Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-10
MONEY FOR CANAL
Important Question Raised
by Senator Harris.
Is IT CONTINUING ?
RULE REGARDING LAPSE OF AP-
PRoPRIATIoNs.
Attorney General Refuses to Express
an opinion-Controller Trace
wells Statement.

Senator Harris Of Kansas, member OF
the Senate committee on interoceanic
canals, expressed his opinion today in dis
cussing the canal situation with Star re-
porter that if President Roosevelt does not
expend any Of the $40. 100000 appropriated
at the last session of Congress fort pur-
chase Of the property Of the Panama Canal
Company before March next, the Date OF
the expiration Of the Fffty-seventh Con-
gress, the entire appropriation will lapse,
new law will have to be enacted. and new
appropriation made If the negotiations are
to be carried on after that time.
Mr.. Harris declared that 1t was we'll
known fact that all appropriations made by
Congress, if not used in part or in FULL
lapsed with the expiration OF that Congress
In discussing the likelihood Of a payment
of some portion Of the $40,O0O.0OO before the
4th of next March, the senator called atten-
ton to the fact that before the property
could be acquired a treaty would have to be
ratified by the Senate of the United States
and by the legislative body of the Colom-
bian government. The Colombian govern
ment has had no legislative body for three
years and Is now in a state of revolution
1t would seem, therefore, almost an i'm.
possibility for the President to have a
treaty negotiated and ratified by the two
governments in the short time now remain
ing before the expiration Of the present
Congress.
While not desiring to be placed in posi-
tive position on the subject, the senator
expressed the belief that to use any of the
forty million for the purpose of ascertain
ing the validity of the title. for instance,
such as paying the expenses of the After
ney General to Paris, would not validate
the appropriation, which he believes can be
drawn on only in accordance with the
terms of the act making the appropriation
for the purchase of the property and be-
ginning the construction of the canal.
The Rule Stated.
Whether or not the administration will
take the same view Of the availability of
this appropriation after the expiration of
the present Congress is a question which
officials decline to answer in a positiyd
way. Attorney General Knox considers 1t
a question which 1t would not be proper
for him to answer Controller TraceweH
of the treasury replied, when asked re-
garding the same point:
Il can give you the rule, but cannot
apply 1t, for the reason that 1t is a matter
upon which l may be called upon to pass
The rule Is that annual or continuing APP
preparations must be expended within the
year, or there must be a proper contract
made for their expenditure or they lapse
with the Congress which made them. This
rule does not apply to an appropriation
which is not a continuing or annual one"
The law authorizing the payment Of tho
$40, 600, 600 to the Panama Canal Company
has section which authorizes the expendi-
ture of $10O0O,OOO for construction and also
authorizes the President to contract for the
excavation of the canal, Its construction.
completion and defense. This AUTHORIZE
ton. however, is made regarding whichever
route may be selected. From sthese two
sections 1t would appear that the forty
millfon-dolar appropriation contained in
the act is not continuing one, and would
not come under the rule cited by the con-
troller CT the treasury. but that the appro-
priation for the construction of the canal,
which is contained in another section Of the
law, is such a continuing appropriation.
The question raised by Senator Harris Is
undoubtedly one which will have to be con-
sidered and passed on by officials Of the
admins ira ton.
Discussing Canal Matters.
Secretary Hay was in conference this
morning with Senator Cullom, chairman Of
the Senate committee on foreign relations,
and also with Senator Morgan. the sen or
member of the minority Of the same COM
mittee.
Canal matters were under discussion and
the Secretary was able to show that sub
stantial progress Is making toward the
completion of a treaty with the Coiom-
bian government conveying the necessary
rights for the construction Of a canal