A-12901, MARCH 8, 1926, 5 COMP. GEN. 701

A-12901: Mar 8, 1926

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PRIVATE - LOSS OF INDIAN'S HORSE DUE TO DOURINE TEST WHERE A HORSE BELONGING TO AN INDIAN WAS ACCIDENTALLY KILLED WHILE UNDER RESTRAINT BY THE GOVERNMENT FOR THE PURPOSE OF TESTING FOR DOURINE INFECTION. WHEREIN WAS DISALLOWED THE CLAIM OF MRS. THE ANIMAL REFERRED TO WITH OTHERS BELONGING TO THE INDIANS OF THE CHEYENNE RIVER RESERVATION WAS ROUNDED UP AND HELD IN THE AGENCY TO BE TESTED FOR DOURINE. WHILE IN THE POSSESSION OF THE GOVERNMENT AND BEING HELD FOR TESTING PURPOSES THIS ANIMAL FELL OVER THE BANK INTO THE MISSOURI RIVER AND WAS KILLED. SAID APPROPRIATION OR FUND IS NOT AVAILABLE FOR THE PAYMENT OF SUCH CLAIMS. THAT REIMBURSEMENT OF THE VALUE OF THE HORSE ACCIDENTALLY KILLED WHILE BEING SUBJECTED TO THE DOURINE TEST IS WITHIN THE INTENT AND PURPOSE OF THE APPROPRIATION.

A-12901, MARCH 8, 1926, 5 COMP. GEN. 701

PROPERTY, PRIVATE - LOSS OF INDIAN'S HORSE DUE TO DOURINE TEST WHERE A HORSE BELONGING TO AN INDIAN WAS ACCIDENTALLY KILLED WHILE UNDER RESTRAINT BY THE GOVERNMENT FOR THE PURPOSE OF TESTING FOR DOURINE INFECTION, SUCH DESTRUCTION MAY PROPERLY BE REGARDED AS A DESTRUCTION "ON ACCOUNT OF BEING INFECTED WITH DOURINE," WITHIN THE MEANING OF THE ACT OF JUNE 5, 1924, 43 STAT. 399, AND THE OWNER MAY BE REIMBURSED THE VALUE OF THE HORSE UNDER AUTHORITY OF SAID ACT FROM THE APPROPRIATION "SUPPRESSING CONTAGIOUS DISEASES AMONG LIVESTOCK FOR INDIANS, 1925.'

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 8, 1926:

THE SECRETARY OF THE INTERIOR REQUESTED JANUARY 29, 1926, REVIEW OF SETTLEMENT NO. 0112279, DATED OCTOBER 29, 1925, WHEREIN WAS DISALLOWED THE CLAIM OF MRS. JENNIE MEDICINE BODY, AN INDIAN, FOR $400, REPRESENTING THE LOSS SUSTAINED THROUGH THE DEATH OF A STALLION RESULTING FROM ACCIDENTALLY FALLING INTO THE MISSOURI RIVER WHILE IN PASTURE AT CHEYENNE INDIAN AGENCY DURING THE MONTH OF JULY, 1924.

THE ANIMAL REFERRED TO WITH OTHERS BELONGING TO THE INDIANS OF THE CHEYENNE RIVER RESERVATION WAS ROUNDED UP AND HELD IN THE AGENCY TO BE TESTED FOR DOURINE. WHILE IN THE POSSESSION OF THE GOVERNMENT AND BEING HELD FOR TESTING PURPOSES THIS ANIMAL FELL OVER THE BANK INTO THE MISSOURI RIVER AND WAS KILLED. THE SECRETARY OF THE INTERIOR RECOMMENDS THAT THE CLAIM BE PAID FROM THE FUND "INDIAN MONEYS, PROCEEDS OF LABOR, CHEYENNE RIVER INDIANS (SUPPORT) 1925.' SAID APPROPRIATION OR FUND IS NOT AVAILABLE FOR THE PAYMENT OF SUCH CLAIMS.

THE ACT OF JUNE 5, 1924, 43 STAT. 399, PROVIDES:

FOR REIMBURSING INDIANS FOR LIVESTOCK WHICH MAY BE HEREAFTER DESTROYED ON ACCOUNT OF BEING INFECTED WITH DOURINE OR OTHER CONTAGIOUS DISEASES, AND FOR EXPENSES IN CONNECTION WITH THE WORK OF ERADICATING AND PREVENTING SUCH DISEASES, TO BE EXPENDED UNDER SUCH RULES AND REGULATIONS AS THE SECRETARY OF THE INTERIOR MAY PRESCRIBE, $10,000.

THE DESTRUCTION OF THIS HORSE, ACCIDENTALLY KILLED WHILE BEING RESTRAINED BY THE GOVERNMENT AFTER BEING SUSPECTED OF DOURINE INFECTION PROPERLY MAY BE REGARDED AS A DESTRUCTION "ON ACCOUNT OF BEING INFECTED WITH DOURINE" WITHIN THE MEANING OF THE ABOVE-QUOTED PROVISION. IT WOULD APPEAR, THEREFORE, THAT REIMBURSEMENT OF THE VALUE OF THE HORSE ACCIDENTALLY KILLED WHILE BEING SUBJECTED TO THE DOURINE TEST IS WITHIN THE INTENT AND PURPOSE OF THE APPROPRIATION.

UPON REVIEW THERE IS CERTIFIED AS DUE THE CLAIMANT THE SUM OF $400 PAYABLE FROM THE APPROPRIATION "SUPPRESSING CONTAGIOUS DISEASES AMONG LIVE STOCK FOR INDIANS, 1925.'