Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-08-25

1IeaSu[y coon 10 the communication OF the DiStrct
Commissioners in reference to the contractors re-
tain fund, recently published IN The STAR.
TREASURY DEPARTMENT,
OFFICE OF TIE SECRETARY,
WASHINGTON, D. c., August g. 1884
Hon. J. B. EDxoNps,
President Commissioners District OF Columbia.
Sra: have the honor to acknowledge the receipt
OF your communication Of the 10th instant In re-
gard to the disposition OF the surplus arising from
the sale Of the bonds in which were invested the
guarantee funds upon certain contracts
1hcloSe herewith, for the Information OF the
commissioners, copy of a communication, dated
August q, 1884. from the first controller OF the
Treasury, to whom had been REFER ed your letter.
1t Is not understood, as appears to be claimed by
you, that the controller had In any previous opin
Ion, recommended that the surplus proceeds OF
these bonds be deposited to the credit OF the Dis
trict OF Columbia on account OF miscellaneous re-
draft OF the Commissioners, but that the recon-
mendatlon was that the deposit be made to the
credit OF the United States on such account.
OF the District OF Columbia appr pirate an amount
stated OF the moneys OF the United States but pro-
vide that only an amount equal to the District reve
nues shall oe drawn Oh Sucn appropriation. Should
1t occur at any time that the amount OF the Dis
trict revenues from ordinary sources was less than
and @ States be
to the credit Of the District OF Columbia as It's
nues, there would be required. under the law, an
amount OF Unltel States money equal to such ad-
dttional revenues which would not otherwise have
been applied. This, Notwithstanding that the
United states had furnished mOety Of the fund
upon which the profit had been made. and which
pront thus inures entirely TO the benefit OF the Dis
trct and enables II to draw from the United States
a corresponding amount
But whether or no the United states is entitled
to share with the District Of Columbia In such
profits, or whether either is entitled to Ihem 1t Is
not seen that any injustice will be done to the In
terests OF the District OF Columbia by deposit OF
this surplus In the Treasury 1t Is there subject
such disposition as shall be directed by Congress,
winch alone, IN the opinion OF this department, has
authority to make the nnal disposition OF such pro-
ceeds and to adJudge the ownership thereof
II Congress shall decide that the amount in Ques-
trct OF Columbia, 1t may properly direct that credit
De given the District; and Congress may Also If 1t
SO pleaSeS, allow interest upon the same from the
GATE OF Its receipt into the Treasury, at the same
rate that interest Is charged to the District on
money advanced for the completion of the sewage
q IKE amount OF money so advanced.
(Signed) CHAs. E. Coon,
Acting Secretary.
THE NCL0SED LETTER OF FIRST CONTROLLER LAW
RENEE
reviews the questions at issue and maintains that
The surplus funds now in question are not unex-
pended balances OF appropra lions heretofore made,
and that the funds cannot be expended, under the
act OF Congress, until appropriated by Congress.
he says that he has prepared an opinion, In which
ne holds that such proceeds should be covered into
the Treasury, according to SECTION 1918, X. s., as
miscellaneous receipts, not to be withdrawn except
Dy appropriation made by law. He, therefore, holds
that there Is no law authorizing the credit OF the
surplus to the District excepting by special appro
prialion OF Congress.