Evening star., 1923-06-24
M'CARL DECLARES
CONGRESS IS ONLY
|. POWER ABOVE HIM
Controller General FIatIy Re-
iects Daugherty's Opinion
on Compensation.
ANSWERS COMMISSIONS
DECISION TO PAY CLAIMS
Dispute Over 0ccupational Diseases
Brings Sharp Assertion of Off
cial's Prerogatives.

Controller General McCarl, whose
authority in the disbursement of pub
lie funds has been challenged several
times by cabinet members and other
officials. has informed President
Harding that he regards his decisions
as final, and appealable only to Con-
gress. He is willing to consider"
the views Of interested officials at
all times. but the opinion of none OF
them, he holds, is controlling on his
office.
The controller generals "declara-
tion of Jurisdiction came to light
yesterday in publication of monthly
| rulings by the general accounting
office. The statement bore directly
on an opinion handed down in May
by the Attorney Generals office, con-
strung portions of the federal en-
| ployes compensation act contrary to
a decision by the controller gen.
| eral. McCarl indicated he would
decline to approve disbursement
vouchers from the compensation
commission despite the ruling of the
Department of Justice, unless the
payments were in accordance with
| the controller generals view of the
| law.
Commission States Policy.
Earlier in the day Mrs. Bessie p.
Brueggeman, chairman of the COM
| mission, had announced that it would
pay cases dealing with occupational
diaaQ "a nc fnr Nv FcfN u haa
held that such payments were to be
| made only in cases where injuries
| were determinable in point of time.
while the Department of Justice had
agreed with the commission that
! such a restriction was unnecessary.
The opinion Of the Attorney Cen
erals Office was transmitted to Mr..
McCarI late In May and he wrote the
President that to follow such a ruling
| would result in the unauthorized ex-
| penditure of public funds on unlawful
awards"
THE opinion of the Attorney Gen
eral as to matters regarding which he
may with propriety express an opin-
| ion," the letter said, sis entitled to
most respectful consideration and
great weight, but even such an opin-
ion is advisory and lacks the force of
a judicial determination. Most infre-
| quently have attorneys general ex-
pressed opinion on a matter deter
mined by another official"
| Defines His Powers.
| Mr.. McCari continued that he could
| not regard the opinion as sanctioning
payment by the commission since that
meant for the commission to disre-
| gard the decision of the comptroller
general.
THE soundness of the decision need
not be discussed" the letter contin-
| ued. "but it seems proper to suggest
| the absence of any mention therein of
the basic laws which control all
branches of the government in the
use of public funds and places the
duty upon this office to see that the
laws with respect thereto are duly OBJ
| served.
Broad discretion is vested in the
| employees compensation commission
| by the act creating it, and as to the
exercise of this discretion this office
| is not concerned, but there is no
power given the commission to dis
regard the provisions of the law in
granting awards of making payments
of public funds.
Sees Peril to Treasury.
ITO hold that, in the examination
of the commissions accounts, this
Office may not refuse credit for pay
ments made. in violation of law,
would be to disregard the clear in
tent of the law, make Intellectual the
provision that the action of this Office
shall be final and conclusive upon
the executive branch of the govern
ment,' abandon all pretense of ac-
Icountability for public funds and
destroy a sound accounting procedure
that has been built up through the
experience of more than a century.
IT am always pleased to consider
most carefully the views of any in
terested branch of the government in
connection with any matter before
me or in support of a proper request
| for reconsideration of action taken,
but I may not accept the opinion of
any official inclusive of the attorney
general as controlling my duty
under the law"
I