The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-04-20
OPEN TO CONVICTION
But Comptroller Durham is OF
the Same Opinion Still.
THE RESOLVE OF COLONEL BELL
He Reserves His Salary for the Democratic
Campaign Fund in 1892 = Books
Desertion- Revenue Marine 0nlers.
Special 70 THE HERA1D-EIaminer Dispatch.

| Especial 70 THE Observation-Disclosures Dispatch. ]
WASHINGTON, April 10. Congressman
Morrow did not succeed yesterday in his
effort to convince First Comptroller Dur
ham that $500, 900 is available for the pur-
chase of the sitefor the San Francisco post
office.
| Mr.. Morrow was at the department early
| yesterday morning, and he argued long and
earnestly pthat the clear intent of the
supplementary act of January p, 1889,
was to appropriate the full amount instead
of the paltry s35O,O0O fixed by the act of
March 3, 1887 But Comptroller Durham
is as stubborn as a mule when he gets his
mind made up, and he would not be con-
WINGED. He rested his decision on the Ian
guage of the two act.
The original act provided that the sum to
be paid therefor shall not exceed 1856, 900,
or so much thereof as may be necessary,
| is hereby appropriated for making said pur-
chase. This the comptroller said was cor
rect and conclusive. If the supplementary
act drawn by Mr.. Morrow had been equally
precise in its language. there would have
been no trouble, but as it stood it merely
fixed limit for the site without appropri-
THAT the amount heretofore fixed as a
limit of the cost for the purchase of a site
for building for a postoffice court house,
and other offices by the United States gov
eminent in San Francisco, California, be
and the same is hereby increased to $500, 900,
and that sum is hereby fixed as limit of
cost for the purchase Of a site at a Volun
tary sale, or by condemnation.
THAT the commissioners and officers Of
tba TT,,ifaJ har-iucr Cbarpa of no
purchase of a site are authorized and re-
quired to be governed by the limitation
hereby prescribed"
Comptroller Durham said it would be
utterly impossible for him to rule that such
language authorized the drawing of any
money from the treasury. 1t merely fixed
limit, and to hold that fixing limit was
equivalent to appropriating, he said, would
be a most miSchieVOuS and unWarranted
assumption of authority. 1t was to assume
that Congress intended San Francisco to
have a more expensive site than at first
proposed, but that it kept within its own
discretion the time when it would authorize
the purchase. The limit of cost was al
ways fixed in providing for public buildings,
and only part of the amount appropriated
from year to year.
Congressman Morrow relied upon the
manifest intent of Congress, and pointed
ont that this case was different from that
OF a building which was built up year by
year. 1t was absurd, he said, TO maintain
that Congress had authorized the purchase
of a site for given sum and then only ap-
propriated part of it. He will file
printed argument with the comptroller in
support of his position. Except by secur-
ing his removal, and it is hardly creditable,
it is represented that the comptroller would
not make q different decision.
The Californians here are greatly cha
grined about the matter. That such
bungling piece of legislation could have
passed the scrutiny of Congressman Nc
kenna and Fulton, and then run the gaunt-
let of the Senate committee on public
buildings and grounds, of which Senator
Stanford is chairman, passes belief. Sena-
tor Stanford could easily have had in his
committee the assistance # sIch lawyers
as Sooner, Of Wis2aus Il. Vest, o. Ms
souri,, and Danfel, Of FIr-:r'9, and he coald
have had the aid Of tAe pol teal lnesse of
Senator QEGy, of Pennsrly ana, who is
also on the committee.
Nothing can now te acccTn 1li5fe1 for
over a year.
congressman GIorroU t&i1.s hopefully of
having Joe CoIAClissiu,, - aaeal al! select
4 site and han; Congress- make the
Necessary Appropriation next winter out
the history of that legislation, IS given in
the time, shows that it is no easy task to
carry it through, and it will evidently re
quire different engineers from the over
confident gentleman who had charge of the
matter last winter.