A-10143, JUNE 26, 1925, 4 COMP. GEN. 1063

A-10143: Jun 26, 1925

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" IS NOT AVAILABLE FOR THE COST OF CERTAIN ALTERATIONS IN THE EXISTING PLANT FOR THE MANUFACTURE OF COTTON FABRICS AT THE ATLANTA PENITENTIARY SO AS TO PROVIDE ADDITIONAL FLOOR SPACE TO ENABLE THE MANUFACTURE OF OTHER CLASSES OF COTTON FABRICS NOT NOW MANUFACTURED AT THE PLANT. 1925: I HAVE YOUR LETTER OF JUNE 15. " IS AVAILABLE FOR COST OF CERTAIN ALTERATIONS IN THE EXISTING PLANT FOR THE MANUFACTURE OF COTTON FABRICS AT THE ATLANTA PENITENTIARY TO PERMIT THE MANUFACTURE OF DENIMS. YOU DESCRIBE THE PROPOSED ALTERATIONS AS FOLLOWS: * * * IT IS PROPOSED TO TEAR OUT A PART OF THE WALL ON THE SOUTH SIDE OF THE BUILDING AND ADD A LEAN-TO ABOUT 14 FEET WIDE IN ITS INTERIOR. THIS ALTERATION WILL GIVE AN ADDITIONAL FLOOR SPACE OF APPROXIMATELY 3.

A-10143, JUNE 26, 1925, 4 COMP. GEN. 1063

PUBLIC BUILDINGS, REPAIRS AND ALTERATIONS - ATLANTA PENITENTIARY THE APPROPRIATION "UNITED STATES PENITENTIARY, ATLANTA, GA., WORKING CAPITAL," IS NOT AVAILABLE FOR THE COST OF CERTAIN ALTERATIONS IN THE EXISTING PLANT FOR THE MANUFACTURE OF COTTON FABRICS AT THE ATLANTA PENITENTIARY SO AS TO PROVIDE ADDITIONAL FLOOR SPACE TO ENABLE THE MANUFACTURE OF OTHER CLASSES OF COTTON FABRICS NOT NOW MANUFACTURED AT THE PLANT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JUNE 26, 1925:

I HAVE YOUR LETTER OF JUNE 15, 1925, REQUESTING DECISION WHETHER THE APPROPRIATION "UNITED STATES PENITENTIARY, ATLANTA, GA., WORKING CAPITAL," IS AVAILABLE FOR COST OF CERTAIN ALTERATIONS IN THE EXISTING PLANT FOR THE MANUFACTURE OF COTTON FABRICS AT THE ATLANTA PENITENTIARY TO PERMIT THE MANUFACTURE OF DENIMS, DRILLS, NAINSOOK, AND SHEETING FOR SALE TO THE GOVERNMENT IN ACCORDANCE WITH BUREAU OF THE BUDGET CIRCULAR NO. 154, DATED APRIL 10, 1925. YOU DESCRIBE THE PROPOSED ALTERATIONS AS FOLLOWS:

* * * IT IS PROPOSED TO TEAR OUT A PART OF THE WALL ON THE SOUTH SIDE OF THE BUILDING AND ADD A LEAN-TO ABOUT 14 FEET WIDE IN ITS INTERIOR. THIS ALTERATION WILL GIVE AN ADDITIONAL FLOOR SPACE OF APPROXIMATELY 3,412 SQUARE FEET. THE WORK WILL BE PERFORMED BY PRISON LABOR, AND THE BUILDING MATERIALS PURCHASED UNDER CONTRACT. IT IS ESTIMATED THE FOLLOWING MATERIALS, AT AN AGGREGATE COST OF $5,770, WILL BE NEEDED:

CHART

330 TONS SAND ------------------------------------------------ $353

900 BBLS. CEMENT --------------------------------------------- 2,385

60,000 BRICKS ------------------------------------------------ 750

490 TONS GRAVEL ---------------------------------------------- 715

LUMBER FOR FORMS --------------------------------------------- 1,567

TOTAL ------------------------------------------------ 5,770

SECTIONS 5 AND 7 OF THE ACT OF JULY 10, 1918, 40 STAT. 897, AUTHORIZING THE ESTABLISHMENT OF THE FACTORY OR MILL FOR THE MANUFACTURE OF COTTON FABRICS, PROVIDE AS FOLLOWS:

SEC. 5. THAT THERE IS CREATED A FUND, TO BE KNOWN AS THE WORKING CAPITAL, WHICH SHALL BE AVAILABLE FOR THE CARRYING ON THE INDUSTRIAL ENTERPRISE AUTHORIZED HEREIN OR WHICH MAY BE AUTHORIZED HEREAFTER BY LAW TO BE CARRIED ON IN SAID PENITENTIARY. THE WORKING CAPITAL SHALL CONSIST OF THE SUM OF $150,000, WHICH SUM IS AUTHORIZED TO BE APPROPRIATED. THE RECEIPTS FROM THE SALE OF THE PRODUCTS OR BY PRODUCTS OF THE SAID INDUSTRIES AND THE SALE OF CONDEMNED MACHINERY OR EQUIPMENT SHALL BE CREDITED TO THE WORKING CAPITAL FUND AND BE AVAILABLE FOR APPROPRIATION BY CONGRESS, ANNUALLY, FOR THE PURPOSES SET FOR IN THIS ACT.

