The Washington times., 1935-03-09
NJ CARL BATTLE
SPLITS j. s.
OFFICIALS
Congress and Executives in
Hot Row Over Navy Travel
Allowance Denial

Both executive and legislative
branches of the Government to-
day were deeply embroiled in the
Swanson-McCarl battle over the
legality of certain minor Navy
Department expenditures, with
the President, two members OF.
the Cabinet and several men,
bers of Congress.
Comptroller General j. R. Nc
Carl, who ruled that Secretary
of the Navy Claude A. Swanson
could not pay the travelling ex.
penses of a retired naval officer
from his last post to his home,
is committed to a policy OF
standing pat" on his ruling,
which the Navy Secretary has
ordered disregarded.
Swanson to Explain
With members of Congress al
ternately backing the Administra.
ton, on the one hand, and the
Comptroller General, a Republican
appointee; on the other, the prin-
cipal interest in the controversy
rested with the scheduled appear
ance of Secretary Swanson before
a House Appropriations subcom-
mittee Monday to explain his de.
fiance of Mr.. McCarl's decision.
Senator George w. Norris (R0,
of Nebraska, today announced
himself behind the Comptroller
General, who was his secretary
back in 1914.
The Nebraskan pointed out that
his one-tin1e secretary followed an
opinion of the Supreme Court in
handing down his decision, add
ing:
Remember, in conflicts of
this sort, the Supreme Court is
the highest authority
The President, himself, entered
the fracas yesterday when he re.
vealed that he and the members
of his Cabinet had decided that
Secretary Swanson should disre.
gard the Comptroller's ruling.
New Deal Row Involved
Whether the small expenditures
involved was made the issue of
major controversy because the
Comptroller General has recently
made several decisions refusing
to authorize New Deal expenses
was ! matter for considerable de-
bate today.
The President feels that the At
torney General and not the Gen.
eral Accounting Office should
have the authority to decide on
Government expenditures.
Although the situation is re-
garded as unprecedented, Attorney
General Homer S. Cummings, who
has backed the Navy Secretary in
his action, said today that he was
quite sure such matters have been
taken to the President for settle
ment in previous administrations.
Court Rulings Cited
Referring to decisions in the
Court of Claims, Attorney General
Cummings declared:
"The new thing appears to
me to be the fact that the
Comptroller General has re-
fused to follow the courts. The
courts have held that travel pay
allowances should be given to
retired officers in the circum-
stances of their being sent
home on the day of their re-
tirement, and yet the COmptrOl-
Ter General refuses to recognize
this fact"
Suit Unlikely
It is the opinion in most schools
of thought on the situation that
Congress is the final authority in
this matter. The Comptroller
General is a creature of Congress,
and it is thought that the legis-
lative branch of the Government
should decide what to do.
On the other hand, when suits
are brought by the Government.
they must be filed by the D
partment of Justice, and since til
Attorney General has backed tt
Navy Secretary, it is not probab
that he would file a suit recor
mended by the Comptroller G.
eral growing out of this case.