FIFTY-FIRST CONGRESS, 1889-1891. 1485 
and I presume to say that they act through an executive committee and that the 
- whole regency periodically meet to examine the accounts of the Secretary and the 
affairs of the Institution. 
Neither Professor Langley nor the Regents receive any funds appropriated under 
the act of Congress; neither can the disbursing officer use the funds for his own pur- 
pose, if he were so disposed. Each check for the payment of money held subject to 
his order states on the face of it for what purpose it is drawn, and if not drawn for 
_ some purpose known to the law the check would not be honored. The accounts of 
the disbursing officer are scrutinized at this office monthly, and I can hardly con- 
ceive how it would be possible for even the disbursing officer to make an improper 
use of the funds. The Smithsonian Institution has conducted its business in this 
manner for many years, and even prior to the accession of Professor Langley to the 
Secretaryship the business was conducted in that manner. 
Prof. Spencer F. Baird, who for many years occupied the position of Secretary of 
the Smithsonian Institution, made requisitions for the money appropriated by Con- 
gress to be used by the Institution, and they were always honored by the Treasury 
Department, as I find upon examination. Whether the act provided that the money 
was to be drawn on requisitions of the Regents or not, the Treasury Department has 
always regarded the Secretary of the Institution as duly authorized, acting for the 
Regents, and, as before stated, moneys have been paid out and accounts settled upon 
that theory for many years. 
The act of Congress above quoted provides— 
‘‘That the appropriation is to be expended under the Pee fe of the Regents of 
the Smithsonian Institution, to be drawn on their requisition and disbursed by the 
disbursing officer of said Institution.” 
Professor Langley in his requisitions professed to act for the Regents, and so signed 
his name to requisitions, in accordance with the long-established custom that I have 
mentioned, I doubt not. He had a conversation with the officials of this office and 
of the office of the Secretary of the Treasury as to how requisitions should be drawn, 
and after consultation it was agreed that the old custom should be followed and 
that the requisitions of the Secretary, purporting to be drawn by order of the Regents, 
should be honored when duly made. 
You will bear in mind that the Smithsonian Institution is a corporation of many 
years’ standing; the act establishing it was passed by Congress August 10, 1846 (sec. 
5579, Rey. Stat.). The President, Vice-President, Secretary of State, with other 
parties named in said section, and ‘‘such other persons as they may elect honorary 
members, are hereby constituted an establishment by the name of the ‘Smithsonian 
Institution,’ for the increase and diffusion of knowledge among men; and by that 
name shall be known and have perpetual succession, with the powers, limitations, 
and restrictions hereinafter contained, and no other.’’ Then follows the manner of 
- appointing Regents, their term of office, etc., followed by the manner of organizing 
the Board, with direction that they shall meet in the city of Washington, elect one 
of their number as chancellor, a suitable person as Secretary of the Institution, who 
shall also be secretary of the Board of Regents, and shall elect three of their own 
body as an executive committee, and fix upon a time for the regular meeting of the 
Board. The Board was so organized shortly after the passage of the act of Congress 
upon the subject, and has had perpetual succession ever since as a corporation, has 
elected an executive committee, etc., and has exercised the functions conferred upon 
it by Congress. 
By the act approved April 30, 1890, supra, ‘‘the National Zoological Park,’’ which 
had been established by the act of March 2, 1889 (25 Stat., 808), was placed under 
the direction of the Regents of the Smithsonian Institution, and by that act, in addi- 
tion to the duties conferred upon them by the act of August 10, 1846, the duties and 
trusts specified in the act of April 30, 1890, were also conferred upon them. What 
