A-21325, FEBRUARY 13, 1928, 7 COMP. GEN. 472

A-21325: Feb 13, 1928

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000 IS NOT IN VIOLATION OF LAW WHEN THE AGGREGATE OF CONTRIBUTED FUNDS AND THE APPROPRIATION MADE FOR THE PURPOSE ARE SUFFICIENT TO COVER. BEFORE A CONTRACT FOR THE ERECTION OF THE BUILDING IS ENTERED INTO. INCLUDING SUCH AS ARE REPRESENTED BY SECURITIES. 1928: I HAVE YOUR LETTER OF JANUARY 19. THERE IS INCLOSED HEREWITH CERTIFICATE EXECUTED BY THE VICE PRESIDENT OF THE AMERICAN SECURITY AND TRUST COMPANY PURSUANT TO THE RESOLUTION OF THE MEMORIAL FUND COMMITTEE. CERTIFYING THAT THERE ARE ON HAND SECURITIES AND CASH IN THE AMOUNT OF $374. IS UNOBLIGATED. BIDS WERE OPENED IN THIS OFFICE FOR THE ERECTION OF THE MEMORIAL BUILDING IN ACCORDANCE WITH PLANS AND SPECIFICATIONS. IT IS EVIDENT FROM THE INCLOSED CERTIFICATE OF THE TREASURER OF THE MEMORIAL FUND COMMITTEE THAT TOGETHER WITH THE BALANCE OF THE UNITED STATES APPROPRIATION.

A-21325, FEBRUARY 13, 1928, 7 COMP. GEN. 472

PUBLIC BUILDINGS - CONTRIBUTIONS TOWARD THE CONSTRUCTION OF UNDER JOINT RESOLUTION OF JUNE 7, 1924, 43 STAT. 665, AUTHORIZING AN APPROPRIATION OF $150,000 AS A PART CONTRIBUTION TO THE ERECTION OF A MEMORIAL BUILDING TO THE WOMEN OF THE WORLD WAR, AND PROVIDING THAT THE AMOUNT SO APPROPRIATED SHOULD NOT BE EXPENDED UNTIL THERE SHOULD BE RAISED BY PRIVATE SUBSCRIPTIONS AN ADDITIONAL AMOUNT OF $150,000, THE ENTERING INTO OF A CONTRACT FOR THE CONSTRUCTION OF THE MEMORIAL BUILDING AT A COST OF $496,000 IS NOT IN VIOLATION OF LAW WHEN THE AGGREGATE OF CONTRIBUTED FUNDS AND THE APPROPRIATION MADE FOR THE PURPOSE ARE SUFFICIENT TO COVER, AND THE LAW AUTHORIZING THE ERECTION OF THE MEMORIAL PROVIDES THAT THE BUILDING WITH EQUIPMENT SHOULD COST NOT LESS THAN $300,000. AS THE LAW AUTHORIZING THE ERECTION OF A MEMORIAL BUILDING TO THE WOMEN OF THE WORLD WAR PROVIDES THAT THE EXPENDITURES FOR SUCH BUILDING SHOULD BE MADE UNDER THE DIRECTION OF A COMMISSION THEREIN DESIGNATED, THERE SHOULD BE PLACED UNDER THE ADMINISTRATIVE CONTROL OF SAID COMMISSION, BEFORE A CONTRACT FOR THE ERECTION OF THE BUILDING IS ENTERED INTO, CONTRIBUTED FUNDS, INCLUDING SUCH AS ARE REPRESENTED BY SECURITIES, SUFFICIENT IN AMOUNT TO COVER, TOGETHER WITH THE APPROPRIATED MONEY, THE ENTIRE COST OF THE BUILDING, INCLUDING ITS COMPLETE EQUIPMENT, THE FUNDS CONTRIBUTED AND THE APPROPRIATED MONEYS TO BE DISBURSED AND ACCOUNTED FOR AS GOVERNMENT FUNDS.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR OF PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL, FEBRUARY 13, 1928:

I HAVE YOUR LETTER OF JANUARY 19, 1928, AS FOLLOWS:

