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A79408 1 (1907-01-25)

handle is hein.gao/gaobadado0001 and id is 1 raw text is: DECISIONS OF THE COMPTROLL ER. CONTRACTS INVOLVING EXPENDITURES IN EXCESS OF AMOUNTS APPROPRIATED FOR OBJECTS AUTHORIZED. A contract may be entered into for the full completion of an object authorized by law within the limit of cost fixed for it, even though such limiit is greater than the amount appropriated for the object, provided paymnent therefor is limited to the amount in the Treas- ury appropriated therefor, exclusive of other obligations or expenditures, and is made subjet to future appropriations. (Comptroller Tracewell to the Secretary of Commerce and Labor, January 25, 1907.) In your communication of January 19, 1907, you request my decision of the following question: At the instance of the Light-House Board this Depart- ment respectfully requests your decision whether or not it can properly and legally enter into a contract for the con- struction of a light and fog-signal station at or near South- west Ledge, Conn., or make other expenditures in connection with the construction of said light and fog-signal station, in excess of the sum of sixty thousand dollars appropriated by the act approved April 28, 1904, for Black Ledge light and fog-signal station, and, by act approved June 20, 1906, made available for this pill-pose. 48 * * 1 * A light and fog-sighal station at or near Southwest Ledge, entrance to New London Harbor, Connecticut, at a cost not to exceed one hundred and fifteen thousand dollars: Proivided, That the sum of sixty thousand dollars, appropriated by the act approved April twenty-eighth, nineteen hundred and four, for establishing a light and fog-signal station at or near Black Ledge, entrance to New London Harbor, Con- necticut, may be used toward constructing said light and fog-signal station at or near Southwest Ledge. Section 3679 of the Revised Statutes, as amended by the act of February 27, 1906 (34 Stat., 48, 49), contains the following provisions: No Executive Department or other Government establish- ment of the United States shall expend, in any one fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract or other obligation for the future payment of money in excess of such appropriations unless such contract or obligation is authorized by law * * *. Section 4666 of the Revised Statutes provides that all material for the construction and repair of light-houses, etc., shall be procured by public contracts. Where, therefore, authority to construct or establish a light-house is granted by Congress, I think authority to enter into contract therefor is necessarily implied, unless otherwise prohibited by law. Section 9 of the act of June 30, 1900 (34 Stat., 764), pro- vides as follows: No act of Congress hereafter passed shall be construed to make an appropriation out of the Treasury of the United States, or to authorize the execution of a contract involving the payment of money in excess of appropriations made by law, unless such act shall in specific terms declare an appro- priation to be made or that a contract may be executed. 183-VOL 13-07-32 CONTRACTS IN EXCESS OF AMOUNTS APPROPRIATED. 479 The act of June 20, 1906 (34 Stat., 321, 322), contains the following provisions: That the Secretary of Commerce and Labor be, and he is hereby, authorized to establish and provide the following aids to navigation * * * in accordance with the respective limits of cost hereinafter set forth, which shall in no case be exceeded:

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