A-19368, AUGUST 24, 1927, 7 COMP. GEN. 143

A-19368: Aug 24, 1927

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PURCHASES - NEWSPAPERS - NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS THE UNITED STATES DAILY IS A NEWSPAPER AND NOT A PERIODICAL AND MAY NOT BE PURCHASED BY A GOVERNMENT ESTABLISHMENT UNLESS THERE IS AN APPROPRIATION PROVIDING IN SPECIFIC TERMS FOR THE PURCHASE OF NEWSPAPERS. WHEREIN WAS DISALLOWED CREDIT FOR $15 PAID FOR SUBSCRIPTION TO THE UNITED STATES DAILY. IT WAS HELD THAT THE UNITED STATES DAILY IS A NEWSPAPER AND NOT A PERIODICAL. IT HAS BEEN HELD THAT UNLESS EXPENDITURES FOR NEWSPAPERS ARE SPECIFICALLY MENTIONED IN THE APPROPRIATION OR ARE OTHERWISE AUTHORIZED BY LAW. THE APPROPRIATION IS NOT AVAILABLE THEREFOR. 3 COMP. WAS PRINTED. HOLDING THAT THE UNITED STATES DAILY WAS A NEWSPAPER WAS NOT PRINTED.

A-19368, AUGUST 24, 1927, 7 COMP. GEN. 143

PURCHASES - NEWSPAPERS - NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS THE UNITED STATES DAILY IS A NEWSPAPER AND NOT A PERIODICAL AND MAY NOT BE PURCHASED BY A GOVERNMENT ESTABLISHMENT UNLESS THERE IS AN APPROPRIATION PROVIDING IN SPECIFIC TERMS FOR THE PURCHASE OF NEWSPAPERS.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 24, 1927:

J. F. VICTORY, SPECIAL DISBURSING AGENT, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, REQUESTED JULY 28, 1927, REVIEW OF SETTLEMENT K-1713 MS, DATED FEBRUARY 8, 1927, WHEREIN WAS DISALLOWED CREDIT FOR $15 PAID FOR SUBSCRIPTION TO THE UNITED STATES DAILY, AUGUST 1, 1926, TO JUNE 30, 1927, ON VOUCHER 205, IN HIS ACCOUNT FOR AUGUST, 1926.

IN A DECISION OF THIS OFFICE, A-13787, DATED APRIL 20, 1926, IT WAS HELD THAT THE UNITED STATES DAILY IS A NEWSPAPER AND NOT A PERIODICAL, AND CONSEQUENTLY COULD NOT BE PURCHASED UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1033, MAKING APPROPRIATION FOR CONTINGENT EXPENSES OF THE DEPARTMENT OF COMMERCE.

SECTION 192, REVISED STATUTES, AS AMENDED BY THE ACT OF JUNE 22, 1906, 34 STAT. 449, PROVIDES THAT THE AMOUNT EXPENDED IN ANY ONE YEAR FOR NEWSPAPERS FOR ANY ONE DEPARTMENT, EXCEPT THE DEPARTMENT OF STATE, SHALL NOT EXCEED $100. IT HAS BEEN HELD THAT AS THIS STATUTE SHOWS AN INTENTION ON THE PART OF THE CONGRESS TO RESTRICT AND CONFINE EXPENDITURES IN THE EXECUTIVE DEPARTMENTS ON ACCOUNT OF NEWSPAPERS, SUCH EXPENDITURES SHOULD NOT BE MADE IN THE ABSENCE OF SPECIFIC AUTHORIZATION IN THE APPROPRIATION OR IN SOME OTHER STATUTE. 1 COMP. GEN. 92. AND WHILE THE STATUTE DOES NOT SPECIFICALLY MENTION GOVERNMENT ESTABLISHMENTS NOT CONNECTED WITH ANY OF THE EXECUTIVE DEPARTMENTS, IT HAS BEEN HELD THAT UNLESS EXPENDITURES FOR NEWSPAPERS ARE SPECIFICALLY MENTIONED IN THE APPROPRIATION OR ARE OTHERWISE AUTHORIZED BY LAW, THE APPROPRIATION IS NOT AVAILABLE THEREFOR. 3 COMP. GEN. 491.

THE ACT OF APRIL 22, 1926, 44 STAT. 314, MAKING AN APPROPRIATION FOR THE "NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, 1927," DOES NOT SPECIFICALLY PROVIDE FOR NEWSPAPERS.

THE DECISION OF FEBRUARY 9, 1924, 3 COMP. GEN. 491, WAS PRINTED; AND WHILE THE DECISION OF APRIL 20, 1926, A-13787, HOLDING THAT THE UNITED STATES DAILY WAS A NEWSPAPER WAS NOT PRINTED, A COPY THEREOF WAS SENT TO THE SECRETARY OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS IN APRIL, 1926. IT APPEARS, THEREFORE, THAT THE PAYMENT HERE IN QUESTION, WHICH WAS MADE IN AUGUST, 1926, WAS MADE IN DIRECT CONTRAVENTION OF DECISIONS OF THIS OFFICE OF WHICH IT MUST BE PRESUMED THAT THE DISBURSING AGENT HAD KNOWLEDGE.