A-14666, FEBRUARY 24, 1928, 7 COMP. GEN. 516

A-14666: Feb 24, 1928

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IS NOT AUTHORIZED AT GOVERNMENT EXPENSE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF THE NORFOLK RAILROAD CO. AUTHORITY FOR THE PAYMENT OF THIS VOUCHER WAS DENIED IN THE DECISION TO YOU OF JUNE 22. FOR THE REASON THAT THE EVIDENCE SUBMITTED WAS NOT SUFFICIENT TO WARRANT PAYMENT. THERE IS NOW ATTACHED TO THE VOUCHER A STATEMENT. WERE PURCHASED FOR. THIS TRANSPORTATION WAS PURCHASED WITHOUT REQUESTS IN VIEW OF THE REDUCED RATE AT WHICH IT COULD BE SECURED IN THIS MANNER. WHICH WOULD HAVE BEEN THE RATE IF PURCHASED ON TRANSPORTATION REQUESTS. THIS TRANSPORTATION WAS FURNISHED OVER AN ELECTRIC-CAR LINE RUNNING FROM THE CAMP SITE TO VIRGINIA BEACH.

A-14666, FEBRUARY 24, 1928, 7 COMP. GEN. 516

TRANSPORTATION - PROVOST GUARD - NATIONAL GUARD TRANSPORTATION OF A PROVOST GUARD FROM AND TO THE CAMP SITE OF A NATIONAL GUARD ENCAMPMENT FOR DUTY AT A PLACE NEAR THE CAMP FOR THE MAINTENANCE OF ORDER AMONG MEMBERS OF THE NATIONAL GUARD WHILE NOT ON DUTY, IS NOT AUTHORIZED AT GOVERNMENT EXPENSE.

COMPTROLLER GENERAL MCCARL TO J. R. LUSBY, UNITED STATES PROPERTY AND DISBURSING OFFICER, DISTRICT OF COLUMBIA NATIONAL GUARD, FEBRUARY 24, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 7, 1928, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF THE NORFOLK RAILROAD CO. IN THE AMOUNT OF $22.44 FOR 17 SPECIAL-RATE TICKETS AT $1.32 EACH, OBTAINED WITHOUT TRANSPORTATION REQUEST, AUGUST 27, 1925, FOR USE OF THE PROVOST GUARD MAINTAINED AT VIRGINIA BEACH PROPER DURING AN ENCAMPMENT, AUGUST 16 TO 30, 1925, ATTENDED BY THE TWENTY-NINTH DIVISION STAFF, STATE STAFF CORPS AND DEPARTMENTS, ONE HUNDRED AND TWENTY-FIRST ENGINEERS, AND TWENTY-NINTH POLICE COMPANY, DISTRICT OF COLUMBIA NATIONAL GUARD.

AUTHORITY FOR THE PAYMENT OF THIS VOUCHER WAS DENIED IN THE DECISION TO YOU OF JUNE 22, 1926, A-14666, FOR THE REASON THAT THE EVIDENCE SUBMITTED WAS NOT SUFFICIENT TO WARRANT PAYMENT. THERE IS NOW ATTACHED TO THE VOUCHER A STATEMENT, DATED WASHINGTON, D.C., JANUARY 24, 1928, BY MAJ. EDWARD H. GROVE, INFANTRY, N.G.D.C., AS FOLLOWS:

THE SEVENTEEN TICKETS FURNISHED BY THE NORFOLK AND SOUTHERN RAILROAD, EACH OF WHICH ENTITLED THE HOLDER TO FIFTEEN ROUND TRIPS, WERE PURCHASED FOR, AND THE ENTIRE NUMBER USED BY, THE 29TH MILITARY POLICE COMPANY IN THE DISCHARGE OF THEIR OFFICIAL DUTIES, IN THE MAINTENANCE OF A PROVOST GUARD AT VIRGINIA BEACH, VA., DURING THE PERIOD OF THE FIELD-TRAINING ENCAMPMENT OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, AUGUST 16 TO 30, 1925.

THIS TRANSPORTATION WAS PURCHASED WITHOUT REQUESTS IN VIEW OF THE REDUCED RATE AT WHICH IT COULD BE SECURED IN THIS MANNER, .088 CENTS A ROUND TRIP AGAINST THE REGULAR RATE OF 24 CENTS, WHICH WOULD HAVE BEEN THE RATE IF PURCHASED ON TRANSPORTATION REQUESTS.

