Evening star., 1926-08-23
McCarI Says Restriction on
Purchase Figure Must
Be Kept to Letter.
AUTHORITY OF CONGRESS
SUPREME, HE DECLARES
Planning Commissions Only Hope
of Relief Is by Appeal at
Next Session.

The move of the National Capital
Park and Planning Commission to get
a more liberal Interpretation of the law
limiting land purchases to n price %
per cent in excess of the assessed
value failed today. when Controller
General McCarl ruled the act of the
last Congress must be followed TO the
letter.
The commission has encountered
trouble in acquiring land for parks
and Fairgrounds under this stipula
ton. and sought from the controller
an opinion as TO whether il could
legally buy property if, in Condem
nation proceedings the court fixed Il
price above the - per cent limit.
In reply McCarl said ~that Con-
gress has sole power with regard to
appropriations, and that the only
avenue of relief for the commission
would be resubmission of the ques-
ton to Congress.
Follows School Site Rule.
The decision followed along the
lines of one the controller rendered
last week and later refused to review
with regard to sl54,o00 fund reap
propriated for school sites, and which
caused Lieut. Col. !. Franklin Bell
Engineer Commissioner, 10 decide
tentatively to appeal to Congress-. as
the Commissioners also have heen uh
able to purchase desired land tor
school sites by reason of the price
limitation.
Ofacials seeking liberalization ~
the law because of the problem IL
- L., coll IY
advanced since the last assessment
On which the % per cent margin
must be based
The sum of $450. 600 is affected hv
the MeCarl decision today, S15N.0on
OF the $500 900 available for park and
playground purchases having heen
exempted from the 70 per cent ruling.
Aim Held Clear.
THE general ihtent Of the proviso
III the appropriation act. said the
Controller General "is C1ear--that
Congress intended 10 limit the price
to be paid for lands acquired The
doubt which is suggested is with re-
latiou la the fact that land may be
acquired through two different basic
methods. one commonly by agree
ment and the other by condemna-
with relat ton TO price. In the pro
yiso. it does not necessarily restrict
the limitation to the acquisition OF
lands by agreement as distinguished
from by condemnation. The view
rather is justified that il an excep-
ton were intended to the limitation
it would have been clearly expressed;
to wit. to the effect that it shall not
apply to acquisition by Condemna-
ton.
The language is not obscure. but
is broad and comprehensive as 10 tho
intent that there shall be limit
upon the purchase price. AS 10 such
limit the purchase price must he the
amount paid, whether il he payable
through agreement for the acquisi
ton Of the land or by condemnation
proceedings. and there is no author
ity to narrow the purchase price 10
the single method of acquisition by
agreement.
Opposed High Prices.
THE legislative record discloscs
that throughout the consideration OF
the matter the Congress was serious
lv concerned respecting the amounts
paid and to- be paid for lands. there
being a showing that approximately
60 per cent over the assessed value
had been paid for some 20 parcels OF
land acquired for park purposes. This
concern was repeatedly expressed anu
was finally reduced and embodied in
the proviso restricting the uses OF
the appropriation made. Any linlita-
tion of 25 per centum over the as
sessed value of the land which would
be escaped through court proceedings
as provided in section 3 Of the act OF
nhVInlICtN
make the limitation useless as mat
ter of practical procedure.
"The intent, as expressed in the
statute, is to prevent the use OF the
remainder of the appropriation to
pay more than % per centum OF the
unearned increment of the land as
measured by the assessed value, re-
gardless of the method OF acquisition
of said land and such intent as eX-
pressed in the enactment may not be
disregarded or liberalized.
Congress- Authority Supreme.
"The Congress has the sole power.
under article /. section, 9 of the Con
stitution. to appropriate moneys and
il may in its limitations upon the
uses of public funds appear from some
vieWpoints unnecessarily restrictive.
hut the responsibility Is that of the
Congress and its authority therein
being supreme the only resource is
through further submission thereto.
Accordingly, have to advise YOU
that. with reference to that portion
of the appropriation 10 which the limi-
tation applies. the commission Is not
authorized by the terms of the appro-
priation act Of May 10. 1926. 10 pay
for any site, regardless Of the method
Of acquisition. a price exceeding the
full assessment value of such prop
erty last made before purchase, plus
25 per centum Of such assessed value"
AN NIIFFTlrt n hHAu m