Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-22
A SECOND 0P |N|ON
Controller Tracewell Reiter-
ates Former Decision.
DETENTION CAMP CASE
REoPENED ON APPLICATION OF
COMMISSIONERS.
All Acts Referred to, but Way Sug-
gested Whereby Object Sought
May Be Accomplished.
DETENTION CAMP CASE

r. J. Tracewell, controller Of the trsas-
| ury. has rendered a long and important de-
cisiOn which is the outcome of recon
sideration by him of the question whether
he would approve of a lease providing a
detention camp for smallpox patients
July 30 the Commissioners Of the District
asked Controller Tracewell whether they
were authorized to rent building for 4
detention camp for smallpox patients. Au-
gust the controller rendered q decision
saying, In effect, that there Is practically
no doubt that the government OF the Dis
trict Of Columbia is merely a branch of
the general government. and that the act
Of June Y. 1874. provides that no contract
shall be made to rent building unit! al
appropriation has been made therefor az
plies to the District of Columbia as we'll as
to the general government. He said that
this act Is permanent general legis;i ion,
applicable to all branches OF the govern
ment. Speaking of the applica nifty of this
section to the District government. the
controller said that while the District gov
eminent Is municipal corporation. Il IS
not an independent body acting for itself,
but Is an agency of Congress for admin
istering the laws which that body enacts
for the District.
Commissioners Asked Reopening OF
Case
The District Commissioners asked a re-
opening of the case, which they regarded as
Of great importance, and August IA sent the
following to the controller: SO
THE Commissioners of the District of
Columbia have the honor to transmit here
with a copy Of communication received
by them from the health officer OF the Dis
trict. and to request that you will give
them your decision respecting the Specinc
question raised therein In connection with
the second inquiry made by the acting audi
tor of the District. whose communication is
also inclosed herewith.
The Controllers Findings.
The controllers opinion today is fol-
lows:
The communica ton of the auditor to
which you refer has reference to the APP
prevail of lease providing detention
camp for smallpox patients. The auditor
does not exp essIy state that there is any
building ON the ground the lease of which
is contemplated Tut the context clearly i'm
plies that there is.
The question asked by the auditor. to
which you refer. is follows: Second, in
case the law is construed to include this
municipal corporation are not the Commits
stone. by the terms of the act. To prevent
the spread of scarlet fever and diphtheria
in the District of Columbia approved De-
cember 20, 1880 and the act TO prevent the
spread of contagious diseases in the Dis
trict of Columbia. approved March i, 1897,
and the act making the appropriation to
enforce these laws authorized to rent
houses. and to any and all other prop
er methods of carrying out the expressed
intention of Congress, more particularly in
that to fail to provide a place of detention
for those suffering or supposed to be suf-
ferng with this most dangerous contagious
SmallnOx1 womb be to nullify the
purpose of the law?' .-..-' -rslse. -, t.'- ~
LAS the auditors question pertains to the
leasing of a building for smallpox patients
the acts of December 20, 1890. and Febru-
airy 4, 1892 which relate to scarlet fever
and diphtheria only, are not applicable to
the case presented. The act of March 3,
1897, provides for preventing the spread of
contagious diseases generally, including
smallpox.
The Health Officers Communication.
In the communication of the health off,
Ger of the District, which you transmit, he
refers to the following provision contained
in this act as implicitly authorizing the
renting of buildings in the District: Sec
%. That the Commissioners of said District
be, and they are hereby. authorized and
empowered, whenever said District is, in
their judgment, threatened afflicted with
any contagious disease, to cause houSeto-
house inspections to be made, to require
especially, the cleansing and disnfecton
of premises or parts of premises, to provide
accommodations for such persons as may
be threatened by or afflicted with any of
the diseases aforesaid, to provide gratuitous
vaccination and distribution of dsinfect-
ants, and to do cause to be done such
other acts not contrary to law may be
necessary, in their judgment to prevent the
Introduction spread in said District of
any disease aforesaid.
THE act of June %, 1874 Us Stat, 144.
contains the following provision: Here
after no contract shall be made for the rent
of any building, or part Of any building in
Washington not now in use by the govern
ment. to be used for the purposes of the
government until appropriation therefor
shall have been made in terms by Con-
gress
This provision is repeated in the act OF
March 3, 1877. and the following provision
is added thereto: And that this clause be
regarded as notice to all contractors or
lessons of any building or any part of build
ing
The Specific Question Presented.
I'm my decision of August 7. 1903, 1 held
that this provision Is applicable to the gov
eminent of the District of Columbia. Tho
specific question which is presented, there
fore. is whether the appropriation quoted
supra. for the enforcement of the provisions
of the act Of March 3. 1897, supra, when
read it connection with the provisions of
that act provides in terms for the rent Of
a building in Washington for the deteptfop
of smallpox patients
The particular language in section x
of that act, quoted SUPRA which 1t has been
suggested may have that effect is the fol-
lowing, to provide accommoda lions for
such persons as may be threatened by or
afflicted with any of the diseases afore-
said
Il think there is no doubt that the APP
rfntf nvx To to I4
actually contained these words and the
other provisions of the act. But when so
read do not think it provides In terms
for the rent of a building in Washington. I
think the words in terms In connection
with the context. mean express provision
for the rent of building, or language
equivalent thereto.
But there is another consideration which
might give the provision the effect of at1-
thorizing the rent of a building.
IF it was clearly the intention of Con-
gress in enacting the provision for
such accommoda tons to authorize the
renting of building or buildinps
such authority, granted nv l,tar