Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-14
|M'CARL REFUSES
FUNDSF FOR POOL.
Construction of Swimming
Basin at Mckinley School
Is Held Illegal.

Holding that the grounds of Mckin-
ley High School had been purchased
for school purposes. and not foi
park. parkway or playground pur'
poses" Controller General McCari to-
day refused the use of appropriations
for construction on those grounds of
public swimming pool, already being
built there.
Contract was let in October by the
director Of Public Buildings and Pub
lie Parks Of the National Capital 10
G. G. Loehler, local contractor, and
the swimming pool il now almost
one fourth complete. Foundations also
have been constructed for the bath
houses.
3 The controller general set forth a
long array Of facts presented by OPP
moments of the project. by the ONCE
nf the director Of Public Buildings and
Public Parks. Col. IT, s. Grant. I'd,
and by the Investigations of the gen
eral accounting Office.
McCarrs Decision.
1T must he concluded" said the de-
cision. first that the grounds OF the
Mckinley High School were pur-
chased for school purposes and were
not acquired for park, parkway OF
playground purposes; second, tnat
there is no appropriation available lot
the construction of swimming pools
intended primarily for use in connec.
lion with the work of the schools of
the District of Columbia; and third.
that the 4 appropriation of $l5O.00o
made by the act of March z. 1877, tot
the construction of two bathing pools,
IL available only for construction OF
pools located on land acquired prl'
marily for park, parkway or play
ground purposes. 81.
eft necessarily follows" the decision
said. that as the contract OF OCTOBER
6. 1927. was for the purpose for wh'ch
no appropriation is available, no pay
ments hereunder are authorizes,
Therefore, credit for any payments
heretofore or hereafter made unfer
said contract will not be allowed IN
the ACCOUNTS of the disbursing officer
making them.
Upheld by Commission.
The National Capital Park and ran
ming Commission, to which McCarl
referred the matter in his lnvestiGa-
tion of the problem. defended the use
of the appropriation, according TO the
decision.
Pointing out that the commission
had recommended the location
communication from the commission
said. 1.-The location and general oeslSn
of the pools also was approved Dy the
Commission of Fine Arts. The District
Commissioners and the Board OF ECU
cation concurred in the locations or
the pools" 5000 A..
The commission also referred 10
hearings before the subcommittee OF
the House, from which, the commas
sion said, 1T is evident that Congress
was fully aware of the locations pro-
nosed for the two pools and made the
appropriation for their construction
there. and also that. the District En-
eineer Commissioner. Col. Bell. repre-
eentinc the municipal authorities VINO
have jurisdiction over the site pro
posed, gave their approval. The TWO
pools referred to meant one Tor Wnite
persons and another for coloreo' TO oe
constructed elsewhere.
School Uses Denied.
"While the ground on which the
pool for Write persons is being Dulil
was bought by the Board OF Educa
tion." continued the commission, and
therefore was appropriated Tor WIN
other moneys for school purposes, the
plans for the development OF the
ground show that it never was intend-
ed for the construction of school build
ings. but for a playground,
McCarl in his decision countere9
this argument. The approval ano
Recommendation of the site by the
various agencies and individuals refer
red to could not affect the availability
of the appropriations involved. ne
said. '.They were considering the site
from an entirely different standpoint.
1t was not within their authority or
jurisdiction to determine whether the
site was available under the law for
the proposed use, and, for the pur-
poses of their consideration and rec
concentration, they no doubt assumed.
as of course, that the site was avail
able under the law.
Pools Not for Pupils.
while the term for school pur-
poses is broader or more comple-
hensive than the term for the cree
ton of school buildings said Nc
Carl. land would properly include the
construction of gymnasiums, stadiums
and similar facilities for the use OF
the pupils of the school for recrea-
ton purposes and might, under GER
tain conditions, include the construc.
ton of a swimming pool constructed
primarily for the use OF the pupils OF
the school if such pools were deemed
necessary for the proper recreation or
instruction of the pupils of the school.
the pools provided for under the cen
tract here involved are not intended
primarily for the use of the pupils at
tending the Mckinley High School, or
to be used in connection with any au-
thorized school work.
McCarl makes no reference to the
pool for coIored, which is to be con-
structed on grounds of the colored
Junior high school In Georgetown.
The matter was first referred to
McCarl by the Mckinley Technical
High School Alumni Association.
Col. Grant Indicated today he would
ask McCarl for reconsideration OF
the decision, on the grounds that Con-
gress appropriated the money for the
express site and for the purpose
intended.