Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-10
CANNOTRENT BUILDING
UNLESS EXPRESSLY AUTHORIZED
BE CONGRESS.
Controller Tracewell's Decision Render
ed to the District Commissioner
House for Smallpox Suspects.

Controller Tracewell, in a long decision
to the District Commissioners OF consider
able general interest, holds that the District
Is prohibited like the federal government
from renting buildings without express au-
thority Of Congress, and that 1t cannot rent
a building in connection with detention
camp for smallpox patients.
Referring to the application OF certain
laws to the District, the controller discusses
the request Of the Commissioners for his
construction of provision OF the act OF
June %, 1874, that hereafter no contract
shall be made for the rent of any building.
or part of any building, in Washington, not
now in use by the government, to be used
for the purposes of the government until an
appropriation therefor shall have been made
in terms by Congress-
Constituting the Act Of juno %.
Asked whether this applies to the District
the controller renders the following opinion:
1.-THE provision In the act Of June q, 1874,
supra, applies to contracts for the rent OF
any building in Washington to be used for
the purposes Of the government 1 think it
is clear that building to be used for the
purposes OF the government OF the Dlstrlct
Of Columbia Is to be used for the purposes
Of the government within the meaning or
this provision
'It is also to be observed that by section
3 of the act of June II, 1878 co Stat, 1879.
by which act the existing form of govern
ment of the District of Columbia was estaD-
lished, it Is provided that the Commits
sioners Of the District of Columbia shall
make no contract nor incur any obligation
other than such contracts and obligations
as are hereinafter provided for and shall
be approved by Congress- 1t Is obvious
that the requirement that no contracts shall
be made unless approved by Congress can
not mean that every contract made by the
Commissioners must be transmitted to Con-
gress for approval, which approval could
only be made by special legislation. Its
evident meaning is that the approval OF
Congress must be previously granted by an
appropriation, either expressly or by neces-
sary implication, authorizing the making
of the contract. And when this provision
is read in connection with the provision re-
lating to the rent of buildings in Washing
ton l think 1t Is clear that such authorize
ton must be in express terms.
The Case in Question.
The particular case presented by you is
whether you are authorized to rent build
ing in connection with a detention camp
for smallpox patients under the appropria-
ton contained in the act of March 3, 1908
(32 Stat, 973), as follows: For the en-
forcement of the provisions of the
act to prevent the spread of contagious
diseases in the District of Columbia, ap-
proved March:3. 1897 I"
II think 1t Is clear that this item Of ap.
preparation does not make provision ir
terms for the rent Of any building in Wash.
ington. and therefore that its use therefor
Is prohibited
1T is also to be observed that the same
appropriation act makes express provision
for the rent Of buildings for other pur.
poses"