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A79315 1 (1903-08-19)

handle is hein.gao/gaobadadc0001 and id is 1 raw text is: 178 DECISIONS OF THE COMPTROLLER. to the Government, 1 conclude that it is in the interest of justice. to allow the mileage in question, as claimed by the deputy, but it is not to be understood that such a practice is to prevail hereafter, in view of the mandatory provisions of the act of 1890, supra. Accordingly, you are authorized to pay Deputy Blackmore the proper fee for transporting the prisoner before the com- missioner at Bridgeport, subject, nevertheless, to the usual examination of the administrative and accounting officers. RENT OF A BUILDING FOR SMALLPOX PATIENTS IN THE DISTRICT OF COLUMBIA. The appropriation made in the act of March 3, 1903, for preventing the spread of contagious diseases in the District of Columbia, not having provided for the rent of buildings in terms, within the meaning of the act of March 3, 1877, it is not applicable to the rent of a building for the accommodation of persons having contagious diseases, unless there is a class of patients which the act requires to be cared for for which. no provision whatever has been made and which can only be pro- vided forly renting a building. (Comptroller Tracwewell to the Comnissioners of the District of Columbia, August 19, 1903.) In your communication of August li, 1903, you request my decision of a question which you present as follows: The Commissioners of the District of Columbia have the honor to transmit herewith a copy of a communication received by them from the health officer of the District, and to request that you will give them your decision respecting the specific question raised therein in connection with the second inquiry made by the acting auditor of the District, whose communica- tion is also inclosed herewith. The communication of the auditor of the District of Colum- bia, dated July 18, 1903, to which you refer, has reference to the approval of a lease providing a detention camp for smallpox patients. The auditor does not expressly state that there is any building on the ground the lease of which. is- contemplated, but the context clearly implies that there is. The question asked by the auditor, to which you refer,. is' as follows: Second. In case the law is construed to include this mu- nicipal corporation, are not the Commissioners by the terms. RENT OF BUILDINGS IN DISTRICT OF COLUMBIA. 179 . of the act 'to prevent the spread of scarlet fever and diphtheria in the District of Columbia,' approved December twentieth, eighteen hundred and ninety, and the act 'to prevent the spread of contagious diseases in the District of Columbia,' approved March third, eighteen hundred and ninety-seven, and the act making the appropriation to enforce these laws, authorized to rent houses, and to use any and all other proper methods of carrying out the expressed intention of Congress, more particularly in that to fail to provide a place of deten- tion for those suffering or supposed to be suffering with this most dangerous contagious disease (smallpox) would be to nullify the purpose of the law? The appropriation to which the auditor refers, which is contained in the act of March 3, 1903 (32 Stat., 973), is in the following terms: For the enforcement of the provisions of the act to pre- vent the spread of scarlet fever and diphtheria in the District of Columbia, approved December twentieth; eighteen hun- dred and ninety, and the act to prevent the spread of conta- gious diseases in the District of Columbia, approved March third, eighteen hundred and ninety-seven, and for invetiga- ting the cases of typhoid fever reported to the health depart- ment under the provisions of an act to require cases of typhoid fever occurring in the District of Columbia to be reported to the health department of said District, approved February fourth, nineteen hundred and two, under the direction of the health officer of said District, including purchase and mainte- nance of necessary horses, wagons, and harness, twenty-five thousand dollars. As the auditor's question pertains to the leasing of a build- ing for smallpox patients, the acts of December 20, 1890, and February 4, 1902, which relate to scarlet fever and diptheria only, are not applicable to the case presented. The act of March 3, 1897 (29 Stat., 635), provides for preventing the spread of contagious diseases generally, including smallpox. In the communication of the health officer of the District, which you transmit, he refers to the following provision con- tained in this act, as impliedlv authorizing the renting of buildings in the District: Sc. 25. That the Commissioners of said District. be, and they are hereby, authorized and empowered, whenever said District is, in their judgment, threatened or afflicted with any contagious disease, to cause. house-to-house inspections to be made, to require, especially, the cleansing and disinfection of premises or parts of premises, to provide accommodations for such persons as may be threatened by or afflicted with any of L

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