A-13409, MAY 14, 1926, 5 COMP. GEN. 909

A-13409: May 14, 1926

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" IS AVAILABLE FOR DEFRAYING THE EXPENSES OF SENDING TWO INDIAN BOYS FROM THE WINNEBAGO RESERVATION TO THE NATIONAL BOYS' AND GIRLS' CLUB CONGRESS AT CHICAGO. WHEN PROPERLY AUTHORIZED AND APPROVED AS AN EXPENDITURE FOR THE BENEFIT OF THE WINNEBAGO AGENCY ON WHOSE ACCOUNT THE FUND WAS COVERED INTO THE TREASURY. WHEREBY WAS DISALLOWED HIS CLAIM FOR $200 IN REIMBURSEMENT OF EXPENDITURES MADE BY HIM FROM HIS PERSONAL FUNDS IN DEFRAYING THE EXPENSES OF TAKING TWO INDIAN BOYS FROM WALTHILL. WHO IS THE AGENT OF THE COUNTY IN WHICH THE WINNEBAGO AGENCY IS SITUATED. THE INDIAN OFFICE IN SUBMITTING THE VOUCHER FOR DIRECT SETTLEMENT MAKES THE FOLLOWING STATEMENT IN THE MATTER: THE OBJECT OF THIS SERVICE IS THE EDUCATION AND CIVILIZATION OF THE INDIANS ALONG MODERN LINES SO THAT THEY MAY EVENTUALLY TAKE THEIR PLACES ALONGSIDE THE WHITES IN ALL THE VARIED WALKS OF LIFE.

A-13409, MAY 14, 1926, 5 COMP. GEN. 909

INDIAN MONEYS, PROCEEDS OF LABOR - TRAVELING EXPENSES THE FUND "INDIAN MONEYS, PROCEEDS OF LABOR, WINNEBAGO AGENCY," IS AVAILABLE FOR DEFRAYING THE EXPENSES OF SENDING TWO INDIAN BOYS FROM THE WINNEBAGO RESERVATION TO THE NATIONAL BOYS' AND GIRLS' CLUB CONGRESS AT CHICAGO, ILLINOIS, WHEN PROPERLY AUTHORIZED AND APPROVED AS AN EXPENDITURE FOR THE BENEFIT OF THE WINNEBAGO AGENCY ON WHOSE ACCOUNT THE FUND WAS COVERED INTO THE TREASURY.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 14, 1926:

E. T. WINTER APPLIED MARCH 1, 1926, FOR REVIEW OF SETTLEMENT 0125610, DATED FEBRUARY 11, 1926, WHEREBY WAS DISALLOWED HIS CLAIM FOR $200 IN REIMBURSEMENT OF EXPENDITURES MADE BY HIM FROM HIS PERSONAL FUNDS IN DEFRAYING THE EXPENSES OF TAKING TWO INDIAN BOYS FROM WALTHILL, NEBRASKA, TO CHICAGO, ILL., AND RETURN FOR THE PURPOSE OF ATTENDING THE NATIONAL BOYS' AND GIRLS' CLUB CONGRESS.

ON AUGUST 21, AND 29, 1925, THE SUPERINTENDENT OF THE WINNEBAGO AGENCY, NEBRASKA, WROTE TO THE COMMISSIONER OF INDIAN AFFAIRS REGARDING FUNDS AVAILABLE TO HELP DEFRAY THE EXPENSES OF SENDING A DEMONSTRATION TEAM OF INDIAN BOYS FROM THE WINNEBAGO RESERVATION TO THE NATIONAL CLUB CONGRESS AT CHICAGO, IN DECEMBER. ON SEPTEMBER 4, 1925, THE COMMISSIONER REPLIED MAKING AN ALLOTMENT OF $200 FROM THE FUND "INDIAN MONEYS, PROCEEDS OF LABOR, WINNEBAGO AGENCY," AND AUTHORIZING THE SUPERINTENDENT TO USE IT TO ASSIST IN DEFRAYING NECESSARY EXPENSES INCIDENT TO THE SENDING OF THE TEAM OF WINNEBAGO BOYS TO THE CONGRESS.

THE SUPERINTENDENT OF THE WINNEBAGO AGENCY ARRANGED WITH CLAIMANT, WHO IS THE AGENT OF THE COUNTY IN WHICH THE WINNEBAGO AGENCY IS SITUATED, TO TAKE TO THE NATIONAL CLUB CONGRESS, TWO INDIAN BOYS WHO HAD SUCCESSFULLY COMPLETED CLUB WORK UNDER CLAIMANT'S DIRECTION. CLAIMANT TOOK THE BOYS TO CHICAGO INCURRING EXPENSES IN EXCESS OF $200 AND SUBMITTED AN ITEMIZED VOUCHER IN WHICH HE CLAIMED REIMBURSEMENT IN THE SUM OF $200, HE HAVING AGREED TO ASSUME THE EXPENDITURES IN EXCESS OF $200. THE INDIAN OFFICE IN SUBMITTING THE VOUCHER FOR DIRECT SETTLEMENT MAKES THE FOLLOWING STATEMENT IN THE MATTER:

