Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-28
AGAIN DECLINE TO ACT
AUTHORITIES CANNOT COMPLY
WITH GEN. HARRIEs' REQUEST.
Auditor Garrison States Reasons for
Adverse Action Regarding Def
cheney Item for National Guard.

Upon the recommendation of Auditor John
r. Garrison the Commissioners today again
declined to present to Congress deficiency
item Of So 597.2 to cover rent of rife range
and to pay for lockers and repairs to the
armory occupied by the District National
Guard which indebtedness was contracted
in 1885,
Several weeks ago Gen George H. Har-
RES. commanding the District militia. wrote
to the Commissioners requesting them to
present to Congress the deficiency item IN
question. In a report on the matter at
that time Auditor Garrison called attention
to the fact that Congress. in the year fol-
lowing the contracting of the debt. refused
to appropriate the funds necessary to liquf-
date the same. The auditor stated further
that. according to the practice prevailing
IN the executive departments Of the United
States after estimates for deficiency items
to pay claims have been submitted and
Congress declines to appropriate the funds,
the matter Is considered at an end SO far
as the District is concerned.
The only way the money could be OBJ
tanned, In the opinion of the auditor,
would be by private relief bill present.
the District government.
Excerpts to the Ruling.
This suggestion was approved by the
So"iiAiSofoAcio. WIZ lulOklhSu NcH I1dh
ries Of their position in the matter. Gen.
Hairless however. took exceptions to the
ruling and the other day wrote another
letter to the District authorities In which
he stated that the act under which the
District Of Columbia militia was organic
ed and operates provides that the Com
missioners shall forward to Congress such
by the commanding general II the Com
mlssioners decline to perform the duty
required of them by the statute I shall
then be compelled to transmit the items
directly to the Secretary of the Treasury
1 am compelled to this action because the
credit OF the organization which I have
the honor to command Is involved to such
an extent IS to demand my active official
interest"
In his communication Gen. Harries
quoted section So of the act providing for
the organization of the militia in support
of his contention.
This second letter from Gen. Harries was
also referred to the auditor, who states in
his report on the matter that q part of
section So of the act referred to reads:
That the commanding general shall an
nually transmit to the Commissioners of
the District an estimate of the amount Of
money required for the next ensuing fiscal
year to pay the expenses authorized by the
act, and the Commissioners shall include
the same in their annual estimates of APP
preparations for the District"
The Law Interpreted.
This law, says the auditor, has reference
only to the annual estimates of appropri-
atoms for the expenses of the District
militia, and its provisions have been COM
piled with. He again calls attention to
the fact that the deficiency item in ques-
ton was submitted to Congress by the
Commissioners in the deficiency estimates
for the fiscal year 1899, and that Congress
did not provide any appropriation to pay
the items.
1T is not, therefore. incumbent upon the
Commissioners under the law to submit the
items again to Congress" says the auditor.
In my opinion. 1t IL entirely optional and
discretionary with the Commissioners
whether they shall formally order and di-
rect that the items, aggregatfng $3.50. %.
shall be resubmitted at the present session"
Mr.. Garrison adheres to his former opin-
ion that the most appropriate way to secure
legislation authorizing the payment Of the
claim is by private relief act urged by the
parties in interest
Commissioner Macfarland. in an indorse-
ment on the papers. recommends that the
report Of the auditor be approved and that
Gen. Harries be informed In accordance
Herewith; also that copies of the papers in
the case be transmitted to the Secretary of
No Tra for to ;,fo