Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-05-20
HELP OF PRESIDENT
SOUGHT TO DECIDE
POWER OF M'CARL
Controller and Department
of Justice DeadIocked
Over Decision.
EMPL0YE COMMISSION
CAUGHT between FIRES
0ccupational Disease Payment May
Make Disburser Liable
in Full.

Pre- sident Harding will be called
upon early this week to help the
United States employees commission
out of a dilemma into which II has
been precipitated by opposing defni-
tions of its powers in the decision
of Controller General McCarl, and the
opinion OF Assistant Attorney General
Seymour.
McCarl held that the commission
could compensate only for personal
injury, determinable in point of place
and time.
Seymour, in an opinion, sent to the
President during the week past held
that the commission had broader
powers, could pay for "occupational
disease and has the power by vir-
tue Of the act under which it was
created TO construe the terms OF said
act. and that any construction so
rendered is final and beyond inter
ference BY other government on
cials"-meaning McCarl.
Between Two Fires.
When the Department of Justice
opinion was delivered the commits
sion. at first jubilant, felt that IL
could go ahead and add on 'occu-
pational diseases" But, on further
consideration, the commission dis
Covered that the McCarl decision
which had previously prevented pay
ment for occupationaI diseases was
still standing, in spite of the Attor-
ney Generals opinion. and that
should the disbursing officer OF tho
commission pay out thousands of
dollars on occupational diseases
there would be the possibility that
McCari would disallow the payments
and collect from the disbursing on
Ger or his bonding company.
The commission, not knowing Just
what to do. will put the whole mat
ter again up to the President, when
Mrs. Bessie t. Brueggeman, chair
man of the commission. Calls at the
White House early this week. 1t
was to the President Mrs. Bruegge-
man had appealed when confronted
with the McCarI decision, and II was
the President who asked the Depart
ment of Justice for the opinion rem
dered last week.
Question of Right
Legal experts of the government
differ widely in the latest controversy
into which the controller general has
been drawn, some declaring the con-
troller is the court of last resort In
matters involving payments by the
federal department, representing Con-
gress alone. while others contend
that the controller has made a deei-
sion in matter beyond his jurisdic-
ton.
Those who side with the Attorney
Generals opinion feel that Judge Nc
Carl has been overseeing himself
in not one, but several matters which
have come to him for decision, and
predict that in some he will not be
able to enforce his decisions.
The Department of Justice opinion
holding that the compensation COM
mission has final authority TO decide
problems in its Jurisdiction was the
second in which that department has
advised 4 branch of the executive de-
partment that it was not necessary to
abide by specific decision by the
controller, general. The first con-
cerned the War Department, where
Secretary Weeks now is refusing TO
conform to the orders Of the general
accounting office to submit all bills
for transportation, to be audited be-
fore being paid, instead of after be-
ing paid.
May Try to Collect.
Opponents of the controller aver
that he may attempt in the case
against the compensation commits
sion to disallow the payments for oc-
cupational diseases If made and then
attempt to collect the funds from the
disbursing officer himself, or from the
disbursing officers bonding company.
When the matter reaches this
stage, it is explained by McCarl's
opponents, he must go into the
courts. The Department of Justice.
the say, must file the suit for the
controller general. And there comes
a rub for the CONTROLLER, il is pointed
out. When he asks the Department
of Justice to file suit for recovery
of the funds from the disbursing
officers bonding company, the De-
parttnent is said to have right of
refusal to file such suit. 1t has been
known in the past to refuse to file
suit for controllers of the Treasury.
predecessors to the controller general
Former Decision.
| AS for the compensation commissin
! powers, it was pointed out yesterday
by an eminent legal expert that years
ago when similar question concern
ing the powers of the commission
came before the then controller Of the
Treasury, the controller ruled that the
matter was beyond his jurisdiction,
that the commission had fun power to
make its own decisions under the law.
In this, the former controller of the
Treasury was in agreement with the
recent opinion from the Department
of Justice
On the other hand, friends of Con-
troller McCarl point to the budget
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