APRIL 26, 1924, 3 COMP. GEN. 803

APRIL 26, 1924, 3 COMP. GEN. 803

APPROPRIATIONS - FEDERAL AID TO STATES - ERADICATION OF PINK BOLLWORM THE ANNUAL APPROPRIATIONS MADE FOR THE ERADICATION OF THE PINK BOLLWORM OF COTTON AND WHICH PROVIDE FUNDS TO ENABLE THE SECRETARY OF AGRICULTURE TO COOPERATE WITH STATES IN SUCH WORK, INCLUDING REIMBURSEMENT TO THE STATES OF NOT TO EXCEED ONE-THIRD OF AMOUNTS PAID BY ANY STATE TO ITS PLANTERS ON ACCOUNT OF LOSS OR DAMAGE RESULTING FROM ENFORCED NONPRODUCTION OF COTTON IN CERTAIN PRESCRIBED ZONES OR AREAS, ARE NOT AVAILABLE TO REIMBURSE A STATE FOR PAYMENTS MADE ON ACCOUNT OF LOSSES OR DAMAGES SUSTAINED PRIOR TO THE BEGINNING OF THE FISCAL YEAR FOR WHICH THE APPROPRIATION WAS MADE.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 26, 1924:

BY LETTER DATED DECEMBER 28, 1923, THE SECRETARY OF AGRICULTURE TRANSMITTED TO THIS OFFICE FOR DIRECT SETTLEMENT AS CONTEMPLATED BY SECTION 236, REVISED STATUTES, AS AMENDED BY SECTION 305 OF THE ACT OF JUNE 10, 1921, 42 STAT., 24, THE CLAIM OF THE STATE OF TEXAS FOR $115,336.66 AS REIMBURSEMENT OF APPROXIMATELY ONE-THIRD OF THE AMOUNT PAID BY IT TO COTTON PLANTERS WITHIN ITS BORDERS UNDER THE PROVISION IN A MISCELLANEOUS CLAIMS BILL KNOWN AS SENATE BILL NO. 10, WHICH BECAME A LAW OF THE STATE JUNE 27, 1923. SAID PROVISION READS:

TO PAY VARIOUS AND SUNDRY PARTIES AMOUNTS DUE EACH BY REASON OF THE LOSS OF COTTON CROPS AND BEING DEPRIVED OF THE PRIVILEGE TO PLANT AND GROW COTTON ON ACCOUNT OF NON-COTTON ZONES ESTABLISHED BY THE STATE TO PREVENT THE SPREAD OF THE PINK BOLLWORM AS PER CLAIMS APPROVED BY THE COMPENSATION CLAIM BOARD APPOINTED BY THE GOVERNOR, BY AUTHORITY OF THE ACTS OF THE THIRTY-SEVENTH LEGISLATURE, CHAPTER 41, SECTION 9, PAGE 125, AND SAID CLAIMS NOW ON FILE IN THE OFFICE OF THE COMMISSIONER OF AGRICULTURE AND BEING FOR THE YEARS 1918, 1919, 1920------ $439,946.50.

THE ACT OF THE THIRTY-SEVENTH LEGISLATURE REFERRED TO IN THE PROVISION JUST QUOTED BECAME A LAW OF THE STATE UPON ITS APPROVAL BY THE GOVERNOR SEPTEMBER 1, 1921, AND THE SAID SECTION 9 OF SAID ACT PROVIDES FOR THE APPOINTMENT BY THE GOVERNOR OF A COMPENSATION CLAIM BOARD FOR THE STATE TO DETERMINE "THE MEASURE OF COMPENSATION DUE PERSONS PREVENTED FROM GROWING COTTON AND THE DAMAGES SUSTAINED BY PERSONS HAVING COTTON CONDEMNED AND DESTROYED AS PROVIDED FOR HEREIN.' THE SAID BOARD WAS AUTHORIZED TO DETERMINE THE MEASURE OF COMPENSATION, ETC., ARISING UNDER PREVIOUS ACTS OF THE LEGISLATURE AS WELL AS UNDER THE ACT OF SEPTEMBER 1, 1921, BUT WITH RESPECT TO SUCH CLAIMS THE SAID SECTION 9 PROVIDES:

* * * CLAIMS FOR COMPENSATION FOR LOSSES INCURRED UNDER PREVIOUS ACTS SHALL BE FILED WITHIN NINETY DAYS AFTER THIS ACT TAKES EFFECT, BUT NO SUCH CLAIMS SHALL BE PAID OUT OF ANY APPROPRIATION MADE HEREIN.

