A-65985, DECEMBER 20, 1935, 15 COMP. GEN. 545

A-65985, DECEMBER 20, 1935, 15 COMP. GEN. 545

PURCHASES OF LAND - TITLE CLEARANCE - PUERTO RICO RECONSTRUCTION ADMINISTRATION PAYMENT MAY BE MADE FOR LAND ACQUIRED BY THE PUERTO RICO RECONSTRUCTION ADMINISTRATION IN CONNECTION WITH THE EMERGENCY RELIEF PROGRAM UPON THE APPROVAL OF TITLE THERETO BY A REPRESENTATIVE OF THE ATTORNEY GENERAL EMPOWERED BY HIM TO PERFORM THAT DUTY IF SAID APPROVAL IS TO BE GIVEN FINALITY, BUT IF THERE HAS BEEN RESERVED TO THE ATTORNEY GENERAL A RIGHT OF REVIEW WITH RESPECT TO SAID TITLES, PAYMENTS MADE PRIOR TO FINAL ACTION BY HIM ARE NECESSARILY ON THE PERSONAL AND BONDED RESPONSIBILITY OF THE DISBURSING OFFICERS CONCERNED. 15 COMP. GEN. 359 AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, PUERTO RICO RECONSTRUCTION ADMINISTRATION, DECEMBER 20, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 25, 1935, AS FOLLOWS:

BECAUSE OF THE DELAY WHICH WOULD ATTEND THE TRANSMISSION OF TITLE PAPERS TO WASHINGTON FOR CERTIFICATION OF TITLE BY THE ATTORNEY GENERAL IN THE CASE OF LANDS ACQUIRED BY THIS ADMINISTRATION IN PUERTO RICO IT WAS FELT THAT WE WERE CONFRONTED WITH SERIOUS OBSTACLES TO THE CARRYING OUT OF THE PRESIDENT'S MANDATE AS TO THE SPEED WITH WHICH OUR PROGRAM WAS TO BE CARRIED OUT. IN THE HOPE THAT THESE DELAYS MIGHT BE AVOIDED WITHOUT ANY DEPARTURE FROM THE NORMAL COURSE OF OBTAINING THE APPROVAL OF THE ATTORNEY GENERAL FOR THE TITLE TO ANY LAND ACQUIRED BY THE UNITED STATES A NUMBER OF CONFERENCES HAVE BEEN HAD BY MEMBERS OF OUR LEGAL DIVISION WITH YOUR OFFICE, WITH THE ATTORNEY GENERAL'S OFFICE, AND WITH THE DISBURSING OFFICERS IN THE TREASURY. WE BELIEVE THAT THESE CONFERENCES HAVE RESULTED IN MUTUAL UNDERSTANDINGS WHICH WILL ENABLE CERTIFICATIONS OF TITLE TO BE MADE FOR THE ATTORNEY GENERAL IN PUERTO RICO, AND WHICH WILL ENABLE THE DISBURSING OFFICERS IN PUERTO RICO TO ISSUE CHECKS IN PAYMENT FOR LANDS TO WHICH THE TITLE IS SO CERTIFIED. IT IS THE PURPOSE OF THIS LETTER SIMPLY TO STATE THE PRESENT ARRANGEMENT AS UNDERSTOOD BY US FOR YOUR CONFIRMATION.

WE ARE ADVISED THAT THE ATTORNEY GENERAL, BY LETTER OF NOVEMBER 7, 1935, HAS AUTHORIZED AND EMPOWERED THE UNITED STATES ATTORNEY FOR PUERTO RICO TO SIGN OPINIONS AS TO TITLES TO LANDS IN PUERTO RICO BEING AND TO BE ACQUIRED BY THE PUERTO RICO RECONSTRUCTION ADMINISTRATION "FOR THE ATTORNEY GENERAL.' WE ARE ALSO INFORMED THAT BY OTHER LETTERS DATED NOVEMBER 7, 1935, THE ATTORNEY GENERAL NOTIFIED YOU AND THE SECRETARY OF THE TREASURY THAT SUCH AUTHORITY HAD BEEN CONFERRED UPON THE UNITED STATES ATTORNEY FOR PUERTO RICO, THAT THE PURPOSE THEREOF WAS TO PERMIT DISBURSING OFFICER AT PUERTO RICO PROMPTLY TO ISSUE CHECKS IN PAYMENT FOR LANDS PURCHASED BY THIS ADMINISTRATION IN PUERTO RICO, AND THAT WHEN THE UNITED STATES ATTORNEY'S OPINION AS TO REQUIREMENTS HAVE BEEN FOLLOWED AND DEED TO THE UNITED STATES RECORDED, THE ATTORNEY GENERAL WILL ISSUE FINAL OPINION ON TITLE IN CONFORMITY WITH THE UNITED STATES ATTORNEY'S FINDINGS. THERE WILL THUS BE ISSUED PRIOR TO THE MAKING OF PAYMENT AN OPINION AS TO THE VALIDITY OF THE TITLE WHICH WILL SHOW BY THE MANNER OF THE SIGNATURE THAT THE UNITED STATES ATTORNEY ISSUING IT HAS AUTHORITY TO DO SO ON BEHALF OF THE ATTORNEY GENERAL. SUBSEQUENT CONFIRMATORY ACTION BY THE ATTORNEY GENERAL WILL BE ON THE BASIS OF THIS OPINION.

