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A79348 1 (1904-01-14)

handle is hein.gao/gaobadadh0001 and id is 1 raw text is: 538 DECISIONS OF THE COMPTROLLER. EXPENSES IN CONDEMNATION PROCEEDINGS. The compensation of commissioners, stenographers, etc., for services in. connection with the condemnation of land fora site for a building for the.use of the House of Representatives are expenses incident to the condemnation proceedings, and therefore are payable from an appro-. priation for the Departmentpf Justice, and not from the appropriation for the purchase of the site. (Comptroller Tracewell to George W Evans, disbursing clerk, Department of the Interior, January 14, 1904.) I have your letter of January 8, as follows: I have the honor to submit herewith, for an expression of opinion from you whether or not I can pay the following accounts from the appropriation 'Office building, House of Repiesentatives,' as provided for in the sundry civil act of March 3, 1903, viz: Robert I. Fleming .................................... $2, 000.00 A. A. Wilson -------------------------------------------- 2,000.00 James F. Oyster ----------------------------------------- 2,000.00 The Washington Post Company----------------------------- . 132.00 The Law Reporter Company ------------------------------- 30.00 Hanna & Budlonje, stenographers--------------------------- 1,735.84 The Washington Title Insurance Company------------------- 1,550.00 The vouchersabove referred to have been presented to me for payment, but before making requisition on the United States Treasury for funds to pay the same, and in view of your decision of June 20, 1903 (copy herewith), I am not entirely satisfied whether or not I am authorized to draw the money for this purpose or make the payments in question. The above accounts are for services rendered in connection with condemnation proceedings for the acquisition of a site for and toward the construction of a building for office uses of the House of Representatives, under the act of March 3, 1903 (32 Stat., 1113). This act contains no provision for the payment of expenses incident to the condemnation proceed- ings, but authorizes the Secretary of the Interior to proceed in the manner prescribed for providing a site for an addition to the Government Printing Office in the act of July 1, 1898 (30 Stat., 648), as follows: The Attorney-General, upon request of the said Public Printer, is authorized and directed to make application to the supreme court of the. District of Columbia, by petition, at a general or special term of said court, for an assessment of the value of said parcels of real estate, and said petition shall EXPENSES IN CONDEMNATION PROCEEDINGS. 539 Contain a particular description of the property required, * o * and the said court is hereby authorized and required, upon such application, without delay, to notify the owners, and occupants of each such parcel, and to ascertain and assess the value of the same by appointing three commissioners to appraise the value thereof and to return the assessment to the court, and whenthe values of such parcels are thus ascertained, and the said Public Printer shall deem the same reasonable, the sum or sums so ascertained shall be paid into said court for tbeir use. In my decision of June 20, 1903 (9 Comp. Dec., 793), to which you refer, and in which the question as to whether the expenses desired to be incurred by the United States attor- ney under the act of March 3, 1903, spra, would be a proper charge against the appropriation of $750,000, 1 held as follows: From the foregoing discussion it will be seen that the principal question to determine is whether the Secretary of the Interior has any control over expenses incurred by the United States attorney in connection with the condemnation proceedings, and whether he can authorize him to employ the witnesses and incur the costs contemplated by him. My own * opinion is that all such expenses should be ordered and approved by the Attorney-General and paid from an appro- rpration of the Department of Justice, under the regulations of that Department governing the procurement of expert services and testimony in connection with the conduct *or investigation of cases n which the United States is a party. i(Regulations, paragraphs 681-689.) (See 1 Comp. Dec., 317; 2 id., 201; 3 id., 216.) You ask for an expression of opinion as to whether the accounts' of the commission of inquiry and assessment, for personal servicesi-endered, and the other incidental items for advertising, stenographers, and abstracts of title, submitted by you, shall be paid from the appropriation Office build- ing, House of Representatives, under the sundry civil act of March 3, 1903. No question is raised as to the validity of the accounts, and no opinion is expressed thereon. From the foregoing it will be seen that the question for my decision is, whether the mode provided by Congress to ascer- tain and .assess the value of the property for the site for a building to be used by the House of Representatives is such :as to constitute it a suit at law, thereby bringing any compen- sation for services rendered in connection therewith, within

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