A-16054, NOVEMBER 15, 1926, 6 COMP. GEN. 332

A-16054: Nov 15, 1926

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IS NOT AN ITEM OF BURIAL EXPENSES WHICH THE UNITED STATES IS AUTHORIZED OR REQUIRED TO PAY. FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER FOR $20 IN FAVOR OF C. IT IS PROPOSED TO CHARGE THE ITEM TO THE APPROPRIATION "DISPOSITION OF THE REMAINS OF OFFICERS. IT APPEARS THAT SCANNELL WAS KILLED JULY 7. THE BODY WAS CLAIMED BY THE CORONER OF ST. FOR THE PURPOSE OF WHICH THE BODY WAS TRANSPORTED AS INDICATED TO KIRKWOOD. EXPENSES INCIDENT TO A CORONER'S INQUEST ARE NOT AUTHORIZED BY THE TERMS OF THE APPROPRIATION ACT SOUGHT TO BE CHARGED. SUCH AN EXPENSE IS NOT INCIDENT TO THE FUNERAL OR BURIAL OF A PERSON. OR MUNICIPALITY WHEREIN THE INQUEST IS HELD. THERE IS ACCORDINGLY NO OBLIGATION ON THE UNITED STATES TO PAY THE COST OF TRANSPORTING THE BODY OF A SOLDIER TO AND FROM THE PLACE WHERE THE INQUEST IS HELD.

A-16054, NOVEMBER 15, 1926, 6 COMP. GEN. 332

BURIAL EXPENSES - ARMY ENLISTED MEN THE EXPENSE INCURRED INCIDENT TO A CORONER'S INQUEST INTO THE DEATH OF AN ENLISTED MAN OF THE ARMY, KILLED BY ACCIDENT WHILE OUTSIDE THE MILITARY RESERVATION, IS NOT AN ITEM OF BURIAL EXPENSES WHICH THE UNITED STATES IS AUTHORIZED OR REQUIRED TO PAY.

COMPTROLLER GENERAL MCCARL TO MAJ. H. G. RICE, UNITED STATES ARMY, NOVEMBER 15, 1926:

CONSIDERATION HAS BEEN GIVEN TO YOUR REQUEST OF OCTOBER 11, 1926, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER FOR $20 IN FAVOR OF C. HOFFMEISTER UNDERTAKING AND LIVERY CO. FOR CONVEYING THE REMAINS OF JOHN J. SCANNELL, ENLISTED MAN, UNITED STATES ARMY, KILLED BY ACCIDENT WHILE ON THE ACTIVE LIST OF THE ARMY, FROM JEFFERSON BARRACKS, MO., TO KIRKWOOD, MO., FOR THE PURPOSE OF CONDUCTING A CORONER'S INQUEST AND RETURN TO JEFFERSON BARRACKS, MO., FOR INTERMENT IN THE NATIONAL CEMETERY. IT IS PROPOSED TO CHARGE THE ITEM TO THE APPROPRIATION "DISPOSITION OF THE REMAINS OF OFFICERS, SOLDIERS, AND CIVILIAN EMPLOYEES, 1927," ACT OF APRIL 15, 1926, 44 STAT. 288.

IT APPEARS THAT SCANNELL WAS KILLED JULY 7, 1926, BY A TRAIN OF THE MISSOURI PACIFIC RAILROAD CO. WHILE AWAY FROM THE MILITARY RESERVATION. BECAUSE THE DEATH OCCURRED BY ACCIDENT OUTSIDE THE GOVERNMENT RESERVATION, THE BODY WAS CLAIMED BY THE CORONER OF ST. LOUIS COUNTY FOR INQUEST, FOR THE PURPOSE OF WHICH THE BODY WAS TRANSPORTED AS INDICATED TO KIRKWOOD, MO., WHERE THE CORONER MAINTAINED AN OFFICE, AND BACK TO JEFFERSON BARRACKS.

EXPENSES INCIDENT TO A CORONER'S INQUEST ARE NOT AUTHORIZED BY THE TERMS OF THE APPROPRIATION ACT SOUGHT TO BE CHARGED, OR BY REGULATIONS PROVIDING FOR THE BURIAL OF THE ARMY PERSONNEL, A.R. 35-1520, DATED DECEMBER 15, 1924, OR UNDER THE CONTRACT BETWEEN CLAIMANT AND THE UNITED STATES FOR BURIAL OF SOLDIERS DYING AT JEFFERSON BARRACKS. SUCH AN EXPENSE IS NOT INCIDENT TO THE FUNERAL OR BURIAL OF A PERSON, BUT INCIDENT TO THE DETERMINATION BY THE CIVIL AUTHORITIES OF THE CAUSE OF DEATH. ANY EXPENSE INCIDENT TO AN INQUEST WOULD BE THAT OF THE STATE, COUNTY, OR MUNICIPALITY WHEREIN THE INQUEST IS HELD. THERE IS ACCORDINGLY NO OBLIGATION ON THE UNITED STATES TO PAY THE COST OF TRANSPORTING THE BODY OF A SOLDIER TO AND FROM THE PLACE WHERE THE INQUEST IS HELD.