FEBRUARY 23, 1923, 2 COMP. GEN. 517

FEBRUARY 23, 1923, 2 COMP. GEN. 517

APPROPRIATIONS - PERMANENT ANNUAL INDEFINITE, AS AFFECTED BY AMOUNT EXHIBITED IN BUDGET SECTION 13, OF THE ACT OF SEPTEMBER 19, 1890, 26 STAT. 455, AS AMENDED BY SECTION 3 OF THE ACT OF JUNE 3, 1896, 29 STAT., 234, PROVIDES FOR A PERMANENT ANNUAL APPROPRIATION FOR THE OPERATION OF SNAG BOATS ON THE OHIO RIVER, NOT TO EXCEED THE AGGREGATE SUM OF $50,000, AND THAT AMOUNT IS AVAILABLE FOR SUCH USE FOR THE FISCAL YEAR 1923, NOTWITHSTANDING THE BUDGET FOR 1923 EXHIBITS THE AMOUNT APPROPRIATED AS $45,000.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, FEBRUARY 23, 1923:

I HAVE YOUR LETTER OF FEBRUARY 12, 1923, REQUESTING DECISION OF A QUESTION PRESENTED BY YOU, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION A COPY OF LETTER FROM THE CHIEF OF FINANCE OF THE WAR DEPARTMENT, DATED FEBRUARY 5, 1923 (NO. FEA-112.5-23-CE-4), INVITING ATTENTION TO THE PERMANENT ANNUAL APPROPRIATION OF $50,000 PROVIDED FOR UNDER THE ACT OF JUNE 3, 1896 (29 STAT., P. 234, SEC. 3), AMENDING SECTION 13 OF THE ACT OF SEPTEMBER 19, 1890 (26 STAT., P. 455), FOR ,OPERATING SNAG BOATS ON THE OHIO RIVER.'

BY REFERENCE TO PAGE 867 OF THE BUDGET FOR 1923, IT WILL BE NOTED THAT THE SUM EXHIBITED AS THE AMOUNT OF THE APPROPRIATION REQUIRED FOR THE FISCAL YEAR 1923 IS $45,000, AND INASMUCH AS THE AMOUNTS SHOWN IN THE BUDGET AS BEING REQUIRED UNDER THE VARIOUS PERMANENT ANNUAL APPROPRIATIONS ARE TREATED BY CONGRESS AS THE AMOUNTS APPROPRIATED FOR THE YEAR IN EXHIBITING THE APPROPRIATIONS MADE BY THAT BODY FOR THE YEAR, THIS AMOUNT ACCORDINGLY WAS SET UP BY THIS DEPARTMENT UNDER WAR APPROPRIATION WARRANT NO. 4, DATED JULY 1, 1922, AS THE APPROPRIATED AMOUNT FOR THE PERMANENT ANNUAL APPROPRIATION "OPERATING SNAG BOATS ON THE OHIO RIVER, 1923.'

YOUR VIEWS ARE REQUESTED AS TO WHETHER THE ACTS ABOVE QUOTED AUTHORIZE AND APPROPRIATE THE SUM OF $50,000 UNDER THE APPROPRIATION IN QUESTION FOR THE SERVICE OF THE FISCAL YEAR 1923, NOTWITHSTANDING THE EXHIBIT OF ONLY $45,000 AS THE APPROPRIATION FOR THIS YEAR IN THE BUDGET FOR 1923.

SECTION 13 OF THE ACT OF SEPTEMBER 19, 1890, 26 STAT., 455, PROVIDES:

THAT FOR THE PURPOSE OF SECURING THE UNINTERRUPTED WORK OF OPERATING SNAG BOATS ON THE OHIO RIVER AND REMOVING SNAGS, WRECKS, AND OTHER OBSTRUCTIONS IN SAID RIVER, THE SECRETARY OF WAR UPON THE APPLICATION OF THE CHIEF OF ENGINEERS, IS HEREBY AUTHORIZED TO DRAW HIS WARRANT OR REQUISITION FROM TIME TO TIME UPON THE SECRETARY OF THE TREASURY FOR SUCH SUMS AS MAY BE NECESSARY TO DO SUCH WORK, NOT TO EXCEED IN THE AGGREGATE FOR EACH YEAR THE SUM OF TWENTY-FIVE THOUSAND DOLLARS: PROVIDED, HOWEVER, THAT AN ITEMIZED STATEMENT OF SAID EXPENSES SHALL ACCOMPANY THE ANNUAL REPORT OF THE CHIEF OF ENGINEERS.

SECTION 3 OF THE ACT OF JUNE 3, 1896, 29 STAT., 234, PROVIDES:

THAT SECTION THIRTEEN OF "AN ACT MAKING APPROPRIATIONS FOR THE CONSTRUCTION, REPAIR, AND PRESERVATION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER NINETEENTH, EIGHTEEN HUNDRED AND NINETY, IS HEREBY AMENDED BY INSERTING THE WORDS ,FIFTY THOUSAND DOLLARS" IN LIEU OF THE WORDS "TWENTY-FIVE THOUSAND DOLLARS" THEREIN CONTAINED.

CONGRESS BY THESE ACTS HAS MADE AVAILABLE A PERMANENT ANNUAL INDEFINITE APPROPRIATION FOR THE SPECIFIC PURPOSES INDICATED IN SUCH ACTS, IN AN AMOUNT NOT TO EXCEED IN THE AGGREGATE THE SUM OF $50,000 IN ANY ONE YEAR, AND SUCH AMOUNT HAS BEEN AVAILABLE ANNUALLY SINCE THE APPROVAL OF THE STATUTE WITHOUT ANY FURTHER FORMAL PROCEDURE ON THE PART OF CONGRESS. THE CLEARLY EXPRESSED INTENTION IS THAT SUCH AMOUNT SHALL BE AVAILABLE ANNUALLY FOR THE PURPOSE OF SECURING THE UNINTERRUPTED WORK THEREIN INDICATED, UNTIL CHANGED BY SUBSEQUENT LEGISLATION. THERE APPEARS NO SPECIFIC OR EXPRESSED INTENTION ON THE PART OF CONGRESS TO CHANGE THE MAXIMUM AMOUNT OF THIS APPROPRIATION FROM $50,000 TO $45,000, AND IN THE ABSENCE OF SUCH SPECIFIC PROVISION THE APPROPRIATION AS EXPRESSLY MADE IN THE ABOVE-QUOTED ACTS IS AVAILABLE UPON APPLICATION FOR SAME BY THE CHIEF OF ENGINEERS. THE FACT THAT THE BUDGET CONTAINED A LESSER AMOUNT THAN THE AMOUNT SPECIFICALLY AUTHORIZED DOES NOT JUSTIFY CONCLUDING THAT CONGRESS ADOPTED THE AMOUNT OF THE BUDGET. THE SPECIFIC LAW CAN NOT REASONABLY BE VIEWED AS BEING CHANGED BY THAT METHOD.

YOU ARE ACCORDINGLY ADVISED THAT THE SUM OF $50,000 IS LEGALLY AVAILABLE FOR EXPENDITURE UNDER THE APPROPRIATION "OPERATING SNAG BOATS ON THE OHIO RIVER, 1923.'