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propriations have been made. The case of Pan American Co. v. United States, 273 U. S. 456, bears on this question. On the other hand, the power to lease property under your control carries with it by implication the power to make such stipulations as are usual between landlord and tenant and reasonably necessary for the proper execution of the power to lease the property. Each case may have to be determined on its own facts, but the general principle to be applied is whether the stipulation in the lease is one germane to the subject matter of the lease, not unusual in such transactions, and reasonably calculated to make effective the power to lease and enable you to make leases advantageous to the Government, which are matters which you may determine in the exercise of a reasonable discretion. To hold that a stipulation requiring the lessee to make some alterations or improvements in the leased property in order to make the premises suitable for his use is beyond your power and that it is necessary in such cases for you to first apply to Congress for an appropriation authorizing improvements and alterations to make the premises fit for the lessee's use, would seriously hamper the effective exercise of the power to lease. In the two leases which you submit for my consideration, the stipulations respecting repairs to property to be made by the lessee, were to render the property fit for its use, the cost to be deducted from rent which might otherwise be payable to the United States. These stipulations were germane to the purpose of the lease. They are stipulations very common in such contracts, and plainly not a device to avoid the statutory requirement that expenditures for repairs or improvements on public property must not be made until appropriations are available. They were well within your implied powers under the statute authorizing you to make leases of property under your control. You might have accomplished the same result by a stipulation giving the lessee permission to make such repairs at its own expense and then instead of stipulating for a deduction of the expense from the reserved rent, stipulated for a lower monthly rental during the entire term than that now provided for.

Your second question, as to the deposit of insurance policies in the General Accounting Office, depends upon the meaning of section 3743 of the Revised Statutes, as amended by the Act of July 31, 1894, c. 174, sec. 18, 28 Stat. 210, which provides:

"All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress."

By the Act of June 10, 1921, c. 18, sections 304, 310, 42 Stat. 24, 25, the duties of the Auditors of the Treasury were transferred to the General Accounting Office. (See U. S. Code, Title 41, section 20.)

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These insurance policies are certainly not contracts 'made, by virtue of any law, and requiring the advance of money." The sole question is whether they are "in any manner connected with the settlement of public accounts."

I am advised that it is frequently necessary to make changes in these policies by amendment or endorsement or by the issuance of new policies in surrender of the old policies. It is also your duty to keep informed of the expiration dates and to make sure that the policies are kept in force. It also appears that in case of a fire the loss would have to be adjusted by you. While there may be some room for differences of opinion as to just what is meant by contracts "in any matter connected with the settlement of public accounts," since the responsibility for attending to the amendments, substitutions and expirations and adjustments under this insurance rests with you, and because of the practical inconvenience if the policies are not in your custody, I am disposed to resolve the doubt as to the meaning of the statute by holding that the policies should be left in your custody, and I advise that you are not required to deposit them in the General Accounting Office.

Respectfully,

WILLIAM D. MITCHELL.

To the SECRETARY OF WAR.

GOVERNMENT BILLS OF LADING-ATTORNEY GENERAL'S

OPINION

There is nothing contained in General Regulations No. 69 of the Comptroller General which can prohibit the exercise of the authority of the Secretary of War to negotiate lawful contracts for the furnishing of means of transportation of all classes and kinds required by the Army."

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The promulgation of Regulation 69 in so far as it interferes with the exercise of the statutory authority granted to the Secretary of War is not an exercise of the power to make regulations for accounting purposes granted to the Comptroller General, but is in effect an attempt to limit the authority of the Secretary of War, expressly granted by Act of Congress, and therefore, to this extent at least, is invalid.

The Attorney General declines to render an official opinion as to whether the Secretary of War may lawfully make shipments of Government property under the standard form of the Government bill of lading with clause 7, as prescribed by Regulation 69 of the Comptroller General, eliminated therefrom, and thus impose upon the Government's right to sue the carrier the limitations which are contained in the commercial bills of lading approved by the Interstate Commerce Commission, for the reason that upon this question there is conflict of judicial decision, the Department having repeatedly refused to render opinions which might bring it into conflict with a judicial tribunal.

