Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-19

TO PURCHASES OF SCHOOL SITES
Commissioner Webb last evening sent the
following letter to First Controller Durham
with the object of getting his views on the
construction of the clause OF the District ap-
preparation bill providing for the purchase of
school sites and the erection of school build
ings thereon:
The act of Congress, approved March 2,
1889, entitled an act making appropriations for
the expenses of the government of the District
OF Columbia for the fiscal year ending June 80,
1889, and for other purposes makes provision
Tor the erection OF several school buildings
and the purchase of sites therefor, and further
provides that the appropriations made for the
erection of school buildings shall be immedi-
ately available
1T is of the greatest consequence that the
work of erecting the school buildings provided
for in this act should be commenced at once. in
order that they may be ready for occupation
at the opening of the next school year in Sep
TENDER If possible. Taking it for granted that
the language quoted from the act in question
means that the appropriation for the erection
OF school buildings, and which is made imme-
dlately available, applies in that particular to
the purchase of sites. the Commissioners would
respectfully call your attention to it and ask for
your Interpretation of its language: The pro-
vision i'll question is in these words: That
hereafter the Commissioners, in making pur-
chases of sites for schools other public build
ings shall do so without the employment of
agents or through other persons not regular
dealers in real estate in the District of Column
bia, or through such regular dealers who have
not had the property for sale continuously
from the date of the passage of this act. and in
no case shall the commission be paid to more
than one person or firm greater than the usual
commission.
The Commissioners are unable to determine
whether IN making purchases of sites for
school buildings, under the terms of this pro-
vision, they are to employ agents or not, be-
cause while the language requires them in one
place to do so without the employment of
agents, its whole scope seems to indicate that
such purchases are to be made through a GER
tain class of dealers in real estate, and that
they are to pay limited commission to such
dealers. 1t will be observed that the Commits
sioners are authorized to make purchases
through regular dealers in real estate and
1t would seem that they are limited to such
regular dealers as have had the property for
sale continuously from the date of the passage
OF the appropriation act and they are to
compensate such dealers by paying them the
usual commissions. Does not this requirement
that purchases must be made through dealers
create those dealers agents. and, if it does. how
are the Commissioners to act SO as to con form
to the provision that forbids the employment
of agents.
mo provision is made by the enactment re-
ferred to for the payment of the commission to
dealers, and no fund is appropriated out of
which payment can be made. In this condition
OF things can the amount appropriated for the
purchase of sites and erection Of buildings be
applied to this purpose? That is to say, will it
be legitimate use of the money so appropri-
ated to devote portion of it to the payment of
commissions?
The clause of the appropriation act author
izing condemnation proceedings is limited in
its operation by the act of August /, 1888. to
which 1t refers, to cases only where. in the
opinion of the officer exercising the powers
granting such proceedings, are necessary or
advantageous to the government. From the
fact that these condemnation proceedings
will necessarily be attended with delay and per-
haps litigation, it will be the duty of the COM
missioners to exhaust all other legal methods
open to them for the purchase of the sites for
public schools before resorting to such pro-
ceedings. In view of these facts the Commits
sioners ask that an early reply may be given to
the inquiries made in this letter
another question that suggests itself is
whether, in case of resort to proceedings of
condemnation, the costs attending such pro-
ceedings are to be paid out of the money APP
propriated for the purchase of sites and erec-
ton of buildings"