A-10915, AUGUST 26, 1925, 5 COMP. GEN. 149

A-10915: Aug 26, 1925

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GENERAL REPAIRS TO SUCH BUILDINGS CAN BE MADE ONLY FROM THE SPECIFIC APPROPRIATION FOR REPAIRS TO ARSENALS IF THE BUILDINGS OR PARTS THEREOF HAVE NOT BEEN ABANDONED AS ARSENAL BUILDINGS AND ASSIGNED EXCLUSIVELY TO THE PROHIBITION FORCES. 1925: I HAVE YOUR LETTER OF AUGUST 14. IS WILLING TO ASSIGN SPACE IN CERTAIN BUILDINGS AT THAT POST FOR THE STORAGE OF LIQUORS AND VEHICLES SEIZED UNDER THE PROVISIONS OF THE NATIONAL PROHIBITION ACT. THE SPACE WHICH IS PROPOSED TO ASSIGN CAN NOT BE UTILIZED IN ITS PRESENT CONDITION. AS THE BUILDINGS ARE IN SUCH POOR REPAIR THAT THEY WOULD AFFORD LITTLE PROTECTION TO THE LIQUOR AND PROPERTY STORED THEREIN. IT IS ALSO NECESSARY TO BUILD A RUNWAY IN ORDER TO GET VEHICLES IN THE BUILDING.

A-10915, AUGUST 26, 1925, 5 COMP. GEN. 149

PUBLIC BUILDINGS - REPAIRS AND ALTERATIONS MINOR REPAIRS OR ALTERATIONS NECESSARY TO ADAPT ARSENAL BUILDINGS BELONGING TO THE WAR DEPARTMENT, BUT ASSIGNED TO THE PROHIBITION FORCES FOR THE STORAGE OF SEIZED LIQUORS AND VEHICLES, TO THE PARTICULAR NEEDS OF THE PROHIBITION FORCES MAY BE MADE AND THE COSTS THEREOF CHARGED AGAINST THE APPROPRIATION FOR "ENFORCEMENT OF THE NARCOTIC AND NATIONAL PROHIBITION ACTS, 1926.' GENERAL REPAIRS TO SUCH BUILDINGS CAN BE MADE ONLY FROM THE SPECIFIC APPROPRIATION FOR REPAIRS TO ARSENALS IF THE BUILDINGS OR PARTS THEREOF HAVE NOT BEEN ABANDONED AS ARSENAL BUILDINGS AND ASSIGNED EXCLUSIVELY TO THE PROHIBITION FORCES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 26, 1925:

I HAVE YOUR LETTER OF AUGUST 14, 1925, REQUESTING DECISION OF A QUESTION PRESENTED AS FOLLOWS:

THE WAR DEPARTMENT, THROUGH THE COMMANDING OFFICER OF THE SCHUYLKILL ARSENAL, IS WILLING TO ASSIGN SPACE IN CERTAIN BUILDINGS AT THAT POST FOR THE STORAGE OF LIQUORS AND VEHICLES SEIZED UNDER THE PROVISIONS OF THE NATIONAL PROHIBITION ACT. THE SPACE WHICH IS PROPOSED TO ASSIGN CAN NOT BE UTILIZED IN ITS PRESENT CONDITION, AS THE BUILDINGS ARE IN SUCH POOR REPAIR THAT THEY WOULD AFFORD LITTLE PROTECTION TO THE LIQUOR AND PROPERTY STORED THEREIN. IT IS ALSO NECESSARY TO BUILD A RUNWAY IN ORDER TO GET VEHICLES IN THE BUILDING.

THE WAR DEPARTMENT IS UNWILLING TO EXPEND THE NECESSARY FUNDS FOR REPAIRS AND ALTERATIONS TO MAKE THE SPACE SUITABLE AND SECURE FOR THE BENEFIT OF THE PROHIBITION UNIT. THE FLOOR OF THE PASSAGEWAY LEADING TO THE MAIN STOREROOM WHERE IT IS PROPOSED TO STORE LIQUORS IS ROTTED AWAY, EXPOSING A MASS OF SMALL PIPES. IT WILL BE NECESSARY TO LAY A NEW FLOOR IN THIS PASSAGEWAY AND ERECT A DOOR TO CLOSE AN OPENING LEADING TO A STAIRWAY; ALSO PROVIDE ELECTRIC-LIGHT BULBS AND EXTENSION CORDS. IT IS ESTIMATED THAT THESE SUPPLIES AND REPAIRS WILL COST APPROXIMATELY $800.00.

IN ORDER TO UTILIZE SPACE FOR VEHICLES IT WILL BE NECESSARY TO ERECT A RUNWAY AND MAKE REPAIRS TO THE ROOF AND DOORS OF THE BUILDING AT AN ESTIMATED EXPENDITURE OF $450.

YOUR DECISION IS REQUESTED AS TO WHETHER THESE EXPENSES MAY BE PAID FROM THE APPROPRIATION FOR THE "ENFORCEMENT OF THE NARCOTIC AND NATIONAL PROHIBITION ACTS, FISCAL YEAR 1926.'

IT WOULD NOT APPEAR FROM YOUR SUBMISSION THAT THE PROHIBITION FORCES ARE TO HAVE THE EXCLUSIVE USE OF THE BUILDINGS, BUT ARE ONLY TO BE ASSIGNED SPACE THEREIN.

THE ACT OF FEBRUARY 12, 1925, 43 STAT. 914, MAKING APPROPRIATIONS FOR THE WAR DEPARTMENT FOR THE FISCAL YEAR 1926, CONTAINS THE FOLLOWING APPROPRIATION: "FOR REPAIRS AND IMPROVEMENTS OF ARSENALS AND DEPOT * * *, $675,000.' IN VIEW OF THIS SPECIFIC APPROPRIATION FOR REPAIRS OF ARSENALS THE APPROPRIATION FOR PROHIBITION ENFORCEMENT COULD NOT BE USED TO MAKE GENERAL REPAIRS TO THE ARSENAL BUILDINGS, SUCH AS REPAIRS TO FLOORS, DOORS, AND ROOFS, IF THE BUILDINGS, OR PARTS THEREOF, HAVE NOT BEEN ABANDONED AS ARSENAL BUILDINGS AND ASSIGNED EXCLUSIVELY TO THE PROHIBITION FORCES. A-9224, MAY 12, 1925. MINOR REPAIRS, OR SUCH CHANGES OR IMPROVEMENT AS WOULD NOT BE REQUIRED EXCEPT TO FIT THE BUILDINGS FOR THE PARTICULAR USE TO BE MADE THEREOF BY THE PROHIBITION FORCES, ARE PROPER CHARGES AGAINST THE APPROPRIATION FOR "ENFORCEMENT OF THE NARCOTIC AND NATIONAL PROHIBITION ACTS, 1926.' 3 COMP. GEN. 124, 812, 880.