WE UNDERSTAND FROM THE TREASURY DEPARTMENT THAT THE DISBURSING OFFICER IN PUERTO RICO WILL BE AUTHORIZED TO MAKE DISBURSEMENTS IN ACCORDANCE WITH THIS PROCEDURE; PROVIDED THAT IN YOUR OPINION SUCH PAYMENTS CAN VALIDLY BE AUTHORIZED. WE FURTHER UNDERSTAND THAT IT IS YOUR OPINION THAT PAYMENTS MAY VALIDLY BE MADE IN PUERTO RICO WHEN AN OPINION HAS BEEN HAD, BY THE UNITED STATES ATTORNEY ACTING FOR THE ATTORNEY GENERAL, THAT THE TITLE IS VALID.

THE LETTER OF NOVEMBER 7, 1935, FROM THE ATTORNEY GENERAL TO THIS OFFICE IS AS FOLLOWS:

I HAVE THIS DAY AUTHORIZED THE UNITED STATES ATTORNEY, A. CECIL SNYDER, AT SAN JUAN, PUERTO RICO, TO SIGN "FOR THE ATTORNEY GENERAL" OPINIONS UPON TITLES TO LANDS BEING ACQUIRED IN PUERTO RICO BY THE PUERTO RICO RECONSTRUCTION ADMINISTRATION, WHICH WAS ESTABLISHED BY EXECUTIVE ORDER OF MAY 28, 1935. THIS IS DONE IN ORDER THAT A DISBURSING OFFICER AT PUERTO RICO MAY PROMPTLY ISSUE CHECKS IN PAYMENT FOR LANDS PURCHASED BY SAID ADMINISTRATION IN PUERTO RICO. WHEN MR. SNYDER'S OPINION AS TO REQUIREMENTS SHALL HAVE BEEN FOLLOWED AND DEED TO THE UNITED STATES RECORDED, I SHALL BE GLAD TO ISSUE FINAL OPINION ON TITLE IN CONFORMITY WITH MR. SNYDER'S FINDINGS.

THIS LETTER WAS UNDERSTOOD BY THIS OFFICE AS EVIDENCING AN ARRANGEMENT BY THE ATTORNEY GENERAL WHEREBY, IN THIS PARTICULAR INSTANCE, HE HAD EMPOWERED THE UNITED STATES ATTORNEY, A. CECIL SNYDER, TO TAKE FINAL AND BINDING ACTION FOR HIM AND IN HIS BEHALF AS ATTORNEY GENERAL IN PASSING ON THE TITLE TO LANDS BEING ACQUIRED BY THE UNITED STATES IN PUERTO RICO FOR THE PURPOSES OF THE PUERTO RICO RECONSTRUCTION ADMINISTRATION, AND THAT THE SENTENCE---

WHEN MR. SNYDER'S OPINION AS TO REQUIREMENTS SHALL HAVE BEEN FOLLOWED AND DEED TO THE UNITED STATES RECORDED, I SHALL BE GLAD TO ISSUE FINAL OPINION ON TITLE IN CONFORMITY WITH MR. SNYDER'S FINDINGS.

WAS NOT INTENDED TO RESERVE TO THE ATTORNEY GENERAL A RIGHT TO REVIEW ACTION TAKEN BY MR. SNYDER WITH RESPECT TO TITLES, ESPECIALLY AFTER A PAYMENT HAD BEEN MADE ON THE BASIS OF MR. SNYDER'S APPROVAL OF TITLE, BUT WAS INTENDED RATHER TO GIVE FINALITY TO MR. SNYDER'S ACTION THROUGH PROMISE OF ADOPTION THEREOF, WITHOUT RESERVE, WITH RESPECT TO ANY FORMAL ACTION THE ATTORNEY GENERAL MIGHT THEREAFTER BE REQUIRED OR CALLED UPON TO TAKE ON THE SUBJECT MATTER.

NORMALLY, TITLES TO LANDS BEING ACQUIRED BY THE UNITED STATES ARE FOR EXAMINATION AND APPROVAL BY THE ATTORNEY GENERAL; BUT IN VIEW OF THE DISTANCE OF PUERTO RICO FROM THE SEAT OF GOVERNMENT, THE DELAYS NECESSARILY ENTAILED IN SENDING PAPERS TO AND FROM THAT TERRITORY, AND THE ADMINISTRATIVE INSISTENCE THAT SUCH DELAYS WOULD SERIOUSLY RETARD THE PROGRAM FOR EMERGENCY RELIEF, THIS OFFICE FELT JUSTIFIED IN WITHHOLDING OBJECTION TO USES OF THE PUBLIC MONEYS IN MAKING PAYMENTS FOR LAND UNDER SUCH ARRANGEMENT; BUT UNLESS THERE IS TO BE FINALITY IN THE ACTION TAKEN BY MR. SNYDER FOR THE ATTORNEY GENERAL, WHICH HAS BEEN THE UNDERSTANDING BY THIS OFFICE OF THE ATTORNEY GENERAL'S LETTER OF NOVEMBER 7, 1935, THEN ANY PAYMENTS MADE BY DISBURSING OFFICERS ON THE BASIS OF MR. SNYDER'S OPINIONS WITH RESPECT TO TITLES, AND PRIOR TO FINAL ACTION THEREON BY THE ATTORNEY GENERAL, WOULD NECESSARILY BE ON THE PERSONAL AND BONDED RESPONSIBILITY OF THE PARTICULAR DISBURSING OFFICER INVOLVED.