Evening star., 1913-12-04
Erection of Structure May Be
Retarded by an Opinion OF
Attorney General.
REGARDS WAR SECRETARY
AS MORE THAN AN AGENT
Not Bound by Action of Commis-
sion in Making Contracts, Mr..
McReynolds Believes.

Further delay in the execution OF the
act OF Congress providing for the erec-
ion Of a memorial to Abraham Lincoln
Is likely to result from an opinion rem
dered by Attorney General McReynolds
that the Secretary of War is not bound
by the action OF the Lincoln memorial
commission in making the contract or
contracts for the construction Of the
memorial The Lincoln commission Sc
ltcted and Congress approved the erec-
lion of the memorial designed by Henry
Bacon Of New York on site near the
west end of Potomac Park. The COM
mission also decided that the memorial
should be constructed of Colorado yule
marble and accepted the bid of the
George a. Fuller Company 10 build the
superstructure of that material at its
bid Of $1,SOO,OCO
Protests against the award to the
Fuller Company were made TO the Sec
Fetary OF War by Senator Bacon and
other members OF the Georgia congress
sIo1al deies.ation. on the general ground
that tho memorial should be constructed
~ marble quarried in that state at
lower total cost Subsequently bids were
opened for constructing the foundation
~ the structure. for whicn purpose the
Lincoln commission had allotted the sum
~ S-.r.ctp No action has been taken
on these bids as yet
secretary Garrison was uncertain as TO
rs cdties and responsibilities in the mat
Ter especially in awarding the contract
and asked the Attorney General for an
opinion on the subject.
Reply of Attorney General.
have the HONOR says the Attorney
General in his reply. made public today,
10 reply TO your letter of October 20, in
which You ask to be advised concerning
Your rights and duties under the act of
Congress approved February ., 1911. en-
titled AN act 10 provide a commission TO
secure plans and designs for a monument
or memorial to the memory of Abraham
Lincoln The first section of the act
creates William II. Taft and others
commission to procure and determine
upon location. plan and design for the
monument or memorial. subject to The
approval of Congress. The second section
services OF artists. sculptors. architects
ana others, as IL shall determine u to be
necessary. The third section follows.
That the construction Of the monu-
ment memorial herein and hereby
authorized shall be upon such site as
shall be determined by the commission
herein created and approved by Con-
gress. and said construction shall be
after the plan and design therefor is
determined upon and approved by Con-
sress, and shall he prosecuted to COM
pletion under the direction of said COM
mission and the supervision of the
Secretary of War. under contract or
contracts hereby authorized to be en-
tered into by said Secretary in total
sum not exceeding 1000, ,00o.'
The fourth. fifth and sixth sections
provide that vacancies on the commission
shall be filed by the President: appro-
pirate SJ0000 to defray the necessary ex-
penses and the cost of procuring plans or
designs; and that the commission shall
annually submit to Congress an estimate
OF the amount Of money necessary to be
expended eacn year to carry on the au-
tboTized work
Congress Approved Plans.
Having duly organized, the commission
determined upon the location and secured
plan and design for the memorial, which
were submitted to Congress and approved
Thereupon it advertised for proposals for
the construction and received various
bids
You have been requested 70 enter into
contracts for carrying these bids into CT
feet; and. in order to remove doubts
which have arisen. you now ask:
10 what extent under the statute cited
10 my power and duty to make the con-
tract for the construction of this memo
rial and to supervise its construction. i'm
pose upon me the responsibility
for the regularity and legality OF all
transactions preliminary TO making the
contract and ohligate to pass upon
all such preliminary matters, including
specifically. the determination Of the rel
dtve merits of the several bids submit
ted, which Incidentally Involve similar
determination az 70 the quality. suitable
~ and price OF the building materials
specified in said bids
The commission apparently maintains
that your duties arc ministerial and that
IN effect, you should act as it's agent and
under its direction in respect TO makin,,
the necessary contracts Hopiny 10 ar
rive at proper solution OF the problem
! have examined the opinions submitted
by its distinguished members and others.
Language Held to Be Obscure.
Answer TO your question depends
upon the proper construction Of section
three. / am unable 10 conclude thar il
imposes upon you no other responsibility
than that OF framing and signing a con.
tract in harmony with the comrnissiou's
direction
The language j. undoubtedly obscure
bot J think you must proceed upon the
lew that il is your duty 10 enter into
arc proper or necessary 10 carry into
fruition the plan and design OF the me,
mortal approved by Congress
IT. for any rt son the course sur-
Scsted proves to be impracticabie the
matter should BE- brought to the atten-
iiou % Congress. with request FOR p
eniedS
The Secretary OF War spent today =,
tho Capitol before the House military
committee explaining army estimates. /,
= not Yet known what he will d.. In rho
matter, whether be will reopen tn. uues-
lUn OF the contract for the supe-st rue
tuTe or whether ne will adopt the sug.
Sestion of the Attorney General and .end
the matter 20 Congress for settlement
Er.l e.