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A79394 1 (1907-03-22)

handle is hein.gao/gaobadadn0001 and id is 1 raw text is: 1 644 DECISIONS OF THE COMPTROLLER. to be done at the Government. Printing Office. (See 1 Comp. Dec., 550; 3 id., 127- 11 id., 558; 15 Op. Att. Gen., 262.) The above appropriation for meat inspection in the act of June 30, 1906, supia, is applicnble to the payment of the necessary expelses thereof. RENTAL OF BUILDINGS IN DISTRICT OF COLUMBIA. builings ma.v be rented in tihe Distriet of Collunbia during the fiscil yea' 1.K9 for the use of the Mariie Coris. (Comnptolle' Trace cii to tile Socretary of the Ntavy, Mfarcih 22, 1907.) By your reference of March 19, 1007, I have received, with your request for my decision on the question therein pre- sented, the following letter from the quartermaster of the United States Marine Corps, dated March 15, 1907: On December 10, 1904, in1 reply to an inquiry from this office dated November 20, 1904, you decided that in view of the provisions of act of March 3, 1907, which reads as fol- lows: ' Hereafter no contract shall be made for the rent of any building or part, of any buildinr, to be used for the purposes of the Government, in the District of Columbia, until an ap- propriation therefor shall have been made in terms by Con- gress, and that this cliuse shall be regarded as notice to all contractors or lessors of any such building or any part of such huilding,' there was no authority of law under which this office could rent or lease any building or buildings or parts thereof within the District of Columbia, notwithstand- mag the fact. that under the heid of Repairs of Barracks, Marino Corps, in the annual naval appropriation acts, funds were provided for repairs and improvements to quarters at the stations named under such head, and also for the rent- ing, leasing, etc., at certain stations and at such other places as the public exigencies required. One clause of your deci- sion reads: ' An appropriation for renting buildings genersl is -not sufficient, but the terms of the appropriation must s ow the intention to authorize the renting of buildings situated in the District of Columbia.' 2. In the naval appropriation act for- the fiscal year beginning July 1, 1907, approved March 2, 1907, under the , RENTAL OF BUILDINGS IN DISTRICT OF COLUMBIA. 645 head of Repairs of BurrackS, Marilne Corps, tle following l11 ngiiage appears: * * * For the renting, leasing, improvement, and erection of buildings * * *, t stated places, and the following words ' the District of Columbia,' the latter four words hei rig inserted under the sahap propriation named for the first time. In connection with the insertion in the ap- propriation act of the words mentioned, attention is invited to the recommendation of the brigadier-general coimandant, United States Marine Corps, to the Secretary of the Navy, dated October 1, 1906, under the head of Headquarters, United States Marine Corps. His remarks ace as follows: ' The attention of the Department is invited to the corn- ments in my last annual report on the question of the con- rested condition of these headquarters, which has not been improved. It is again recommended that. either additional space in the Mills Building be assigned to the Marine Corps or that provision be made for the rental of ample quarters for these heandquaimrters somewhere in the immediate vicinity of the Navy Department, not only owing to the reasons above stated, but also for the further reason that it is deemed highly essential that suitable facilities and protection be afforded the permanent. and valuable records of the Corps, 'which are now stored in an inflammable building in the Marine Barracks in this city. Frequent reference is neces- sarily made to these records, and amuch valuable time of the clerks is wasted by reason of their being obliged to go back and forth to obtain information.' In the same connection attention is invited to tie fol- lowing extract of a conununication from the office dated Oc- tober 4, 1006, transmitting to the Secretary of the Navy the annual estimates of the quartermaster's department of the Marine Corps for the fiscat year 1908, iii which estimates the words ' in the District of ColIlbilL,' under the head of Repairs of Barracks, Marine Corps, were inserted: In explanation of the. new wordinga incorporated nuder this heading- the District of Columbia -it is stated that frequently, and particularly on the 4th of March, it has been found necessary to rent or lease quarters for enlisted men brought to Washington to participate in the inaugural pa- rade on that day. The Comptroller of the Treasury, in a decision dated December 10, 1904, held that it was unlawful, in view of the prohibition in the act of March 3, 1877 (19 Stat., 370), to rent buildings in Washington, D. C., for any purpose. At the present time there is urgent necessity for the renting of a portion of a fireproof building to store rec- ords of the Marine Corps from date of its creation up to about 1000. These important records are now stored in an old

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