Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-05
MCARL'S VITAL NEED
CALLED 4 PRESS AGENT
More Informal Wording in His Rulings
OH Expenditures Seen Way to
"Temper the Winds"

t-oller General does not regard the At
torney General as a judicial officer OF
the Government who may hand down
decisions He looks upon him as the
chief trial lawyer of the Government
who may give an opinion. But it is
only an opinion The Controller Gen
eral. however, may not only give an
opinion but his decision is conclusive
on all branches Of the executive depart
mentS. The Attorney General may opine
all day. but the Controller General can
decide He does.
The Controller General has been ac-
cused Of failing TO abide by decisions
Of the lower courts. His view, however.
Is that only one court in the land is
capable Of finally deciding a question
which affects such vitality important
Office as his, and that is the United
States Supreme Court He has fought
every case involving an important prin-
ciple as far up as he can carry it.
One Of the most interesting OF these
court cases went against him. The Con-
troller General came TO the conclusion
that a good many naval officers were
drawing compensation for dependents
who were. as matter Of fact. not de-
pendent. Previously. il had been the
practice of the Navy Department TO
accept an officers statement that his
mother. for instance. was dependent
uoor him for support. Mr.. McCarl re-
CURED proof of this statement and in
some cases the proof submitted was
not satisfactory. He not only stopped
the payment Of compensation for de-
pendentS. but ordered that the officers
should refund TO the Government what
they had been paid. In some instances
this amount was very large, so the Con-
troller General ordered it recouped by
docking the officers pay 20 per cent
month. This was. of course, not pleas
! ing TO the naval officers. who referred
/ to Mr.. McCarl by names which sailors
use when angered.
Obtain Injunction.
They did more and obtained an in
! junction in the District courts which
prevented Mr.. McCarl from reducing
| their pay. The question at issue. how
ever was not Mr. McCarls right to
! stop the payment of allowances for de-
pendents but whether he could reduce
/ the pay of an officer OF the United
/ States in order TO collect q debt from
/ him The courts. said he could not.
Other attempts TO compel the Con-
] trolier General TO pay funds from the
Treasury by obtaining mandatory in
junction or writS OF mandamus have
failed. the courts holding that there is
no jurisdiction 10 issue such a writ TO
compel a payment from the Treasury
involving more than q ministerial duty
Mr. McCarl's job might not have
been so conducive TO indignant criti-
cism were it not for the fact that il
replaced system which was working
, very nicely as far as the executive end
OF the Government was concerned.
! Little by little Congress had allowed its
! supervision or audit of expenditures
and receipts TO slip from its fingers 10
the executive departments. The dis
bursting officers were located in the ex-
I ecutive departments and the auditors
we're under control Of an executive de-
partment--the Treasury. Under the old
system a disbursing officer might have
been approached by the head OF his
department. who would say. in effect:
John. need new rug in my Office
Now, here's $500 in this appropriation
bill for the eradication OF rats. We
have no rats this year. 50 let's spend
this $500 on rug, and I'll fix 1t up II
there are any questions asked" So the
rug would be bought. and If any ques-
tons were asked they would be an
swered to the satisfaction of the audi
tors. whose Jobs depended upon the
S0J1 va hsiEI Ltl4flS.
His Rule is Different.
There vas nothing strictly dishonest
about this. II was rather open and
above board But under the McCarl
regime II is different, A disbursing
officer who is approached by his SUI
perior with the proposal 10 buy some
fine desks and new rug. may furnish
the money But IL the appropriation l.
not specifically worded 70 include the
purchase OF the rug and the furniture
the d2sburSing officer is out OF luck
For II McCarl diSalIows the expenditure
and he will the disbursing officer must
either get il back from the furniture
. store. and the furniture store must
count on Congress 10 reimburse It.: he
must go 70 Congress himself and OBJ
tain relief. or the controller general
. will call upon the disbursing officers
surety 70 make good on his bond.
That there are many such instances
. Is indicated In the fact that In the
last fiscal year the controller general
collected o:er seven millions Of money
. Illegally expended b. the Executive De-
partment-&i4s7 Sl OF IL being from
he Treasury Department alone. To
prevent these illegal expenditures In
the future, Mr. McCarl wants two
. AltggsEE ODs3Es fN vi
all expenditures. Before money Is spent
now. the controller general Is often
called upon foT All opinion as 10 the
J legality III spending 1t. This advice IL
, given when asked for Mr. McCarl
wants the pre-audlt mandatory. 50 that
not one penny VIII be spent until pass
&c upon by a proper auditing body In
dependent VI the spending agency
This would save time expense and ef'
torl In getting IL back II wrongly used
. And IN addition he does not believe
: that the pFeaent system of having more
than 900 diAburSing officers making
payments o! expenses incurred by thei,
superior Officers TO whom they are re-
S.,Dnslble not only for their advance
uifnt but for retention IN their posi-
> tA5f4h b. Il good system. He wants q
system that viii substitute 30 ofilcers
iUs these 900 oF more disbuTsing of-
tlcfrs. and he wants them ~ be be'
Z Yono the control u the Executive DE
paftuleDt heads and directly under thf
! Secretary u the Treasury
AttackA Ifreguiarity.
M Mccall ffoYns upon any !fregu.
: lality ~ spending UncIe Sans money
: although IL may have been cOndDnet
= Dy tile President III the United states
= nim@e!f When The Florida real eEtEta
5 dealers, some III whom were farmers
y were stricken by the hurricane and
2 foods IN 1926 IL ~as necessary that th'
I / Government extend some aid Bu
= there was no money W tzpend IL with
f. for Congress Was not III session IL VIA
3 found however. that the Department o
| Agriculture had some money for III
. suppression III fo0t-anc mouth dlseah
= and there was no foot mouth dis
r essE " suppress
4 With the Authorization of the Pres
20 ldeJl, aud Gen LORD. money vas mad
- available out III this fund 10 the farm
4 efs II FIoflda under the seed loan aeI
r f:3it was Nj McCari asked for pte
T. audit ~ this expenditure lie was mol
Ia. Aae EitnilLuAnEcllY aYnldf0 fnC b