A-13194, MAY 22, 1926, 5 COMP. GEN. 929

A-13194: May 22, 1926

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ARE PROPERLY PAYABLE FROM THE APPROPRIATION MADE FOR THE ENFORCEMENT OF THE NATIONAL PROHIBITION LAWS. REVIEW OF SETTLEMENT NO. 18964 WHEREIN WAS DISALLOWED CREDIT FOR A PAYMENT OF $95.65 EXPENSES ($3.15 TELEPHONE MESSAGES FROM HOSPITAL TO WIFE. ED MULLIS WAS WOUNDED BY GUNSHOT WHILE RESISTING THE FEDERAL OFFICERS IN AN ATTEMPT TO ESCAPE. WAS REMOVED TO THE CAMDEN HOME HOSPITAL. IT BEING CLEAR THAT HE WAS SHOT BY PROHIBITION OFFICERS IN DEFENSE OF THEIR OWN LIVES IN THE ENFORCEMENT OF THE PROHIBITION LAWS. THE NECESSARY EXPENSES OF HOSPITAL CARE AND MEDICAL TREATMENT OF MULLIS WERE PAID AND CREDIT HAS BEEN ALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICER AS EXPENSES INCIDENT TO THE ARREST.

A-13194, MAY 22, 1926, 5 COMP. GEN. 929

BURIAL EXPENSES OF MAN SHOT BY PROHIBITION AGENTS THE NECESSARY EXPENSES IN CONNECTION WITH THE BURIAL OF A MAN DYING FROM WOUNDS RECEIVED FROM FEDERAL PROHIBITION OFFICERS IN A RAID ON AN ILLICIT STILL, THE DECEASED AND HIS FAMILY BEING DESTITUTE, ARE PROPERLY PAYABLE FROM THE APPROPRIATION MADE FOR THE ENFORCEMENT OF THE NATIONAL PROHIBITION LAWS.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 22, 1926:

THAD W. ROWDEN, DEPUTY PROHIBITION ADMINISTRATOR, LITTLE ROCK, ARK., REQUESTED FEBRUARY 10, 1926, REVIEW OF SETTLEMENT NO. 18964 WHEREIN WAS DISALLOWED CREDIT FOR A PAYMENT OF $95.65 EXPENSES ($3.15 TELEPHONE MESSAGES FROM HOSPITAL TO WIFE; $92.50 PAID S. B. PROCTOR, FOR CASKET, ROBE, EMBALMING, AND PREPARING BODY, AND TRANSPORTATION) INCURRED IN CONNECTION WITH THE WOUNDING BY GUNSHOT AND DEATH RESULTING THEREFROM OF ED MULLIS UNDER CIRCUMSTANCES HEREINAFTER STATED.

IT APPEARS THAT IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION ACT DURING A RAID ON AN ILLICIT STILL NEAR CAMDEN, ARK., ED MULLIS WAS WOUNDED BY GUNSHOT WHILE RESISTING THE FEDERAL OFFICERS IN AN ATTEMPT TO ESCAPE. WAS REMOVED TO THE CAMDEN HOME HOSPITAL, CAMDEN, ARK., BY THE PROHIBITION OFFICERS WHERE HE DIED ON NOVEMBER 16, 1922, FROM THE EFFECTS OF THE WOUNDS AND WHILE STILL IN THE CUSTODY OF THE PROHIBITION OFFICERS.

IT DOES NOT APPEAR THAT THE CIVIL AUTHORITIES TOOK ANY COGNIZANCE OF THE WOUNDING AND DEATH OF MULLIS IN VIEW OF THE CIRCUMSTANCES SURROUNDING THE MATTER, IT BEING CLEAR THAT HE WAS SHOT BY PROHIBITION OFFICERS IN DEFENSE OF THEIR OWN LIVES IN THE ENFORCEMENT OF THE PROHIBITION LAWS.

THE NECESSARY EXPENSES OF HOSPITAL CARE AND MEDICAL TREATMENT OF MULLIS WERE PAID AND CREDIT HAS BEEN ALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICER AS EXPENSES INCIDENT TO THE ARREST.

IN CONNECTION WITH THE INCURRING OF THE EXPENSES OF BURIAL IN THIS MATTER IT IS STATED:

THE FAMILY OF THE DECEASED WAS DESTITUTE AND IT WAS ABSOLUTELY NECESSARY FOR THE GOVERNMENT TO PROPERLY PREPARE THE REMAINS FOR BURIAL IN THE POTTERS FIELD. THERE WAS NO POSSIBLE WAY TO AVOID THE EXPENSES IN THIS CASE, AS IT WOULD BE HIGHLY IMPROPER TO REQUEST THE COUNTY AUTHORITIES TO ASSUME THE EXPENSES INCIDENT TO THE BURIAL OF A FEDERAL PRISONER THAT DIED AS A RESULT OF A WOUND INFLICTED BY A FEDERAL OFFICER IN MAKING AN ARREST. * * *

IT APPEARS THAT PRIOR TO THE PAYMENT OF THESE EXPENSES THE MATTER WAS SUBMITTED TO THE COMMISSIONER OF INTERNAL REVENUE, WHO, ON JANUARY 17, 1923, ADMINISTRATIVELY APPROVED THE VOUCHERS FOR PAYMENT AND AUTHORIZED A SPECIAL ALLOWANCE FOR SUCH PURPOSE FROM THE APPROPRIATION ,ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS, 1923.'

IT HAS BEEN UNIFORMLY HELD THAT THE NECESSARY AND PROPER EXPENSES IN SUCH CASES ARE PROPER CHARGES AGAINST THE PARTICULAR APPROPRIATIONS INVOLVED IN THE ENFORCEMENT OF THE LAW. 16 COMP. DEC. 371; 27 ID. 531; 2 COMP. GEN. 804.

ACCORDINGLY, THERE IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF THAD ROWDEN THE AMOUNT OF $95.65.