Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-22
PART OF PUBLIC SERVICE
Controller Tracewell's Decision REGARDING
the District.
reasoning I'm an Interesting Opinion
bursting Officer DRrneiIIe.

Controller TraceweIl. In a long decision
upon revision of the account of II. III.
Darneille, former disbursing officer of the
District, gives his definition of the rela-
tions of the District government to the gov
ernmant of the United States
Controller Tracewell proceeds to revise
upon his own motion and to disallow an
account allowed by the auditor for the
State and other departments for the pur-
cnase OF law books for the police judges of
the District. The account was paid under
the appropriation Contingent and Miscel-
laneous Expenses, D. c.. 1S99'' Mr. Trace
wells reason for disallowing the expendi-
ture Is that the appropriation did not spe-
cihcally provide for law books and their
purchase, therefore. seemed to be prohibited
by section of the act of March 10 1898"
In reply to the communication from the
ONCE of the controller the auditor for the
District contended that the act of March
lo' 1873, did not apply for the reason that
the District of Columbia is a municipal
corporation and not Il government eatab
hshment within the meaning of said act
ana cites in support Of this position the
following authorities: Donovan vs. the
United States, Barnes VS.. the District of
Columbia, District of Columbia vs. Wood
pufy, metropolitan Railroad Company VS.
the District of Columbia
The controller says that these decisions
90 decide that the District of Columbia is a
municipal corporation. but there is nothing
IN either of the cases cited that REQUIRED
the court to decide whether the District of
Soitinpia was or was not a governmental
establishment in the broad sense in which
the term is used. The controller then re-
views each case and goes on to say:
Part of the Public Embellishments
The District cannot control and disburse
ITS own revenues, but must dispose of and
use, and account for, its revenues under
appropriations and laws made by Congress
in the same manner as any other govern
ment establishment.
II the District is a mere municipal cor
poration, as contended for by the District
auditor, and not n government establish
ment, branch of the public service in
the broade~ sense of agency and therefore
not subject to The law regulating govern
ment establishments, it is hard to se. bv
what authority Congress appropriates the
public revenues to support it Th,. SIIprene
Court has frequently decided that all tax
ton must be for public purposes
II the District is mere municipali;y
acting independently of its character as an
agency of the government in the cX;pcndi-
tufe CT appropriations made for its SUPPORT
ana not as a governmental tab!ishrrenr
why should Congress support it. at lea 81
N part, from the public purse any mere
tEan the municipalities of New York ana
chicago and other cities whore there are
extensive government establishments
The Seat of Governments.
The answer is ofvious-the District of CO.
lumbla Is the seat of government of a
great nation, where its Congress must
meet, where its chief executive resides and
It's departmental, executive and legislative
buildings are located for the transaction
OF its public business, and the trainers of
the Constitution very wisely provided tf1ai
Congress should exercise exclusive lesis,a
i've control over this territory in order
that there might be no conflict OF jurisdic-
uon In Its limits, and to enable Congress- TO
set up such government therein as IL
deemed best adapted to the purposes for
Whlch the District was set apart. What
ever form OF government, therefore. that
congress establishes and by whatever
means 1t Is supported it is Il government
establishment and may be supported in
by Congress. q
1T is a branch of the public service al
though differing in many essential feat,rras
from other branches Of the public service
at the seat of government. In view of
these considerations the District of Column
bla seems to me to be clearly within the
broad and comprehensive language of sec
tlom ) OF the act of March ), 1S9S''
The controller says that under The Ra
vised Statutes of the District all laws or
the United States not locally inannlicaf,Ia
are IN force here and apply to and govern
the District as if specifically made annIica-
BILE. "Pfi-e''