Evening star., 1917-03-03
MONEY FROM FINES
IS VOTED TO i. S.
House Decides the District
Owes Federal Treasury
Sum of $235, 800.
MANN'S PROTEST FUTILE

The two paragraphs in the deficiency
appropriation bill transferring approx
mately $235, 800 to the United States. to
be paid from District funds. on account
Of court fines taken in United States
cases in District courts. were passed by
the House, along with the rest of the
items in the bill, the House remaining
in session until 2:20 am. today to finish
the job. Representative Mann made a
fight against the items, and, even on
being overruled by Representative
Shackleford of Missouri. who was act
ing as chairman of the committee Of
the whole, Mr.. Mann declared that he
believed the so-called appropriation
should be placed on the half-and-half
plan. and only one-half the money cred
tied to the United States.
No Explanation Given
Although the items were placed in
the deficiency bill under the cloak of
authority from the District committee.
the debate in the House late last night
is the only publicity ever given to the
manner in which the conclusions were
reached. Representative Fitzgerald ex-
planned, when Representative Mann
made point of order that the legis-
lation was the result Of report made
by William w. Spaulding. acting for
the District committee of the House.
He also read letter from the Com
missioners. who returned the matter to
Congress. with the suggestion that the
Attorney General be asked for an opin-
ion:
Il conferred with the gentleman
from Kentucky" said Mr.. Fitzgerald.
He informed me. 1 assume after some
inquiry, that the Attorney General
would not or could not take the matter
under advisement, as this accountant
has been engaged under authority of
the House to make these Investigations
and has ascertained these facts. which
been credited with s235,0o0, which
should have been credited to the United
States, and rs result of that credit
the United States has appropriated.
matching. on the half-andhalf principle.
that s235, 900, it was only equitable that
the District should pay at least the
amount the accountant had ascertained
it had unlawfully received and been
credited with"
Mr.. Mann's Proposition Defeated.
Representative Mann endeavored to
have the House pass over the item, as
he said he had not been able to reach
any definite conclusion on the subject.
On the other hand, Representative
Johnson as armed with a very Qennlte
conclusion. He spoke as follows:
The Supreme Court has six judges.
paid on the half-and- d-half plan. Only
one of these judges presides over the
Criminal Division in which all these
cases are tried. For a long while all
fines. irrespective of whether they were
imposed for breaches of District laws
or of federal laws, were paid to the
District OF Columbia Finally the ques-
tion as to the correctness to do SO
arose and was taken to Controller
Tracewell for decision. He decided that
the fines then in question were fines for
a violation of federal laws in force in
the District Of Columbia, and that they
should be paid to the United States. and
not to the District of Columbia.
His decision was asked then only as
to certain fines. and he made the ruling
to which 1 have just referred. Then the
committee on the District of Columbia.
investigating the matter, went into all
the fines. OF the fines assessed in the
court to which l have just referred,
about two-thirds are for violations of
District of Columbia laws, and about
one-third for violations of the federal
laws. The present controller has ad-
hered to the decision of Controller
Tracewell and has rendered an opinion
along the same lines. and has decided
that these fines for violations of the
federal laws belong to the United
States. and that the fines for violations
of the laws of the District of Colum bia
belong to the District of Columbia.