THIS TRANSPORTATION WAS FURNISHED OVER AN ELECTRIC-CAR LINE RUNNING FROM THE CAMP SITE TO VIRGINIA BEACH, A DISTANCE OF ABOUT THREE MILES, AND WAS IN THE NATURE OF STREET-CAR FARE.

THERE APPEARS TO BE NO SPECIFIC PROVISION OF LAW FOR THE PAYMENT OF AN EXPENSE OF THIS NATURE; SECTION 67 OF THE NATIONAL DEFENSE ACT AS AMENDED BY SECTION 3 OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1034, CONCERNING THE APPROPRIATION, APPORTIONMENT, AND DISBURSEMENT OF FUNDS FOR THE NATIONAL GUARD, PROVIDES FOR "OTHER INCIDENTAL EXPENSES IN CONNECTION WITH LAWFULLY AUTHORIZED ENCAMPMENTS, MANEUVERS, AND FIELD INSTRUCTION," AND SECTION 94 OF THE SAME ACT, 39 STAT. 206, PERTAINING TO ENCAMPMENTS AND MANEUVERS, PROVIDES FOR PAYMENT OF"OTHER PROPER EXPENSES," BUT IN EACH CASE THE EXPENDITURE IS SUBJECT TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT AND SECRETARY OF WAR. 1 COMP. GEN. 642.

THE DISCIPLINE OF THE NATIONAL GUARD, UNDER SECTION 91 OF THE NATIONAL DEFENSE ACT, 39 STAT. 206, WHICH INCLUDES TRAINING, IS COVERED BY NATIONAL GUARD REGULATIONS NO. 36, DATED DECEMBER 31, 1924, BUT NO PROVISION IN MADE FOR THE MAINTENANCE OF A PROVOST GUARD EITHER AT OR AWAY FROM THE CAMP OF INSTRUCTION.

THE TWENTY-NINTH MILITARY POLICE COMPANY, DISTRICT OF COLUMBIA NATIONAL GUARD, WAS ONE OF THE ORGANIZATIONS AUTHORIZED TO PARTICIPATE IN THE ANNUAL ENCAMPMENT AT VIRGINIA BEACH, VA., FROM AUGUST 16 TO 30, 1925, AND IT IS STATED THAT THE EXPENSE IN QUESTION FOR TRANSPORTATION WAS INCURRED IN THE DISCHARGE OF THEIR OFFICIAL DUTIES IN THE MAINTENANCE OF A PROVOST GUARD AT VIRGINIA BEACH PROPER, A DISTANCE STATED TO BE 3 MILES FROM THE AUTHORIZED CAMP OF INSTRUCTION. MEMBERS OF THE NATIONAL GUARD ATTENDING ENCAMPMENTS UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT ARE NOT IN THE FEDERAL SERVICE. 2 COMP. GEN. 189. THEY ARE CIVILIANS BELONGING TO A STATE MILITARY FORCE, SEE CASE OF STATE V. JOHNSON, 202 N.W. 191. ANY EXPENSE IN CONNECTION WITH THE MAINTENANCE OF ORDER AMONG MEMBERS OF SUCH FORCE WHILE AWAY FROM THE CAMP, AND TO SECURE THEIR RETURN THERETO UPON EXPIRATION OF PASS OR PERMISSION TO BE TEMPORARILY ABSENT THEREFROM IS AN EXPENSE PROPERLY DEVOLVING UPON THE STATE, TERRITORY, OR DISTRICT TO WHICH THE MILITIA OR NATIONAL GUARD BELONGS. NEITHER THE BASIC LAW NOR THE ANNUAL APPROPRIATION UNDER "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD," PROVIDES FOR SUCH AN EXPENSE TO BE BORNE BY THE UNITED STATES. HAS BEEN FREQUENTLY STATED, THE NATIONAL GUARD IS A STATE FORCE AND IT IS ONLY EXPENSES IN CONNECTION WITH ITS MAINTENANCE AND TRAINING WHICH ARE SPECIFICALLY AUTHORIZED BY LAW THAT MAY BE PAID UNDER THE APPROPRIATIONS "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD.' 1 COMP. GEN. 257, 553; 2 ID. 189, 274; 4 ID. 243; 5 ID. 883.