HENCE THE NECESSITY FOR THE PROVISION HEREINBEFORE QUOTED FROM THE MISCELLANEOUS CLAIMS ACT OF JUNE 27, 1923.

THE LEGISLATURE OF THE STATE HAD ENACTED A LAW EFFECTIVE FROM DECEMBER 28, 1917, WITH A VIEW TO THE PREVENTION, CONTROL, AND ERADICATION OF THE PINK BOLLWORM BY PROVIDING, AMONG OTHER THINGS, FOR ENFORCED NONPRODUCTION OF COTTON IN CERTAIN ZONES OR AREAS AND FOR THE DESTRUCTION OF COTTON AND COTTON PLANTS UNDER CERTAIN CIRCUMSTANCES, AND THE CLAIM HERE PRESENTED IS UNDERSTOOD TO BE FOR REIMBURSEMENT OF PAYMENTS MADE BY THE STATE ON ACCOUNT OF LOSSES SUSTAINED BY PLANTERS DURING THE CALENDAR YEARS 1918, 1919, AND 1920, INCIDENT TO THEIR COMPLIANCE WITH THE PROVISIONS OF SAID ACT OF THE STATE LEGISLATURE.

IT IS EVIDENT THAT THE ACTION TAKEN BY THE STATE OF TEXAS WITH REFERENCE TO THE PREVENTION, CONTROL, AND ERADICATION OF THE PINK BOLLWORM WAS PRIMARILY FOR ITS OWN BENEFIT OR THE BENEFIT OF ITS PLANTERS. IN OTHER WORDS, THE OBLIGATIONS INCURRED AND PAYMENTS MADE BY THE STATE WERE ON ITS OWN BEHALF AND NOT FOR OR ON ACCOUNT OF THE UNITED STATES. THERE WAS IN NO SENSE A LEGAL OBLIGATION ON THE PART OF THE FEDERAL GOVERNMENT TO COMPENSATE THE PLANTERS IN THE STATE OF TEXAS FOR LOSSES INCURRED BY THEM IN COMPLYING WITH THE LAWS OF SAID STATE AND THERE IS NO GENERAL LAW REQUIRING OR AUTHORIZING THE FEDERAL GOVERNMENT TO REIMBURSE THE STATE OF TEXAS FOR PAYMENTS MADE BY IT TO ITS PLANTERS PURSUANT TO ITS LAWS. THEREFORE, UNLESS THE CONGRESS HAS MADE AN APPROPRIATION PROVIDING IN SPECIFIC TERMS FOR THE PAYMENT OF SUCH CLAIMS AS THE ONE HERE UNDER CONSIDERATION, SAID CLAIM MUST BE DISALLOWED.

THE FIRST APPROPRIATION MADE BY THE CONGRESS RELATIVE TO THE PREVENTION OR SUPPRESSION OF THE PINK BOLLWORM PEST WAS MADE IN THE ACT OF MARCH 4, 1917, 39 STAT., 1164, IN THE FOLLOWING TERMS:

