New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-29

LITTER T. SECRETARY FOSTER CONCERNING
TIT \1ToRNrY GENERALS OPINION.
Warrington April rs Secretary Foster hu, received
from senator Chad and Representative stump. chair
men oi ia. senate and House Committee, on lmm-rH
ton an Official letter. They Acknowledge ihc rc
cclpt of the Attorney Generals opinion ~ 10 the
legality Of using head money at Eli, i and They
say:
The oominitces have never expressed the opinion
that the expenditures from the head money were aO
solutelv Illegal. BY direction Of The two horses Of
Congress, We have been cndeavwine 10 ascertain
whether the excessive expenditures at Ellis Island
werc "A cgnl, prudent capable. economical odmln-tr-
ton of the Treasury Department aud to learn Who wa,
he might receive criticism or commentator according
~ the oase might appcar Their hns been I'M
u the Department to esctIe from personal re,pou>
bility for the expenditures but We now perceive that
this recent opinion Of the Attorney Geueal j. hcrnIdcd
In The newspapers as complete vindichtiom OF tho
Treasury Department.
The proper construction Of statutes governing de
partmenta administration should depend largely npon
The surrounding Hcs and II question Is subnl'trl
without such iacts. he l. quite likely to make IN
erroneous deci'ion; NJ experience Has irl'chuS
shown.
Continuing they ask tho secretary whether IN seek
Ing the opinion Of the Attorney General he commun
Gated TO him the following Information:
That tho SECRETARY " the Treasury on the 9th day
Of December, 1890 when tho specific appropriations
for the Ellis Island improvement, had been Si9oOOo
executed contract for the main binding Of %l3l 66l
which together with other contracts carried the
peuditures ny to 49,. 672 Ia In OF the $4,000
appropriated. That the statutes forbid any Govern
ment officer Ia such cases to pay bal ger amount than
the specified appropriation. Tint Controller Matthew's
opinion adverse to tho uso Of head money NJ ELS
Island wac on Hlc That In January, 1891 after the
Illegal expenditure had been authorized, lie wrote to
the speaker Of the House, calling his attention 30 the
estimate for an additional appropriation for RlOO0Oo
saving that with u total ~ %2GO.000 the Government
would have q permanent immigration station com
pletely equipped. That IN the same month secretary
Window guaranteed a. the lionse Committee Appre
priaiions that the appropriation he requested would
entirely complete the work. That Supervising Arch
cct wndrlm had about the same time made n similar
statement To the committee. That the appropriation
made I'm the act OF March 3. 1871. made without
ans know ledge on the pnr of the committee that the
Secretary had already used intended to ANY OF the
bend money except tho specific appropriation q $3.50
600 That these facts record In the Treasury
Department, but were not called to the attention Of
the present Secretary at time during the eXpcnd-
ihre OF the Yj 900 from the head money. and that
no Legal opinion from tho First Controller taken
concerning the meaning ot the approprang clause of
the act Of March ,. 1901 nor the expenditures
sanc0ned By the Controller down to the date ~ the
Secretays letter OF March 30 1892, requesting the
Attorney Generals opinion
Tho letter continues that these flcts should have
been communicated 10 the Attorney General II they
we're not and ends with the request that they be- so
communicated 10 him and that he be asked 10 state
whether not they modify his legal opinion.