BUREAU OF ANIMAL INDUSTRY. 475 



of -Mny 29. 1SS4. Accordingly the following letter of inquiry was ad- 

 dicssed to the First Comptroller of the Treasury Department : 



Department of Agriculture, 

 Bureau of Animal Ixdustjjy, 



Washington, D. C.,Junel^, 1883. 



Sir : I would respectfully ask you for a decision as to the power confcrro.l upon the 

 Commissioner of Ajjriculturc by tho following section of an act making appropriations 

 for the Agricultural Department for the fiscal year ending June 30, 188iJ : 



"For carrying out tlie provisions of tho act of May 29, 1884, estahlisliiiigtli*' Unroan 

 >'f Animal Industry, $100,000; and the Commissioner of Agriculture is her*'). v ;crii.lior- 

 ized to use any part of this sum he may deem necessary or expedient, and in such 

 manner as ho may think best, to prevent the spread of pleuro-pneumonia, not, to con- 

 flict with existing law." 



Does this language give any authority to tho Commissioner of Agriculture in the 

 use of this money beyond what is conferred upon him in tho act of May, 1881? It 

 seems to have been the intention of Congress to allow this Department to c<ii»^M'!isate 

 the owr.ers of such cattle a.s it would bo necessary to destroy in order to st:iiir,i<iiir the 

 daugerous outbreaks of contagious pleuro-pneumonia in the Western Status; other- 

 wise there would appear no reason for inserting the last half of the sentence. 



In this connection I desire to call your attention to the following extract IVom a 

 letter received from the Hon. Thomas Sturgis, eecretury of the Wyoming Stock Grow- 

 ers' Association, dated Clieyenno, Wyo., April 24, 1885, in wliich he says: 



"lam directed by tho executive committee of this association to convey to you an 

 expression of their deep interest in the question of contagious cattle di'seat<os, auii 

 their sympathy with thoetiorta you are making for tlie extinction of plouro-i)noiimonia. 

 The writer and Judge Carey were membersof the committee which framed and assistc*! 

 in securing the passage of the animal industry bill, and were also of tlie coniniitt(!e, 

 the past winter, which secured the pass.agc^ of the clause in ilio legislative ai)propri;i- 

 tion bill wliich secured the further appropriation of ?iOO,000 and the extension of tlie 

 powers of the Commissioner, permitting lum to use it at his discretion. Noticing that 

 some questions have arisen as to the power of the Commissioner to use any part of this 

 appropriation to pay for cattle destroyed on account of disease or to prevent tlie spread 

 of disease, it was thought by this committee that you might be glad to know the in- 

 tention of the two Committees of Agriculture in the House and Senate at the time of 

 the passage of this last clau.se, and that it was understood by Congress to give the 

 Commissioner the power to pay for the above clae.ses of cattle if ho'saw lit, and the 

 reason that it was put: in this form was because at that period of the session the laws 

 of both Houses prohibit the putting of any addition to any appropriation bill which 

 is'not absolutely germane to the appropriation. The two house-s wished to give this 

 power to the Commissioner, and it was with that intention that the clause referred 

 to was passed. 



"For corroboration of this I tako pleasure in referring you to General Dibrell, of 

 Teuucssee, and Hon. James \Vilson, of Iowa, wlio were both members of the House 

 committeo." 



An early reply to the above is respectfully requested. 

 I have the honor to be your obedient servant, 



F. C. NESBIT, 

 Acting Covimissioner. 



Hon. M. J. Durham, 



Fimt Comptroller, Trtasury Deparlineni. 



Below will be found the Oomptroller's reply: 



Treasury Departjiext, 

 FiR.ST Comptroller's Offick, 



Washiiifjion, D. C, June li*, lr^=.'>. 

 Sir: In reply to yonr letter of yesterday asking my constrnctiou of the two stati;t."! 

 nferred to therein, that of May, 1884, and that of ilarch o, 188.'3, and especially tiiosr 

 parts of the act in regard to yonr powers to use the money appropriated to prevent 

 the spread of plcuro-pneuinonia, I would state that I have examined both acts, and I 

 believe that your power is as complete under the one as the other, and that the act of 

 March 3, ISSo, gives you no authority or additional control over thefund appropriated 

 other than that conferred by tho act of May, 1884. 

 Very respectfully, 



M. J. DURHAM, 



CJomptroller, 



Hon. NORJtf AN J. COLMAN, 



Commissionei- of AgriftuUure. 



