Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-04
DECLINES TO COMPLY
District Refuses Request of
Treasury Auditor.
ATTACKS HIS JURISDICTION
This a Corporation Proper, Not
United States Agency.
MIR. TWEEDALE GIVES VIEWS
Quotes the Law and Says Position
Has Been Sustained by
the Controller.
ATTACKS HIS JURISDICTION
MIR. TWEEDALE GIVES VIEWS

The District of Columbia is a municipal
corporation proper. and not a mere cor
poration established an agency OF the
United States and the auditor for the
State and other departments of the Un1ted
States has no jurisdiction over the aud1ts
for disbursement of District moneys ex-
cept to disaIlow when in his judgment
they are not made in accordance with the
law.
The foregoing opinion was expressed by
Alonzo Tweedale. auditor for the DIS
trict yesterday. when asked regarding the
contention of DR.. c. II. Layton. auditor
for the State and other departments. that
he has jurisdiction over the District of
Columbia auditing and disbursements.
MI Tweedale says that DR.. Layton has
been laborins under misrepresentation
and that he has no more authority or
jurisdiction over the District of Columbia
expenditures than the state of Maryland
las over the city of Baltimore. 1t is a
case of two separate and distinct corpora
tions. and the distinction is clearly de-
fined he adds. by acts of Congress and is
upheld by decisions of the Supreme Court
of the United States and by the controller
OF the Treasury.
MI. Tweedale's Contention.
MY contention in this matter is by
no means theoretical" Mr.. TWeedale re-
marked, but is based simply on acts
of Congress. The auditor for the state
and other departments has no original
Jurisdiction in the settlement or adjust
ment of a claim against the District I'M
less prior to the affirmation of the auditor
for the District and its certiication by
the Commissioners the law granting ap-
preparations provides that it shall be
expended through other sources than
under the direction of the Commissioners,
as is often the case"
Officials of the District contend that the
auditor for the State and other depart
ments has frequently attempted to appro-
PIRATE Jurisdiction over the office OF the
District auditor. His most recent at
tempt was several weeks ago. in the mat
ter of the claim Of the National Electric
Supply Company. The company contract
cd to furnish and install an engine at the
Industrial Home School. and for failure
to deliver the same on time $130 was de-
Quoted from the contract price as a pen
atty.
Claim Goes to Treasury.
The company requested the Commits
sioners to reconsider the matter. but
they refused. Through Attorney Rhodes
the claim was filed with the Secretary
of the Treasury. The latter requested
information relative to the case, cld it
thus found it's way to the office of the
auditor for the State and other depart
ments, who called on the Commission
ers for the papers in the case and such
Information as may be at their dis
posal prior to settling the claim
The Commissioners conferred with Au-
ditor TweedaIe, and on his recommended
ton they declined to comply with the re-
quest, and politely reminded DIR. Layton
that he is without authority in settling
claims affecting the expenditure of Dis
trict moneys.
auditor for the State and other depart
ments is ridiculous its face" Mr..
Tweedale says. III he is to settle claims
against the District. TOW are we to know
where we stand financially and how much
money we have for other expenditures?'
MIR. Tweedale, in a report to the COM
mission, quotes laws of Congress showing
the District to be a separate and distinct
corporation, no mention being made of
the auditor for the State and other de-
partments having original jurisdiction
over. the District expenditures, except
to disallow payments when not in accord
ance with the law.
May Merely Examine Accounts.
Mr.. Tweedale informed the Commission
ers that from careful consideration of the
various laws relating to appropriations for
the District he is of the opinion that the
sole authority Of the auditor for the State
and other departments in the matter of
District expenditures is limited alone to
the receipt and examination by that Off
Ger.
IF the auditor for the State and other
departments can assume jurisdiction over
claims against the District and settle
them by payment within the Treasury
Department, without reference to the
District auditor. the accounting system
of the District auditor becomes OF no
value whatever" Mr.. Tweedale reported
MIR. Tweedale also furnished the Com
missioner with opinions to the foregoing
effect by the controller for the Treasury
and he contends that IL DR.. Layton asks
the latter for opinion in the matter he
VIII learn that he is wrong and that Mr..
TWecdale is right.
The fifth wedding anniversary is the
wooden" wedding; the tenth, ''tin:" fif-
teenth, Crystal" twenty-fifth. "silver;"
thirtieth. pearl" fiftieth. golden" sew