SEC. 7. THAT SAID WORKING CAPITAL SHALL BE DISBURSED UNDER THE DIRECTION OF THE ATTORNEY GENERAL AND SHALL BE AVAILABLE FOR THE PURCHASE, REPAIR, OR REPLACEMENT OF MACHINERY OR EQUIPMENT, FOR THE PURCHASE OF RAW MATERIALS OR PARTS, FOR THE EMPLOYMENT OF NECESSARY CIVILIAN OFFICERS AND EMPLOYEES AT THE PENITENTIARY AND IN WASHINGTON, FOR THE REPAIR AND MAINTENANCE OF BUILDINGS AND EQUIPMENT, AND FOR ALL OTHER NECESSARY EXPENSES IN CARRYING OUT THE PROVISIONS OF THIS ACT.

THE ACT OF NOVEMBER 4, 1918, 40 STAT. 1035, APPROPRIATED THE $150,000 FOR WORKING CAPITAL AS AUTHORIZED TO BE APPROPRIATED IN THE PREVIOUS STATUTE IN THE FOLLOWING TERMS:

* * * WORKING CAPITAL, $150,000 * * * PROVIDED, THAT THE SAID WORKING CAPITAL FUND AND THE RECEIPTS CREDITED THERETO MAY BE USED AS A REVOLVING FUND DURING THE FISCAL YEAR 1919.

EACH FISCAL YEAR SINCE THE ESTABLISHMENT OF THE PLANT THE WORKING CAPITAL AND RECEIPTS HAVE BEEN REAPPROPRIATED AS A REVOLVING FUND IN SIMILAR TERMS. FOR THE FISCAL YEAR 1925 SEE ACT OF MAY 28, 1924, 43 STAT. 223, AND FOR THE FISCAL YEAR 1926 SEE ACT OF FEBRUARY 27, 1925, 43 STAT. 1032. THE AMOUNTS THUS REAPPROPRIATED ARE AVAILABLE ONLY FOR THE SAME PURPOSES AS THE ORIGINAL WORKING CAPITAL OR REVOLVING FUND. THE PROVISIONS OF THE ACT ESTABLISHING THE PLANT, CREATING THE WORKING CAPITAL, DID NOT AUTHORIZE THE USE OF THE REVOLVING FUND FOR CONSTRUCTION OF BUILDINGS, BUT "FOR REPAIR AND MAINTENANCE OF BUILDINGS AND EQUIPMENT, AND FOR ALL OTHER NECESSARY EXPENSES IN CARRYING OUT THE PROVISIONS OF THIS ACT.' THE WORK "REPAIR" AS USED IN APPROPRIATION ACTS HAS BEEN DEFINED TO MEAN "TO MAKE OVER, TO RESTORE TO A GOOD OR SOUND STATE, AS REPAIRING THE ROOF, REPAIRING WINDOWS, OR REPAIRING THE OUTSIDE STEPS, ETC.' 20 COMP. DEC. 73. THE WORK INTENANCE," AS USED IN APPROPRIATION ACTS, HAS BEEN CONSTRUED TO REFER TO SERVICE ITEMS SUCH AS CONTINGENCIES, LAUNDRY AND TOWEL SERVICE, RUBBISH, ASHES, GARBAGE, ETC. 3 COMP. GEN. 881. THE PHRASE "ALL OTHER NECESSARY EXPENSES" REFERS TO CURRENT OR RUNNING EXPENSES OF A MISCELLANEOUS CHARACTER ARISING IMMEDIATELY OUT OF AND DIRECTLY RELATED TO THE WORK PERFORMED AT THE PLANT. IT IS NOT BOARD ENOUGH TO INCLUDE THE COST OF CONSTRUCTING ADDITIONS TO A BUILDING, NOR DEFINITE ENOUGH TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 3663, 3678, AND 3733 OF THE REVISED STATUTES. THE APPROPRIATION IN QUESTION HAS NEVER BEEN ITEMIZED IN ANY OF THE ANNUAL BUDGETS SUBMITTED TO CONGRESS, BUT HAS BEEN SUBMITTED TO CONGRESS FOR APPROPRIATION AS ONE LUMP SUM. THERE IS NO LANGUAGE IN THIS APPROPRIATION FOR WORKING CAPITAL, OR IN ANY OTHER APPROPRIATION UNDER THE DEPARTMENT OF JUSTICE, WHICH MAY REASONABLY BE CONSTRUED AS SPECIFICALLY AUTHORIZING EXPENDITURES FOR COST OF ADDITIONS TO THE BUILDINGS AT THE ATLANTA PENITENTIARY. REFERENCE IS MADE TO DECISION OF JUNE 30, 1922, A.D. 6838, ADDRESSED TO THE ATTORNEY GENERAL, HOLDING THAT THIS SAME APPROPRIATION FOR WORKING CAPITAL FOR THE FISCAL YEAR 1922 WAS NOT AVAILABLE FOR CONSTRUCTION OF WAREHOUSES IN WHICH TO STORE THE PRODUCTS OF THE COTTON-DUCK MILL. SEE ALSO GENERALLY THE DECISION OF THIS OFFICE DATED JULY 10, 1924, A-1876, HOLDING THAT THE APPROPRIATION "FOR REPAIRS AND NECESSARY ALTERATIONS TO BUILDINGS" OCCUPIED BY THE BUREAU OF STANDARDS WAS NOT AVAILABLE FOR THE CONSTRUCTION OF AN EXTENSION TO THE LABORATORY BUILDING, CITING 1 COMP. DEC. 33, 200; 3 ID. 134, 207; 7 ID, 684, 773; 11 ID. 119; 2 COMP. GEN. 301.