TO ENABLE THE SECRETARY OF AGRICULTURE TO MEET THE EMERGENCY CAUSED BY THE EXISTENCE OF THE PINK BOLLWORM OF COTTON IN MEXICO AND THE MOVEMENT OF SOME FIVE HUNDRED CARLOADS OF COTTON SEED FROM THE INFESTED DISTRICTS IN MEXICO TO MILLING POINTS IN TEXAS AND ELSEWHERE, AND TO PREVENT THE ESTABLISHMENT OF SUCH INSECT IN TEXAS OR IN ANY OTHER STATE BY PROVIDING FOR ADEQUATE INSPECTION AND THE EMPLOYMENT OF ALL MEANS NECESSARY UNDER RULES AND REGULATIONS TO BE PRESCRIBED BY HIM, TO PROHIBIT THE MOVEMENT OF COTTON AND COTTON SEED FROM MEXICO INTO THE UNITED STATES, INCLUDING THE EXAMINATION OF BAGGAGE AND RAILROAD CARS OR OTHER MEANS OF CONVEYANCE AND THE CLEANING AND DISINFECTION THEREOF; TO INSPECT MILLS IN TEXAS OR ELSEWHERE IN THE UNITED STATES TO WHICH MEXICAN COTTON SEED HAS BEEN TAKEN FOR MILLING; TO SUPERVISE THE DESTRUCTION, BY MANUFACTURE OR OTHERWISE, OF SUCH SEED AND THE THOROUGH CLEAN-UP OF THE MILLS AND PREMISES; TO CONDUCT LOCAL SURVEYS AND INSPECTIONS OF COTTON FIELDS IN THE VICINITY OF SUCH MILLS AND PORTS OF ENTRY IN ORDER TO DETECT ANY INSTANCES OF LOCAL INFESTATION; AND TO DETERMINE AND CONDUCT SUCH CONTROL MEASURES IN COOPERATION WITH THE STATE OF TEXAS OR OTHER STATES CONCERNED AS MAY BE NECESSARY TO STAMP OUT SUCH INFESTATION, INCLUDING RENT OUTSIDE OF THE DISTRICT OF COLUMBIA, EMPLOYMENT OF LABOR IN THE CITY OF WASHINGTON AND ELSEWHERE, AND ALL OTHER NECESSARY EXPENSES, $50,000, AVAILABLE IMMEDIATELY AND UNTIL EXPENDED; * * *.

THIS WAS FOLLOWED BY ANNUAL APPROPRIATIONS FOR THE SAME GENERAL PURPOSES BUT WITH MORE DETAIL AS TO THE ITEMS OF EXPENDITURES AUTHORIZED FOR THE FISCAL YEARS 1919, 1920, 1921, AND 1922, THE APPROPRIATION FOR THE FISCAL YEAR 1922, ACT OF MARCH 3, 1921, 41 STAT., 1346, BEING AS FOLLOWS:

ERADICATION OF PINK BOLLWORM: TO ENABLE THE SECRETARY OF AGRICULTURE TO MEET THE EMERGENCY CAUSED BY THE EXISTENCE OF THE PINK BOLLWORM OF COTTON IN MEXICO, AND TO PREVENT THE ESTABLISHMENT OF SUCH INSECT IN THE UNITED STATES BY THE EMPLOYMENT OF ALL MEANS NECESSARY, INCLUDING RENT OUTSIDE OF THE DISTRICT OF COLUMBIA AND THE EMPLOYMENT OF PERSONS AND MEANS IN THE CITY OF WASHINGTON AND ELSEWHERE, $554,840, AS FOLLOWS:

TO PREVENT THE MOVEMENT OF COTTON AND COTTON SEED FROM MEXICO INTO THE UNITED STATES, INCLUDING THE REGULATION OF THE ENTRY INTO THE UNITED STATES OF RAILWAY CARS AND OTHER VEHICLES, AND FREIGHT, EXPRESS, BAGGAGE, OR OTHER MATERIALS FROM MEXICO, AND THE INSPECTION, CLEANING, AND DISINFECTION THEREOF, $139,840; ANY MONEYS RECEIVED IN PAYMENT OF CHARGES FIXED BY THE SECRETARY OF AGRICULTURE ON ACCOUNT OF SUCH CLEANING AND DISINFECTION AT PLANTS CONSTRUCTED THEREFOR OUT OF ANY APPROPRIATION MADE ON ACCOUNT OF THE PINK BOLLWORM OF COTTON TO BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS;

TO MAKE SURVEYS TO DETERMINE THE ACTUAL DISTRIBUTION OF THE PINKBOLLWORM IN MEXICO AND TO EXTERMINATE LOCAL INFESTATIONS IN MEXICO NEAR THE BORDER OF THE UNITED STATES, IN COOPERATION WITH THE MEXICAN GOVERNMENT, OR LOCAL MEXICAN AUTHORITIES, $10,000;

TO INVESTIGATE IN MEXICO OR ELSEWHERE THE PINK BOLLWORM AS A BASIS FOR CONTROL MEASURES, 5,000;

