The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-07
THE SAMOAN NAVAL STATION.
No Appropriation Ia Buy Additional
Land ut Page Page.

OF tine Navy decision relative Co th. pur-
chase 10y the Navy Department of the
land desired for the extension Of the ma
val C0aliug station in Page Page HaTbor,
YutuiIa
The Navy Department requested the
opinion of the Comptroller as 10 the ap-
preparation from which such purchases
could he made. mentioning particularly
the appropriation contained in the Naval
Appropriation act Of March g. 1901 under
the head of public works. Bureau of
Yards and Docks, entitled Naval station,
TUtuila- coal storage plant. extensions.
$1,000 An additional appropriation of
$4,000 was also made under this act 20
meet Unforeseen cuntinEeucies arising I'm
the navy.
The Comptroller held that neither OF
the above appropriations. nor any other.
is available for the purchase of tins land
in question. The decision Of the Comp
troIler is in part as follows:
Fl quote from the statement of the
Chief o. the Bureau Of Yards and Docks
The extension of the cOallng plant.
under the appropriation above naueG. re
Quires Ehe purchase of additional land
Tho bureau is informed 10y the COM
mandart that all of the tracts or lots can
be purchased at the prices indicated at
the present time. The bureau believes
that the purchase OF the land IN question
Is exceedingly desirable in the interests
or the service NJ this point, and that the
prices named are very reasonable.
The bureau is informed by the com
mandaut that the steps already taken in
the wa. of agreements or options. con-
damUatrou. etc. were under the depart
ments authority 20 purchase. No funds
have Vet been provided, as the bureau Is
informed. and il seems necessary That the
purchase shall Zoe made from the Cm"r-
EeLcy fund or from; the appropriation for
the extension Of the coal storage plant
he latter appropriation VIII DE SUN
CIcnt 10 cover the purchase and make The
extensions of the coal storage plant de-
sired. Should the department consider
this latter appropriation available, II Is
requested that the requisite authority 70
complete the purchase from IL he given.
The two appropriations referred 20 are
found in the act of March g. 1917, and are
In the following terms
Naval station. Tutuila-COal storage
plant, extensions. S2utD,". grading. S25t"f.
in all, TuVai station, TUtuila. N15.oh
90 To meet unforeseen CONTINGENCIES of
the navy constantly arising 20 bo eN1e0d-
al i'm the discretion OF the President. s-Jp,-
The question raised 10y you is apuar-
entity as To the availability OF one OF these
9pprop rIatioDs rather than the other. with
particular reference TO the former. but
the frrSt question which presents itself 10
pTIaupns Is available for the purcE $50 OF
land
section c7aG Of the Revised Statutes is
as follows
No and shall De purchased ON account
of the United States except under a ilW
authorizing such purchase
Il can find no authority Of Jaw. either
express uT implied. in either of the fore
land II is true that when an appropriation
j. made for a specific object IL by impllca-
ton y"ui'rS authority o. 90 such acts ana
incur @licn expenses as age necessary 90
IT'S execution, OF appropriate oE Incidental
thereto, uUt this rule cannot De- invoked
IN the face OF an express prohibition ot
law. especially if the approximation can be-
given usual and reasonable meaning
Without diSreC riding the prohibition con-
tanned o. S'Te other statute Repeats by
implication are not favored. and there Is
'r OF thc- appropriations which forces, or
cE,a SdAgt SITS. the idea that any repeal
~ section 1896 # the Revised Statutes
was intended. To quote the language OF
Attorney tieeural Speed in the opinion
lhove c.ted-
There never WAS a time i'm the his
tory Cf this Government when the pur-
chase o. land ON account of the United
states without authority of law was
= sal act ON the part o. the Executive.
What eject then can The act Of ls-J have
Congress. unless that OF prohibiting the
purchose ar real estate on account Of the
rltcd States under merely implied au-
thOlityr I can conceive OF none
Aside from the specific prohibition OF
section 1886. { am Of the opinion that sec
iivn afss of the Revised Statutes forblds
The use Of the appropriation for the naval
station IT Tutuila fur the purchase Of
land That section provides
All sums appropriated for The various
branches OF expenditure in the public
service shall De applied solely to the OBJ
jects for which they are respectively
made. and tor EB others
when Congress has made an apuro-
DTiatlDu IN LI-n1S for a 'csaI-s-srf zye
UtanE extensions, and grad as apd
when those words can be given definite
meaning which Will fully accomplish the
plying the repeal of a pTOhibitive statute.
! avn forced 90 conclude that the exDeudi-
tuTe not within the terms OF tho auprO-
priatiOn, especially IL elsewhere forbidden
ty law. is not within the object for which
That appropriation was made
The words coal storage plant as used
ia this act. like the words construction
plant d. this and other naval aUYrUurfa-
tion acts have "a reasonably precise and
definite meaning; $50 also the word -cv-
tensions has a definite meaning through
out all those statutes. II is not uaCas-
sdry 10 refer 90 each particular act. every
naval appropriation act for many years
past VIII serve L. illustrate my meaning.
. Furths rm"re. those same acts viii show
ti'2f when tDngTa IS. lu providing for ma
val stations and Tor these various plants
intended that n" appropriations should
be used for the purchase OF land IN found
appropriate words with which 20 author
iZc such purchase.
II must Therefore hold that neither Of
the appropriations named By you. OF any
Gtnc~ Of which ! am aware. ie available
for TIE purchase Of the land I'm question"