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A79224 1 (1901-03-13)

handle is hein.gao/gaobadada0001 and id is 1 raw text is: AUTHORITY TO PURCHASE LAND. 525 524 DECISTONS OF THE COMPTROLLER. AUTHORITY TO PURCHASE LAND. The purchase of land forthe United States, except under a law authorizing such purchase, being prohibited by section 3736, Revised Statutes, the purchase of land for a fishery station can not be nmplied from the provisions of the act of May 12, 1900, authorizing the establishment of such a station and appropriating money fur the necessary surveys, erection of buildings and other structures, etc. (Comptroller Tracewell to the Disburnq Agent of the Fish Cois;o1, 1(arc/h 13, 1901.) 1 have received your letter of the 21st ultimo in regard to an account presented to you for payment in connection with the purchase of a certain tract of land in the State of North Carolina from the appropriation made in the act of Vfay 12, 1900 (31 Stat., 177), providing: That the Commissioner of Fish and Fisheries be, and he is hereby, authorized, empowered, and directed to establish a station for the investigation of problems connected with the marine fishery interehst of the Middle and South Atlantic States at some-point in North Carolina. That for the necessary surveys, erection of buildings and other structures, and for the propler equipmentof said station, the sum of twelve thousand five hundred dollars, or so much thereof as may be necessary, be, and the same is hereby, ap- propriated out of any money in the Treasury not otherwise appropriated. Your inquiry had reference to the sufficiency of a general statute of the State of North Carolina authorizing the pur- chase by the United States of land for public objects, and was suggested by the provisions of section 355 of the Revised Statutes. On the 2d instant I wrote to you asking to be informed, in view of the provisions of section 3736 of the Revised Statutes, of the authority of law for the purchase of any land on ac- count of the United States from the above appropriation. That section is as follows: No land shall be purchased on account of the United States except under a law authorizing such purchase. In a letter of the 6th instant the Commissioner of Fish and Fisheries acknowledged the receipt of my letter to you, and replied as follows: The act of Congres in question authorizes and directs the Commiioner of Fish aInd Fisheries to establish a station for the investigation of fishery problenis at some point in North Carolina, and provides 12,5'0 for the necessary surveys, erection of buildings and other structures, and forthe proper equipment of said station. While the act does not specifically authorize the purchase of land it directs that other steps be taken which would be impossible without the possession of the land, and accordingly it would sen obvious that the pur- chase of sufficient land for the station was intended by this act. While it is true that when an appropriation is made for a specific object, it by implication confers authority to incur expenses which are necessary to its execution, or appropriate or incidental thereto, this rule can not be invoked in the face of an express prohibition of law, especially if a sufficient weaning can be given to the appropriation without disregard- ing the prohibition contained in some other statute. The act of May 12, 1900, supra, certainly does not in terms authorize the purchase of land; whether it by necessary implication authorizes such purchase is the question to be decided. Re- peils by implicatien are not favored, aud. if a sufficient and reasonable meaning can be given to both statutes this must be done. If this act authorizing the establishment of a station stood alone, or if the mutter of the establishment of fish-culture stations was a new and unconsidered one, there would be more, force in the contention of the Commissioner. But the country is dotted with stations established by virtue of acts of Con- gress, and this act mast be read in the light of other acts on the same general subject. If Congress, in authorizing from year to year the establishment of these stations, bad omitted all reference to the acquisitioni of land therefor, it might reasonably be inferred that this was done with a full knowl- edge of the prohibition found in section 3736, Revisedc Statutes, and of the fact that the appropriations were being construed to authorize the purchase of land. A careful examination of the many acts relating to the establishment of fish-culture stations negatives this idea and convinces me thut the appro- priation under consideration does not make any exception to the general provisions of the law. The act of March 2, 1889 (25 Stat., 954), provides: For the purchase of ground, construction of buildings and ponds, and purchase of equipment of fish hatchery and rearing stations near Craig's Brook, Reed's Pond, and Branch Pond, ..Maine, eleven thousand dollars.

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