TO CONDUCT SURVEYS AND INSPECTIONS IN TEXAS OR IN ANY OTHER STATE TO DETECT ANY INFESTATION AND TO CONDUCT SUCH CONTROL MEASURES, INCLUDING THE ESTABLISHMENT OF COTTON-FREE AREAS, IN COOPERATION WITH THE STATE OF TEXAS OR OTHER STATES CONCERNED, AS MAY BE NECESSARY TO STAMP OUT SUCH INFESTATION, TO ESTABLISH IN COOPERATION WITH THE STATES CONCERNED A ZONE OR ZONES FREE FROM COTTON CULTURE ON OR NEAR THE BORDER OF ANY STATE OR STATES ADJACENT TO MEXICO, AND TO COOPERATE WITH THE MEXICAN GOVERNMENT OR LOCAL MEXICAN AUTHORITIES, OR OTHERWISE, BY UNDERTAKING IN MEXICO SUCH MEASURES FOR THE EXTERMINATION OF THE PINK BOLLWORM OF COTTON AS SHALL BE DETERMINED TO BE PRACTICABLE FROM SURVEYS SHOWING ITS DISTRIBUTION, $400,000: PROVIDED, THAT NO PART OF THE MONEY HEREIN APPROPRIATED SHALL BE USED TO PAY THE COST OR VALUE OF CROPS OR OTHER PROPERTY INJURED OR DESTROYED.

IT IS CLEAR THAT THERE IS NOTHING IN ANY OF THESE APPROPRIATIONS THAT CAN BE CONSTRUED TO AUTHORIZE THE PAYMENT OF SUCH CLAIMS AS THE ONE NOW UNDER CONSIDERATION.

THE JOINT RESOLUTION OF AUGUST 9, 1921, 42 STAT., 158, PROVIDES:

* * * THAT WHEN ANY STATE SHALL HAVE ENACTED LEGISLATION AND TAKEN MEASURES, INCLUDING THE ESTABLISHMENT AND ENFORCEMENT OF NONCOTTON ZONES, ADEQUATE, IN THE OPINION OF THE SECRETARY OF AGRICULTURE, TO ERADICATE THE PINK BOLLWORM IN ANY AREA THEREOF ACTUALLY INFESTED, OR THREATENED, BY SUCH PEST, THE SAID SECRETARY, UNDER REGULATIONS TO BE PRESCRIBED BY HIM, IS AUTHORIZED, OUT OF THE APPROPRIATION OF $554,840 FOR "ERADICATION OF PINK BOLLWORM" MADE BY THE AGRICULTURAL APPROPRIATION ACT OF MARCH 3, 1921, TO UTILIZE NOT TO EXCEED $200,000 IN REIMBURSING SUCH STATES FOR EXPENSES INCURRED BY THEM IN COMPENSATING ANY FARMER FOR HIS LOSS DUE TO THE ENFORCED NONPRODUCTION OF COTTON WITHIN SAID ZONES: PROVIDED, THAT SUCH REIMBURSEMENT OF ANY STATES SHALL BE BASED UPON THE ACTUAL AND NECESSARY LOSS SUFFERED BY THE OWNER OF SAID LAND; THAT SUCH REIMBURSEMENT SHALL NOT EXCEED ONE THIRD THE AMOUNT ACTUALLY PAID BY THE STATE TO ANY FARMER, AND, IN NO EVENT, SHALL EXCEED $5 PER ACRE; AND THAT NO REIMBURSEMENT SHALL BE MADE IN RESPECT OF ANY FARMER WHO HAS NOT COMPLIED IN GOOD FAITH WITH ALL THE QUARANTINE AND CONTROL REGULATIONS PRESCRIBED BY SAID SECRETARY OF AGRICULTURE AND SUCH STATE RELATIVE TO THE PINK BOLLWORM.

IN PURSUANCE OF THIS LAW THE SECRETARY OF AGRICULTURE ON MARCH 22, 1922, PROMULGATED A REGULATION EFFECTIVE APRIL 1, 1922, READING AS FOLLOWS:

ONLY SUCH APPLICATIONS BY ANY STATE FOR REIMBURSEMENT WILL BE CONSIDERED AS INVOLVE LOSSES OF FARMERS ORIGINATING DURING THE GROWING SEASON OF 1921 OR LATER, FOR WHICH COMPENSATION HAS BEEN MADE BY THE STATE SUBSEQUENT TO AUGUST 9, 1921.

