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A79191 1 (1896-12-08)

handle is hein.gao/gaobadaci0001 and id is 1 raw text is: 216 DECISIONS OF TIE COMPTROLLER. ciolunient return fi that period shows that vouchers for clerical Services rendered to him after lie, ceased to hold th iftice Of uarshial were included as part of the expenses of his office. The ernolunneut return, however, was never adjusted ill the First Conmptroller's office, annd therefore these items were never specifically allowed or disallowed. On tihe face of the emolunient return no surplus of emoluments was shown. It may be that the clerk whose duty it was to state emoltimeut accounts presumed none was necessary in this cuse, because there appeared to be no surplus emoluments to account for. altholigh if an account hld been stated and these vouchers hall been disallowed, a surplu.s would have existed. The present Comptroller was the then First Comptroller, arid lie knows that tire qriestionr was never presented to him for determina- tion; therefore, whatever na proper adjinstmnnt of Mr. Grimes's emolument account would have shown, the case certainly can not be treated as an authoritative precedent for the allowance of clerk hire to a marshal after he ceased to be such officer as part of the expenses of his office. The action of the Auditor is therefore affirmed. R. B. BOWLER, Comptroller. EXPENSE OF PROCURING ABSTRACT OF TITLE TO LAND FOR A FORTIFICATION. The expense of procrinig u amstract of title to land to be iseri as a site ;.r a fortification is a proper charge ;LgaiiSt the appropriation made for the piirchase of the site if the abstract is needed by the United States attorney to assikt him in e2Xminilinrg the title, provided the land is to lie purchased and not couideImned. TREASUuY DEPANTENT, OFicE or COMPT.ROLLERU OF TEE TREASUR.Y, Decenber 8, 1990. Sin: I am in receipt by your reference of a letter fron 1inj. Charles E. L. B. Davis, Corps of Engineers, United States Army, stating tlihat tire United States attorney for the southern (district of Caliornia, who has been instructed by the Attorney- General to assist Major Iavis in procuring a valid title to certain premises sought, to lie purelinised on Coronado Beach, San Diego, for fortification Iiprp)ses, desires a certain abstract of title front air abstract company in San Diego. You ask whether the expenses of procuring this abstract may lie paid feot the pliroprintion Sites for fortifications andur searoast dlefenses. Section 35oG, Revised Statutes, provides.: .*No public money shall be expenved spon any site, or landi purchased by tine United States for the ptirposes of erecting thereon any atmorY, artenal, trt, fortification, navy-yned, renitoi-house, higt-house,or other public building of any kind whatever, until tihe Written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the laud or site may be, to such purehiase, has been given. The district attor. Uysof the United States, upon theppliiation of thoAttorney- General, shall fiurinish airy assistance or information in their power in relation to the titles of the public property lying within their respective districts. And tire Secretaries of tihe llepartments, upon the aplllcitioin of the Attorney-General, shall procure any andditional evidence of title which lie ay deem necessary, and which ainy not be ii the possession of the otlicers of the Government, and the expense of procuring it shall be paid out of the appropriations maie for the couti- -eucies of the Departmrents respectively. That section was taken frotu the joint resolution of Septein- her 11, 1841. (5 Stat., 4P), which required that the Attorney- fenerl shoid examine into tire titles of all tire lands anid sites used for all classes of public works therein enurnerated, s well those wihich had alrerrady been lItrrehased as those which were thereafter to ie prchased. It was no doubt be. eartiee of tihe provision requiring ai examiation of titles of hads which had been previously purchased that the appropri- utiir for the contingencies of the Departmet was named as tlat from which the expenses of procuring stch abstracts ere to be paid, because as to the titles of lanrds already then ac- ijnired the appropriations from which the puirchits f smcl birds had been made no loirger were avnihbrle for tire paymlin t of such expenrses. However this m1iay be, section 3.55, Revised Statutes, speiic- ally provides for the paylment of tine expeues of procuring .nurh evidence from the appropriations for tire Departnent under which the hind sought to be purchased is to lie used, aid it has been thestablished practice for mary years.-prob- ably over fifty-to pay such expenses fromr the apjpropriations Iroi which the pourchase money of the land itself is payable, provided these, Cxlreises arise in cases vherre land is to be irchased adi not condern rero for whrer a suit for conidents ion is brought, tihe expenses of such suit, like all uither stits ir I t I I ABSTRACT OF TITLE TO LAND. 217

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