A-17700, A-19033, JULY 8, 1927, 7 COMP. GEN. 12

A-17700,A-19033: Jul 8, 1927

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1927: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JUNE 28. AS FOLLOWS: REFERENCE IS MADE TO YOUR DECISION A-17700 TO THIS DEPARTMENT OF MARCH 24. PRIOR TO RECEIPT OF THIS DECISION AN EXPENSE WAS INCURRED BY THE DISTRICT OFFICE OF THE FOREST SERVICE LOCATED IN DENVER. FOR WHICH IT IS PROPOSED TO MAKE PAYMENT FROM THE APPROPRIATION. THE EXPENDITURE WAS OCCASIONED BY THE 1927 AMERICAN FOREST WEEK PROGRAM COVERING THE PERIOD APRIL 24 TO 30. THE ELECTROTYPES AND MATRICES WERE NOT USED IN ANY WAY IN CONNECTION WITH WRITTEN ARTICLES FOR ILLUSTRATIONS. NO CHARGE WAS MADE FOR THEIR INCLUSION OR PUBLICATION IN ANY NEWSPAPER OR MAGAZINE. COPY OF A PRINT FROM THE ETCHING IN PARTICULAR IS NOT AVAILABLE.

A-17700, A-19033, JULY 8, 1927, 7 COMP. GEN. 12

MAGAZINE AND NEWSPAPER ARTICLES - ELECTROTYPES AND MATRICES THE PREPARATION OF ELECTROTYPES AND MATRICES TO BE LOANED TO AND USED BY NEWSPAPERS AND MAGAZINES SEPARATELY AND NOT AS A PART OF ANY WRITTEN ARTICLES PUBLISHED IN SUCH NEWSPAPERS OR MAGAZINES DOES NOT CONSTITUTE THE PREPARATION OF A "NEWSPAPER OR MAGAZINE ARTICLE" WITHIN THE PURVIEW OF THE ACT OF MAY 11, 1922, 42 STAT. 521.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JULY 8, 1927:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JUNE 28, 1927, AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION A-17700 TO THIS DEPARTMENT OF MARCH 24, 1927.

PRIOR TO RECEIPT OF THIS DECISION AN EXPENSE WAS INCURRED BY THE DISTRICT OFFICE OF THE FOREST SERVICE LOCATED IN DENVER, COLO., FORONE ZINC ETCHING WITH FIFTY-ONE ELECTROTYPES AND FORTY MATRICES, AMOUNT $45.00, FOR WHICH IT IS PROPOSED TO MAKE PAYMENT FROM THE APPROPRIATION, GENERAL EXPENSES, FOREST SERVICE, 1927.

THE EXPENDITURE WAS OCCASIONED BY THE 1927 AMERICAN FOREST WEEK PROGRAM COVERING THE PERIOD APRIL 24 TO 30, PROCLAIMED BY THE PRESIDENT UNDER DATE OF MARCH 5, 1927, COPY OF THE PROCLAMATION BEING ATTACHED HERETO. THE ELECTROTYPES AND MATRICES WERE NOT USED IN ANY WAY IN CONNECTION WITH WRITTEN ARTICLES FOR ILLUSTRATIONS, BEING DISTRIBUTED TO COUNTRY NEWSPAPERS TO SERVE ALONE IN THE PROMOTION OF LOCAL PUBLIC INTEREST IN FIRE PREVENTION AND THE USE AND CARE OF THE NATIONAL FORESTS. NO CHARGE WAS MADE FOR THEIR INCLUSION OR PUBLICATION IN ANY NEWSPAPER OR MAGAZINE, THE SPACE AND PRINTING COSTS BEING DONATED BY THE NEWSPAPERS SOLELY AS A MATTER OF HELPFUL COOPERATION. COPY OF A PRINT FROM THE ETCHING IN PARTICULAR IS NOT AVAILABLE, BUT ENCLOSED HEREWITH IS COPY OF A PRINT FROM A SOMEWHAT SIMILAR ETCHING USED SEVERAL YEARS AGO WHICH GIVES AN IDEA OF THE GENERAL NATURE OF ELECTROTYPES AND MATRICES THE DEPARTMENT DESIRES TO PURCHASE AND LOAN.

