Evening star., 1926-08-16
Controller Decides Question
Propounded on Extension
to Park View Building.
$154.0 600 FUND AT ISSUE
WAS REAPPROPRIATED
District Auditor, Senator Phipps
and Representative Funk Declare
Limit Does Not Apply.

ContrOIler General MCCarl dealt a
severe blow to the District today when
he overruled a decision of District
Auditor Daniel J. Donovan and held
that an uneXpended balance of Si54,-
900 reappropriated for the acquisition
of a school site is subject 80 the price
limitation of % per cent above the
assessed value of land, placed on the
purchase of school and park sites in
the District appropriation act for the
current year.
Controller General McCarl also has
before him for decision a question
from the National Capital Park and
Planning Commission. which involves
the restriction of price placed by Con
gress on property, but no decision has
been reached in the matter. it was
said today.
The Park and Planning Commission
explained that it has total of $500
900 with which to purchase parks
and Fairgrounds, S150.000 of which IS
available for purchase at any price
found by, the commission to be fair.
Congress, however, the commission
said, placed a restriction upon the ex-
penditure Of the remainder, $3.50 600.
as follows: provided that the pur
chase price to be paid for any site
shall not exceed the latest fullvalue
assessment of such property plus 25
per centum of such assessed value"
The controller general has been
asked to decide whether the commits
sion may use the $45O.O00 fund for
purchase OF sites which have been
priced by courts in condemnation pro
ceedings at figure in excess of the
"a r11arCyip1 innoA In the
law.
The Park and Planning Commission.
it Is said, has encountered trouble in
obtaining desired land on account of
this limitation, and the District also
has had difficulty in obtaining new
school sites for the same reason. The
Park and Planning Commission
sought a ruling to expedite it's pur
chases. but the general Scholastic
buying program has heen allowed To
lag for the present. the Park View
matter arising only incidentally.
Voted for Third Story.
The $154,000 item on which the rul-
ing was handed down today was origi-
nally appropriated for a third-story
addition to the Park View school and
was not used because of the demands
of the citizens in that community for
an extension of the school instead Of
the third-story addition.
The ruling of the controller gen
eral was made in connection with two
questions propounded ny Maj w. II.
Holcombe, Assistant Engineer Com
missioner. These were:
rs the reappropriation of the unex-
pended balance of Sl54,000 subject 10
the limitation that purchases there
from may not ne made when the cost
of the site exceeds the full value as
sessment of the property. plus rs per-
centum of such assessed value?
rs the reappropriation of the uneX
pended balance of sl54, 900 available
for the purchase Of any school build
ing or playground site authorized to
be acquired in the five-year school
building program act. whether or not
such site is specifically mentioned i'll
the legislation quoted above"
Reply of McCarl.
Replying 10 these questions, the
controller general said:
1T appears clear that 1t was the
intention of the Congress in the enact
ment restricting the use of the ap-
preparation for the purchase of school
or playground sites, that such restric
tion as to sites shall apply to all
preparations made in said act, and not
merely to the lump sum appropriation
of sos, 500. 1t is obvious that the
placing of the restrictions upon the
use of appropriations made was but
a means of prohibiting the purchase
of sites at cost greater than the
full value assessed, plus 20 per cent,
and repeating the restrictions in that
part of the act reappropriating the
unexpended balance of the prior aD-
preparation was unnecessary to give eI-
feet to that intent, but on the con
trary, express exception therefrom
would have been necessary Ii the re-
striction was not intended to be ap-
plicable.
Il am accordingly constrained to
determine that the reappropriation
of the unexpended balance Of s154 900
is subject to the limitation that pur-
chases therefrom may not he made
when the cost of the site exceeds the
full value assessment of the property,
plus 25 per centum of such assessed
value. either for the purchase of sites
specifically enumerated in the act Of
May 10. 1926, or for the purchase Of
other sites authorized to be acquired
by the five-year school building pro.
gram authorized in the act OF Febru-
AIRY &c. 1926"
Donovan Views Different.
Auditor Donovan. in answering the
questions propounded by Maj Hal
combe. held that the unexpended bal
ance of $154.000 is not subject to the
25 per cent limitation, and that the
appropriation is available for the pur-
chase of any school site authorized by
the five-year school building program
act, whether such site is one of those
enumerated in the lump sum appro-
priation Of $703 500. or not.
THE language of the appropriation
re-appropriating this money said
the auditor. provides that It shall
he Lob rnL nf