THE OBJECT OF THIS SERVICE IS THE EDUCATION AND CIVILIZATION OF THE INDIANS ALONG MODERN LINES SO THAT THEY MAY EVENTUALLY TAKE THEIR PLACES ALONGSIDE THE WHITES IN ALL THE VARIED WALKS OF LIFE. ONE OF THE MOST IMPORTANT AND EFFECTIVE MEANS TO THIS END IS THE BOYS' AND GIRLS' CLUB WORK, THE AIM AND SCOPE OF WHICH ARE SET FORTH IN THE ATTACHED PAPERS WHICH PLEASE RETURN WHEN THEY HAVE SERVED YOUR PURPOSE. THE CLUB WORK IS CARRIED ON BY THE COOPERATIVE EXTENSION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE VARIOUS STATE COLLEGES UNDER THE IMMEDIATE DIRECTION OF THE COUNTY AGENT. THE CLUB WORK AMONG THE INDIAN BOYS AND GIRLS IS NOT HANDLED SEPARATELY BUT AS PART OF THE REGULAR CLUB WORK AND THE INDIAN CHILDREN MUST COMPLY WITH THE SAME CONDITIONS AND RULES AS THE WHITES.

THE NATIONAL CLUB CONGRESS IS HELD EACH YEAR IN CHICAGO DURING THE INTERNATIONAL LIVESTOCK EXPOSITION. AT THIS CONGRESS CLUB MEMBERS FROM ALL OVER THE UNITED STATES WHO HAVE BEEN SELECTED BY THE COUNTY AGENTS FOR HAVING WON LOCAL DISTINCTION DEMONSTRATE THEIR PROJECTS FOR THE BENEFIT OF ALL THE DELEGATES AND IN THE PRESENCE OF REPRESENTATIVES OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE VARIOUS STATE COLLEGES. EACH OF THE TWO BOYS IN THIS CASE SUCCESSFULLY COMPLETED GARDEN, PIG, AND CORN PROJECTS, AND HAD PREVIOUSLY DEMONSTRATED AT THE THURSTON COUNTY FAIR, THE STATE FAIR AT LINCOLN, AND THE INTERSTATE FAIR AT SIOUX CITY. IT WAS IN RECOGNITION OF THE SPLENDID RECORD THEY HAD MADE THAT THE COUNTY AGENT SELECTED THEM FOR THE CHICAGO TRIP.

IT WAS NECESSARY THAT THEY HAVE AN ESCORT TO LOOK AFTER THEIR PARAPHERNALIA AND AS THIS WAS THEIR FIRST TRIP TO A LARGE CITY. MR. WINTER, THE COUNTY AGENT, HAD TRAINED THEM FOR THE DEMONSTRATION WHICH WOULD NOT HAVE BEEN SUCCESSFUL WITHOUT HIS PERSONAL SUPERVISION. UNDER THE RULES OF THE CONGRESS ONLY EXTENSION EMPLOYEES OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE VARIOUS STATE COLLEGES CAN BE OFFICIAL DELEGATES AND TAKE PART IN THE CONGRESS; AND THE TRAINER OF EACH TEAM MUST ACCOMPANY IT AND SUPERVISE THE DEMONSTRATION. IN THIS CASE THE INDIAN BOYS WERE THE ONLY DEMONSTRATORS FROM THURSTON COUNTY.

THE BOYS ATTENDED THE LIVESTOCK SHOW AND SECURED MUCH HELPFUL INFORMATION ALONG THIS LINE. ONE OF THE OBJECTS OF THE CONGRESS IS TO DEVELOP LEADERS FOR THE CLUB WORK, AND THE TRIP TO CHICAGO WAS NOT ONLY BENEFICIAL TO THE TWO BOYS, BUT THROUGH THEM ALL THE INDIANS OF THE RESERVATION WILL BE ASSISTED IN THEIR INDUSTRIAL WELFARE AND PROGRESS.

THERE IS INCLOSED HEREWITH COPY OF AUTHORITY DATED JULY 15, 1924, FOR THE SUPERINTENDENT OF THE CROW, MONTANA, AGENCY TO EXPEND $125 IN SENDING A DEMONSTRATION TEAM OF INDIAN GIRLS TO THE STATE FAIR AT HELENA AND THE MIDLAND EMPIRE FAIR AT BILLINGS. THE GIRLS WERE ESCORTED BY THE COUNTY AGENT AS IN THE PRESENT CASE; AND EXPENDITURES UNDER THE AUTHORITY APPEAR IN VOUCHERS 164, 217, AND 236 OF THE SUPERINTENDENT'S ACCOUNTS FOR THE FIRST QUARTER, AND VOUCHER 214 FOR THE SECOND QUARTER OF THE FISCAL YEAR 1925, TO WHICH NO OBJECTION WAS MADE IN YOUR SETTLEMENTS C-22847-IN., AND C-27988-IN., RESPECTIVELY.

