AlSRICULTl'RAI, APmoPniATIOX BILL, 1924. 457 



It in almost n nhysiml impmmMlity. Mr. Chnimiuii. t<» ojMTnto n 

 business of that kind withotit some provision to mc»««t thono Hmnll 

 <lamaf;«' clnims. It is nistomarv in thr ofwration of mmniorrinl 

 st<»rHj;o houses tlint if iiiiy «;<kmIs are dainnprd hv the netjht;eiire of 

 the <-oni|»itiv tltat the ronipaiiy will inake ^ood, and I ferl that 

 having; handled several hurnlred thousand dollars worth f>f j;<mx|« in 

 an<l out of stora^(>. duriri<; the last seven months, and having pre- 

 sente<i claims amounting to only $!'*.> that we are doinj; very well. 

 And if we are not «;iven authority to pay theso little elainm the«(» 

 fellows will sav that the (Joveniment is not responsible ami thev will 

 take their business soniewhere o\sr. and w<' will lose moncN . 'I'hat is 

 the argument for payinj; the claims, aiul if this is not the pr«»per iom- 

 mittee to present it to, we wouM b<> ?lad to have it j;o before the 

 proper committee. 



.\ir. Andf.KSon. \Vt>ll. as I >a\ . w »• t hcorcl i< ally and [)raciicallv «lo 

 not iiave any le^ri^ljitive jurisiliction. If thai lan«;ua^e can be sup- 



fjorted by the Ian«rua«;e of the art itself. I suppose we can appropriate 

 or it. The real (juestion from our point of view is whetluT the lan- 

 j;ua«:e of the acts authori/.in*; the operation of the market by the 

 Secretary of Aijricullure furnishes su(li<'ient basis for ai)pronriatir>n.s 

 to pay claims of this character. 1 would imajjine that it did. 



Mr. Magke. Are vou given power to take goods in storage < 



Mr. AxDER.soN. Ves. 



Mr. Mac.ee. I should think that there would be the impli<'d power 

 to pay for any damages. 



^^r. Andeksox. Let me jisk this ouestion: Is the comptrollers 

 decision baseil upon the language of tnc appropriation, that it «loes 

 not give authority '. 



Mr. Kitchen. No; the principal argument is this: 



The fionoral policy of the laws of the I'niteil States \? against a.HHunn)tion of lia- 

 bility for (lamatres indefinite as to amount. If damaj»o claims prowing out of ■• -"f":! 

 acts or negligence of omi)loyce8 operating tJiis cold-storage plant are to be r< i 



and paid, there .shoidd be specific authority of law for such i i 



restrictions and limitations a." Congress may see fit to impose. A~ ^ 



payment of the claims is unauthonztnl. 



I just got this on November 2.3. It has been pending for some time. 



Mr. .Tr.MP. Mr. (^hairman, could not this language go in in the form 

 of a limitation as to the amoimt of claims which the Secretary coidd 

 pay ? 



Mr. Anderson. 1 should think so. 



Mr. .Tump. It could specilically provide that the amount 'sliall not 

 exceed" so much. 



Mr. Anderson. I judge from what has been read that the comptrol- 

 ler's objection is that the language of the appropriation does not 

 authorize the payment of the claims. 



Mr. Kitchen. The basic law. however, gives the Secretary of 

 Agriculture the following authoritv: 



The Secretary- of Agriculture is hereby authorize*!, out of appropriations mado by 

 Congress from time to time for that purpose, to employ such |M«rsons and v ''-'-• 

 such materials as may be essential to the operation or maintenance of jwid ; 

 and for the proper management and control thereof. (41 Stat. UJl. sec. 2. 



It seems to me that the payment of these claims would be a proper 

 authorization bv the comptroller. 



Mr. Maoee. What is the specific amount of the claims? 



