Evening star., 1901-10-31
TO ExTERMlNATE A PEST
AGRICULTURAL DEPARTMENT VILE
ATTACK COTToN-BALL wEEyIL.
Plan Disclosed I'm n Communication to
the ControlIer-How Appropria-
tion May BE Used.

In order to carry out the plans of experts
in the Department of Agriculture for the
determination OF the cotton-ball weevil the
| controller of the treasury has been appeal
ed to for an Interpretation Of the clause
governing an appropriation for this pur-
pose. The application for the decision. to-
gether with that document, show the plans
proposed. The former reads:
In the act of March .. 1901. making ap-
preparations for the Department of Agri-
culture for the fiscal year ending June 30,
1901, under the title, 'Entomological Inves-
LEGATIONS the sum of $500 is set apart
for an investigation of the ravages of the
cotton-ball weevil. with a view OF ascer-
tanning the best method of it's extermina-
tion.'
THE entomologist of this department ad-
vlses me that, in carrying into effect this
provision of the law. he deems IL neces-
sary TO conduct, during the next season, a,
somewhat extensive experiment by means
OF cultural methods against the Mexican
weevil in Texas. In making this proposed
experiment ne wishes to have control OF a
large cotton plantation, say about 600
acres. If the department should attempt
TO conduct so extensive an experiment on
Its own account, paying rent for the neces-
sary land and hiring a large force of la
borers to work the crop, the operation
would certainly prove altogether too cost
ly to be undertaken with the available ap-
preparation. That method must, therefore,
be promptly abandoned.
Contracts Proposed.
The only alternative which he suggests
is. in substance, follows:
He proposes that the department enter
into a contract, or agreement. with some
responsible planter interested in the pro-
lection of cotton from the ravages of the
weevil who is willing to bind himself TO
prepare the land, to plant ii in cotton. to
cultivate the growing crop and to har-
vest and market the produce thereof strict
ly in accordance with directions to be given
him by the entomologist. The planter
would be required to bear all expenses and
would be allowed to retain for his own use
and benefit the entire product of the expert
ment. If the yield of cotton when proper
ly prepared for market shall equal, ex-
ceed, a fair normal crop from his land 0o
be determined beforehand by mutual agree
ment-say three-fourths of a bale to the
acre. the department would be released
from all obligation in the premises. II,
however, the yield should be less than the
normal. then the department must pay to
the planter, from the appropriation re-
ferred to, the difference between the value
of normal crop and of the actual yield.
Before taking any steps toward consun-
mating deal on the lines suggested by the
entomologist l desire your advice as to the
legality of the same"
Controllers Decision.
The controller says:
I'm order to carry out the object Of the
appropriation you are authorized to incur
any reasonable and necessary expense
within the limit of the appropriation and
not otherwise forbidden by law. Section
36IS of the Revised Statutes provides that
in all cases of contracts for the perform
ance of any service or the delivery of ar
ticles of any description. for the use Of
the United States payment shall not eN-
ceed the value of the service rendered or
of the articles delivered previously to such
payment The plan you suggest involves
the performance of service by the con-
tractor, ie., the cultivation, harvesting
and marketing of his cotton strictly in ac-
cor0ance with the directions of the De-
partment of Agriculture, and this service,
or rather the practical knowledge gaIn-i j
by the department, represents the cohsid-
Grafton given by the contractor. His con-
sderation in the matter is the guarantee
of the department against loss should thc
yield be less than normal. III you do not
deem such guarantee in excess of the NalGe
of the services rendered, section 36iS would
not apepar to forbid the contract.
I'm making the contract which you sug-
gest one point however. must be strictly
guarded. Section 3619 of the Revised Stat
utes forbids the involving of the govern
ment in any contract for the payment of
money in excess Of the appropriation, and
hence no guarantee against loss which
would bind the government to pay any
sum in excess of the appropriation, after
deducting all other expenses properly pay
able therefrom, could be lawfully made.
IF you shall deem that the object of
the appropriation can best be carried out
by the plan you suggest, and will make a
contract which will guard the United
States against any claim in excess of tbe
available appropriation, ] know Of no legal
objection to the use of the appropriation
in the manner you suggest"