ASIDE FROM THE QUESTION OF AVAILABILITY OF APPROPRIATIONS FOR THE PROPOSED EXPENDITURE, THERE APPEARS IN THE ANNUAL APPROPRIATION ACTS FOR THE DEPARTMENT OF JUSTICE FOR THE FISCAL YEARS 1925 AND 1926, CITED ABOVE, THE FOLLOWING PROHIBITION:

APPROPRIATIONS IN THIS ACT UNDER THE DEPARTMENT OF JUSTICE SHALL NOT BE USED FOR BEGINNING THE CONSTRUCTION OF ANY NEW OR ADDITIONAL BUILDING, OTHER THAN THOSE SPECIFICALLY PROVIDED FOR HEREIN, AT ANY FEDERAL PENITENTIARY.

THE WORDS "ADDITIONAL BUILDING," GIVEN THEIR ORDINARY MEANING, REFER TO BUILDING OR BUILDINGS IN ADDITION TO STRUCTURES ALREADY IN EXISTENCE, EITHER ATTACHED THERETO OR SEPARATE. THE INTENT OF CONGRESS IS QUITE OBVIOUS THAT THE PROHIBITION IS DIRECTED AGAINST ANY BUILDING CONSTRUCTION WHATEVER AT FEDERAL PENITENTIARIES OTHER THAN THAT FOR WHICH SPECIFIC PROVISION HAS BEEN MADE. THE PROPOSED ADDITIONS TO THE BUILDINGS TO PROVIDE ADDITIONAL FLOOR SPACE OF APPROXIMATELY 3,412 SQUARE FEET WOULD BE WITHIN THIS APPROPRIATION-USE PROHIBITION. THE REVOLVING FUND IN ANNUALLY REAPPROPRIATED AND IS THUS FAIRLY WITHIN APPROPRIATION RESTRICTIONS. WOULD APPARENTLY BE EVASIVE OF THIS APPROPRIATION RESTRICTION TO INTERPRET THE REVOLVING FUND AS AVAILABLE FOR BUILDING, THE FUND NOT PROVIDING THEREFOR BY ITS TERMS.

IN YOUR SUBMISSION YOU EMPHASIZE PARTICULARLY THE NEED FOR ADDITIONAL FLOOR SPACE AND THE DESIRABILITY THEREOF FROM AN ECONOMIC STANDPOINT WHICH WILL RESULT FROM THE PURCHASE BY THE GOVERNMENT OF PRODUCTS MANUFACTURED AS WELL AS TO FURNISH THE PRISONERS AN OPPORTUNITY TO EARN WAGES FOR THE BENEFIT OF THEIR DEPENDENTS, UNDER AUTHORITY OF THE CONTROLLING STATUTE. I HAVE GIVEN THESE MATTERS THOUGHTFUL CONSIDERATION AND HAVE NO DESIRE TO APPEAR AS INTERFERING WITH THE FURTHERANCE OF SUCH PURPOSES, BUT THE NEED, NECESSITY, OR DESIRABILITY FOR THE EXPENDITURE DOES NOT AUTHORIZE THE USE OF THE APPROPRIATION FOR PURPOSES NOT FAIRLY WITHIN ITS TERMS AS PROVIDED BY CONGRESS, NOR OVERCOME THE SPECIFIC PROHIBITION OF LAW.