Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-02-23
Opinion Of Comptroller on the Public
Building Observation-Disclosures Of
Custom House and Other Build
ir1gs Used by Federal Officers Was
\, by PurCt1ase--Propert Belongs
to the Federal Department..

Secretary OF the Treasury bearing on
the payment Of rent to the Territory OF
Hawaii for public buildings used by the
Federal departments in Hawaii. The
point was raised on the status Of the |
quarantine station and other buildings |
taken over by the Marine Hospital Ser /
vice. The opinion of the comptroller
goes further and deals with the Custom
House and Post Office. 1t will be noted
that the comptroller holds that the
4 Customs House is unquestionably the
kproperty of the. United States 1t having
been taken possession of by customs
Authorities undSx the tacit consent Of >
tthe President 'Ahd, Governor of the Ter.
ritofy:t :, 80 r,,s-. i.. ,
offce of'Comptrofer Of the Treasury.
Treasury Department.
'''e' Washington. October I. 1900.
The Honorable Thee Secretary Of the
Treasury. .H w. ar.trn
Sir:-In your communication Of the
18th ultimo you request my decision of
certain question which you PROFOUND,
as follows: -
This Department is in receipt Of the
enclosed communication from the SUI
pervising Surgeon General. NJ. II. s.,
in which he requests to be advised
whether the appropriation For Re-
pairs and Preservation of Public Build
ings" (31 Stat. 59l) is available for re-
pairs to the buildings of the quarantine
station at Honolulu, Hawaii. which he
states were transferred to the Marine
Hospital Service by section 81 Of the
act entitled "An Act to provide a gov
eminent for the Territory Of Hawaii"'
l31 Stat. 1907? This communication Is
respectfully submitted to you with re-
y quest for an expressions of your opinion
on the question presented.
In connection with the foregoing you
are 'advised that upon thfi annexation
of che Territory Of Hawaii. certain
public buildings which had heretofore
been owned and used by the Republic
OF Hawaii for customs and post Office
purposes, were continued to be used for
like purposes by the United States,
without, so far as this department Is
, aware. having been taken for the use
and, purposes of the United States by
direction OF the President or Of the
Governor OF Hawaii" in accordance
I with the provisions Of section 81 OF the
act Of Congress, approved April 30,
: 1900. entitled IAN act to provide u
I government for the Territory Of Ha-
waii.''
"The Collector of Customs at Homo
J lulu has quite recently advised the De-
partment that II is the purpose Of the
. Territory Of Hawaii to charge the
J United States rent for the use of said
buildings. and he recommends that said
buildings be formally taken for the
uses and purposes of the United State.
under the provisions of section 81 Of
said act named"
This Department has this matter
under consideration, and before taxi
ing any action in the premises It Is de-
sired that you favor the Department
with an expression of your opinion
upon the following questions:
; a. II the public buildings referred
TO are taken by direction of the Presi'
dent or of the Governor of Hawaii Tor
the uses and purposes of the United
States, In accordance with the provi-
sions Of sectibn'gt Of said act, will The
annual appropriations, made by Cch-
- gress for the furnishin E, care. mainten
an1e and repairs .qf public ,bbnilalBgs,
be available in connection therewith?l q
"This question "a Suggested because
each OF the appropriations referred to-
, viz: Furniture and repairs of furni-
! ture' Pay of assistant custodians and
/ janitors,' fuel, lights and water for
public buildings t3f Stat 609), For re.
- pairs and preservation Of public build.
ings lid: 59D. Heating apparatus for
public buildings and Vaults, safes and
locks for public buildings lid. 1927
: contain language limiting the expendi-
lures hereunder to public buildings
under the control of the Treasury De-
partment,' which term public buildings
under the control OF the Treasury De-
partment,' appears to be controlled by
the provisions OF an act entitled An
act making appropriations for the fiscal
B year ending June 30. 1899, and for other
purposes approved July /, 1898 (3C
4 Stat. 619), as follows: .-.
THAT all court-houses, custom
houses, post-oflices, appraisers stores
barge Offices. sub-treasurHs, sand other
!, public buildings outside OF the Dis
>, tfict OF Columbia and outside OF mill
tary reservations which have beer
heretofore purchased or erected, or are
, at present in course of construction, OF
which may hereafter be erected Of
purchased out of any appropriation
under the control OF the Treasury De
partment. together with the site o.
sites thereof. are hereby declared to b.
200 under the exclusive jurisdiction AM
'oS control and in the custody of the Sec
rotary of the Treasury, who shall have
full power to take possession OF ant
N assign and reassign rooms therein L
u, such Federal officials, clerks, and ON
ployes as In his judgment and discre
}" ton should be furnished with offices o.
=