Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-10-22
REPAIRS TO VIGILANT
INQUIRY REGARDING PAYMENT
OF THE BILL.
Undetermined Whether or Not Emer-
gency Fund May Be Used-Re-
ferred to Controller.

The District Commissioners today ad-
dressed communication to the controller
of the treasury asking for ruling on the
question to whether or not a sum not
exceeding 500, to be used in repairing the
harbor boat Vigilant, may be paid from
the emergency fund, District of Column
bia." In case the controller should deter
mine that the emergency fund cannot be
used for the purpose mentioned the Com
missioners desire to be informed as to
whether the uneXpended balance of the APP
preparation for clearing the Potomac river
of Ice, District of Columbia may be law
| fully used for the payment of repairs to
the vessel.
| Enclosed with the communication of the
| Commissioners is a letter received by them
| recently from .Harbormaster Sutton, to
! which the consideration of the controller
| is invited. The substance of this letter
was published several days ago in The
| Star. In it Mr.. Sutton states that he has
| on hand with which to defray. expenses,
not including salaries, for the ensuing nine
| months, the sum of Sill He reported that
| among the items of expense to be met is
| one for about $500 for repairs on the harb-
| Dor boat Vigilant.
| Letter to Controller.
The letter from the Commissioners to
| the controller, in part, follows
The letter of the harbormaster clearly
represents the urgent need for certain re-
pairs to the harbor boat Vigilant, made
necessary by damage sustained by said
boat in breaking the ice in order to enter
the tidal basin to recover the bodies Of
several persons who were drowned therein
| in January last when a number of per-
sons skating upon the ice of the basin were
precipitated into the water by the break
ing of the ice.
ho hnr ond
river front is wholly inadequate to pay for
said repairs without creating deficiency
therein, which it is desired to avoid If pos
sible.
The service of the harbor boat will be
absolutely essential, when cold weather
sets in and ice forms, to guard against ac-
cidents similar to that which occurred in
January last, to which reference has been
made. The necessity of repairing the har
Dor boat is regarded as emergency for
which the Commissioners must now pro-
vide. In the event of failure to repair the
boat the cost of hiring a boat suitably
equipped for breaking the ice will not be
less than $40 per day, as shown by the re-
port of the harbormaster herewith.
Upon the facts presented we respectfully
ask your favorable ruling for the use of
sum sufficient to defray the expenses of re-
pairing the harbor boat (probably not eX-
ceedng $400), to be paid from the 'emer-
gency fund. District of Columbia 1904.
Purpose of Congress.
1T IS the understanding of the Commits
soners that Congress in charging the scope
of this appropriation beyond the terms I'M
der which 1t was made for number of
years, intended to allow and authorize the
use of the fund for any emergency not 9TH
erwse sufficiently provided for, similar to
the case herein presented. The appropria-
ton is in terms provided for use in case of
emergency, such as riot, pestilence. public
insanitary conditions, calamity by Hood or
fire, and of like character; but, after de-
filming this class general category of
emergencies with the comprehensive words
and of like character added so as to in
cluGe every emergency falling within such
class or category, Congress has added the
further words, and in all cases of emer-
gency not otherwise sufficiently provided
for 1t is respectfully submitted that this
later clause would be superfuous and use
less, unless it be construed to mean emer-
gencieS other than the class or category
first named and specified. 1t is believed
that the concluding clause of the appropria-
ton enactment, namely and in all cases of
emergency not otherwise sufficiently pro-
vided for may be fairly held, without vio-
lating the fundamental rules of statutory
construction, to enlarge the scope of the APP
preparation beyond the terms and purpose
of the first clause in the enactment, which
authorizes the use of the emergency fund
in the case of emergency. such as riot
pestilence, public insanitary conditions ca
lamity by flood or fire and of like charac
ter
In case you should determine that the
! emergency fund cannot be used for said
| purpose, we beg to invite your attention to
the appropriation for clearing the Potomac
/ river of ice, District of Columbia made by
! the act of Congress approved February u,
! 1902, digested as an indefinite appropriation
! digest for 1903, page 19D, and to ask
| whether the unexpended balance of said ap-
| preparation may be lawfully used for the
! payment of the necessary repairs to the
| harbor boat 'Nigilant.' "