THE ACT OF MARCH 2, 1887, 24 STAT. 463, AUTHORIZING THE USE OF "INDIAN MONEYS, PROCEEDS OF LABOR," PROVIDES:

THAT THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO USE THE MONEY WHICH HAS BEEN OR MAY HEREAFTER BE COVERED INTO THE TREASURY UNDER THE PROVISIONS OF THE ACT APPROVED MARCH THIRD, EIGHTEEN HUNDRED AND EIGHTY- THREE, AND WHICH IS CARRIED ON THE BOOKS OF THAT DEPARTMENT UNDER THE CAPTION OF "INDIAN MONEYS, PROCEEDS OF LABOR," FOR THE BENEFIT OF THE SEVERAL TRIBES ON WHOSE ACCOUNT SAID MONEY WAS COVERED IN, IN SUCH WAY AND FOR SUCH PURPOSES AS IN HIS DISCRETION HE MAY THINK BEST, AND SHALL MAKE ANNUALLY A DETAILED REPORT THEREOF TO CONGRESS.

IT IS UNDERSTOOD THAT THE SECRETARY OF THE INTERIOR HAS DELEGATED TO THE COMMISSIONER OF INDIAN AFFAIRS THE EXPENDITURE OF "INDIAN MONEYS, PROCEEDS OF LABOR," IN AMOUNTS NOT EXCEEDING $500.

THE EXPENDITURE OF THESE MONEYS IS NOT SPECIFICALLY DEFINED BEYOND THAT IT MUST BE FOR THE BENEFIT OF THE PARTICULAR TRIBE TO WHOM IT BELONGS. SEE 17 COMP. DEC. 995.

THE COMMISSIONER OF INDIAN AFFAIRS IN THE EXERCISE OF THE AUTHORITY DELEGATED TO HIM BY THE SECRETARY OF THE INTERIOR HAS AUTHORIZED THE USE OF THE MONEY FOR THE PURPOSE WHICH SEEMS CLEARLY FOR THE BENEFIT OF THE WINNEBAGO TRIBE OF INDIANS.

SIMILAR EXPENDITURES WERE MADE FROM THE FUND "INDIAN MONEYS, PROCEEDS OF LABOR, CROW INDIANS, SUPPORT, 1925," AND WERE NOT QUESTIONED IN THE AUDIT OF THE ACCOUNTS WHEREIN THE EXPENDITURES APPEARED. IT IS UNDERSTOOD THAT SIMILAR EXPENDITURES HAVE ALSO BEEN MADE IN PRIOR YEARS AND HAVE BEEN REPORTED TO THE CONGRESS SO THAT THE USE OF THE INDIAN MONEYS IN QUESTION MUST BE KNOWN AND HAVE THE SANCTION OF THE CONGRESS.

THE BOYS AND GIRLS WHO ATTEND THE BOYS' AND GIRLS' CLUB CONGRESS ARE THE PRIZE WINNERS IN CLUBS IN THE SEVERAL STATES. THEIR ATTENDANCE IS THE CULMINATING FEATURE OF THE CLUB WORK WHICH IS FOSTERED BY THE FEDERAL GOVERNMENT IN COOPERATION WITH THE AGRICULTURAL INTERESTS OF THE VARIOUS STATES. THE CLUB MEMBERS WHO ATTEND THE CONGRESS ARE DIFFERENT INDIVIDUALS EACH YEAR AND ATTENDANCE AT A MEETING OF THIS CHARACTER IS NOT CONSIDERED ATTENDANCE AT A MEETING OF A SOCIETY OR ASSOCIATION IN VIOLATION OF SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184.

THE AGREEMENT WITH CLAIMANT SEEMS TO HAVE BEEN THAT HE WOULD ACT AS ESCORT FOR THE TWO INDIAN BOYS TO AND FROM THE CLUB CONGRESS, ALL EXPENSES NECESSARILY INCURRED TO BE REIMBURSED NOT IN EXCESS OF $200. EXAMINATION OF THE VOUCHER SUBMITTED IN SUPPORT OF THE CLAIM FOR REIMBURSEMENT SHOWS THAT THE BOYS LEFT CHICAGO ON DECEMBER 4, 1925, BUT CLAIMANT REMAINED THERE UNTIL DECEMBER 9. THE STAY IN CHICAGO MUST HAVE BEEN FOR THE PERSONAL CONVENIENCE OF CLAIMANT. THE EXPENSES INCURRED BY CLAIMANT AFTER THE BOYS LEFT CHICAGO AND HIS DUTIES AS ESCORT CEASED SHOULD PROPERLY BE BORNE BY HIM. THESE EXPENSES AMOUNT TO $39.59, WHICH, DEDUCTED FROM THE TOTAL EXPENSE OF $206.48, LEAVES A BALANCE OF $166.89, WHICH PROPERLY MAY BE ALLOWED.

UPON REVIEW $166.89 IS CERTIFIED DUE CLAIMANT WHICH WILL BE PAID IN THE DUE COURSE OF BUSINESS.