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A79368 1 (1904-09-16)

handle is hein.gao/gaobadadi0001 and id is 1 raw text is: JV 132 DECISIONS OF THE COMPTROLLER. I think the proper rule to be applied in all cases of this kind is as follows: Where an officer or employee who receives annual or monthly compensation is absent with leave without pay, one day's pay should be deducted front his compensation for the month for each day he is so absent. 1 have therefore to advise you that in each of the eases specified by you, you are authorized to wake payment in accordance with this rule. I have also to advise you that the decision rendered to you by the Acting Comptroller of the Treasury September 2, 1904, was made under a misapprehension of facts and is in conflict with this rule, and it. is hereby reversed; and if not acted upon hy you, you will apply the same rule in that case. AUTHORITY TO PURCHASE LAND FOR A BRIDGE SITE. The appropriation made in the act of April 27, 1904, for continuing the constknction, including approaches, of the highway bridge aeross the Potonac River at Washington, D. C., and for any and all other pir- posnes connected tierewith, is applicable to the purchase of land for a site for the approaches of said bridge. (Comptrller Tracwd? (o t/w &ecretaiy ofj TIr, Setember -16, 1904.) By reference by the Chief of Engineers by your authority, dated September 6, 1904, of a communication from Col. A. M. Miller, Corps of Engineers, of the same date, you request my decision of the question which he therein presents as follows: 1. The following acts providing for the construction of a highway bridge across the Potomac River have been passed and approved: (a) Act of Congress (Public No. 49), approved February 12, 1901, contains te following: 'SEc. 12. That the Secretary of War be, and he is hereby, authorized to enter into at contract with the Baltimore and Potomac Railroad Company or any other party to construct within two years after the passage of this act, at a point not less than five hundred feet above the site of the present Long Bridge, a new and substantial bridge for highway travel, of AUTHORITY TO PURGHASE LAND, iron or steel, resting upon masonLry piers and provided with suitable approaches, and with a sutliciunt draw, all in accord- ance with plans and specifications to be approved by the See- retury of War; and there is hereby appropriated (one-balf out of the revenues of the District of Columbia and one-half out of any money in thoTreasury not otherwise appropriated) the slim of live hundred and sixty-eight thousand dollars; or so much thereof as may he necessary, to be paid from tiine to time, ais the construction of the said bridge progre ses, by the Secretary of War. under such regulations as he shall prescribe.' (b) The aibove-nentioned section was anended in the act (Public, No. 218) iraking appropriations for the government of the District of Columbia, approved July 1, 1V02, in the following terms: High way bride across Potomac River: Section twelve of the Act to provifTc for eliminating certain grade crossings on the line f the Baltimore and Potomac Railway Company in the cityof Washington, Districtof Columbia, and requiring said company to depress and elevate its tanks and to enable it to relocate parts of its rnilroad therein and for other pur- poses, approved February twelfth, nineteen hundred and one, is hereby anencled by striking out therefrom the words two years and inecrting in lieu thereof the words four years, and the limit of cost for the bride across Potomac River is hereby increased to nine hundred and ninety-six thousand ddllars. And the Secretary of War is authorized to enter into a contract or contracts for the construction of said bridge within the said limit of cost.' * '- (0) In the aCt (Public, No. 187) makilig appropriations for the government of the District of Columbia, approved April 27, 1904 (33 Stt, 372), was the following itent: ;For corltinuing construlction, inliding approaches, of the highway bridge aross tin PotOmrac River at Washington, District of Col1umbin, anrid for any and 'al puIpSes connected therewith, four hniidred and twenty-eight thousand dollars; and the total cost of said bride Iand approucbes shall not exceed one million one hundred and ninety-six thousand dollars.' 2. 1 would respectfully request that the opinion of the Comptroller of the Treasu v ibe requested as to whether, under the above acts and anendment, the War Departmcnt is author- ized to purchase the necessary land for approaches to the b lridre. The provisions of law quoted b you .ngnl do not contain ny express provision for the purchase of land on which to . construct theapproaches to the bridge. It is implied by your question that it will be necessary to purchse land : for approaches to the bridge.

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