Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-25
NO APPROPRIATION MADE
Controller Tracewell's Decision on Claims
Against the Court of Claims.
No Money to Pay for Fitting Up the
Ne" quarters Unless Repairs Are
Made as a Consideration for Rent.

tor IN the case of a claim for fitting up the
new quarters of the Court of Claims The
auditor had decided as follows:
IL Is my opinion that the appropriation
Aof temporary quarters for the court of
claims cannot be used for the payment of
the cost of permanent improvements to the
realty rented for the temporary use of the
court, or for repairing furniture. or for
providing a new equipment or new facili-
ties for that court or providing If with
new furniture or fnkstands but is limited
TO the hire of temporary quarters and re-
moving the court and its records and
archlVes thereto. This will include all ex-
penSes necessarily incurred in the removal
Vi une court, ana the arrangements of its
enec.s' lor the placing of its records and
arch1Ves, but cannot be extended so az to
authorize the purchase of new furniture or
stationery and supplies, or the erection of
new appliances, or the providing of new
facilities, however desirable or necassarw
70 the convenience of the court such things
may be deemed 7'
decide that the items in the accounts
oi No1ley Anderson, for erecting flag pole
covering and repairing desks supplies and
material and labor building chute, making
or SURVIVING g one 16-foot walnut-top desk
anu HVe loot rests must be disaIloWed
So also must be disallowed all charges
IN Ia me vouchers of Easton & Rupp John G.
Parker and A. E. Kennedy. and the coets
oi tie hass furnished by j. B. Morrey"
sustained by Controller
controller Tracewelrs opinion saws:
Ihe construction given this section of
statute by the auditor arises on an applica-
tioh OF the provisions of the act to the
Facts as stated in his decision. The con-
tfoller is bound in making his decision bv
the statement of facts set out by the aud;
tor. Inc auditor conStrues an act in reIa
uon 70 a certain state of facts and snh
tn m - IN ms construction of the law applicable
rr,.hi ~ ,nLS ssate OF Facts for approval, dsap-
proFal or modification. The controller If
ne approves or disapproves the construr-
.ion given the statute by the auditor does
81 upon the state of facts given and not
upon some other different state of facts
that may or may not exist
Applying this rule to the construction
gwen by the auditor to the act in Question
see no way of escape from annroi-ino Tho
decision of the auditor and aeraainp win
nlm IN the construction given this act as
aFplcapie to the facts stated in his de-
ciSion.'' ~ e
The Position of the Controller.
lnfer from the language of the auditor
that he understands the controller to hold
IN broad language that a charge for ner-
manent improvements to real estate rented
oy the government is in no case a proper
charge against the government If I un-
aeistahd the auditor correctly, he is mis-
TAKEN 1t has not been held by this office
IN so far as | am advised, that in no case
are such expenses a proper charge The
contrary doctrine was distinctly announced
III d letter TO the Secretary of War of Jan
uary 81. 1899, emanatins from this oftica
wherein II was announced:
Inc legal right to make contracts
ophgaung the government within the linn
its oI the appropriation to keep property
hired for its use in repair was conceded IN
. Comp. Dec, page 1866
rms decision was made relative to
contract for the hire of a locomotive en-
ntapp sDrly ,1;ae. -,
contract for the rental of a building
ne rule may be stated to be that the
government is not liable for the expenses
OF permanent Improvements, repairs or al
teratons made on a building rented bv il
unless in the contract for its rental it is
part of the consideration for its rental tha-
the government, as part or the whole of
such consideration, agrees at it's own ex-
pense to make such improvements repairs
or alterations.
Furniture and Flag
AS regards the items for furniture and
the repair of furniture asserted to have
become absolutely necessary because of the
change of quarters. 1 am clearly of the
opinion that the appropriation provided for
the hire or rent of temporary quarters of
the Court of Claims is not applicable TO
their payment. The use Of this appropria-
tion by its terms is limited to the hire of
temporary quarters and the removal of said
court, its records and archives thereto
The necessity for thing does not raise
an appropriation for the purchase of the
necessary thing OF justify the use Of an ap-
preparation made for some other specific
object or purpose. Nor can it be said, in
my Judgment, that the purchase of flag
to be used on the flagstaff erected on or
in the roof of said building, however pa
triotic and commendable the act is in itself,
is any part of the hire of temporary quar-
ters for the use of the court or a part of
or incident to the removal of said court or its
archives. The Flagstaff may or may not
be part of the building, depending en-
tirely upon its manner of fastening, but as
to the flag itself 1t cannot be part of the
building, nor car it be considered as re-
pairs. Improvement or alterations to the
building.
"The only authority to purchase furni-
ture for the court is found in the appro-
pirate appropriation therefor. purchase
beyond this authority is void and would not
even support a legal claim against the
government.
The Department of Justice.
The controller approved, with modifca-
tions the decision of the auditor relating
to furniture for the Department of Justice
Mr.. Tracewell says:
Il am of opinion that the act in question
does not authorize him (the Attorney Cen
crab to buy new furniture for current use
OF. repair same for current use, while either
occupying the old building or the rented
buildings, nor in my judgment is the pur-
chase of new furniture or the repair of
old furniture a necessary incident to or
part of the removal of the department from
one building to another.
IF in such removal furniture is broken
or damaged, the ordinary appropriation for
furniture and repairs made for the depart
ment is exclusive.
If this furniture as a matter of fact was
bought or repaired for future use in the
new building of the department. 1 think
the appropriation of one million dollars
therein can be used to pay for the same
If not, then it cannot be so used This is
a question of fact for you to ascertain in
the settlement Of these accounts
with the above notifications which are
dependent upon the ascertainment of facts
not disclosed in your decision, the same is
approved
POSTAL PROPERTY