Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-21
DUTY OF THE GOVERNMENT
OPINION OF OBLIGATION TO GIVE
NOTICE OF LEAVING.
View of Controller Traceweu Re-
garding Premises Vacated by
the War Department..

Mr. Tracewell, the controller Of the treas
ury, has rendered an opinion as to the OBJ
legation Of the government to give thirty
days notice before vacating premises rent
ed by 1t. The decision, which will be OF
general interest. is rendered to the Secre-
tary of War, who asked whether to pay
Frank G. Carpenter one months rent for
the premises at COL 18th street northwest.
occupied by the United States as an office
for the District engineer in charge of the
Potomac river improvement. The controller
says:
cit appears that on September -. 1900
notice was given by Colonel Allen. the Dis
trict engineer officer, Of his intention to va
cate the premises on September 80, upon
which date the premises were vacated and
payment Of rent made up to that time.
ut further appears that a lease Of these
premises was executed October %. 1890, for
the priod of eleven months, beginning No
vember 1, 1890, to be then fully ended and
terminated without other notice than the
execution of these presents and that since
the expiration Of the lease and up to Sep
TENDER 80, 1900, the government continued
in the occupation of the premises, paying
for the same at or about the close Of each
month at the rate Of $65 per month.
After referring to the provisions OF the
Revised Statutes Of the District and the
decision in the case Of Semmes ct al. agt.
United States, the controller says:
"Since the above decision was rendered,
however, 1t has been held by the supreme
court of Texas. in the case of the city OF
San Antonio vs. French ESQ Tex. 800 that
the general rule above stated. that
tenant who holds over after the
end Of the term under which he
entered with the consent of his landlord Is
deemed to be in possession upon the terms
Of his prior lease. upon the ground that
the n rites presumed TO have tdCitlV re-
newed the former agreement, thus Great
Ing tenancy at will or from year to year,
which may only be terminated by proper
notice. only applies where the tenant IS a
natural person. but does not apply where
the tenant Is municipal corporation: that
in order to bind municipal corporation In
the manner n which natural per-
son would be bound an express con-
tract must have been executed. and
that contract cannot be implied for re-
newal of the lease merely by reason of the
officer having held possession after the ter
minatton of the lease, the municipal cor
poration in such case being liable only for
payment for the rooms for the time they
were actually used and occupied by the Of
f1cers.
"a similar decision was rendered by the
supreme court of the state of California
in the case Of the Gas Company agt San
Francisco 60 Cal. 45S).
by section 3744. Revised Statutes, all
| contracts entered into by authority of the
Secretary of War must be reduced to writ
ing and executed with the formalitles pre-
scribed in said section. The authority Of
the War Department to bind the govern
ment to make future payments is limited
by this section. and parties dealing with
1t must take notice of such limitations.
"In view of the decisions Of the state
courts above cited, and Of section 3744,
supra. 1 feel constrained to hold that In
this case the government Is only liable for
the reasonable value of the rooms for the
time it actually used and occupied them.
to wit: until September 30, 1900, and. in the
,,,'er, e u ~ o'n ,a CO ,ea' taLa tha
measure of value
You are therefore authorized to pay for
the building until the date Of vacation.
September 30, 1907