A-15373, AUGUST 28, 1926, 6 COMP. GEN. 166

A-15373: Aug 28, 1926

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IS PROPERLY CHARGEABLE WITH THE COMPENSATION OF THE SPECIAL COUNSEL APPOINTED BY THE PRESIDENT UNDER THAT RESOLUTION. AT SUCH RATES AND IN SUCH AMOUNTS AS MAY HAVE BEEN FIXED IN ADVANCE WITH THE AUTHORIZATION OR APPROVAL OF THE PRESIDENT. 1926: I HAVE YOUR LETTER OF AUGUST 9. A RULING IS REQUESTED UPON THE QUESTION. IS AVAILABLE FOR THIS PURPOSE. MORROW WAS APPOINTED UNDER DATE JUNE 5. THE APPOINTMENT STATING THAT HIS COMPENSATION WAS TO BE PAID FROM THE APPROPRIATION PROVIDED BY PUBLIC RESOLUTION NO. 8 OF FEBRUARY 27. MORROW HOLDS HIS APPOINTMENT IS NOT THE CANCELLATION OF NAVAL RESERVE OIL LEASES BUT THE INSTITUTING OF PROCEEDINGS TO ASSERT AND ESTABLISH THE TITLE OF THE UNITED STATES IN CERTAIN TRACTS OF LAND WITHIN THE EXTERIOR LIMITS OF NAVAL RESERVE NUMBERED ONE IN THE STATE OF CALIFORNIA AND TO TAKE SUCH STEPS TO PREVENT OR ARREST THE EXHAUSTION OF THE OIL WITHIN SUCH TRACTS OF LAND.

A-15373, AUGUST 28, 1926, 6 COMP. GEN. 166

APPROPRIATIONS - AVAILABILITY FOR PAYMENT OF COMPENSATION OF SPECIAL COUNSEL FOR PROTECTION OF NAVAL RESERVE OIL LANDS THE APPROPRIATION CONTAINED IN THE ACT OF JULY 3, 1926, 44 STAT. 858, FOR THE "PROTECTION OF INTEREST OF THE UNITED STATES IN MATTERS AFFECTING OIL LANDS ON FORMER NAVAL RESERVES," BEING MADE BY ITS TERMS SPECIFICALLY AVAILABLE FOR THE EXPENSES, ETC., INCURRED DURING THE FISCAL YEARS 1926 AND 1927 IN THE CARRYING OUT OF THE PROVISIONS OF PUBLIC RESOLUTION NO. 6, FEBRUARY 21, 1924, IS PROPERLY CHARGEABLE WITH THE COMPENSATION OF THE SPECIAL COUNSEL APPOINTED BY THE PRESIDENT UNDER THAT RESOLUTION, AT SUCH RATES AND IN SUCH AMOUNTS AS MAY HAVE BEEN FIXED IN ADVANCE WITH THE AUTHORIZATION OR APPROVAL OF THE PRESIDENT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, AUGUST 28, 1926:

I HAVE YOUR LETTER OF AUGUST 9, 1926, REQUESTING DECISION ON A QUESTION STATED THEREIN AS FOLLOWS:

IN ORDER THAT THE DEPARTMENT MAY BE ABLE TO RECOMMEND TO THE PRESIDENT THE ALLOWANCE OF SUCH ADDITIONAL COMPENSATION AS MAY DEEMED JUST FOR SPECIAL COUNSEL W. C. MORROW, A RULING IS REQUESTED UPON THE QUESTION, WHETHER THE APPROPRIATION OF $60,000 FOR THE "PROTECTION OF INTEREST OF THE UNITED STATES IN MATTERS AFFECTING OIL LANDS ON FORMER NAVAL RESERVES" CONTAINED IN THE SECOND DEFICIENCY ACT, FISCAL YEAR 1926, APPROVED JULY 3, 1926, IS AVAILABLE FOR THIS PURPOSE.

THE APPROPRIATION IN QUESTION APPEARING IN THE ACT OF JULY 3, 1926, 44 STAT. 858, UNDER THE HEADING "MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE," PROVIDES AS FOLLOWS:

PROTECTION OF INTEREST OF THE UNITED STATES IN MATTERS AFFECTING OIL LANDS ON FORMER NAVAL RESERVES: FOR COMPENSATION AND EXPENSES OF SPECIAL COUNSEL AND FOR ALL OTHER EXPENSES, INCLUDING EMPLOYMENT OF EXPERTS AND OTHER ASSISTANTS AT SUCH RATES AS MAY BE AUTHORIZED OR APPROVED BY THE PRESIDENT, IN CONNECTION WITH CARRYING INTO EFFECT THE "JOINT RESOLUTION DIRECTING THE SECRETARY OF THE INTERIOR TO INSTITUTE PROCEEDINGS TOUCHING SECTIONS 16 AND 36, TOWNSHIP 30 SOUTH, RANGE 23 EAST, MOUNT DIABLO MERIDIAN," APPROVED FEBRUARY 21, 1924, INCLUDING OBLIGATIONS HERETOFORE INCURRED, FISCAL YEARS 1926 AND 1927, $60,000, TO BE EXPENDED BY THE PRESIDENT.