THE ADVANTAGES TO BE SECURED BY THE USE OF ELECTROTYPES AND MATRICES IN THE MANNER CONTEMPLATED IS FULLY SET FORTH IN MY SUBMISSION OF MARCH 8 TO WHICH YOUR DECISION A-17700 OF MARCH 24 REFERS. A CAREFUL STUDY OF YOUR DETERMINATION SEEMINGLY INDICATES THAT IT WAS BASED ON THE PREMISE CONTAINED IN THE FOLLOWING PARAGRAPH:

"IT IS UNDERSTOOD FROM YOUR SUBMISSION THAT WHAT IS PROPOSED IS TO HAVE CUTS AND MATRICES PREPARED FOR LOANING TO NEWSPAPERS, MAGAZINES, ETC., FOR USE IN ILLUSTRATING ARTICLES DESIGNED TO PRODUCE RESULTS THAT WILL ACCRUE TO THE BENEFIT OF THE FOREST SERVICE.'

THE RULING RESULTING FROM THIS PREMISE CLEARLY PRECLUDES THE PURCHASE AND LOANING OF ELECTROTYPES AND MATRICES FOR USE IN ILLUSTRATING ARTICLES IN NEWSPAPERS AND MAGAZINES, BUT IT IS NOT CLEAR THAT IT PRECLUDES THE PURCHASE AND LOANING OF ELECTROTYPES AND MATRICES WHICH ARE NOT TO BE USED IN CONNECTION WITH WRITTEN ARTICLES, BUT RATHER SERVE BY THEMSELVES IN ADVANCING THE INTEREST OF FIRE PREVENTION AND OTHER FOREST SERVICE ACTIVITIES.

THE FOREST SERVICE PORTION OF THE APPROPRIATION ACT FOR THE DEPARTMENT OF AGRICULTURE, FISCAL YEAR 1927, CONTAINS THE FOLLOWING LANGUAGE,"TO PAY ALL EXPENSES NECESSARY TO PROTECT, ADMINISTER, AND IMPROVE THE NATIONAL FORESTS.'

THE AMERICAN FOREST WEEK PROGRAM HAS BEEN AN ANNUAL ACTIVITY OF THIS DEPARTMENT FOR SEVERAL YEARS AND ITS PURPOSES AND NECESSITY HAVE BEEN DULY RECOGNIZED BY PROCLAMATION OF THE PRESIDENT. THE FURNISHING OF ELECTROTYPES AND MATRICES TO NEWSPAPERS AND MAGAZINES AS HEREIN PROPOSED HAS BEEN DEEMED A NECESSITY IN THE FURTHERANCE OF THE ANNUAL PROGRAMS AND IT IS SUBMITTED THAT IT WAS NOT THE PURPOSE OF THE ACT OF MAY 11, 1922 (42 STAT. 521), TO PREVENT SUCH PRACTICE. ALSO IT IS NOT BELIEVED THAT SUCH PRACTICE CONSTITUTES THE PREPARATION OR PUBLICATION OF A NEWSPAPER OR MAGAZINE ARTICLE OR AN ILLUSTRATION OF AN ARTICLE IN A NEWSPAPER OR MAGAZINE, BUT RATHER REPRESENTS A FORM OF GIVING OUT, IN AN EXTREMELY EFFECTIVE MANNER, WITHOUT DISCRIMINATION, OF FACTS AND OFFICIAL INFORMATION OF VALUE TO THE PUBLIC, THE GIVING OUT OF WHICH IS EXPRESSLY PROVIDED FOR AND SAFEGUARDED IN THE LAST CLAUSE OF THE ACT ABOVE MENTIONED.

