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A79392 1 (1905-11-18)

handle is hein.gao/gaobadadl0001 and id is 1 raw text is: 304 DECISIONS OF THE COMPTROLLER. ~1 ii I EXPENSES OF SURVEYS IN CONDEMNATION PROCEEDINGS. Neither the appropriation made ill the act of April 27, 1904, for the purchase of a site for a naval station on the New England coast, nor the appropriation for contingent expenses of the Navy is applicable to the expense of making surveys of said site in con- nection with condemnation proceedings. but said expenses are payable from the appropriation for the Department of Justice. (Comptroller Tracewell to the Secretary of the Navy, November 18, 1905.) By your reference of November 10, 1905, I have received the following letter addressed to you by the Attorney- General under date of August 14, 1905: The Department has received a letter from United States Attorney Adams, of Boston, Mass., in regard to the condem- nation of land at 1inghan and Weymouth as a site for a naval magazine. The district attorney desires to employ Aspinwall & Lin- coln to take ' check levels ' and make computations as to cer- tain gravel deposits on said land, and furnish a plan on tracing cloth showing the levels of the whole area belong- ing to the town of Hi ingham, giving careful computations of the quantity of gravel or other valuable materials they find, at a compensation of $500. lie states that it is neces- sary to have the work done, and the amount specified is reasonable. Will you kindly have this work done through the Bu- reau of Yards and Docks, if practicable, and advise this Department of your action? You request my decision as to whether the firm of Aspin- wall & Lincoln may be employed by your Department to make the surveys mentioned in the letter supra, and be com- pensated therefor from the appropriation contained in the act of April 27, 1904 (33 Stat., 338), for the purchase of a site for a naval magazine oii the New England coast; or, if not, whether any other appropriation under the control of your Department is available for the purposes stated. The act of April 27, 1904, making appropriations for the naval service for the fiscal year ending June 30, 1903 (33 Stat., 338), contained the following provision: Naval Magazine, New England: For the purchase of land for a naval magazine on or near the New England coast, EXPENSES IN CONDEMNATION PROCEEDIN V k GS. 305 north of Cape Cod, and toward the erection thereon of the necessary buildings, of inclosing said grounds, of grading and filling in * * seventy thousand dollars, or as much thereof as may be necessary; and the Secretary of the Navy may employ, and pay out of the appropriation hereby authorized, such additional expert aids, surveyors, archi- tects, superintendents of construction, or draftsmen as may be necessary for the preparation of the plans and specifica- tions and prosecution of the work authorized, to an amount not to exceed fifteen thousand dollars. * * * The same act (33 Stat., 325) also contains the following provision: Contingent, Navy: For all emergencies and extraordi- nary expenses, exclusive of personal services in the Navy Department or any of its subordinate bureaus or the offices at Washington, District of Columbia, arising at home or abroad, but impossible to be anticipated or classified, to be expended on the approval and authority of, the Secretary of the Navy, and for such purposes as he may deem proper, sixty-five thousand dollars. * * These two appropriations are the only ones which need be at all considered in connection with the questions you present in this case. While it is true that the act of April 27, 1904, authorizes the Secretary of the Navy to acquire, by condemnation pro- ceedings if necessary, the land for the site of such naval magazine, said act does not contain any authority for the use of any part of the appropriation for such site otherwise than for the purchase of the land, equipment of the build- ings, and so forth. - The surveys which are mentioned in the letter quoted supra :ire essentially a part of the proceedings for condemnation, and as such are payable from an appro- priation for the Department of Justice and not from the appropriation for the purchase of the site. (See 10 Comp. Dec., 538; 9 Comp. Dec., 793; 3 Comp. Dec., 217.) Nor do I think the contingent appropriation, quoted supra, available for the purpose here involved. The surveys desired in the condemnation proceedings herein are not in any sense such an emergency or extraordinary expense, im- possible to be anticipated or classified, within the meaning' of the said act. On the contrary; the possible necessity for such condemnation proceedings is recognized bi Congress in the act appropriating money for the purchase of the site. 29359-Vol. 12-06-20 i *

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