A-19397, AUGUST 18, 1927, 7 COMP. GEN. 124

A-19397: Aug 18, 1927

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1927: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JULY 30. AS FOLLOWS: THERE IS ENCLOSED HEREWITH FOR YOUR CONSIDERATION A VOUCHER IN FAVOR OF THE TIMBERMAN IN THE AMOUNT OF $5.20. THE VOUCHER IS SUBMITTED (1) BECAUSE THE FUND. " FROM WHICH PAYMENT IS TO BE MADE IS NOT CARRIED ON THE BOOKS OF THE TREASURY DEPARTMENT. (2) BECAUSE THE AUTHORIZATION IS BY TELEGRAM AND NOT ON PRINTED FORM 1-427A. WHICH IS THE ORDER FOR ADVERTISING APPROVED BY THE COMPTROLLER OF THE TREASURY JANUARY 18. THIS LATTER ORDER IS REQUIRED BY THE CHIEF DISBURSING CLERK OF THE DEPARTMENT OF THE INTERIOR BEFORE THE CERTIFICATE ON THE FACE OF THE VOUCHER MAY BE SIGNED BY THE CHIEF CLERK OF THE DEPARTMENT. IN VIEW OF THESE FACTS IT IS REQUESTED THAT YOU AUDIT THE VOUCHER IN ACCORDANCE WITH THE DATA ENCLOSED AND RETURN IT TO THIS DEPARTMENT IN ORDER THAT SAME MAY BE SUBMITTED TO THE SUPERINTENDENT OF KLAMATH INDIAN AGENCY FOR PAYMENT IF APPROVED.

A-19397, AUGUST 18, 1927, 7 COMP. GEN. 124

ADVERTISING, NEWSPAPER - DELEGATION OF AUTHORITY THE PROVISION OF SECTION 3828 OF THE REVISED STATUTES THAT ADVERTISING IN NEWSPAPERS SHALL BE OBTAINED ONLY PURSUANT TO THE WRITTEN AUTHORITY OF THE HEAD OF THE DEPARTMENT CONCERNED DOES NOT REQUIRE THAT HE SHALL PERSONALLY SELECT THE NEWSPAPER OR PERSONALLY AUTHORIZE THE PUBLICATION OF THE ADVERTISEMENT IN EACH SPECIFIC INSTANCE, AND WHERE A SUBORDINATE OFFICIAL, TO WHOM AUTHORITY FOR PLACING ADVERTISING HAS BEEN DELEGATED, DIRECTS A FIELD OFFICER BY TELEGRAM TO PLACE AN ADVERTISEMENT, SUCH ORDER MAY BE ACCEPTED AS CONSTITUTING A SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE STATUTE.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE INTERIOR, AUGUST 18, 1927:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JULY 30, 1927, AS FOLLOWS:

THERE IS ENCLOSED HEREWITH FOR YOUR CONSIDERATION A VOUCHER IN FAVOR OF THE TIMBERMAN IN THE AMOUNT OF $5.20.

THE VOUCHER IS SUBMITTED (1) BECAUSE THE FUND,"EXPENSE ACCOUNT, TIMBER," FROM WHICH PAYMENT IS TO BE MADE IS NOT CARRIED ON THE BOOKS OF THE TREASURY DEPARTMENT, AND (2) BECAUSE THE AUTHORIZATION IS BY TELEGRAM AND NOT ON PRINTED FORM 1-427A, WHICH IS THE ORDER FOR ADVERTISING APPROVED BY THE COMPTROLLER OF THE TREASURY JANUARY 18, 1912. THIS LATTER ORDER IS REQUIRED BY THE CHIEF DISBURSING CLERK OF THE DEPARTMENT OF THE INTERIOR BEFORE THE CERTIFICATE ON THE FACE OF THE VOUCHER MAY BE SIGNED BY THE CHIEF CLERK OF THE DEPARTMENT.

