A-12417, JANUARY 14, 1926, 5 COMP. GEN. 478

A-12417: Jan 14, 1926

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AT A CLUB IN AN ENDEAVOR TO SECURE EVIDENCE UNDER THE NATIONAL PROHIBITION ACT IS UNAUTHORIZED. WHEREIN WAS DISALLOWED THE CLAIM OF GENERAL PROHIBITION AGENT JAMES H. OR EXPENSES ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION. ACCORDINGLY THE DISALLOWANCE MUST BE AND IS SUSTAINED.

A-12417, JANUARY 14, 1926, 5 COMP. GEN. 478

INTERNAL REVENUE, PROHIBITION ENFORCEMENT - LODGE DUES, DANCE TICKETS, ETC. AS SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, PROHIBITS THE EXPENDITURE OF APPROPRIATED MONEY 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 AT ANY MEETING, UNLESS SPECIFICALLY AUTHORIZED, REIMBURSEMENT FOR EXPENDITURES MADE BY A PROHIBITION AGENT FOR LODGE FEES, DUES, DANCE TICKETS, ETC., AT A CLUB IN AN ENDEAVOR TO SECURE EVIDENCE UNDER THE NATIONAL PROHIBITION ACT IS UNAUTHORIZED.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 14, 1926:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT NO. 0100944, DATED OCTOBER 2, 1925, WHEREIN WAS DISALLOWED THE CLAIM OF GENERAL PROHIBITION AGENT JAMES H. COFFEEN, FOR $9.35 COVERING LODGE FEES, DUES, DANCE TICKETS, ETC., AT THE EAGLES CLUB, DURING MARCH AND APRIL, 1925, SAID EXPENSES HAVING BEEN INCURRED IN CONNECTION WITH CLAIMANT'S OFFICIAL DUTIES.

SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, PROVIDES:

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.

PAYMENT OF THE CLAIM IN THIS CASE WOULD BE IN DIRECT CONTRAVENTION OF THE PLAIN PROVISIONS OF SAID STATUTE. ACCORDINGLY THE DISALLOWANCE MUST BE AND IS SUSTAINED.