Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-02
MAY ASK OPINION
CONTROVERSY OVER OKLAHOMA
TOWN SITE FUNDS.
Generally Believed That the Question
of Custody Will Be Submitted to
Controller Traceweu.

There is likely to be a climax to the
controversy between the Secretary of the
Interior and the auditor of that department
over the Oklahoma town site funds. There
is at present, 1t is understood, about $780,
600 of this money on deposit in the sub
treasury at st. Louis but it Is in the GUS
tody of the Secretary Of the Interior and
has never been audited.
There has been considerable anxiety in
the treasury over these funds since it was
discovered that their first receipt by the
subtreasury from Land Commissioner Rich
ards in the name of the Interior Depart
ment could not be located.
Secretary Hitchcock's Position.
Secretary Hitchcock held receipts for the
money and is said to maintain that under
the act of Congress of 1895 he is the sole
custodian and Is not accountable to the
Treasury Department for it. 1t is the pro-
ceeds of the sale Of the town sites In Ok
lahoma at the time of the opening Of that
territory to settlement and under the law
it is to be held for the benefit of the towns
until the latter shall have incorporated,
when it must be turned over for the pur-
pose of making municipal improvements.
The act of 1895 distinctly provides that
this shall be the final disposition of the
funds. and does not state that they shall
be under the control Of the Secretary of the
Interior. but the inference is that they are
to be considered as public moneys. and as
such under the control of regularly ap
pointed officers who have charge Of such
moneys.
Secretary Hitchcock contends that they
are trust funds. and as such are under his
control as custodian until such time as
they are claimed by the several towns to
which they belong.
About $3.50 600 Of these funds has already
been turned over to the towns, and the bal
ance is supposed to be on deposit in the
subtreasury, as stated. 1t Is not officially
it is. ''
May Ask for Opinion.
No demand has yet been made on the
Secretary of the Interior. through the Sec
rotary Of the Treasury. that the auditor
for the Interior Department be permitted
to audit the funds, but 1t is generally be-
lieved that such viii be the outcome Of the
case and that Controller Tracewell will
be asked for an opinion on the subject.
The controller some time since gave an
opinion on a case that was In many in
stances parallel to this, and in that opin-
ion said that an act Of the character OF
the one which provided for the expenditure
of the townsite fund clearly should be in
terpreted to imply that the fund was to be
considered government business, and as
such should be under the control Of the
proper officers.
Government business" he said, '1s not a
business that will be completed within the
term of office of one man or during the life
time of a single man. 1t Is a continuing
business and the place for an account of
this character Is in the Office of the auditor.
That is the place where one would be most
likely to look for 1t in the future, and that
Is Just where 1t ought to be-.
Should Secretary Hitchcock die his sue
cessor might have a difficult time in OBJ
tanning the town-site funds In order to COM
ply with the provisions Of Congress, for. it