MR. MORROW WAS APPOINTED UNDER DATE JUNE 5, 1924, BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, SPECIAL COUNSEL TO PROSECUTE PROCEEDINGS UNDER THE PROVISIONS OF PUBLIC RESOLUTION NO. 6, APPROVED FEBRUARY 21, 1924, 43 STAT. 15, THE APPOINTMENT STATING THAT HIS COMPENSATION WAS TO BE PAID FROM THE APPROPRIATION PROVIDED BY PUBLIC RESOLUTION NO. 8 OF FEBRUARY 27, 1924, 43 STAT. 16. SAID APPROPRIATION PROVIDED $100,000 TO BE EXPENDED BY THE PRESIDENT FOR THE PURPOSE OF EMPLOYING THE NECESSARY ATTORNEYS AND AGENTS AND FOR SUCH OTHER EXPENSES AS MIGHT BE NECESSARY IN CONNECTION WITH INSTITUTING AND CARRYING ON ANY SUITS OR OTHER PROCEEDINGS, ETC., IN RELATION TO THE CANCELLATION OF ANY LEASES ON OIL LANDS IN FORMER NAVAL RESERVES.

THE MATTER DEALT WITH IN PUBLIC RESOLUTION OF FEBRUARY 21, 1924, CITED ABOVE, UNDER WHICH MR. MORROW HOLDS HIS APPOINTMENT IS NOT THE CANCELLATION OF NAVAL RESERVE OIL LEASES BUT THE INSTITUTING OF PROCEEDINGS TO ASSERT AND ESTABLISH THE TITLE OF THE UNITED STATES IN CERTAIN TRACTS OF LAND WITHIN THE EXTERIOR LIMITS OF NAVAL RESERVE NUMBERED ONE IN THE STATE OF CALIFORNIA AND TO TAKE SUCH STEPS TO PREVENT OR ARREST THE EXHAUSTION OF THE OIL WITHIN SUCH TRACTS OF LAND. APPROPRIATION SPECIFICALLY AVAILABLE FOR THE PURPOSE CONTEMPLATED UNDER THE RESOLUTION OF FEBRUARY 21, 1924, WAS MADE UNTIL THE APPROPRIATION OF $60,000 IN THE SECOND DEFICIENCY ACT FOR THE FISCAL YEAR 1926, SUPRA, WHICH AMOUNT WAS MADE AVAILABLE FOR THE PAYMENT OF EXPENSES INCURRED DURING THE FISCAL YEARS 1926 AND 1927.

THE APPROPRIATION "PROTECTION OF INTEREST OF THE UNITED STATES IN MATTERS AFFECTING OIL LANDS ON FORMER NAVAL RESERVES" AS IT APPEARS IN THE ACT OF JULY 3, 1926, SUPRA, BEING MADE SPECIFICALLY FOR THE PAYMENT OF COMPENSATION AND EXPENSES OF SPECIAL COUNSEL, ETC., IN CONNECTION WITH THE PURPOSE OF THE RESOLUTION OF FEBRUARY 21, 1924, IS ACCORDINGLY AVAILABLE FOR THE PAYMENT OF ANY COMPENSATION DUE MR. MORROW FOR SERVICES RENDERED IN THE FISCAL YEARS 1926 AND 1927 IN CARRYING OUT THE PURPOSE OF THE RESOLUTION OF FEBRUARY 21, 1924, PURSUANT TO THE APPOINTMENT OF JUNE 5, 1924, AT SUCH RATES AND IN SUCH AMOUNTS AS MAY HAVE BEEN AUTHORIZED OR APPROVED BY THE PRESIDENT. SUCH APPROPRIATION MAY NOT BE CONSTRUED, HOWEVER, AS AUTHORIZING A RETROACTIVE INCREASE IN THE RATE OF COMPENSATION AS PREVIOUSLY FIXED OR APPROVED BY THE PRESIDENT IN THE CASE OF MR. MORROW.