THE ACT APPROVED MARCH 4, 1925, PUBLIC NO. 631, 68TH CONGRESS, TO SUPPLY DEFICIENCIES AND TO PROVIDE SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEARS ENDING JUNE 30, 1925, AND JUNE 30, 1926, APPROPRIATED THE SUM OF $150,000 FOR A PART CONTRIBUTION TO THE ERECTION OF A MEMORIAL BUILDING TO THE WOMEN OF THE WORLD WAR UNDER THE PROVISIONS OF PUBLIC RESOLUTION NO. 27, 68TH CONGRESS, APPROVED JUNE 7, 1924. IN ACCORDANCE WITH THE REQUIREMENTS OF THIS ACT, THERE IS INCLOSED HEREWITH CERTIFICATE EXECUTED BY THE VICE PRESIDENT OF THE AMERICAN SECURITY AND TRUST COMPANY PURSUANT TO THE RESOLUTION OF THE MEMORIAL FUND COMMITTEE, CERTIFYING THAT THERE ARE ON HAND SECURITIES AND CASH IN THE AMOUNT OF $374,529.75; $145,000 OF THE FUNDS APPROPRIATED BY THE ACT APPROVED MARCH 4, 1925, IS UNOBLIGATED.

UNDER DATE OF DECEMBER 1, 1927, BIDS WERE OPENED IN THIS OFFICE FOR THE ERECTION OF THE MEMORIAL BUILDING IN ACCORDANCE WITH PLANS AND SPECIFICATIONS, THE BID OF CHARLES H. TOMPKINS COMPANY ($496,000) BEING THE LOWEST RECEIVED. IT IS EVIDENT FROM THE INCLOSED CERTIFICATE OF THE TREASURER OF THE MEMORIAL FUND COMMITTEE THAT TOGETHER WITH THE BALANCE OF THE UNITED STATES APPROPRIATION, SUFFICIENT FUNDS ARE ON HAND TO COVER THE OBLIGATIONS THAT WILL BE INCURRED BY ACCEPTING THE AFORESAID BID IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12, TITLE 41 OF THE UNITED STATES CODE. CONFIRMATION OF THIS VIEW IS REQUESTED, AND AN EARLY REPLY WILL BE VERY MUCH APPRECIATED.

THE JOINT RESOLUTION OF JUNE 7, 1924, 43 STAT. 665, AUTHORIZED THE APPROPRIATION OF $150,000 AS A PART CONTRIBUTION TO THE ERECTION OF THE MEMORIAL AND PROVIDED THAT THE BUILDING SHOULD COST NOT LESS THAN $300,000; THAT THE MONEY AUTHORIZED TO BE APPROPRIATED SHOULD NOT BE EXPENDED UNTIL THERE SHOULD BE RAISED BY PRIVATE SUBSCRIPTIONS AN ADDITIONAL SUM OF $150,000; AND, FURTHER, THAT THE APPROPRIATION SHOULD NOT BE USED UNTIL THE PLAN OF THE PROPOSED BUILDING SHOULD HAVE BEEN APPROVED BY A COMMISSION CONSISTING OF THE PRESIDENT OF THE AMERICAN RED CROSS, THE SECRETARY OF WAR, THE CHAIRMAN OF THE SENATE COMMITTEE ON THE LIBRARY, THE CHAIRMAN OF THE HOUSE COMMITTEE ON THE LIBRARY, AND A REPRESENTATIVE OF THE CENTRAL COMMITTEE OF THE AMERICAN RED CROSS.

SECTION 4 OF THE RESOLUTION PROVIDES THAT---

THE EXPENDITURES FOR SAID MEMORIAL BUILDING SHALL BE MADE UNDER THE DIRECTION OF A COMMISSION CONSISTING OF THE CHAIRMAN OF THE SENATE COMMITTEE ON THE LIBRARY AND THE CHAIRMAN OF THE HOUSE COMMITTEE ON THE LIBRARY * * *

IN VIEW OF THIS PROVISION, AND THE FACT THAT THE APPROPRIATION AS MADE IN THE ACT OF MARCH 4, 1925, 43 STAT. 1314, TO CARRY OUT THE PROVISIONS OF THE RESOLUTION, IS MADE UNDER THE HEADING ,LEGISLATIVE," YOUR DUTY OR AUTHORITY TO ACT IN THE MATTER IS NOT APPARENT. HOWEVER, IT WILL BE ASSUMED FOR THE PURPOSES OF THIS DECISION THAT YOUR SUBMISSION OF THE MATTER IS BY DIRECTION OF THE COMMISSION REFERRED TO IN THE SECOND PARAGRAPH OF SECTION 4 OF THE SAID JOINT RESOLUTION.

