Evening star., 1901-10-08
MUST WINK AT VIOLATIONS
OFFICIALS PUT IN AN EMBARRAss-
ING POSITION.
Controller TraceyeIrs Recpmmenda-
tions-IDjustice Done to Claim
ants-Work of the Ofice.

Controller Tracewell of the treasury con-
ciudes his annual report with two import
ant recommendations of existing laws. He
says:
Il submit for your consideration and the
consideration of Congress the following rec
concentrations for change modification
OF existing law: 1t is provided by section
364S, Revised Statutes, that
No advance of public money shall be
made in any case whatever. And in all
cases of contracts for the performance Of
any service, or the delivery of articles of
any description, for the of the United
states, payment shall not exceed the value
OF the service rendered or of the articles
delivered previously to such payment.
The accounting officers of the govern
ment for more than half a century have ex-
perfenced difficulty in administering this
provision of law. The business interests of
the government have grown with the busi-
ness of the country, and we are confronted
now with the fact that the business inter
eStS OF the country, in certain instances,
absolutely refuse to render service for or
furnish certain articles to the government
on credit basis. The government in the
transaction Of it's business, among other
things, is in constant need of express SER
vice, and of light and water for it's various
scattered public buildings; also of telephone
service, and daily, weekly and monthly pub
locations. l have only mentioned the most
important items which those furnishin q
them refuse to furnish to the government
on different basis from that on which
they furnish them to their individual pa
irons, viz, payment in advance of things
furnished or services rendered Such pay
ment in advance is prohibited by this law
The government must either do without
these absolute necessities or the accounting
off,cers are compelled to wink at viola
ton of law. l have been constantly
n
OF this office. In my judgment, discretion
should be vested in the several heads IF
departments, Independent officers, and such
others as have occasion to make purchases
or secure services for the government to
waive the provisions of this statute rela-
tive to payment in advance for such artf.
cles or services. The government sh6tild
accommodate itself and it's laws to the busi-
Eess laws and usages of trade, when it en-
ters the field of trade just as an individual
or corporation should.
Il also invite attention to the following
provision of the act of July 81, 1894, reor-
ganizing the accounting offices of the Treas
ury Department.:
Any person accepting payment under
settlement by an auditor shall be thereby
precluded from obtaining revision of such
settlement as to any items upon which paw
ment is accepted
THE enforcement of this provision (and
1t is enforce6 in my judgment is work.
ing unnecessary hardships upon honest and
deserving claimants against the govern
ment.
ITO illustrate: A claimant has a claim
against the government consisting of one
Or more items An auditor makes a partial
allowance of small amount of an item.
The item so partially allowed may be for
a large amount. The other items of his
claim are allowed in full warrant is
issued for the gross amount of the allow
ance The claimant cashes such warrant
and then seeks to have the partially dis
allowed item of his account revised by the
controller. His application under such
circumstances is necessarily dismissed.
1t is true that every one is supposed TO
know the law, but such presumption is at
best only a legal fiction and in point Of
fact Is not true. Few, if any, know the
law Bitter complaint is constantly being
made to this office because of the enforce
ment of this provision.
IF the law is to Standard am of opin-
ion that where a claimant knowingly ac-
cepts the benefits of a settlement by an
auditor. he should be required to accept it
as whole, at least in far as binding
him by his acceptance of an item on sucn
item-I think the hardships complained of
can be readily removed by congressional
and departmental action, requiring the di-
vision of bookkeeping and warrants TO
make out a warrant for the sum of ali
items allowed as claimed, and transmit
herewith notice of the amount partially
allowed on the items not allowed in full,
with a statement that an additional war
rant would be issued for such partial al
loWance II the same were accepted by
claimant. Under such circumstances claim
ants could have no just ground of COM
plant if they accepted such partial allow
ance.
With the growth of the country, and the
large annual increase of departmental bust
ness, it should be the aim of all laws af-
fecting the settlement of claims against
the government to provide for a thorough
departmental investigation of the merits of
all legal claims against the government,
primarily settled through their agency, in
order to secure justice both to the govern
ment and the claimant, and that such set
tlement, when made, should be considered
as final in the accounting Offices"
The report shows that for the fiscal year
ended June 30, 1901, 217s opinions were rem
dered by his office, 1,313 being on appeals
from the various auditors. This shows
large increase in the work of the Office
over the former fiscal year.