A-5612, JANUARY 27, 1925, 4 COMP. GEN. 630

A-5612, JANUARY 27, 1925, 4 COMP. GEN. 630

CONVENTIONS AND MEETINGS - TRANSPORTATION EXPENSES OF OFFICERS AND EMPLOYEES ATTENDING AS THE ACT OF JUNE 26, 1912, 37 STAT. 184, PROHIBITS THE PAYMENT FROM PUBLIC FUNDS OF EXPENSES OF ATTENDANCE OF AN OFFICER OR EMPLOYEE OF THE UNITED STATES AT ANY CONVENTION OR MEETING, IN THE ABSENCE OF A SPECIFIC APPROPRIATION FOR SUCH PURPOSE OR AN EXPRESS PROVISION THEREFOR IN SOME GENERAL APPROPRIATION, PAYMENT OF THE TRANSPORTATION EXPENSES OF AN ENGINEER OF THE BUREAU OF MINES INCURRED IN ATTENDING A CONVENTION OR MEETING WITHOUT SUCH AN APPROPRIATION OR PROVISION IS UNAUTHORIZED; BUT WHERE SUCH SERVICE HAS BEEN RENDERED AT CONVENTION RATES BY A CARRIER ON A GOVERNMENT TRANSPORTATION REQUEST PAYMENT MAY BE ALLOWED THE CARRIER AND THE AMOUNT THEREOF REQUIRED TO BE REIMBURSED BY THE TRAVELER. 4 COMP. GEN. 421 MODIFIED.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 27, 1925:

THIS OFFICE HAS FOR CONSIDERATION THE QUESTION AS TO THE ALLOWANCE OF THREE BILLS PRESENTED BY THE BALTIMORE AND OHIO RAILROAD COMPANY, NOS. 70744 FOR $146.16, 70742 FOR $158.57, AND 70745 FOR $150.06, APPROVED ADMINISTRATIVELY, FOR PAYMENT FROM VARIOUS APPROPRIATIONS FOR THE BUREAU OF MINES. THESE CLAIMS INCLUDE THE FOLLOWING TRANSPORTATION REQUESTS:

I-215287, MAY 12, 1924, BILL 70744, TRANSPORTATION OF J. E. CRANSHAW, EXPLOSIVE ENGINEER, PITTSBURGH, PA., TO CINCINNATI, OHIO, AND RETURN, CHARGE $16.79.

I-215117, MAY 23, 1924, BILL 70742, O. P. HOOD, CHIEF MECHANICAL ENGINEER, WASHINGTON, D.C., TO CLEVELAND, OHIO CHARGE $15.63.

I-215118, MAY 29, 1924, BILL 70745, IS FOR THE RETURN OF MR. HOOD AND THE CHARGE MADE IS $7.82.

IT APPEARS THAT THE TRAVEL OF MR. CRANSHAW WAS FOR THE PURPOSE OF ATTENDING THE CONVENTION OF NATIONAL COAL ASSOCIATION AND AMERICAN MINING CONGRESS, HELD IN CINCINNATI MAY 12-17, 1924, WHILE MR. HOOD'S TRAVEL WAS FOR THE PURPOSE OF ATTENDING THE JOINT MEETING OF THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS, AMERICAN SOCIETY OF REFRIGERATING ENGINEERS, AND AMERICAN SOCIETY FOR TESTING MATERIALS, HELD IN CLEVELAND MAY 26-30, 1924.

THE ACT OF JUNE 26, 1912, 37 STAT. 184, PROVIDES:

SEC. 8. NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE EXPENDED FOR MEMBERSHIP FEES OR DUES OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA IN ANY SOCIETY OR ASSOCIATION OR FOR EXPENSES OF ATTENDANCE OF ANY PERSON AT ANY MEETING OR CONVENTION OF MEMBERS OF ANY SOCIETY OR ASSOCIATION, UNLESS SUCH FEES, DUES, OR EXPENSES ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION.

THE DIRECTOR OF THE BUREAU OF MINES REPORTED TO THIS OFFICE UNDER DATE OF OCTOBER 2, 1924, AS FOLLOWS:

IT IS NOT BELIEVED THAT THIS TRAVEL EXPENSE VIOLATES THE PROVISIONS OF SECTION 28 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, AND THE FOLLOWING INFORMATION IS SUBMITTED WITH THE REQUEST THAT CLAIMS BE PAID AND CHARGED AGAINST THE APPROPRIATION "INVESTIGATING MINE ACCIDENTS, 1924," AND ,FUEL TESTING, BUREAU OF MINES, 1924.'

MR. J. E. CRANSHAW IS AN EXPLOSIVE ENGINEER OF THE BUREAU OF MINES, STATIONED AT PITTSBURGH, PA. HE WAS ORDERED TO BE IN CINCINNATI, OHIO, ON MAY 13, 1924, TO CONFER WITH CERTAIN POWDER MANUFACTURERS, COAL OPERATORS, MINING ENGINEERS, AND OTHERS INTERESTED IN THE USE OF EXPLOSIVE POWDER, ON THE SUBJECT OF OBTAINING BETTER METHODS OF BLASTING. THE CONFERENCE MET ON MAY 13 AND 14. AT THE CONCLUSION OF THE CONFERENCE MR. CRANSHAW RETURNED TO THE PITTSBURGH STATION.