YOUR DECISION A-17990 OF APRIL 12, 1927, ESTABLISHES THAT THE PROCESS OF PRESENTING OFFICIAL INFORMATION TO THE PUBLIC AS HEREIN PROPOSED DOES NOT CONSTITUTE PRINTING WHICH IS REQUIRED BY THE ACT OF MARCH 1, 1919 (40 STAT. 1270), TO BE PERFORMED AT THE GOVERNMENT PRINTING OFFICE.

YOUR DECISION AS TO THE AUTHORITY OF THE DEPARTMENT TO PAY FROM OFFICIAL FUNDS THE VOUCHER IN QUESTION AND SUBSEQUENT VOUCHERS OF A SIMILAR NATURE IS RESPECTFULLY REQUESTED.

THE ACT OF MAY 11, 1922, 42 STAT. 521, PROVIDES:

* * * THAT HEREAFTER NO PART OF ANY FUNDS APPROPRIATED FOR THE FOREST SERVICE SHALL BE PAID OR USED FOR THE PURPOSE OF PAYING FOR, IN WHOLE OR IN PART, THE PREPARATION OR PUBLICATION OF ANY NEWSPAPER OR MAGAZINE ARTICLE, BUT THIS SHALL NOT PREVENT THE GIVING OUT TO ALL PERSONS, WITHOUT DISCRIMINATION, INCLUDING NEWSPAPERS AND MAGAZINE WRITERS AND PUBLISHERS, OF ANY FACTS OR OFFICIAL INFORMATION OF VALUE TO THE PUBLIC; * * *

IN DECISION OF APRIL 12, 1927, 6 COMP. GEN. 65, IT WAS HELD THAT "PRINTS OR CUTS" TO BE LOANED TO NEWSPAPERS FOR USE IN ILLUSTRATING ARTICLES TO BE PUBLISHED IN CONNECTION WITH THE WORK OF THE DEPARTMENT IN THE ERADICATION OR CONTROL OF THE CORN BORER DID NOT CONSTITUTE PRINTING SUCH AS IS REQUIRED TO BE DONE AT THE GOVERNMENT PRINTING OFFICE. IN DECISION OF MARCH 24, 1927, A-17700, YOU WERE ADVISED THAT THE ACT OF MAY 11, 1922, SUPRA, PROHIBITED THE USE OF FOREST SERVICE APPROPRIATIONS FOR PAYING FOR THE PREPARATION OR PRODUCTION OF CUTS AND MATRICES TO BE USED BY NEWSPAPERS AND MAGAZINES IN CONNECTION WITH THE PUBLICATION OF ARTICLES.

WEBSTER'S DICTIONARY DEFINES "ARTICLE" WHEN USED IN REFERENCE TO LITERATURE AS "A LITERARY COMPOSITION FORMING AN INDEPENDENT PORTION OF A MAGAZINE, NEWSPAPER, OR CYCLOPEDIA.' SEE ALSO MILLER V. STATE, 99 S.W. 533, 81 ARK. 359, WHICH GIVES THIS DEFINITION JUDICIAL RECOGNITION.

AS ELECTROTYPES AND MATRICES FOR PRODUCING ILLUSTRATIONS OR ETCHINGS TO BE PUBLISHED IN NEWSPAPERS OR MAGAZINES ARE NOT IN THEMSELVES LITERARY COMPOSITIONS, THEY DO NOT, WHEN USED SEPARATELY AND NOT IN CONNECTION WITH NEWSPAPER OR MAGAZINE ARTICLES, COME WITHIN THE PURVIEW OF THE ACT OF MAY 11, 1922, SUPRA.

WITH THE UNDERSTANDING THAT THE ELECTROTYPES AND MATRICES REFERRED TO IN YOUR SUBMISSION ARE NOT TO BE USED IN CONNECTION WITH OR AS A PART OF ANY MAGAZINE OR NEWSPAPER ARTICLE, PAYMENT THEREFOR FROM THE APPROPRIATION FOR THE FOREST SERVICE MAY BE MADE IF OTHERWISE LEGAL AND PROPER, A SATISFACTORY SHOWING AS TO THE USE TO ACCOMPANY THE VOUCHER IN EACH INSTANCE.