A-10502, JULY 25, 1925, 5 COMP. GEN. 57

A-10502: Jul 25, 1925

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PERSONAL FURNISHINGS - COATS AND APRONS WAITERS' COATS AND COOKS' APRONS FOR USE OF THE WAITER AND COOK EMPLOYED AS MEMBERS OF THE CREW OF A BOAT OPERATED IN THE MAINTENANCE AND IMPROVEMENT OF EXISTING RIVER AND HARBOR WORKS ARE ARTICLES NECESSARY FOR USE IN THE PERFORMANCE OF THE REGULAR DUTIES FOR WHICH THE EMPLOYEES WEARING THEM WERE ENGAGED AND CONSTITUTE PERSONAL EQUIPMENT SUCH AS THE EMPLOYEES WHO OFFER THEMSELVES FOR SUCH SERVICE SHOULD BE REQUIRED TO FURNISH. THEIR PURCHASE FROM PUBLIC FUNDS IS NOT AUTHORIZED. I HAVE YOUR LETTER DATED JULY 6. SUBMITTING WITH RESPECT FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED UNDER THE APPROPRIATION "MAINTENANCE OF IMPROVEMENT OF EXISTING RIVER AND HARBOR WORKS FOR PUGET SOUND AND TRIBUTARY WATERS.

A-10502, JULY 25, 1925, 5 COMP. GEN. 57

PERSONAL FURNISHINGS - COATS AND APRONS WAITERS' COATS AND COOKS' APRONS FOR USE OF THE WAITER AND COOK EMPLOYED AS MEMBERS OF THE CREW OF A BOAT OPERATED IN THE MAINTENANCE AND IMPROVEMENT OF EXISTING RIVER AND HARBOR WORKS ARE ARTICLES NECESSARY FOR USE IN THE PERFORMANCE OF THE REGULAR DUTIES FOR WHICH THE EMPLOYEES WEARING THEM WERE ENGAGED AND CONSTITUTE PERSONAL EQUIPMENT SUCH AS THE EMPLOYEES WHO OFFER THEMSELVES FOR SUCH SERVICE SHOULD BE REQUIRED TO FURNISH. IN THE ABSENCE OF A SPECIFIC APPROPRIATION THEREFOR, THEIR PURCHASE FROM PUBLIC FUNDS IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO MAJ. R. C. CRAWFORD, UNITED STATES ARMY, JULY 25, 1925:

BY INDORSEMENT OF THE CHIEF OF ENGINEERS, UNITED STATES ARMY, I HAVE YOUR LETTER DATED JULY 6, 1925, SUBMITTING WITH RESPECT FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED UNDER THE APPROPRIATION "MAINTENANCE OF IMPROVEMENT OF EXISTING RIVER AND HARBOR WORKS FOR PUGET SOUND AND TRIBUTARY WATERS," A VOUCHER IN FAVOR OF JOHN E. KELLEY FOR $3.13 COVERING THE PURCHASE PRICE OF ONE WAITER'S COAT AND ONE COOK'S APRON FOR USE OF THE WAITER AND COOK EMPLOYED AS MEMBERS OF THE CREW ON THE SNAGBOAT SWINOMISH, WHICH IS OPERATED BY THE SEATTLE DISTRICT ENGINEER'S OFFICE ON PUGET SOUND AND ITS TRIBUTARY WATERS.

YOU STATE THAT THE ARTICLES ARE FOR THE USE OF EMPLOYEES WHEN ENGAGED IN THE PREPARATION AND SERVICE OF MEALS TO OTHER MEMBERS OF THE CREW; THAT THEIR USE IS CONSIDERED NECESSARY FROM THE GOVERNMENT'S STANDPOINT AS A MEASURE OF CLEANLINESS AND THE MAINTENANCE OF THE GENERAL HEALTH OF THE CREW; THAT THE ARTICLES ARE NOT INTENDED PRIMARILY FOR THE PROTECTION OF THE CLOTHING OF THE PERSONS WEARING THEM, BUT ARE FOR THE PROTECTION OF THE CREW AS A WHOLE; AND THEREFORE THAT THEIR USE REDOUNDS TO THE BENEFIT OF THE GOVERNMENT.

THE APPROPRIATION FROM WHICH IT IS PROPOSED TO PAY FOR THESE ARTICLES, ACT OF FEBRUARY 12, 1925, 43 STAT. 930, PROVIDES:

TO BE IMMEDIATELY AVAILABLE AND TO BE EXPENDED UNDER THE DIRECTION OF THE SECRETARY OF WAR AND THE SUPERVISION OF THE CHIEF OF ENGINEERS.

FOR THE PRESERVATION AND MAINTENANCE OF EXISTING RIVER AND HARBOR WORKS, AND FOR THE PROSECUTION OF SUCH PROJECTS HERETOFORE AUTHORIZED AS MAY BE MOST DESIRABLE IN THE INTERESTS OF COMMERCE AND NAVIGATION; FOR SURVEY OF NORTHERN AND NORTHWESTERN LAKES * * * INCLUDING ALL NECESSARY EXPENSES FOR PREPARING, CORRECTING, EXTENDING, PRINTING, BINDING, AND ISSUING CHARTS AND BULLETINS AND OF INVESTIGATING LAKE LEVELS WITH A VIEW TO THEIR REGULATION; AND FOR THE PREVENTION OF OBSTRUCTIVE AND INJURIOUS DEPOSITS WITHIN THE HARBOR AND ADJACENT WATERS OF NEW YORK CITY, FOR PAY OF INSPECTORS, DEPUTY INSPECTORS, CREWS, AND OFFICE FORCE, AND FOR MAINTENANCE OF PATROL FLEET AND EXPENSES OF OFFICE, $40,000,000.

WAITERS' COATS AND COOKS' APRONS ARE ESSENTIALLY PERSONAL FURNISHINGS OF A CHARACTER FOR WHICH THE PUBLIC FUNDS ARE NOT AVAILABLE UNLESS IT IS SHOWN THAT THEIR USE IS NECESSARY TO ACCOMPLISH A PURPOSE FOR WHICH THE APPROPRIATION SOUGHT TO BE CHARGED IS MADE. IN THIS CASE IT IS NOT SHOWN THAT THE PURPOSES OF THE APPROPRIATION CAN NOT BE ACCOMPLISHED AS EXPEDITIOUSLY AND SATISFACTORILY FROM THE GOVERNMENT'S STANDPOINT WITHOUT SUCH ARTICLES. BUT, EVEN IF IT WERE SHOWN THAT THE USE OF SUCH EQUIPMENT WAS NECESSARY FROM THE GOVERNMENT'S STANDPOINT, THE ARTICLES--- BEING INTENDED FOR USE IN THE PERFORMANCE OF THE REGULAR DUTIES FOR WHICH THE EMPLOYEES WEARING THEM WERE ENGAGED--- WOULD APPEAR TO CONSTITUTE PERSONAL EQUIPMENT SUCH AS THE EMPLOYEES WHO OFFER THEMSELVES FOR SUCH SERVICE SHOULD BE REQUIRED TO FURNISH. 3 COMP. GEN. 433; ID. 926.

AS NO STATUTORY PROVISION IS MADE FOR PERSONAL FURNISHINGS IN THE APPROPRIATION ACT OF FEBRUARY 12, 1925, SUPRA, OR OTHERWISE, YOU ARE ADVISED THAT THE PROPOSED PAYMENT IS NOT AUTHORIZED.