THIS REGULATION CONTINUED IN FULL FORCE AND EFFECT UNTIL AFTER THE APPROPRIATION MADE IN THE ACT OF MARCH 3, 1921, CEASED TO BE AVAILABLE FOR EXPENDITURE EXCEPT AS TO OBLIGATIONS LEGALLY INCURRED PRIOR TO JULY 1, 1922, AND AS THERE WAS NO LEGAL AUTHORITY FOR THE PAYMENT OF SUCH CLAIMS OR FOR THE MAKING OF REGULATIONS WITH RESPECT THERETO OTHER THAN SAID APPROPRIATION AS AMENDED BY THE JOINT RESOLUTION OF AUGUST 9, 1921, SUPRA, THERE CAN BE NO ROOM FOR DOUBT THAT NO PART OF SAID APPROPRIATION IS AVAILABLE FOR THE PAYMENT OF ANY CLAIM WHICH WAS NOT A LEGAL OBLIGATION OF THE GOVERNMENT UNDER THE LAW AND THE REGULATION MADE IN PURSUANCE THEREOF AS THEY EXISTED ON JUNE 30, 1922. THEREFOR IF AUTHORITY EXISTS FOR THE PAYMENT OF ANY PART OF THIS CLAIM IT MUST BE FOUND IN LEGISLATIVE ENACTMENT SUBSEQUENT TO THE JOINT RESOLUTION OF AUGUST 9, 1921.

THE ACT OF MAY 11, 1922, 42 STAT., 537, MADE AN APPROPRIATION FOR THE FISCAL YEAR 1923, IDENTICAL, EXCEPT AS TO AMOUNTS, WITH THE APPROPRIATION HEREINBEFORE QUOTED FOR THE FISCAL YEAR 1922, WITH THE FOLLOWING CLAUSE INSERTED BETWEEN THE AMOUNT, $400,000, AND THE PROVISO:

* * * OF WHICH SUM NOT TO EXCEED $200,000 MAY BE AVAILABLE FOR REIMBURSEMENT TO COTTON-GROWING STATES, FOR EXPENSES INCURRED BY THEM IN CONNECTION WITH LOSSES DUE TO ENFORCED NONPRODUCTION OF COTTON IN CERTAIN ZONES IN THE MANNER AND UPON THE TERMS AND CONDITIONS SET FORTH IN SENATE JOINT RESOLUTION NUMBERED 72, APPROVED AUGUST 9, 1921: * * *.

THIS MADE THE APPROPRIATION FOR THE FISCAL YEAR 1923 AVAILABLE FOR THE SAME CLASS OF EXPENDITURES AS THE APPROPRIATION FOR THE FISCAL YEAR 1922 WAS AVAILABLE AFTER AUGUST 9, 1921. THE REGULATION HEREINBEFORE QUOTED CONTINUED IN FULL FORCE AND EFFECT UNTIL AFTER JUNE 30, 1923. THEREFORE, REGARDLESS OF ANY OTHER CONSIDERATIONS, THE CLAIM HERE PRESENTED COULD NOT HAVE BEEN A LEGAL OBLIGATION OF THE GOVERNMENT ON JUNE 30, 1923, AND ACCORDINGLY, FOR REASONS HEREINBEFORE STATED WITH REFERENCE TO THE APPROPRIATION FOR THE FISCAL YEAR 1922, NO PART OF THIS CLAIM CAN BE REGARDED AS A LEGAL OR PROPER CHARGE AGAINST THE UNEXPENDED BALANCE OF THE APPROPRIATION FOR THE FISCAL YEAR 1923.