MR. O. P. HOOD IS CHIEF MECHANICAL ENGINEER OF THE BUREAU OF MINES. HEWAS ORDERED TO CLEVELAND TO CONFER WITH REPRESENTATIVES OF CERTAIN PUBLIC-SERVICE UTILITES ON MATTERS RELATING TO A GREATER EFFICIENCY IN THE USE OF FUEL AND WITH A REPRESENTATIVE OF THE UNIVERSITY OF MICHIGAN ON THE SUBJECT OF FUEL CONSERVATION. BECAUSE ALL OF THE PARTIES WITH WHOM HE WAS TO CONFER WERE IN CLEVELAND DURING THE MEETING OF THE ASSOCIATIONS REFERRED TO IN YOUR LETTER, A GREAT DEAL OF TIME AND EXPENSE IN TRAVEL WAS SAVED BY HAVING MR. HOOD CONFER WITH THEM IN CLEVELAND AT THAT TIME RATHER THAN INDIVIDUALLY AND AT OTHER POINTS THROUGHOUT THE COUNTRY.

IT WOULD SEEM THAT THE ABOVE COMES UNDER THE DUTIES IMPOSED UPON THE BUREAU OF MINES BY THE ACT APPROVED FEBRUARY 25, 1913, 37 STAT. 681, AND YOUR APPROVAL OF THE EXPENDITURES IN QUESTION IS ACCORDINGLY REQUESTED.

THE APPROPRIATIONS "INVESTIGATING MINE ACCIDENTS, 1924," AND "TESTING FUEL, BUREAU OF MINES AS PROVIDED IN THE ACT OF FEBRUARY 25, 1913, 37 STAT. 681, AND FOR THE ACTUAL NECESSARY TRAVELING EXPENSES OF EMPLOYEES ENGAGED THEREON WHILE ABSENT FROM THEIR RESPECTIVE STATIONS ON OFFICIAL BUSINESS, BUT DO NOT PROVIDE IN SPECIFIC TERMS FOR ATTENDANCE AT MEETINGS OR CONVENTIONS.

THE CARRIER IS CLAIMING CONVENTION FARES FOR THE TRAVEL, AS AUTHORIZED IN SPECIAL FARE BULLETIN NO. 40, AGENT C. M. BURT'S I.C.C. 89, EFFECTIVE APRIL 26, 1924, IN ACCORDANCE WITH WHICH THE TRAVELERS TO OBTAIN THAT FARE WERE REQUIRED TO PRESENT TO CARRIER'S AGENTS CERTIFICATES THAT THEY WERE BONA FIDE MEMBERS OF THE ORGANIZATION HOLDING THE CONVENTION. SECTION 8 OF THE ACT OF JUNE 26, 1912, SUPRA, PROHIBITS THE EXPENDITURE OF MONEY APPROPRIATED BY CONGRESS FOR EXPENSES OF ATTENDANCE OF ANY PERSON AT ANY MEETING OR CONVENTION UNLESS SUCH EXPENSES ARE AUTHORIZED TO BE PAID BY THE SPECIFIC APPROPRIATIONS FOR SUCH PURPOSE, OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION.

THE BUREAU OF EDUCATION, DEPARTMENT OF THE INTERIOR, HAS SECURED THE REQUIRED SPECIFIC APPROPRIATION; 42 STAT. 1204. ALSO THE GEOLOGICAL SURVEY; 42 STAT. 1208. THE POST OFFICE DEPARTMENT SECURED AN EXCEPTION IN THE ACT OF AUGUST 24, 1912, 37 STAT. 560, APPLYING TO THAT ACT, BUT THIS EXCEPTION APPEARS TO HAVE BEEN DROPPED IN SUBSEQUENT ACTS. THE DEPARTMENT OF AGRICULTURE HAS A GENERAL EXCEPTION; 37 STAT. 855. THE PUBLIC HEALTH SERVICE CARRIED A SPECIFIC APPROPRIATION FROM YEAR TO YEAR; 42 STAT. 1101, ETC. THE BUREAU OF STANDARDS HAS ALSO SECURED SPECIFIC APPROPRIATIONS; 42 STAT. 1117. THE FEDERAL BOARD FOR VOCATIONAL EDUCATION SECURED A SPECIFIC APPROPRIATION FOR SUCH ATTENDANCE; 41 STAT. 737.

THERE APPEARS TO BE NO SPECIFIC PROVISION FOR PAYMENT OF SUCH EXPENSES OUT OF THE APPROPRIATIONS FOR THE BUREAU OF MINES. IT WOULD THEREFORE APPEAR THAT SUCH APPROPRIATIONS ARE NOT AVAILABLE FOR SUCH EXPENDITURES.

HOWEVER, THE REQUESTS FOR THIS SERVICE HAVING BEEN IN PROPER FORM AND VALID UPON THEIR FACE, WITHOUT ERASURE OR ALTERATION, THE CARRIER SHOULD BE PAID FOR THE SERVICE, THE COST OF WHICH SHOULD BE REIMBURSED BY THE TRAVELERS WHO SECURED SUCH UNAUTHORIZED TRANSPORTATION. THE DECISION OF NOVEMBER 1, 1924, 4 COMP. GEN. 421, IS MODIFIED ACCORDINGLY.