IN RE CLAIM OF EDWARD A. FITZ HENRY, UNITED STATES DEPUTY SURVEYOR. As the General Land Office is charged with the duty of ascertaining the facts in relation to public surveys and is especially qualified for such duty, the accounting officers, in the absence of conclusive proof to the contrary, are not justified in overruling the conclusions of said office. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY, June 18, 1896. Edward A. Fitz Henry appeals from the decision of the Auditor for the Interior Department disallowing $346.76 in his account. This is a claim for surveying performed under contract No. 417 with the General Land Office, of May 31, 1893, which provides for compensation at the rate of $9 per mile for base, standard, meridian, and meander lines, $7 for township lines, and $5 for section and connecting lines, except where lines of survey pass over mountainous lands, or lands heavily timbered, or covered with dense undergrowth, and in such case at the rate of $25 for base, standard, meridian, and meander lines, $23 for township lines, and $20 for section and connecting lines. The contractor was instructed to prepare and present "field notes" fully setting forth the character of the lands over which the survey was made, in strict accordance with the Manual of Surveying Instructions, in the order, manner, language, etc., given in the specimen field notes. In several instances the contractor failed to comply with his instructions, and his field notes do not show how much of the survey was over mountainous lands, or lands heavily timbered, or covered with dense undergrowth. In those cases where the field notes failed to show affirmatively that the surveyor was entitled to the higher rates, the account was approved by the General Land Office at the lower rates, and so allowed by the Auditor. In presenting his appeal the claimant filed several affidavits, in which it is specifically alleged that all the lines ran over mountainous lands, and that the same were covered with heavy timber and dense undergrowth. In several particulars these affidavits directly contradict the affirmative statements made and sworn to by the surveyor in his field notes. In consequence of this, the affidavits in question were forwarded to the Com missioner of the General Land Office through the Secretary of the Interior, for his information, as the ascertainment of the facts relative to the character of the country surveyed lies peculiarly within the province of that office. Upon the evidence presented, the Commissioner of the General Land Office declined to review the findings made by him, based upon the facts as shown in the returns in the field notes of the surveyor. As that office is charged with the duty of determining such questions of fact and is especially qualified to make such determination, the accounting officers, in the absence of conclusive proof, would not feel justified in overruling the conclusions of the General Land Office. The action of the Auditor is accordingly affirmed. EDW. A. BOWERS, Assistant Comptroller. PAYMENT FOR SITES FOR PUBLIC BUILDINGS. In the purchase of sites for public buildings at the capitals of Wyoming, Idaho, and Montana, under authority contained in the sundry civil appropriation act for the fiscal year 1896, the appropriation therefor "available during the fiscal year" may be used after the expiration of the fiscal year in payment for sites accepted by the Secretary of the Treasury during the year, such acceptance constituting a contract for the service of the fiscal year within the meaning of section 3690, Revised Statutes. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY, June 19, 1896. SIR: I am in receipt of your letter of the 16th instant, stating that proposals have been accepted for the sale to the United States of property suitable for sites for public buildings at Boise City, Idaho; Cheyenne, Wyo., and Helena, Mont., authorized by the sundry civil appropriation act of March 2, 1895 (28 Stat., 913), and that proceedings are now in course through the Department of Justice to vest title in said sites in the Government. The clause authorizing the purchase of these sites is as follows: "To enable the Secretary of the Treasury to select, designate, and procure, by purchase or otherwise, suitable sites, and for the commencement of the construction of public buildings thereon, in the city of Cheyenne, the capital of Wyoming; in Boise City, the capital of Idaho, and in the city of Helena, the capital of Montana, there is hereby appropriated, out of any moneys not otherwise appropriated, the sum of fifty-five thousand dollars. Each of said sites shall contain at least sixteen thousand square feet of ground, and shall leave an open space around the building to be erected thereon, including streets and alleys, of at least forty feet; neither of said sites shall cost in excess of twenty thousand dollars, and neither of said buildings, each of which shall be fireproof, shall cost, including the site, heating and ventilating apparatus, elevators, fireproof vaults, and approaches complete, in excess of one hundred and fifty thousand dollars; the appropriations herein made shall be available during this fiscal year for the purchase of sites and the commencement of the construction of the buildings, with power to contract for each of the' buildings within the limit of one hundred and fifty thousand dollars for each site and building." You ask whether, in view of the language used in the last paragraph of the clause making an appropriation for these sites above quoted, payment can be made after the expiration of the present fiscal year, as it now appears that the title can not be vested in the United States by June 30, 