The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-04-27
TITLE TO VEST IN
GARFIELD HOSPITAL
The Comptroller Comments
on Congress.
ACTS AMBIGUOUS LANGUAGE
Holds Opinion That Land to Be Pur-
chased for Addition to Institution
Shall Belong to It.

Ambiguous language employed by Con
gress in appropriation bills and other
measures of great Importance has been
made the subject of unfa vorable com
meut BY Comptroller TracewelI. of the
Treasury Department, in his opinion
constituting the intent of Congress in its
appropriation for the purchase OF land
for the extension OF Garfield Memorial
Hospital He is OF the opinion that title
should vest IN the hosDitsI-
Fifty thousand dollars vas appropTI-
ated by Congress for the purchase OF
Iacd owred by the Schneider heirs. Ac-
cording to the provision of the District
bill the money is to be expended by di-
rection OF the Commissioners of the Dis
trict one-half TO be paid from the reve-
nues OF the District and one-half by the
/ Government.
The Act Indefinite.
The act failed TO state whether title
TO the property should be taken in the
name of the trustees of the hospital or
/ in the name OF either the District or
the United States. OF jointly. President
/ Harlan asked the Comptroller for an
opinion on the subject and Mr.. Trace
well ruled that under the law he is not
authorized to furnish advance opinions
TO persons other than heads OF Gov
/ eTnmeut divisions
] He suggested. however. that if the
/ Commissioners of the District sought
such an opinion he would gladly pass
upon the question. The opinion made
public this morning is in answer to q
! request from Commissioner MacfarIand-
| After reviewing the language en-
ployed in the act of Congress and the
5 confusion existing by reason Of the IN
icertsinty as to the intent OF the act
relative to the taking OF title. Comp
trolIer TraceweiI says:
! IF the grantee cannot be asceTtained
! the act must fail for uncertainty and
icannot be executed Il would he a re-
Hectiou on the intelligence Of Congress
( to be forced 10 the conclusion that this
isct IS 50 uncertain as to preclude its
accomplishment Viz, tho pUrchaze 81
the land described and commanded.
The Prime Beneficiary.
Garfield Memorial Hospital is the
prime beneficiary OF this part of the
appropriation and has a beneficial own
ieTship. I an inclined 10 think it could
compel the Treasury officials by sum
mary proceedings to turn over the
amount thereof to be expended for the
luses and purposes set out in the act If
such officials should arbitrarily refuse
to make advances thereof for the use
and benefit Of such hospital"
After quoting at length from the act
the Comptroller says:
There IS nothing in the language used
10 indicate that the title should not 20
with the use, and nothing to Indicate
/ that trustee should be utilized IN order
10 make the use effective Hence I con
. cIude that a fair Interpretation Of the
/ language shows Congress intended that
the purchase was for the use and benefit
/ of the hospital. and nothing to show that
( !. intended to separate the use from the
title.
Title Vests in Hospital.
If the above be correct interpreta-
tion Of the language Of the act It. would
follow that the title to these lands
should be taken In the name Of the
| trustees Of the Garfield Memorial Hos
/ pital, and their successor il Office