IN VIEW OF THESE FACTS IT IS REQUESTED THAT YOU AUDIT THE VOUCHER IN ACCORDANCE WITH THE DATA ENCLOSED AND RETURN IT TO THIS DEPARTMENT IN ORDER THAT SAME MAY BE SUBMITTED TO THE SUPERINTENDENT OF KLAMATH INDIAN AGENCY FOR PAYMENT IF APPROVED.

SECTION 3828, REVISED STATUTES, PROVIDES:

NO ADVERTISEMENT, NOTICE, OR PROPOSAL FOR ANY EXECUTIVE DEPARTMENT OF THE GOVERNMENT, OR FOR ANY BUREAU THEREOF, OR FOR ANY OFFICE THEREWITH CONNECTED, SHALL BE PUBLISHED IN ANY NEWSPAPER WHATEVER, EXCEPT IN PURSUANCE OF A WRITTEN AUTHORITY FOR SUCH PUBLICATION FROM THE HEAD OF SUCH DEPARTMENT; AND NO BILL FOR ANY ADVERTISING OR PUBLICATION SHALL BE PAID UNLESS THERE BE PRESENTED WITH SUCH BILL A COPY OF SUCH WRITTEN AUTHORITY.

THIS SECTION CONTEMPLATES AND PROVIDES THAT NO ADVERTISEMENT FOR THE GOVERNMENT SHALL BE PUBLISHED BY ANY NEWSPAPER EXCEPT ON THE WRITTEN ORDER OF THE HEAD OF THE DEPARTMENT OR ON THE WRITTEN ORDER OF SOME SUBORDINATE OFFICIAL WHO HAS THE WRITTEN AUTHORITY OF THE HEAD OF THE DEPARTMENT TO GIVE SUCH ORDER, AND THAT NO BILL FOR ADVERTISING SHALL BE PAID UNLESS ACCOMPANIED BY A COPY OF THE SPECIFIC AUTHORITY FOR THE SAME. 2 COMP. GEN. 459; 19 COMP. DEC. 628.

NO INFORMATION IS SUBMITTED SHOWING THE CAPACITY IN WHICH MR. MERITT ACTED IN AUTHORIZING THE SUPERINTENDENT OF THE KLAMATH INDIAN AGENCY TO PLACE THE ADVERTISEMENT, OR WHETHER THE SECRETARY OF THE INTERIOR HAD DELEGATED TO HIM AUTHORITY TO ORDER THE PLACING OF ADVERTISEMENTS. NEITHER DOES IT APPEAR WHAT AUTHORITY WAS CONTAINED IN THE LETTER OF MARCH 9, REFERRED TO IN THE TELEGRAM OF APRIL 13, 1927, ADDRESSED TO SUPERINTENDENT ARNOLD.

ASSUMING, HOWEVER, THAT THE AUTHORITY REQUIRED BY SECTION 3828, REVISED STATUTES, FOR THE PLACING OF NECESSARY ADVERTISING HAS BEEN DELEGATED BY THE SECRETARY OF THE INTERIOR TO MR. MERITT, THEN, IN VIEW OF THE FACT THAT THE DUTIES OF SUCH OFFICER AND THE CIRCUMSTANCES INVOLVED IN THE INSTANT MATTER RENDERED IT IMPRACTICABLE FOR HIM PERSONALLY TO SELECT THE SPECIFIC NEWSPAPER IN WHICH THE ADVERTISEMENT SHOULD BE PLACED, THE DIRECTION GIVEN BY TELEGRAM TO THE SUPERINTENDENT OF THE KLAMATH INDIAN AGENCY AND THE SUBSEQUENT PLACING OF THE ADVERTISEMENT BY THAT OFFICER, UNDER DATE OF APRIL 13, 1927, MAY BE ACCEPTED AS CONSTITUTING A SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE STATUTE.

THE MERE FACT THAT THE AUTHORIZATION FOR THE ADVERTISEMENT WAS GIVEN BY TELEGRAM, INSTEAD OF ON PRINTED FORM 1-427A, DOES NOT PRECLUDE PAYMENT, AS A TELEGRAM MAY BE REGARDED AS A WRITTEN ORDER WITHIN THE MEANING OF SECTION 3828, REVISED STATUTES.