1896. Although the language of this appropriation is somewhat peculiar, referring specifically to the fiscal year, in view of section 5 of the act of June 20, 1874 (18 Stat., 110), providing that appropriations for public buildings "shall continue available until otherwise ordered by Congress," it is at least doubtful whether these appropriations are limited to the fiscal year 1896. But even if so limited, the proposals having been accepted now constitute contracts, and therefore are within the provisions of section 3690, Revised Statutes, which authorizes all balances of appropriations contained in the annual appropriation bills and made specifically for the service of any fiscal year applicable to the "payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year." From some of the papers inclosed with your letter it appears that there are some minors interested in the property, and, therefore, as to these minors the proposals may not constitute legal contracts; but in my opinion that can make no difference, for steps having been properly taken to acquire the property during the present fiscal year, the expenses necessary to such acquisition, including the payment of the purchase price when the title has been perfected, are within the meaning of section 3690, Revised Statutes, expenses incurred within the fiscal year 1896, in accordance with a recent ruling of this office (ante, p. 547) "That where an appropriation is made for a specific improvement in an annual appropriation act so as to be limited to a particular fiscal year, and specifically authorizes the acquisition of land by condemnation, and proceedings to that end are instituted during the fiscal year for which the appropriation is made, all the necessary expenses of such proceedings, including the amount of the final judgment, are legal obligations of the Government and properly payable from this appropriation, notwithstanding the fact that the proceedings are not terminated during the fiscal year for which the appropriation is made. In such case the expenses of the suit and the final judgment are incidental to the purposes for which the appropriation is made, and, if not growing out of the fulfillment of contracts properly made within the year for which the appropriation is made, are still expenses properly incurred during that year within the meaning of section 3690, Revised Statutes." Respectfully, yours, R. B. BOWLER, The SECRETARY OF THE TREASURY. IN RE APPEAL OF JAMES C. DRAKE, UNITED STATES MARSHAL FOR THE DISTRICT OF WASHINGTON. A marshal is entitled to credit in his emolument account for payments to a deputy at the maximum rate allowed by law and approved by the Attorney-General; and such maximum is to be calculated from the time when the deputy took the oath of office after appointment. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY, Mr. James C. Drake, United States marshal for the district of Washington, appeals from the settlement by the Auditor for the State and other Departments of his emolument account for the calendar year 1894. In the settlement of that account the Auditor allowed Mr. Drake credit for fees earned by one of his deputies, J. B. Catron, at the rate of $3,000 per annum, the maximum allowable to a deputy United States marshal under section 841, Revised Statutes, and the regulations of the Attorney-General made in compliance therewith, from August 8, 1894, and not from June 29, 1894, as claimed by the marshal. It appears that Mr. Catron, having been duly appointed a deputy by Marshal Drake, took the oath of office prescribed by section 782, Revised Statutes, June 29, 1894, but did not perform any specific services until August 8, 1894; although it does not appear that he was not prepared to render any services which might have been required of him by Marshal Drake between June 29 and August 8. It is well-established law that in the absence of a specific provision to the contrary the pay of an officer begins from the time when, after due appointment, he qualifies for the office and holds himself in readiness to perform its duties. In accordance with this law it has been the established practice to allow the maximum compensation of a deputy marshal to be calculated from the time when he qualified for his office, although the fees which constitute his compensation may have been earned during only a portion of the time when he was in office. This is a matter of common occurrence when there is a new incumbent of the marshal's office, who immediately upon his appointment and qualification appoints his deputies, although some of them may not be required to perform services until some time after their appointment. Under this law and practice Deputy Catron was entitled to have his compensation calculated from June 29, 1894, when he qualified as deputy, and not from August 8, 1894, when he first performed services. Upon the revision of the marshal's account he will receive credit accordingly. R. B. BOWLER, IN RE CLAIM OF MISSOURI PACIFIC RAILWAY COMPANY FOR TRANSPORTATION OVER BRIDGE AT LITTLE ROCK, ARK. 1. Under "An act authorizing the construction of a bridge across the Arkansas River, at Little Rock, Ark.," of May 31, 1872, providing that "no higher charge shall be made for the transmission over the same of the mails, troops, and munitions of war of the United States than the rate paid for other transportation over the railroads or, public highways leading to said bridge," the fact that it is necessary in utilizing such bridge to construct about a thousand feet of railroad at either end of the bridge, which is used by the railroads leading to the bridge, does not create such a condition as justifies the conclusion that these roads do not lead to the bridge. |