Evening star., 1898-08-12
I H Ely MAY B E u S E D
An Opinion on Appropriation for sectarian
Purposes.
The Controller of the Treasury Con-
siders an Important Local
Matter.

treasury, has advised the District Commits
sioners that in his opinion. the appropria-
t1ons In the current District bill granted to
sectarian institutions may be used for the
purposes indicated by Congress. The con-
troller's opinion Is contained in the follow
ing communication to the Commissioners:
Gentlemen: ] have received your COM
munlcation of the Sth instant, in which
you refer to the decision of this office of
August 1, 1888, to the effect that the board
of children's guardians is not authorized to
pay any part of its appropriation to any
church or religious denomination or to any
institution or society which is under sec
tartan or ecclesiastical control. The stat
ute there considered is the District of Co
lumbla appropriation act, approved March
8, 1897 t29 stat. 6S3), and particularly the
following clause:
" And IT is hereby declared to be the pol
ICY OF the government of the United states
to make no appropriations of money or
property for the purpose of founding, main
tanning or aiding, by payment for services,
expenses or otherwise, any church or re-
HgiouS denomination, or any institution or
society which is under sectarian or ecclesi-
astical control; and it is hereby enacted
that, from and after the 30th day of June,
1888, no money appropriated for charltable
purposes in the District of Columbia shall
be paid to any church or religious denomf-
which is under Sectarian or ecclesiastical
control
You now submit the inquiry:
Whether this ruling is to be construed
as applicable to the appropriations for the
sectarian institutions which are specihcally
provided for in the District appropriation
act of June 80 1888, or whether these ap-
preparations by Congress in contradiction
of the policy and provision set forth in the
clause above cited may not be regarded as
special legislation, which would warrant an
exception to the general law previously en-
acted.
THE sectarian institutions provided for
in the current District appropriation law
are the Church Orphanage Association of
St. Johns parish, St. AIMS Infant Asylum,
the Association for Works of Mercy, House
of the Good Shepherd, the st. Rose Indus
trial School and ST. Joseph's Asylum.
"1n the District of Columbia appHopria-
ton act for the current fiscal year there
are the following appropriations for insti-
tutions which you state are sectar1an:
" For the Church Orphanage Association
Of st. Johns parish, maintenance, 81, 500.
"'For ST. AIMS Infant Asylum, main
tenance, S., 400
For Association for Works of Mercy.
maintenance, 81 800.
For House of the Good Shepherd, main
tenance, 81 700
For St. Rose Industrial School, main
tenance, 50, 800.
For st. Josephs Asylum, maintenance,
81 ,s00
''In the quotation from the act of March
8, 1897, it will be noticed that Congress de-
clared it's policynot to appropriate for sec
tartan Institutions. In the later act of June
30, 1S9S it Ignored the declaration of the
preceding Congress, and made specific ap-
preparation for such institutions. 1t is a
fundamental rule that one Congress cannot
restrict the action of its successors. Il is
also a wel-estabtished rule that later law
in conflict with a former act operates to
repeal one first passed to the extent of the
conflict. The appropriations for the tnsti-
tutions herein nanaed are in conflict with
the prohibitive legislation passed in 1897,
and therefore nnstiprevail
1T is unnecessary to review the history
of the contest between the Senate and the
House of Representatives upon the ques-
ton of appropria tions for sectarian chari-
table institutions in ,the District. The re-
suits are found IN the. e.statutes Rereinbefore
referred to. .--
2 II therefore have the honor TO advise you
that the appropriations granted to these
institutions byaname may be used for the
purposes indicated by Congress"