A-16091, NOVEMBER 16, 1926, 6 COMP. GEN. 336

A-16091: Nov 16, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ONLY THEN THE FUNDS ON HAND ARE INSUFFICIENT TO MEET THE NECESSARY EXPENDITURES. IN WHICH IT IS HELD THAT THE PAYMENT TO A LOCAL ATTORNEY IN CONSTANTINOPLE OF THE RENT OF THE AMERICAN CONSULAR QUARTERS AT HARPUT. IS NOT AUTHORIZED. IT IS NOTED THAT "DISBURSING OFFICERS IN THE UNITED STATES MIGHT. THE DEPARTMENT DESIRES TO POINT OUT THAT WHILE AMERICAN CONSULAR OFFICERS DO NOT HAVE AT THEIR DISPOSAL CHECKING ACCOUNTS. THEY ARE EMPOWERED TO DRAW DRAFTS TO COVER OFFICIAL EXPENDITURES. WHETHER THAT PROCEDURE WILL BE SUFFICIENT TO AUTHORIZE THE AMERICAN CONSUL AT CONSTANTINOPLE THEN TO MAKE THE NECESSARY PAYMENTS TO THE ATTORNEY. WHO WILL BE REQUIRED TO ENDORSE AS AGENT OF THE LANDLORD AND CAVASS DRAFTS DRAWN FOR THE PURPOSE BY THE CONSUL.

A-16091, NOVEMBER 16, 1926, 6 COMP. GEN. 336

FOREIGN SERVICE - CONSULAR DRAFTS - PAYMENTS TO ATTORNEYS CONSULAR DRAFTS MAY ONLY BE DRAWN TO THE ORDER OF THE CONSULAR OFFICER FOR THE ADVANCE OF FUNDS, AND ONLY THEN THE FUNDS ON HAND ARE INSUFFICIENT TO MEET THE NECESSARY EXPENDITURES. PAYMENTS MAY NOT THEREFORE BE ACCOMPLISHED BY DRAWING A CONSULAR DRAFT TO THE ORDER OF AN INDIVIDUAL PAYEE AND DELIVERING THE SAME TO AN ATTORNEY.

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

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 8, 1926, AS FOLLOWS:

THE DEPARTMENT HAS RECEIVED YOUR LETTER OF NOVEMBER 3, 1926, IN WHICH IT IS HELD THAT THE PAYMENT TO A LOCAL ATTORNEY IN CONSTANTINOPLE OF THE RENT OF THE AMERICAN CONSULAR QUARTERS AT HARPUT, AND THE SALARY OF THE CAVASS AT THAT PLACE, IS NOT AUTHORIZED.

IT IS NOTED THAT "DISBURSING OFFICERS IN THE UNITED STATES MIGHT, IF A PROPER POWER OF ATTORNEY HAS BEEN FILED, MAKE PAYMENT OF RENT BY A DISBURSING OFFICER'S CHECK DRAWN TO THE ORDER OF THE PAYEES AND DELIVERED TO THEIR ATTORNEYS OF RECORD.'

IN THIS CONNECTION, THE DEPARTMENT DESIRES TO POINT OUT THAT WHILE AMERICAN CONSULAR OFFICERS DO NOT HAVE AT THEIR DISPOSAL CHECKING ACCOUNTS, THEY ARE EMPOWERED TO DRAW DRAFTS TO COVER OFFICIAL EXPENDITURES.

THE DEPARTMENT ENCLOSES A FORM OF POWER OF ATTORNEY WITH THE REQUEST THAT IT BE INFORMED WHETHER THE LANDLORD AND CAVASS AT HARPUT MAY EXECUTE SIMILAR INSTRUMENTS DESIGNATING THE ATTORNEY IN CONSTANTINOPLE AS AGENT, AND WHETHER THAT PROCEDURE WILL BE SUFFICIENT TO AUTHORIZE THE AMERICAN CONSUL AT CONSTANTINOPLE THEN TO MAKE THE NECESSARY PAYMENTS TO THE ATTORNEY, WHO WILL BE REQUIRED TO ENDORSE AS AGENT OF THE LANDLORD AND CAVASS DRAFTS DRAWN FOR THE PURPOSE BY THE CONSUL.

THE DEPARTMENT DESIRES FURTHER TO POINT OUT THAT TWO TELEGRAMS HAVE BEEN RECEIVED, ONE FROM THE AMERICAN CONSUL IN CHARGE AT CONSTANTINOPLE, AND THE OTHER FROM THE AMERICAN HIGH COMMISSIONER AT THAT PLACE, INDICATING THAT THE PAYMENTS OF THE RENT AT HARPUT AND OF THE SALARY OF THE CAVASS HAVE NOT BEEN MADE SINCE JULY 1, 1926, AND THAT THE LANDLORD AND CAVASS ARE "CLAMORING FOR MENT.'

IN VIEW OF THE URGENT NATURE OF THIS CASE AND OF THE POSSIBLE DANGER OF INVASION OF THE OFFICIAL ARCHIVES IN THE CONSULAR PREMISES AT HARPUT, THE DEPARTMENT EXPRESSES THE HOPE THAT AN EARLY DECISION MAY BE REACHED IN THE MATTER.

THE DECISION OF NOVEMBER 3, 1926, CITED THE DECISION OF THE FORMER COMPTROLLER OF THE TREASURY IN 27 COMP. DEC. 316, AND MY DECISION OF NOVEMBER 4, 1921, TO YOU, IN WHICH DECISIONS IT WAS HELD THAT CONSULAR DRAFTS SHOULD NOT BE DRAWN IN FAVOR OF THE PERSONS TO WHOM PAYMENTS ARE TO BE MADE BY DIPLOMATIC AND CONSULAR OFFICERS AND SHOULD NOT BE DRAWN AT ALL EXCEPT TO MAKE UP DEFICITS IN THE RECEIPTS OF THEIR OFFICES, THE AMOUNT REALIZED ON SUCH DRAFTS TO BE TAKEN UP AS ADVANCES OF FUNDS. SEE ALSO GENERAL INSTRUCTIONS NO. 832 TO THE CONSULAR SERVICE DATED MAY 20, 1922, PURPORTING TO CARRY THIS RULING INTO EFFECT. AS THERE IS NO AUTHORITY TO DRAW CONSULAR DRAFTS IN FAVOR OF INDIVIDUAL PAYEES IT IS NOT NECESSARY AT THIS TIME TO PASS UPON THE POWER OF ATTORNEY FORM SUBMITTED BY YOU.