A-14907, JULY 16, 1926, 6 COMP. GEN. 42

A-14907: Jul 16, 1926

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THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF TRANSPORTING THE REMAINS OF A DECEASED CIVILIAN EMPLOYEE WHO WAS ENGAGED ON RIVER AND HARBOR WORK UNDER THE ENGINEER DEPARTMENT OF THE ARMY IS PROHIBITED BY THE ACT OF JUNE 7. 1926: THERE WAS RECEIVED JUNE 25. YOUR REQUEST FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS. DUNCAN WAS MASTER OF THE UNITED STATES LAUNCH SANTA ROSA. WHICH WAS ACTING AS TENDER TO THE UNITED STATES DREDGE BLACKWATER AT APALACHICOLA. WHICH WAS THE HOME STATION OF THE SANTA ROSA AND ALSO OF THE DECEASED. THAT PAYMENT OF THE VOUCHERS IS CONTEMPLATED OUT OF THE APPROPRIATION "MAINTENANCE AND IMPROVEMENT OF EXISTING RIVER AND HARBOR WORKS.

A-14907, JULY 16, 1926, 6 COMP. GEN. 42

TRANSPORTATION OF REMAINS OF EMPLOYEES ON RIVER AND HARBOR WORKS IN THE ABSENCE OF SPECIFIC AUTHORITY OF LAW THEREFOR, THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF TRANSPORTING THE REMAINS OF A DECEASED CIVILIAN EMPLOYEE WHO WAS ENGAGED ON RIVER AND HARBOR WORK UNDER THE ENGINEER DEPARTMENT OF THE ARMY IS PROHIBITED BY THE ACT OF JUNE 7, 1897, 30 STAT. 86.

COMPTROLLER GENERAL MCCARL TO MAJOR EDWIN A. BETHEL, UNITED STATES ARMY, JULY 16, 1926:

THERE WAS RECEIVED JUNE 25, 1926, YOUR REQUEST FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS, EACH IN THE SUM OF $9.15, SUBMITTED IN FAVOR OF MARY A. DUNCAN, WIDOW OF ADDISON D. DUNCAN, LATE MASTER, ENGINEER DEPARTMENT, ON RIVER AND HARBOR WORK, IN REIMBURSEMENT FOR EXPENSE OF TRANSPORTATING THE REMAINS OF HER HUSBAND FROM APALACHICOLA, FLA., TO PENSACOLA, FLA.

IT APPEARS THAT ADDISON D. DUNCAN WAS MASTER OF THE UNITED STATES LAUNCH SANTA ROSA, WHICH WAS ACTING AS TENDER TO THE UNITED STATES DREDGE BLACKWATER AT APALACHICOLA, FLA.; THAT WHILE IN THE PERFORMANCE OF HIS DUTIES DUNCAN CONTRACTED PNEUMONIA FROM WHICH HE DIED ON JANUARY 3, 1926; THAT HIS WIFE ACCOMPANIED THE BODY FROM APALACHICOLA TO PENSACOLA, FLA., WHICH WAS THE HOME STATION OF THE SANTA ROSA AND ALSO OF THE DECEASED, COST OF TRANSPORTATION BEING BORNE BY HER; THAT PAYMENT OF THE VOUCHERS IS CONTEMPLATED OUT OF THE APPROPRIATION "MAINTENANCE AND IMPROVEMENT OF EXISTING RIVER AND HARBOR WORKS, FOR CHANNEL FROM APALACHICOLA RIVER TO ST. ANDREWS BAY, FLA.'

THE ACT OF JUNE 7, 1897, 30 STAT. 86, PROVIDES AS FOLLOWS:

* * * HEREAFTER THE HEADS OF DEPARTMENTS SHALL NOT AUTHORIZE ANY EXPENDITURE IN CONNECTION WITH TRANSPORTATION OF REMAINS OF DECEASED EMPLOYEES, EXCEPT WHEN OTHERWISE SPECIFICALLY PROVIDED BY LAW.

THE PROVISIONS MADE IN THE ARMY APPROPRIATION ACT OF FEBRUARY 12, 1925, 43 STAT. 926, 927, FOR THE "DISPOSITION OF REMAINS OF OFFICERS, SOLDIERS, AND CIVILIAN EMPLOYEES," ARE LIMITED TO CIVILIAN EMPLOYEES OF THE ARMY AND DO NOT APPLY TO THE RIVER AND HARBOR ORGANIZATION OF THE ENGINEER DEPARTMENT WHICH IS A NONMILITARY ACTIVITY. SEE IN THIS CONNECTION 2 COMP. GEN. 471.

IN VIEW OF THE PROHIBITION CONTAINED IN THE ACT OF JUNE 7, 1897, AND THE FACT THAT NO SPECIFIC PROVISION OF LAW HAS BEEN MADE AUTHORIZING TRANSPORTATION OF THE REMAINS OF DECEASED CIVILIAN EMPLOYEES ON RIVER AND HARBOR WORK UNDER THE ENGINEER DEPARTMENT, PAYMENT ON THE VOUCHERS, WHICH ARE RETURNED HEREWITH, IS NOT AUTHORIZED.