Evening star., 1901-02-02
ovERRULEs THE AUDITOR
CONTROLLER TRACEwELL'S DECI-
SION INVOLVING DISTRICT MILITIA.
Payment for Certain Ammunition
Furnished Cannot Be Legally
naa<.

Controller Tracewefl of the treasury has
overruled the auditor for the State and
and other departments In decision involv-
ing the District National Guard
The question submitted to the controller
was that of allowing creditto c. c. Rogers,
disbursfng officer of the District, for an
amount paid by him to the American Ord
nance Company for ammunition furnished
the National Guard for rifle practice and
ma atches.
Auditor Timme quotes section 81 of the
act of March 1, 1889, providing for the
ganization of the local militia, refers to
decision of Attorney General Olney and
then says:
1, 1889, referred to, nothing seems to be
clearer than that Congress intended that
the District National Guard should draw
upon the Secretary of War for all such
it's maintenance in the line for which 1t
was organized. If this were not so then
what can be the purport OF section 81 of
the said act?
I'm a decision dated November 10. 1898,
on the question of clothing for the Naval
Battalion, which by the act of May II,
1898, is made part of the National Guard
of the District, you quote TINS same sec
ton 81 Of the act of March /, 1889, as re-
quiring the Secretary of War to furnish the
said Naval Battalion with the clothing
necessary for their use. Ihe term ord
nance stores, of which ammunition Is un-
questionably the principal part, is as spe-
officially mentioned in this section as cloth
ing and the requirement of the Secretary
of War to furnish one is therefore no
stronger than the requirement to furnish
the other.
1.-THE logic, at least, of my contention
that a reouistion should be made upon
the Secretary Of War for this ammunition
in question Is still further borne out by
~ Tlorr 1~rse InotS tStnr
1897 in the matter of subsistence for the
District National Guard during their an
nual encampment g Comp, Dec, t52)
While in that case section 81 Of the act Ct
March l. 1880, supra, specifically provided
for subsistence during the annual sencamp-
ment the principle seems to be no differ
ent, nor the language any stronger than
the provision in section 81 for their being
supplied in the same manner with ord
nance stores, necessary for the proper
training and instructions of the force.
IT have accordingly decided that the
amount appropriated annually for rifle
practice and matches for the National
Guard Of the District is intended to pro-
vide for the payment of the expenses Incl
dent thereto other than the stores required
to be issued by the Secretary OF war, and
Ordnance Company for ammunition is net
therefore a proper charge against the said
appropriation"
Rife Matches Not Training.
Controller 'Iracewell disagrees with Audi
tor Timme in the following language:
IT am unable to agree. with the decision
of the auditor. While it Is true that section
81 of the act organizing the militia of xthe
District Of Columbia specifically provides
that ordnance, ordnance stores, etc, shall
be supplied to the militia for the proper
training and instruction of the force. and
shall be issued from the stores and supplies
appropriated for the use of the army. yet
it Is equally true that rifle matches are not
a part of the training and instruction OF
the District militia, for which ordnance
stores will be issued by the, Secretary Of
War It is also true that for rifle practice
the amount of ammunition is limited, and
is provided for in article A Of the army
regulations Of 1906.
Congress evidently recognized these
facts In making this Independent appro-
pria .ion and in making a similar one each
year, to provide for the expenses of rief
practice and matches Of the National Guard
of the District of Columbia. These expen-
ses are limited only by the amount of the
appropriations made. The appropriation
for this purpose is supplemental to the au-
thority for the issue of ordnance and ord
nance stores provided for in the organic
act. Any other construction would prac-
tically nullify the act appropriatipg $1,000
for rifles practice and matches"