THE ACT OF FEBRUARY 26, 1923, 42 STAT., 1318, CONTAINS AN APPROPRIATION FOR THE FISCAL YEAR 1924, IDENTICAL WITH THE APPROPRIATION FOR THE FISCAL YEAR 1923, EXCEPT AS TO AMOUNTS AND THE ELIMINATION OF THE PARAGRAPH RELATING TO PREVENTING THE MOVEMENT OF COTTON AND COTTONSEED FROM MEXICO. THE ONLY REMAINING QUESTION FOR DETERMINATION IN THIS CASE IS WHETHER THIS APPROPRIATION IS AVAILABLE TO REIMBURSE THE STATE OF TEXAS FOR A PROPORTIONATE PART OF THE AMOUNTS PAID BY IT SOMETIME BETWEEN JUNE 27, 1923, AND SEPTEMBER 8, 1923, EXACT DATES NOT SHOWN, FOR LOSSES INCURRED BY PLANTERS IN SAID STATE DURING THE CALENDAR YEARS 1918, 1919, AND 1920--- BEING FROM THREE TO FIVE YEARS BEFORE THE APPROPRIATION BECAME AVAILABLE-- - IT APPEARING THAT THE SECRETARY OF AGRICULTURE ON DECEMBER 28, 1923, PURPORTED TO AMEND THE REGULATION HEREINBEFORE QUOTED TO READ AS FOLLOWS: ONLY SUCH APPLICATIONS BY ANY STATE FOR REIMBURSEMENT WILL BE CONSIDERED AS INVOLVE LOSSES OF FARMERS WHICH HAVE BEEN OR MAY BE OCCASIONED BY ENFORCED NONPRODUCTION OF COTTON FOR WHICH COMPENSATION HAS BEEN MADE BY THE STATE.

THE REGULATION AS IT EXISTED PRIOR TO THIS AMENDMENT WAS MADE IN PURSUANCE OF LAW AND WAS NOT IN CONFLICT WITH THE LAW. THEREFOR IT MUST BE REGARDED AS HAVING THE FULL FORCE AND EFFECT OF LAW UNTIL REVOKED OR AMENDED BY COMPETENT AUTHORITY, OR UNTIL THE EXPIRATION OF THE STATUTORY AUTHORITY BY VIRTUE OF WHICH IT EXISTED. THE ONLY AUTHORITY VESTED IN THE SECRETARY OF AGRICULTURE TO PROMULGATE THE AMENDMENT OF DECEMBER 28, 1923, IS THE APPROPRIATION FOR THE FISCAL YEAR 1924, SUPRA, AND SAID AMENDMENT IS VALID AND EFFECTIVE ONLY TO THE EXTENT THAT IT IS CONSISTENT WITH AND WITHIN THE SCOPE OF SAID APPROPRIATION.

THE GENERAL PURPOSE AND SCOPE OF THE APPROPRIATION IS ANNOUNCED IN THE FIRST PARAGRAPH THEREOF AND IS AS FOLLOWS:

* * * TO ENABLE THE SECRETARY OF AGRICULTURE TO MEET THE EMERGENCY CAUSED BY THE EXISTENCE OF THE PINK BOLLWORM OF COTTON IN MEXICO, AND TO PREVENT THE ESTABLISHMENT OF SUCH INSECT IN THE UNITED STATES * * *.

