Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-07-28
CANAL zones STATUS
The Strip Not a Part of the
United States.
INTERESTING RULIN G
OPINION BY THE CONTROLLER
OF THE TREASURY.
Replies to Questions Asked by Chair
man Walker Regarding the Au-
thority of the Commission.

r. J. Tracewell. controller of the treasury !
has rendered a long opinion defining the !
authority of the Panama canal commission |
regarding disbursements and the relation
of the canal zone to the United States. The |
decision is an important one. as it covers +,
orig .nll questions. The questions asked by i
Rear Admiral John G. Walker. chairman
of the isthmiau canal commission. were as
follows:
after conference with the Secretary of
War with reference to future disbursements
under the direction of this commission
respectfully request that you give dec
sion upon the following points:
"D In conducting the various branches
of work large quantities of printed books
and blanks will be required for use in the
commissions main and subsidiary offices
on the .sthmus. Does the fact that por-
ton of these will also be used in the Wash
ington branch office require them to he OBJ
tanned from the government printing office,
under section 81 act of January II. lS'l?
''Cn Does the act of June ~. l!U2 author-
il, rent of offices in the District of Column
bia within the meaning of the act of March
3 1877? 10 Stat. 3lo)
.'CD In case of the adoption by the COM
mission of Il system of allottine pay. by
employees the isthmus. similar to that in
use in the navy, would the treasurer OF the
commission be authorized 10 pay alotments
as mlde?
tise for bids for supplies for use on the
isthmus or in its branch office at Washing
ton in accord ncr with section 3ic. RS?
''CO Attention is invited to the last para
graph page \ OF the Presidents letter of
May D. l9Ol addressed to the Secretary of
War tcopy herewith which states:
The necessary expenses. incurred by the
commission in ctrrying on the government
of the canal zone ii be betrayed from the
local revenues is far as the said revenues
may he. sufficient. and the remainder will
be met from the appropriation made by the
fifth section of the act of Congress approx
ed June -. 1902
Are the revenues from the government
of the canal zone public moneys of the
United States? And should the receipts
and disbursements Of the same he account
ed for to the Treasury Department.
Status of the Commission.
Mr.. Tracewell answers the questions in
detail as follows:
81 BY section II of the act of January
H. 1875. IT is provided that all printing,
binding and blank books for the Senate and
House of Representatives and for the
executive and judicial departments shall be
done at the government printing office. ex-
cept in cases otherwise provided by law.
1T cannot be said that the isthman canal
commission is an executive department of
n
act just quoted. Nor is it Il branch or bu-
reau of any of the executive departments,
although. for administrative purposes. 1t
has been placed under the supervision of
the Secretary of War by the President in
his letter of May .. 1904. 1t is a separate
and distinct establishment authorized and
created by Congress for the performance
OF certain work and appropriation made for
Its necessary expenses. The War Depart |
n.ent is not required to furnish. cause
10 be done. such printing or binding or
books as may be necessary for the use of |
the commission and such printing or bind |
ing or books are furnished for of !
the commission could not therefore be re-
garded as being furnished for the War De-
partment or any of Its bureaus.
Il am therefore of opinion that the pro-
visions of section 81 above quoted do not
apply to the printing to be done for your
commission, even though part of said work
Is to be used at your branch Office in Wash
ington.
Rental of Washington Offices.
''2. In answer to your second question, it
may be stated general proposition that
the laws of the United States apply to the
use and disbursement of the money appro-
priated by Congress for building the canal
unless the provisions of the later statutes
relating 10 the canal are repugnant to the
earlier general laws, in which event, of
course, the earlier laws must give way to
the later ones. The acc of March 3 1877
(l9 Stat, 3Io). provides: hereafter no
contract shall be made for the rent of any
building. or part Of any building. to be used
for the purposes of the government in the
District of Columbia, until an appropriation
therefor shall have been made in terms by
Congress. and that this clause he regarded
as notice 20 all contractors or lessons OF any
such building or any part of building
This act is plain and unambiguuus and
would prevent the renting of any building
or part thereof in the District of Columbia
for The use of the commission unless
mo N tor
acts. but the act Of June %. 1892 vests in
the President Il discretion without limita-
ton 70 provide proper and necessary offices
Tor the use of the commission. To hold that
the act Of March 3. 1877, supra, applies to
the renting of Offices for the commission in
the District of Columbia would be to say
that said act could impose a limitation on
the discretion of the President which is not
found in the act of June ~. 1902 supra.
The discretion there rested in the President
is thus repugnant to the provisions of the
act Of 1871. and therefore the former act
must Yield TO that of 1902.
because of this / conclude that the
President is authorized to cause the renting
OF offices for the use of the commission in
the District Of Columbia, II he chooses to
uD so.
Allotment of Pay.
80 In answer to your third question as to
the authority of employees of the commits
SION to allOt assign their pay and the
treasurer of the commission to pay the
same to the allottee or assignee. l have
TO say that such practice seems to be in
cOntraventiOn of section 3iIT of the Revised
Statutes, and ! find nothing In the law re-
latinS 10 the canal commission which would
take the case out of the operation of said
section.
Therefore | am Of the opinion there is
no authority TO allot or assign the pay In
question
Advertising for Supplies.
"A. In answer TO your fourth question |
have to say that / find nothing in the laws