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A79198 1 (1900-04-12)

handle is hein.gao/gaobadaco0001 and id is 1 raw text is: PURCHASE OF LAND. 791 THE PURCHASE OF LAND WITHOUT AUTHORITY OF LAW. An appropriation for the erection of a monument to Sergt. Charle.4 Floyd does not authorize the purchase of land for a site therofor, and a conveyance to the United States of land therefor in consider.- tion for o sum specified is in contravention of section 3736, Revised Statutes, which prohibits the purchase of land except under a lMw authoriing its purchase, and is void. (Aa8aitant Comptroller Afitclell to the Secretary of War, April 12, 1900.) I have received your letter of the 31st ultlino, as folows: I have the honor to transmit herewith a letter from Capt. H. fX. Chittenden, Corps of Engineers, United States Army, dated February 17 ultimo, submitting papers pertaining to the acquisition by the United States of an acre of ground within which is to be erected a monument to the memory of Sergt. Charles Floyd (see item in deficiency appropriation act of March 3, 1899, 30 Stat., 1225), authorizing the Becretary of War to cooperate with the Floyd Afernorial Association in tbe, erection of said monument. Attention is invited to the indorsement on said letter by the Judge-Advo**ate-General of the Army, dated 20th instant, from which it appears that in the absence of statute the Sec- retary of War has no authority to acquire land on behalf of the United States (sec. 3736 R. S.), and in the opinion of the Judge-Advocate-G-eneral the act appropriating the money for the erection of the monument in question does not authorize the acquisition of the land upon which it ii to be built; also that he is not aware of any statute which would prohibit the expenditure of the said appropriation without acquiring title to the site. Your letter does not present any specific question upon which you desire my decision, nor does any such question clearly appear from the papers submitted, therefore my reply must necessarily be based upon such question or questions as occur to mne from the subject-matter of the case. The act of Alarch 3, 1899 (30 Stat., 1225), provides: Monumeut to Sergeant Charles Floyd: To enable the Secretary of War, in cooperation with the Floyd Memorial Association, to cause to be erected over the remains of Sergeant Charles Floyd, a member of the Lewis and Clark expedition, who died and was buried August twentieth, eighteen hundred and four, near the present site of Sioux City, Iowa, a fitting monument commemorative of that expedition and of the first soldier to lay down his life within the Louisi-

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