The Washington times., 1901-08-08
NO MONEY FOR PAGO PAGO.
Proposed Extension of the Coalir z
Station Delayed.
The Comptroller of the Treasury
Decides That There Is No Appro-
priatIon with Which tn. Navy De-
partmeut Can Buy Additional Land

| The Comptroller of the TrpRsury
Decides That There Is No Appro-
priatIon With Which the Navy De-
pnrtment Can Buy Additional Land
The Comptroller of the Treasury, Rob
| ert J. TraceweH has forwarded to the
| Secretary of the Navy decision relative
To the purchase by the Navy Department
| of certain grounds for the extension of
the naval coalins station in Pago Pago
Harbor TutuiIa, Samoa. The Comptroller
held that there is no appropriation with
which the Navy Department can buy the
nece ssary ground.
The decision was made at the request
of the Secretary of the Navy, who men
toned particularly. in connection with the
/ matter the appropriation contained in
| the Naval Appropria ton act of March 3,
/ 1901. under the head of public works,
| Bureau of Yards and Docks, for S225, 900.
for the naval station at Tutuila. coal
| storage extension. An additional appro-
! priation of S250.eO9 WAS also made under
| this act to provide for unforeseen con-
tingencies.
| The Comptroller held that neither of the
above appropriations is available for the
| purchase of the land in question. The
decision is in part as follows:
Il quote from the statement of the
| Chief of the Bureau of Yards and Docks:
=. The extension of the coaling plant,
under the appropriation above naped, re-
| quires the purchase of additional land.
The bureau is informed by the com
mandant 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
of the service at this point and that the
prices named are very reasonable.
" The bureau is informed by the COM
mandant that the steps already taken in
the way of agreements or options. con-
demnation, etc, were under the depart
ments authority to purchase. No funds
have yet been provided. as the bureau is
informed, and II seems necessary that the
purchase shall be made from the emer-
gency fund or from the appropriation for
the extension of the coal storage plant.
The latter appropriation will be suffi-
eient to cover the purchase and make the
extensions of the coal storage plant de-
sired. Should the department consider
this latter appropriation available. 1t is
requested that the requisite authority to
complete the purchase from IL be given
The two appropriations referred to are
found In the act of March ), 1901. and are
in the following terms:
n,
plant. extensions. s20o,G0O; grading, $500;
in all. naval station, Tutuila. 225, 900.
To meet Unforeseen contingencies of
the navy constantly arising. to be expend-
oS CO. IN 'he o's'F'''oh 0i the PRESIDENT '-'0'
The question raised by you is appar-
emily as to the availability OF one OF these
appropriations rather than the other, with
particular reference to the former, but
the first question which presents itself to
my mind Is whether either of these appro-
priations is available for the purchase OF
land.
Section 1896 of the Revised Statutes Is
as follows:
NO land shall be purchased on account
Of the United States except under a law
authorizing such purchase
Il can find no authority of law. either |
express or implied. in, either OF the fore |
going appropriations for the purchase of |
land 1t is true that when an appropriation |
is made for a specific object it by impiica- |
ton confers authorityito do such acts and !
incur such expenses as are necessary to |
Its execution, or appropriate or incidental
thereto, but this rlfiei cannot be invoked |
in the face of an express prohibition of |
law, especially If the appropriation can be |
without disreg3rding the prohibition con- |
tGfned in some other statute. Repeats by |
implication are not favored, and there Is |
certainly nothing In the language of eth |
er Of the appropriations which forces, or J
even suggests the idea that any repeal /
Of section 1896 of the Revised Statutes |
q
Attorney Geenral Speed in the opinion |
above cited:
There never was a time in the his
tory OF this Government when the pur-
chase Of land on account of the United
States without authority of law was
legal act on the part Of the Executive. |
What effect then can the act Of $50 have
as substantive expression Of the will of /
Congress, unless that Of prohibiting the |
purchase Of real estate on account of the
United States under merely implied au-
thOrity? / can conceive Of none.
Aside from the specific prohibition of
section 3726. ] am Of the opinion that sec
tion 367S of the Revised Statutes forbids =
the use OF the appropriation for the naval
land That section provides:
All sums appropriated for the various |
branches OF expenditure in the public
service shall be applied solely to the OBJ
jects for which they are respectively
made. and for no others
When Congress has made an appro-
plant extensions and grading and
when these words can be given definite !
meaning which will fully accomplish the
object of the appropriation without i'm
plying the repeal Of d prohibitiVe statute,
am forced to conclude that the expendi-
rure not within the terms of the appro-
priation. especially if elsewhere forbidden
by law. is not within the object for which
that appropriation was made.
The words coal storage plant as used
in this act. like the words construction
plant machinery plant. and equipment
plant in this and other naval agpropria-
tion acts, have reasonably precise and
definite meaning; SO also the word 'eX-
tensions has a definite meaning through
out all these statutes 1t is not neces-
sary to refer to each particular act; every
naval appropriation act for many years
past VIII serve to illustrate my meaning
burthe ermore. these sam acts viii show
that when Congress, in providing for ma
val stations and for these various plants, |
intended that III" appropriations should
be used for the purchase of land, IL found
appropriate words with which to author
Ze such purchase.
Il must therefore hold that neither OF
the appropriations named by you, or any
other Of which | am aware. is availa BILE
for the purchase Of the land In question" |