Evening star., 1904-03-16
THE EMERGENCY FUND
CONTROLLER TRAcEWFLL's oPIN-
ION REGARDING IT'S USE.
Commissioners suh1pitted Question Re-
garding Repairs TO School Heat
ing Apparatus.

| Controller Tracewell Of the Treasury De-
| partment today forwarded to the Commits
| Sloners an opinion relative to the use Of
| the emergency fund. of the District, in
! which he holds that a mere exhaustion of
regular appropriation does not of itself
| Justify the use Of the fund mentioned. but
| that the emergency must be one which
would involve serious consequences to the
general public If the conditions were not
| promptly met, and that the special appro-
priation for the purpose must have been
exhausted
The opinion of the controller was asked
| by the Commissioners in regard to the use
of money from the emergency fund for the
repairing of heating apparatus Of the Dent
School. The repairs were considered as
necessary in order to prevent the destruc-
ton of the furnaces and the closing of the
school, and since the appropriation for re-
pairing the heating and ventilattng appa-
ratus of the schools is exhausted 1t was
proposed that the repairs be made and the
cost betrayed out of the emergency fund.
The decision of the controller is regard
ed as one of considerable Importance be-
cause OF its probable application to future
cases which may arise The opinion OF the
controller, it is considered, indicates that
In cases where appropriations for specific
purposes have been exhausted and the
commissioners believe and certify that an
emergency exists, they may draw on the
fund for money needed In other words,
the opinion is considered as giving the
Commissioners authority, under certain
limitations, to decide as to what consti-
tues an emergency.
Difficult Question to Answer.
The controller states that the question,
what constitutes an emergency? is one
which it is very difficult to answer in def
mite terms. Continuing. he says:
''The appropriation for emergencies is in
ell N1o1 o1x-
in cases of emergency such as riot pesti-
lence, public insanitary conditions, calam
ity by floods, or fire, and of like character,
and in all cases of emergency not other
wise sufficiently provided for.
The kinds of emergency sreclned In the
first portion of the appropriation are such
as threaten public injury, but this is fol-
lowed by a provision for all cases OF
emergency not otherwise sufficiently pro-
vided for Undoubtedly the latter provis-
ion is intended to enlarge the scope Of the
appropriation beyond the kinds of emer-
gency previously specified But l do not
think it is intended to authorize the use OF
this appropriation in all cases where there
Is need for expenditures not otherwise sufh-
ciently provided for. I think some force
must be given to the term emergency.
The controller says further that he does
not think the mere insufficiency of an ap-
preparation for ordinary expenses constl-
tutes an emergency under the meaning OF
the law, but that there must be something
says as used in this provision, contem-
plates an unexpected need for immediate
action in order to avoid or prevent serious
consequences to the general public.
Difference Defined.
In the opinion of the controller II the IN
ability to make the repairs to the furnace,
because of the insufficiency Of the appro-
priation for repairing heating apparatus,
would cause no serious consequences to the
general public, he does not think it would
constitute an emergency which would rem
der the emergency appropriation applicable
to the repairs for the school. But If the
failure to make the necessary repairs would
result in serious. injury OF damage to the
general public, the controller thinks that
such conditions would constitute an emer-
gency within the moaning, of this appro-
priation.
In concluding his opinio1r Mr: TraceWeH,
with regard to the repairs to the furnace
in the school, says, TT
although the Consequences indicated
have not yet happened, yet If you are of
the opinion that they are imminent think
it must be held that emergency exists
and that you are authorized to defray the
cost of making the repairs from the appro-
priation for emergencies"
Commissioner Biddle recommends that
the requisition for S2S for the repair of the
furnaces in the Dent school building be
approved. Commissioner Macfarland con-
ours in the recommendation.