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A-36555, MAY 13, 1931, 10 COMP. GEN. 522

A-36555 May 13, 1931
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SAID EMPLOYEE IS NOT AUTHORIZED TO ADMINISTER SUCH OATHS. 1931: I HAVE YOUR LETTER OF APRIL 27. ARE HEREBY AUTHORIZED AND DIRECTED. THIS WAS DONE ON APRIL 7. IT NOW APPEARS THAT THERE WAS NO NECESSITY FOR DESIGNATING HIM TO ADMINISTER OATHS OF OFFICE. IS AMPLE AUTHORITY FOR THAT PURPOSE. THAT PART OF THE DESIGNATION WHICH RELATES TO ADMINISTERING OATHS TO EXPENSE ACCOUNTS IS APPROPRIATE UNDER THE ACT OF AUGUST 24. CROSTHWAIT'S TITLE WAS SENIOR ADMINISTRATIVE ASSISTANT. IT WAS LATER CHANGED TO CHIEF. HIS DUTIES HAVE ALWAYS BEEN COMPARABLE TO THOSE OF A CHIEF CLERK OF A BUREAU. IS APPARENTLY AUTHORIZED BY THE LAWS MENTIONED. ARE HEREBY AUTHORIZED AND DIRECTED. ARE REQUIRED. WHO AT THE TIME ARE ALSO SALARIED OFFICERS OR EMPLOYEES OF THE UNITED STATES.

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A-36555, MAY 13, 1931, 10 COMP. GEN. 522

OATHS TO TRAVEL EXPENSE VOUCHERS AS SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, WHICH SPECIFICALLY ENUMERATES THE CLASS OF OFFICERS AND EMPLOYEES AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS TO ACCOUNTS FOR TRAVEL AND OTHER EXPENSES AGAINST THE UNITED STATES, DOES NOT INCLUDE "CHIEF, ADMINISTRATIVE SECTION," AERONAUTICS BRANCH, DEPARTMENT OF COMMERCE, SAID EMPLOYEE IS NOT AUTHORIZED TO ADMINISTER SUCH OATHS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, MAY 13, 1931:

I HAVE YOUR LETTER OF APRIL 27, 1931, AS FOLLOWS:

THE GENERAL ACCOUNTING OFFICE HAS ON SEVERAL OCCASIONS QUESTIONED THE RIGHT OF MR. S. W. CROSTHWAIT OF THE AERONAUTICS BRANCH TO ADMINISTER OATHS TO EXPENSE ACCOUNTS.

THE ACT OF AUGUST 24, 1912, PERMITS, AMONG OTHERS MENTIONED,"CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE" TO ADMINISTER OATHS TO EXPENSE ACCOUNTS.

THE ACT OF AUGUST 29, 1890, PROVIDES: "THE CHIEF CLERKS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND OF THE VARIOUS BUREAUS AND OFFICES IN WASHINGTON, DISTRICT OF COLUMBIA, ARE HEREBY AUTHORIZED AND DIRECTED, ON APPLICATION AND WITHOUT COMPENSATION THEREFOR, TO ADMINISTER OATHS OF OFFICE TO EMPLOYEES REQUIRED TO BE TAKEN ON THEIR APPOINTMENT OR PROMOTION.'

ON APRIL 3, 1928, THE DIRECTOR OF AERONAUTICS REQUESTED THE DEPARTMENT TO AUTHORIZE MR. S. W. CROSTHWAIT TO ADMINISTER OATHS OF OFFICE REQUIRED BY LAW, OR OTHERWISE, TO ACCOUNTS FOR TRAVEL AND OTHER EXPENSES AGAINST THE UNITED STATES, AND THIS WAS DONE ON APRIL 7, 1928. IT NOW APPEARS THAT THERE WAS NO NECESSITY FOR DESIGNATING HIM TO ADMINISTER OATHS OF OFFICE, AS THE ACT OF AUGUST 29, 1890, IS AMPLE AUTHORITY FOR THAT PURPOSE, BUT THAT PART OF THE DESIGNATION WHICH RELATES TO ADMINISTERING OATHS TO EXPENSE ACCOUNTS IS APPROPRIATE UNDER THE ACT OF AUGUST 24, 1912.

AT THE TIME OF HIS ORIGINAL DESIGNATION FOR THE PURPOSE MENTIONED MR. CROSTHWAIT'S TITLE WAS SENIOR ADMINISTRATIVE ASSISTANT, AND IT WAS LATER CHANGED TO CHIEF, ADMINISTRATIVE SECTION. HIS DUTIES HAVE ALWAYS BEEN COMPARABLE TO THOSE OF A CHIEF CLERK OF A BUREAU, AND THE ADMINISTRATION BY HIM OF AN OATH TO AN EXPENSE ACCOUNT, OR AN OATH OF OFFICE, IS APPARENTLY AUTHORIZED BY THE LAWS MENTIONED.