ALL OTHER LANGUAGE USED IN THE APPROPRIATION IS MERELY FOR THE PURPOSE OF INDICATING THE MEANS AUTHORIZED TO BE EMPLOYED IN ACCOMPLISHING THE PURPOSES THUS CLEARLY STATED. THEREFORE NO EXPENDITURE IS AUTHORIZED UNDER SAID APPROPRIATION UNLESS IT IS NECESSARY TO ENABLE THE SECRETARY OF AGRICULTURE TO MEET THE EMERGENCY EXISTING DURING THE FISCAL YEAR 1924, OR TO PREVENT, DURING THE FISCAL YEAR 1924, THE ESTABLISHMENT OF THE PINK BOLLWORM IN THE UNITED STATES. ONE OF THE MEANS SPECIFICALLY AUTHORIZED TO ACCOMPLISH SAID PURPOSE IS THE REIMBURSEMENT OF STATES FOR EXPENSES INCURRED BY THEM IN CONNECTION WITH LOSSES DUE TO ENFORCED NONPRODUCTION OF COTTON; BUT IN THE ABSENCE OF SPECIFIC LANGUAGE TO THE CONTRARY THIS PROVISION MUST BE READ IN THE LIGHT OF THE LANGUAGE HEREINBEFORE QUOTED FROM THE FIRST PARAGRAPH IN WHICH THE ENTIRE APPROPRIATION IS MADE, AND ACCORDINGLY MUST BE CONSTRUED TO AUTHORIZE THE USE OF THE APPROPRIATION TO MAKE SUCH REIMBURSEMENTS ONLY TO THE EXTENT THAT THE LOSSES WERE INCURRED AS A MEANS OF MEETING THE EMERGENCY WHICH EXISTED DURING THE FISCAL YEAR 1924, OR OF PREVENTING, DURING SAID FISCAL YEAR, THE ESTABLISHMENT OF THE PINK BOLLWORM IN THE UNITED STATES. THE PROVISION IS NOT TO BE ENLARGED BY CONSTRUCTION SO AS TO AUTHORIZE THE USE OF ANY PART OF THE APPROPRIATION TO REIMBURSE STATES FOR PAYMENTS MADE ON ACCOUNT OF LOSSES INCURRED PRIOR TO THE BEGINNING OF THE FISCAL YEAR FOR WHICH THE APPROPRIATION WAS MADE. NOT ONLY WOULD SUCH USE CONTRIBUTE IN NO WAY TO THE ACCOMPLISHMENT OF THE PURPOSES FOR WHICH THE APPROPRIATION WAS MADE, BUT IT WOULD TEND TO RETARD SUCH ACCOMPLISHMENT BY DIVERTING A PART OF THE APPROPRIATION TO RELIEF PURPOSES, THUS REDUCING THE AMOUNT AVAILABLE FOR COMBATTING THE PEST DURING THE FISCAL YEAR 1924.

THE EVIDENT PURPOSE OF THE APPROPRIATION WAS NOT TO ASSUME A BURDEN OF INDEBTEDNESS WHICH THE STATE HAD THERETOFORE INCURRED NOR TO REIMBURSE THE STATE FOR PAYMENTS MADE BY IT ON ACCOUNT OF LOSSES THERETOFORE SUSTAINED. IT AUTHORIZED THE SECRETARY OF AGRICULTURE TO COOPERATE WITH THE STATES DURING THE FISCAL YEAR 1924, AND SUCH COOPERATION COULD HAVE NO RETROSPECTIVE EFFECT. THE COOPERATION INTENDED WAS SUCH AS THE UNITED STATES DEPARTMENT OF AGRICULTURE COULD TAKE PART IN FOR THE PURPOSE OF PREVENTING, CONTROLLING, AND ERADICATING THE FUTURE ACTIVITIES OF THE PINK BOLLWORM. THAT SUCH WAS THE CONSTRUCTION PLACED BY THE SECRETARY OF AGRICULTURE UPON IDENTICAL PROVISIONS FOR THE FISCAL YEARS 1922 AND 1923, AND UPON THIS SAME PROVISION FROM THE TIME OF ITS ENACTMENT IN FEBRUARY, 1923, TO DECEMBER, 1923, IS INDICATED BY THE REGULATION OF MARCH 22, 1922, WHICH WAS NOT AMENDED UNTIL DECEMBER 28, 1923.

THERE APPEARS NO RETROSPECTIVE EFFECT IN THE APPROPRIATION AS DETERMINED FROM ITS SUBJECT MATTER AND STATED PURPOSES. IT IS NOT A RELIEF ENACTMENT BUT A PROSPECTIVE ENACTMENT PROVIDING FUNDS FOR CONTINUING THE FIGHT AGAINST THE PINK BOLLWORM; AND IN THE ABSENCE OF SPECIFIC AUTHORITY THEREFOR SUCH FUNDS MAY NOT BE USED TO REIMBURSE STATES FOR PAYMENTS MADE ON ACCOUNT OF LOSSES INCURRED BEFORE THE BEGINNING OF THE FISCAL YEAR FOR WHICH THE APPROPRIATION WAS MADE.

FOR REASONS HEREIN STATED THE CLAIM OF THE STATE OF TEXAS FOR REIMBURSEMENT FOR PAYMENTS MADE ON ACCOUNT OF LOSSES INCURRED IN 1918, 1919, AND 1920 MUST BE AND IS DISALLOWED.