A-14679, JUNE 16, 1926, 5 COMP. GEN. 991

A-14679: Jun 16, 1926

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REINTERRING THE REMAINS IN THE UNITED STATES AT THE EXPIRATION OF SUCH PERIOD ARE PROPERLY CHARGEABLE TO THE APPROPRIATION FOR TRANSPORTING THE REMAINS OF DIPLOMATIC. THE BODY WAS ACCORDINGLY BURIED IN LA CRUZ CEMETERY AT AGUASCALIENTES. IT IS DESIRED TO HAVE THE BODY RETURNED TO THE UNITED STATES FOR FINAL INTERMENT AT THE EXPENSE OF THE GOVERNMENT. FOREIGN SERVICE OFFICERS AND CLERKS IS CONTAINED IN THE ACT OF FEBRUARY 27. WHO HAVE DIED OR MAY DIE ABROAD OR IN TRANSIT. THIS APPROPRIATION EVIDENTLY CONTEMPLATES THE IMMEDIATE TRANSPORTATION OF THE REMAINS TO THE FORMER HOME OF THE OFFICER IN CASES IN WHICH INTERMENT IS NOT TO BE AT THE POST. SINCE IN THE INSTANT CASE THE ORIGINAL INTERMENT WAS INTENDED TO BE ONLY TEMPORARY AND WAS MADE NECESSARY BY THE LAWS OF THE COUNTRY IN WHICH THE DEATH OCCURRED.

A-14679, JUNE 16, 1926, 5 COMP. GEN. 991

BURIAL EXPENSES - FOREIGN SERVICE OFFICERS WHERE A FOREIGN SERVICE OFFICER DIED AT HIS POST OF DUTY AND THE LAWS OF THE COUNTRY IN WHICH HE DIED REQUIRED THAT HIS REMAINS BE INTERRED AT THE PLACE OF DEATH FOR A LIMITED PERIOD OF TIME, THE EXPENSES OF DISINTERRING, TRANSPORTING, AND REINTERRING THE REMAINS IN THE UNITED STATES AT THE EXPIRATION OF SUCH PERIOD ARE PROPERLY CHARGEABLE TO THE APPROPRIATION FOR TRANSPORTING THE REMAINS OF DIPLOMATIC, CONSULAR, AND FOREIGN SERVICE OFFICERS OF THE UNITED STATES TO THEIR FORMER HOMES IN THIS COUNTRY FOR INTERMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JUNE 16, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 5, 1926, REQUESTING DECISION AS TO WHETHER THE EXPENSE OF DISINTERRING, TRANSPORTING TO AND REINTERRING IN THIS COUNTRY THE REMAINS OF LUTHER K. ZABRISKIE, FORMERLY AMERICAN CONSUL AT AGUASCALIENTES, MEXICO, WHO DIED AT THAT PLACE ON JANUARY 17, 1921, MAY BE PAID FROM THE APPROPRIATION FOR TRANSPORTING THE REMAINS OF DIPLOMATIC, CONSULAR, AND FOREIGN SERVICE OFFICERS AND CLERKS TO THEIR HOMES FOR INTERMENT.

IT APPEARS THAT MR. ZABRISKIE DIED AT HIS POST OF DUTY, THE CAUSE OF HIS DEATH BEING SMALLPOX WITH A COMPLICATION OF PLEUROPNEUMONIA, AND THAT UNDER THE MEXICAN LAW THE GOVERNOR OF THE STATE OF AGUASCALIENTES REQUIRED THE REMAINS TO BE INTERRED AT AGUASCALIENTES FOR A PERIOD OF FIVE YEARS. THE BODY WAS ACCORDINGLY BURIED IN LA CRUZ CEMETERY AT AGUASCALIENTES, THE COST THEREOF, $309.32, BEING PAID BY THE UNITED STATES. THE REQUIRED PERIOD OF FIVE YEARS HAVING NOW EXPIRED, IT IS DESIRED TO HAVE THE BODY RETURNED TO THE UNITED STATES FOR FINAL INTERMENT AT THE EXPENSE OF THE GOVERNMENT.

THE CURRENT APPROPRIATION FOR TRANSPORTING THE REMAINS OF DIPLOMATIC, CONSULAR, AND FOREIGN SERVICE OFFICERS AND CLERKS IS CONTAINED IN THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1018, AND READS AS FOLLOWS:

FOR DEFRAYING THE EXPENSES OF TRANSPORTING THE REMAINS OF DIPLOMATIC, CONSULAR, AND FOREIGN SERVICE OFFICERS OF THE UNITED STATES, INCLUDING CLERKS, WHO HAVE DIED OR MAY DIE ABROAD OR IN TRANSIT, WHILE IN THE DISCHARGE OF THEIR OFFICIAL DUTIES, TO THEIR FORMER HOMES IN THIS COUNTRY FOR INTERMENT, AND FOR THE ORDINARY AND NECESSARY EXPENSES OF SUCH INTERMENT, AT THEIR POST OR AT HOME, $4,000.

THIS APPROPRIATION EVIDENTLY CONTEMPLATES THE IMMEDIATE TRANSPORTATION OF THE REMAINS TO THE FORMER HOME OF THE OFFICER IN CASES IN WHICH INTERMENT IS NOT TO BE AT THE POST; AND ORDINARILY SAID APPROPRIATION WOULD NOT BE AVAILABLE FOR EXPENSES OF DISINTERMENT AND A SECOND INTERMENT. HOWEVER, SINCE IN THE INSTANT CASE THE ORIGINAL INTERMENT WAS INTENDED TO BE ONLY TEMPORARY AND WAS MADE NECESSARY BY THE LAWS OF THE COUNTRY IN WHICH THE DEATH OCCURRED, THE EXPENSES THEREOF, AS WELL AS THE EXPENSES OF DISINTERMENT, MAY BE REGARDED AS INCIDENTAL TO THE TRANSPORTATION AND FINAL INTERMENT IN THIS COUNTRY. ACCORDINGLY, I HAVE TO ADVISE THAT THE APPROPRIATION, SUPRA, IS AVAILABLE FOR THE NECESSARY EXPENSES OF DISINTERRING, TRANSPORTING, AND REINTERRING AS PROPOSED, NOTWITHSTANDING THE TEMPORARY INTERMENT AT THE POST. SEE 2 COMP. GEN. 327.