December 1, 1939 2 holds that the negligence of the driver of an automobile is not attributable to a passenger, so as to bar the right of the latter against a third driver whose concurrent negligence caused the injuries complained of, in the absence of any showing that they were engaged in a joint enterprise, or that the passenger had anything to do with the operation of the car, or that he had any control over or right to direct the driver in its operation It having been concluded that the claimant's personal injuries and property damage were the result of negligence on the part of the Government employee, to which negligence she in no way contributed. it is my opinion that Mrs. Ehrhard's claim should be paid to the extent that it is properly supported by authenticated bills for medical and hospital services and by evidence of damage of personal property. She submits verified statements of account from St. Elizabeths Hospital for $27.50 and from Doctors L. E. and P. D. Marx for $87.50, a total of $115. Her sworn statement also indicated that her clothing was damaged to the extent of $25, and a new suitcase, purchased for the trip at a cost of $7.95, was also damaged. She states that this property may be inspected at her home in verification of her statement that it was in fact damaged. It therefore appears proper to add the sum of $32.95 to the item of $115, making a total of $147.95 to which the claimant is entitled. The item of $80 for nursing service should be rejected for the reason that it is not supported by any evidence of expenditure by the claimant. The same is true as to the claim for $270, which presumably is for pain and suffering. The act of June 28, 1937, supra, provides "that the amount allowed on account of personal injury shall be limited to necessary medical and hospital expenses." Upon acceptance by the claimant of the reduced amount in full settlement of her claim, it should be paid in the sum of $147.95. Approved: JOHN W. FINCH, Acting Under Secretary. UTAH OIL REFINING COMPANY Decided December 1, 1939 PUBLIC LANDS-RIGHTS OF WAY-STATUTORY CONSTRUCTION. The act of August 21, 1935 (47 Stat. 674), impliedly repealed all preexisting legislation which granted, by its terms, rights of way over the public lands for the transportation of oil. The granting of such rights of way is a matter within the discretion of the Secretary of the Interior. PUBLIC LANDS-RIGHTS OF WAY-TRESPASS. The occupancy of the public lands for the construction of a pipe line before approval of the pipe line right of way application constitutes a trespass. PUBLIC LANDS-TRESPASS-DAMAGES. Where a right of way over public lands is occupied before the application therefor is approved, the rental for the entire right of way accrues from date of initial entry and the Secretary may impose appropriate conditions to the granting of the application which will indemnify the United States. ICKES, Secretary of the Interior: The Utah Oil Refining Company, on August 7 and 11, 1939, filed applications for a pipe line right of way over some 130 miles of the public lands of the United States. These were suspended because incomplete. On or about August 7, and while action upon these applications was in suspense pending the filing of a proper application in the General Land Office, the Company, through its agent, a pipe-line construction contractor, entered upon the public lands involved and began construction of the pipe line, which has since been completed. When these facts were called to my attention, I directed the Company, by a telegram dated November 15, 1939, to cease operations upon the public domain and to refrain from using the pipe line, pending determination of the applications. The Company was thereby further notified that it would be given an opportunity on November 20 to show cause before me why its application should not be denied. The applicable law is section 28 of the act of February 25, 1920 (41 Stat. 437), as amended by the act of August 21, 1935 (49 Stat. 674). Prior to the amendment of 1935, section 28 read as follows: * * * are granted to any applicant Section 28. Rights of way through the public lands for pipe-line purposes for the transportation of oil possessing the [required] qualifications under such regulations as to survey, location, and use as may be prescribed by the Secretary of the Interior. [Italics supplied.] Under the 1920 act the practice, acquiesced in by this Department, had been for right-of-way applicants to enter upon the public lands simultaneously with the filing of their applications and without awaiting action thereon. Section 28 was amended, however, by the act of August 21, 1935 (49 Stat. 674), to read as follows: may be un Section 28. That rights-of-way through the public lands * granted by the Secretary of the Interior for pipe-line purposes der such regulations and conditions as to survey, location, application, and use as may be prescribed by the Secretary of the Interior * * Provided further, That no right-of-way shall hereafter be granted over said lands for the transportation of oil except under and subject to the provisions, *. [Italics supplied.] limitations, and conditions of this section The change in the wording of the section is significant. It is clear that under section 28, as amended, pipe-line rights of way over the public domain are no longer granted as a matter of right but that instead their granting is now a matter within the discretion of the December 1, 1939 Secretary of the Interior. Moreover, it is obvious that the 1935 amendment impliedly repealed any preexisting legislation which granted, by its terms, rights of way over the public lands for the transportation of oil. Cf. act of May 21, 1896 (29 Stat. 127). Pursuant to section 28 as amended, regulations applicable to pipeline rights-of-way were promulgated on May 23, 1938, and published in the Federal Register on June 1, 1938. 