Evening star., 1901-06-08
THE EXPENSES OF SUING
AUTHORITY OF BOARD Of chill
DREN's GUARDIANS.
Right to Use Funds to Recover ON
Contract Indentures Determined
by the Controller.

Controller Tracewel1 has rendered a de-
cision that the board of children's guar
dians has authority to advance from its
funds the sums necessary to pay the ex-
penses of bringing suits against persons
who have failed or refused to pay the
sums due from them under contract in
dentures
The facts upon which the decision was
rendered are set forth in the following let
ter from B. Pickman Mann, secretary of
the board of children's guardians:
The Question In Doubt.
THE board of children's guardians is ac-
customed to place many of its wards in
Homes under indenture contract. Among
the clauses of the contract is the following
provision, viz: That the said party of the
second part (viz., the party taking the child
or indenture), at the expiration of the
term of this indenture will provide the
child with two good suits of clothes. and
will pay to the agent of the party of the
first part wiz, the board Of children S
guardans), to be Immediately paid by him
to the child, or to- be deposited to its
credit with the disbursing officer Of the
board of children's guardians, the sum of
Casually $50, and pro rata of that amount
for the time the child remains in his fam
lily. if not for the full term of this in
denture'
1T has come within the experience Of
the board of children's guardians that after
child has remained for a partial or full
term in a family under indenture contract,
as above, the party to whom the child was
indentured has failed, after all practicable
means Of persuasion have been employed
to collect the sum Of money due the child,
to make payment as required by the con-
tract. 1t has seemed to the board under
such circumstances to be advisable to sue
the owing party in a civil court for the re-
covery Of the money due the ward of the
board. Such suit cannot be made how
ever, so far as the board Is informed, with
out the outlay of certain fees for expenses,
and it is doubtful whether any appropria-
ton that has been made to the board by
Congress Is available for use for the pur-
poses Of such suit.
L have been instructed by the board to
address an inquiry to you as to whether it
Is proper for the board to advance from
bring suit as stated above, and to pay from
any of it's funds the costs of such suit II
reimbursement be not made
The Controllers Decision.
The controllers decision is as follows:
Under the act Of July %, 1892, supra,
the board has full power to enter into con-
tracts and If 1t becomes necessary In ex-
ecuting such contracts to incur expenses
In enforcing such contracts, such expenses
would be as much a part Of the expenses
of placing children as those Of making the
original contracts. The power to make
the contracts implies the power to enforce
them, and the expense of enforcing them is
payable from the same appropriation that
the expense of making them is. unless there
is another appropriation that makes more
specific provision for that purpose. Where
the law authorizes and directs the doing
of a particular thing and an appropriation
is made in general terms to meet the ex-
penses thereof, such appropriation is
chargeable with all the necessary expenses
inridenta thereto.
Il know of no specific appropriation that
Is available to pay the expenses incurred in
enforcing the contract indentures entered
into placing children committed to the
board of childrens guardians and In the
absence thereof or of any law prohibiting
its use for that purpose the general ap-
preparation for administrative expenses, in
Guiding expenses of placing children, is
available to pay such expenses.
Il have therefore to advise you that ex-
penses incurred for the purposes set forth
in your letter may be paid from the appro-
priation board Of chidrens guardians