THE ACT OF AUGUST 29, 1890, 26 STAT. 371, PROVIDES:

AND THE CHIEF CLERKS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND OF THE VARIOUS BUREAUS AND OFFICES THEREOF IN WASHINGTON, DISTRICT OF COLUMBIA, ARE HEREBY AUTHORIZED AND DIRECTED, ON APPLICATION AND WITHOUT COMPENSATION THEREFOR, TO ADMINISTER OATHS OF OFFICE TO EMPLOYEES REQUIRED TO BE TAKEN ON THEIR APPOINTMENT OR PROMOTION.

THE FOREGOING HAS REFERENCE TO OATHS OF OFFICE TO EMPLOYEES REQUIRED TO BE TAKEN ON THEIR APPOINTMENT OR PROMOTION, AND NOT TO OATHS ADMINISTERED TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES.

SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, PROVIDES AS FOLLOWS:

AFTER JUNE THIRTIETH, NINETEEN HUNDRED AND TWELVE, POSTMASTERS, ASSISTANT POSTMASTERS, COLLECTORS OF CUSTOMS, COLLECTORS OF INTERNAL REVENUE, CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE, THE SUPERINTENDENT, THE ACTING SUPERINTENDENT, CUSTODIAN, AND PRINCIPAL CLERKS OF THE VARIOUS NATIONAL PARKS AND OTHER GOVERNMENT RESERVATIONS, SUPERINTENDENT, ACTING SUPERINTENDENTS, AND PRINCIPAL CLERKS OF THE DIFFERENT INDIAN SUPERINTENDENCIES OR INDIAN AGENCIES, AND CHIEFS OF FIELD PARTIES, ARE REQUIRED, EMPOWERED, AND AUTHORIZED, WHEN REQUESTED, TO ADMINISTER OATHS, REQUIRED BY LAW OR OTHERWISE, TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES, WITH LIKE FORCE AND EFFECT AS OFFICERS HAVING A SEAL; FOR SUCH SERVICES WHEN SO RENDERED, OR WHEN RENDERED ON DEMAND AFTER SAID DATE BY NOTARIES PUBLIC, WHO AT THE TIME ARE ALSO SALARIED OFFICERS OR EMPLOYEES OF THE UNITED STATES, NO CHARGE SHALL BE MADE; AND ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND TWELVE, NO FEE OR MONEY PAID FOR THE SERVICES HEREIN DESCRIBED SHALL BE PAID OR REIMBURSED BY THE UNITED STATES.

PARAGRAPH 115 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS HAS INCORPORATED THEREIN THE PROVISIONS OF SECTION 8 OF THE ACT OF AUGUST 24, 1912, SUPRA, WHICH GOVERN GENERALLY THE MATTER AS TO WHO MAY ADMINISTER OATHS TO EXPENSE ACCOUNTS; AND WHILE THE LIST INCLUDES CHIEF CLERK OF A BUREAU, IT DOES NOT INCLUDE "CHIEF, ADMINISTRATIVE SECTION," EVEN THOUGH THE DUTIES ARE AS YOU STATE COMPARABLE TO THOSE OF A CHIEF CLERK OF A BUREAU.

IN A SIMILAR QUESTION CONSIDERED BY THIS OFFICE IN DECISION OF MAY 28, 1930, A-31806, IT WAS HELD AS FOLLOWS:

ONE PURPOSE OF REQUIRING OATHS TO BE ADMINISTERED TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES IS THAT THE PERSON SUBMITTING THE ACCOUNT AND SUBSCRIBING TO THE OATH MAY BE HELD CRIMINALLY LIABLE FOR ANY FALSE STATEMENT CONTAINED THEREIN. HENCE, IF THE LEGALITY OF THE OATH ACTION IN WHICH THE STATUTE WOULD BE CONSTRUED STRICTLY. THEREFORE, THE SHOULD EVER BE BROUGHT INTO QUESTION IT PROBABLY WOULD BE IN CRIMINAL INTERESTS OF THE GOVERNMENT WOULD SEEM TO REQUIRE THAT THE TERMS OF THE STATUTE BE APPLIED LITERALLY RATHER THAN ENLARGED BY CONSTRUCTION.

NOT ONLY IS MR. CROSTHWAIT NOT A CHIEF CLERK, BUT IT DOES NOT APPEAR THAT THE SECTION OR UNIT UNDER HIS ADMINISTRATIVE SUPERVISION IS A BUREAU WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912.

THEREFORE, UPON THE FACTS PRESENTED IT MUST BE HELD THAT HE IS NOT AUTHORIZED UNDER THE ACT OF AUGUST 24, 1912, SUPRA, TO ADMINISTER OATHS TO EXPENSE ACCOUNTS.

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