DEPARTMENT OF JUSTICE,
June 13, 1930.

SIR: I have the honor to acknowledge the receipt of your letter of the 12th ultimo, wherein you state that:

"An unprecedented situation has arisen which tends seriously to affect and impede execution of duties of the War Department with respect to transportation of the Army and its supplies, due to the recent action of common carriers in declining to accept shipments of freight to be transported under the standard Government form of bill of lading. This action by the carriers resulted from adoption of a new form of Government bill of lading, the use of which was prescribed by the Comptroller General of the United States in General Regulations No. 69, dated August 24, 1928. The reason stated by carriers for their refusal to accept the new form is that a new clause, condition 7, reading as follows: 'In case of loss, damage, or shrinkage in transit, the rules and conditions governing commercial shipments shall not

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apply as to period within which notice thereof shall be given the carriers or to period within which claim therefor shall be made or suit instituted' was added therein."

My opinion is requested as to whether the Secretary of War has authority to cancel or authorize cancellation of clause 7 in Government bills of lading issued in his Department.

Your inquiry involves two questions: (1) Whether in contracts for the shipment, transportation, and delivery of Government property you are required by General Regulations No. 69 of the Comptroller General to include clause 7 of the Standard Form Government Bill of Lading. (2) If not required by the regulation of the Comptroller General to include this clause, whether you may lawfully make shipments of Government property under Standard Forms of the Government Bill of Lading with clause 7 eliminated.

In addition to clause 7, the Standard Form of Government bill of lading contains the following pertinent clauses: "2. Unless otherwise specifically provided or otherwise stated hereon, this bill of lading is subject to the same rules and conditions as govern commercial shipments made on the usual forms provided therefor by the carrier.

"3. Shipment made upon this bill of lading shall take no higher rate than would be charged had the shipment been made upon the uniform straight bill of lading or uniform express receipt."

The powers and duties of the Comptroller General are defined by Title III of the "Budget and Accounting Act, 1921" (42 Stat. 20, 23; U. S. C. Title 31, secs. 41, 44, 71, 46, 49, 52, 54). Among other provisions not material to this opinion the Act contains the following:

"SEC. 301. There is created an establishment of the Government to be known as the General Accounting Office, which shall be independent of the executive departments and under the control and direction of the Comptroller General of the United States

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"SEC. 304. All powers and duties now conferred or imposed by law upon the Comptroller of the Treasury or the six auditors of the Treasury Department, and the duties of

the Division of Bookkeeping and Warrants of the Office of the Secretary of the Treasury relating to keeping the personal ledger accounts of disbursing and collecting officers, shall, so far as not inconsistent with this Act, be vested in and imposed upon the General Accounting Office and be exercised without direction from any other officer.

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"SEC. 305. Section 236 of the Revised Statutes is amended to read as follows:

"SEC. 236. All claims and demands whatever by the Government of the United States or against it, and all accounts whatever in which the Government of the United States is concerned, either as debtor or creditor, shall be settled and adjusted in the General Accounting Office.'

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"SEC. 306. All laws relating generally to the administration of the departments and establishments shall, so far as applicable, govern the General Accounting Office.

"SEC. 309. The Comptroller General shall prescribe the forms, systems, and procedure for administrative appropriation and fund accounting in the several departments and establishments, and for the administrative examination of fiscal officers' accounts and claims against the United States.

"SEC. 311. (f) The Comptroller General shall make such rules and regulations as may be necessary for carrying on the work of the General Accounting Office.

"SEC. 312. (c) The Comptroller General shall specially report to Congress every expenditure or contract made by any department or establishment in any year in violation of law.

"(d) He shall submit to Congress reports upon the adequacy and effectiveness of the administrative examination of accounts and claims in the respective departments and establishments and upon the adequacy and effectiveness of departmental inspection of the offices and accounts of fiscal officers.

"SEC. 313. All departments and establishments shall furnish to the Comptroller General such information regarding the powers, duties, activities, organization, financial trans

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