THE CERTIFICATE OF THE TREASURER OF THE MEMORIAL FUND COMMITTEE, FORWARDED WITH YOUR LETTER, SHOWS THAT THERE IS ON HAND $224,529.75, CONSISTING MOSTLY OF MONEY INVESTED IN BONDS OF PUBLIC CARRIERS FOR WHICH A PREMIUM OF $2,851.26 HAS BEEN PAID OVER AND ABOVE THE PAR VALUE OF THE BONDS. IN ADDITION TO THIS AMOUNT, THE CERTIFICATE ALSO SHOWS THAT UNITED STATES LIBERTY BONDS TO THE PAR VALUE OF $50,000 HAVE BEEN DEPOSITED WITH THE TREASURER OF THE MEMORIAL FUND COMMITTEE IN TRUST TO BE USED ONLY AND TO THE EXTENT IT IS NEEDED IN CONNECTION WITH THE CARRYING OUT OF THE CONTRACT CONTEMPLATED TO BE ENTERED INTO FOR THE ERECTION OF THE MEMORIAL BUILDING AND TO BE REIMBURSED IF PRIVATE CONTRIBUTIONS ARE RECEIVED. WHILE IT WOULD APPEAR THAT THIS $50,000 WAS NOT DERIVED FROM FUNDS RAISED BY PRIVATE SUBSCRIPTION FOR PURPOSES OF THE MEMORIAL, IT IS UNDERSTOOD FROM THE SUBMISSION THAT A SUM OF MORE THAN $150,000 HAS BEEN SO RAISED. AS SAID AMOUNT IS ALL THAT THE LAW REQUIRED TO BE RAISED BY PRIVATE SUBSCRIPTION AS A PREREQUISITE TO THE USE OF THE $150,000 APPROPRIATED FOR THE PROJECT, AND AS THE AGGREGATE AMOUNT NOW IN THE HANDS OF THE TREASURER OF THE MEMORIAL FUND COMMITTEE OF THE AMERICAN NATIONAL RED CROSS, AVAILABLE FOR USE IN THE CONSTRUCTION OF THE MEMORIAL, IS APPROXIMATELY $374,000, WHICH AMOUNT, TOGETHER WITH THE SUM OF $145,000, UNEXPENDED BALANCE OF THE APPROPRIATION OF $150,000 MADE BY THE ACT OF MARCH 4, 1925, 43 STAT. 1314, BRINGS THE TOTAL AMOUNT OF FUNDS AVAILABLE FOR THE CONSTRUCTION AND EQUIPMENT OF THE BUILDING TO OVER $519,000, THE MAKING OF A CONTRACT FOR THE CONSTRUCTION OF THE MEMORIAL AT A COST OF $496,000 WILL NOT VIOLATE THE PROVISIONS OF SECTION 3733, REVISED STATUTES, PROHIBITING THE ENTERING INTO CONTRACTS FOR THE ERECTION, ETC., OF PUBLIC BUILDINGS TO BIND THE GOVERNMENT TO PAY A LARGER SUM THAN THAT APPROPRIATED FOR THE SPECIFIC PURPOSE, PROVIDED, THAT, BEFORE THE PROPOSED CONTRACT IS ENTERED INTO, THERE BE PLACED UNDER THE ADMINISTRATIVE CONTROL OF THE COMMISSION, CONSISTING OF THE CHAIRMAN OF THE SENATE COMMITTEE ON THE LIBRARY AND THE CHAIRMAN OF THE HOUSE COMMITTEE ON THE LIBRARY, FUNDS, INCLUDING SO MUCH OF THE CONTRIBUTED FUND AS MAY BE REPRESENTED BY SECURITIES, SUFFICIENT IN AMOUNT TO COVER THE ENTIRE COST OF THE BUILDING, INCLUDING THE COMPLETE EQUIPMENT THEREOF, SAID FUNDS, INCLUDING THE CONTRIBUTED AS WELL AS THE APPROPRIATED MONEY, TO BE DISBURSED AND ACCOUNTED FOR AS GOVERNMENT FUNDS.