3 Fed. Reg. 1035 (1938); G. L. O. Cir. 1237a, 56 I. D. 533. Relevant paragraphs of these regulations required the Company to file maps showing the survey of the right of way, properly located with respect to the public land surveys, certified copies of its charter or articles of incorporation, etc. Paragraphs 1, 3 and 4, G. L. O. Cir. 1237a. Paragraph 61 of these regulations provides that: Any occupancy or use of public lands, including reservations, parks, or national forests, without proper authority, constitutes a trespass. Clearly, the occupancy of the public lands for the construction of the pipe line before the Company's application was approved constituted a trespass. At the hearing before me on November 20 the Company appeared through its authorized representatives and admitted the commission of the trespass. In avoidance it contended at the hearing that it was unaware of the changes which had been effected by the 1935 amendment in the law and practice concerning rights-of-way over the public lands. Further, it showed that it had not itself committed the actual trespass but had retained and relied upon an experienced pipe line construction contractor for the building of the pipe line. The fact that the trespass was committed by its agent and not by the Company does not relieve it of liability therefor. Although the Company apparently had no deliberate intention to violate either the law or the regulations, there was a careless disregard of the rights and interests of the United States. No one has the right to appropriate public lands for private use without specific statutory authority so to do and then only in strict compliance with the terms of such statute and regulations. Although there was careless wrongdoing in this case, the applications will not be denied because of the trespass committed. However, the facts do warrant the imposition of appropriate conditions to the granting of the application which will indemnify the United States. Accordingly, since it appears from an investigation that the pipe line is in the public interest and will benefit the people of both Wyoming and Utah, the Commissioner of the General Land Office is hereby instructed to grant the application upon condition that the Company pay in advance the rental required by the regulations (G. L. O. Cir. 1459, August 7, 1939), such rental to commence for the entire right of way as of August 7, 1939, the date of original entry upon the public lands, plus the sum of $500, this being a fair estimate of the damage and expense caused the United States by the trespass. These conditions are in addition to such other conditions to the granting of the right-of-way as may be appropriate. So Ordered. AUTHORITY OF THE DEPARTMENT TO DISSEMINATE Opinion, December 7, 1939 AUTHORITY OF THE DEPARTMENT TO DISSEMINATE INFORMATION. The Department and the Secretary of the Interior have authority to disseminate information generally to the public except that (1) a "publicity expert" may not be employed unless specifically authorized by Congress, and (2) any attempt to stir up private citizens to influence Congressional legislation is prohibited. Except as so limited, any method or means which, as a matter of administrative discretion, is determined to be feasible, desirable, or economical may be used to disseminate information. BROADCASTING AUTHORITY OF THE DEPARTMENT TO DISSEMINATE INFORMATION. The Department of the Interior is authorized to disseminate information by means of radio. APPROPRIATIONS FOR DEPARTMENTAL FUNCTION CONSTITUTES LEGISLATIVÉ APPROVAL Enactment of appropriations for functions of which Congress has been made cognizant constitutes legislative approval of such functions. STATUTES-ADMINISTRATIVE INTERPRETATION. An administrative interpretation of a statute, embodied in a long-continued practice by Government agencies, known to and acquiesced in by Congress, has the force and effect of law. MARGOLD, Solicitor: My opinion has been requested with respect to whether the Secretary of the Interior and the Department of the Interior have authority to disseminate, through the medium of the radio, information pertaining to the various functions of the Department and its constituent bureaus. I am of the opinion that both the Department and the Secretary have such authority, subject to two limitations hereinafter discussed. No specific statutory authority for departmental broadcasting exists. However, to the extent that the Department has statutory authority to disseminate information generally, it may in its discretion determine the most economical and effective means by which to do so, whether by radio or any other media, and for that purpose may use funds appropriated generally for administrative expenses. (Decision of the Acting Comptroller General, A-82749, Jan. 7, 1937, cited with approval by the Comptroller General in Decision of June 24, December 7, 1939 1939, 18 Comp. Gen. 978 (1939).) It is therefore necessary to determine the extent of authority to disseminate information generally. By various statutes Congress has specifically imposed upon bureaus of the Department the duty to collect, interpret, distribute, and "disseminate information," and to "promote" the functions for which the bureaus were designed. See act of August 25, 1916, establishing the National Park Service (39 Stat. 535, 16 U. S. C. sec. 1); the Bureau of Mines (30 U. S. C. (1934), secs. 3, 5, 8); Geological Survey (43 U. S. C. (1934), secs. 41, 42, 45; 44 U. S. C. (1934), sec. 266); Office of Indian Affairs (25 U. S. C. (1934), sec. 13). * * * * * * * * In addition to these statutes, appropriation acts have regularly included authority and funds to enable the Department to fulfill its duty to keep the people acquainted with its functions. Typical is the Interior Department Appropriation Act of 1940 (53 Stat. 685). Specific provision is made for the "* coordinating and interchange of information relative to the conservation of oil and gas * *." The funds appropriated for the National Bituminous Coal Commission are to be spent "for public instruction and information deemed necessary * * * in performing the duties imposed by the Bituminous Coal Act of 1937 * *" which authorizes the performance of all acts "deemed necessary to promote the use of coal and its derivatives," and which regulates the "disclosure of information" (50 Stat. 74, secs. 2 (a), 10, 15 U. S. C. (1934), secs. 829, 840). Expenditures are authorized in the appropriation act for the promotion of fire prevention, for the development of agriculture and stock raising among Indians, the conducting of agricultural experiments and demonstrations, the conservation of Indian health including the use of "circulars and pamphlets for use in preventing * * diseases," objectives often best achieved by education and the dissemination of information. The Bureau of Mines, further, may incur expenditures to "promote safety and health and to teach mine safety * * * methods * * * and to make statistical studies and reports * * and inquiries and investigations, and * * * * the dissemination of information * * * including studies and reports ***." [Italics supplied.] The National Park Service is similarly authorized to incur expenditures for "motion-picture films * * * and * developing the educational work of the National Park Service," including "educational lectures Funds appropriated for the Virgin Islands may be used for "scientific investigations of plants and plant industries, and diseases of animals; demonstrations in practical farming." And all amounts received by the Alaska Railroad during the fiscal year 1940 are to remain available until expended "for the benefit and development of * * travel ," a result best accomplished by dissemination of informa |