A-21923, MARCH 28, 1928, 7 COMP. GEN. 611

A-21923: Mar 28, 1928

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IS CONSIDERED AS BEING SUFFICIENTLY SPECIFIC TO MEET THE REQUIREMENTS OF SECTION 5 OF THE ACT OF JULY 16. UNLESS THE SAME IS AUTHORIZED BY LAW. WHEREIN THERE WAS DISALLOWED CREDIT FOR THE AMOUNT OF $32.85 PAID ON VOUCHER 743 OF HIS ACCOUNTS FOR THE MONTH OF JUNE. FOR A STORAGE BATTERY FOR USE IN A CADILLAC CAR THAT WAS ISSUED TO THE NATIONAL GUARD OF THAT STATE BY THE SECRETARY OF WAR UNDER THE AUTHORITY CONTAINED IN THE ACT OF JUNE 5. PAYMENT OF THE AMOUNT IN QUESTION WAS MADE FROM THE APPROPRIATION FOR "ARMS. CREDIT FOR THE PAYMENT WAS DISALLOWED ON THE GROUND THAT THE CAR FOR WHICH THE BATTERY WAS PURCHASED WAS APPARENTLY A MOTOR-PROPELLED PASSENGER-CARRYING CAR FOR THE REPAIR OF WHICH THERE APPEARED TO BE NO SPECIFIC PROVISION IN THE APPROPRIATION CHARGED.

A-21923, MARCH 28, 1928, 7 COMP. GEN. 611

NATIONAL GUARD - AVAILABILITY OF APPROPRIATIONS FOR REPAIRING EQUIPMENT THE PROVISION IN THE APPROPRIATION FOR "ARMS, UNIFORMS, EQUIPMENT, AND SO FORTH, FOR FIELD SERVICE, NATIONAL GUARD" FOR "REPAIR" OF ARTICLES OF EQUIPAGE AND MILITARY STORES, HAVING APPARENTLY BEEN INSERTED IN LIEU OF AND TO SUPPLANT THE PROVISION PREVIOUSLY MADE IN THE APPROPRIATION FOR "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD" FOR MAKING REPAIRS TO FEDERAL PROPERTY ISSUED TO THE NATIONAL GUARD, IS CONSIDERED AS BEING SUFFICIENTLY SPECIFIC TO MEET THE REQUIREMENTS OF SECTION 5 OF THE ACT OF JULY 16, 1914, 38 STAT. 508, PROHIBITING THE EXPENDITURE OF APPROPRIATED FUNDS FOR THE REPAIR OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES, UNLESS THE SAME IS AUTHORIZED BY LAW.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 28, 1928:

LIEUT. COL. J. H. SPENGLER, UNITED STATES PROPERTY AND DISBURSING OFFICER, FLORIDA NATIONAL GUARD, REQUESTED FEBRUARY 15, 1928, REVIEW OF THAT PORTION OF SETTLEMENT NO. K-21085-W, DATED JANUARY 31, 1928, WHEREIN THERE WAS DISALLOWED CREDIT FOR THE AMOUNT OF $32.85 PAID ON VOUCHER 743 OF HIS ACCOUNTS FOR THE MONTH OF JUNE, 1927, TO THE JACKSONVILLE ELECTRIC GARAGE CO., FOR A STORAGE BATTERY FOR USE IN A CADILLAC CAR THAT WAS ISSUED TO THE NATIONAL GUARD OF THAT STATE BY THE SECRETARY OF WAR UNDER THE AUTHORITY CONTAINED IN THE ACT OF JUNE 5, 1920, 41 STAT. 973, AND SIMILAR LAWS SUBSEQUENTLY ENACTED.

PAYMENT OF THE AMOUNT IN QUESTION WAS MADE FROM THE APPROPRIATION FOR "ARMS, UNIFORM, EQUIPMENT, ETC., FOR FIELD SERVICE, NATIONAL GUARD," FOR THE FISCAL YEAR 1927, AND CREDIT FOR THE PAYMENT WAS DISALLOWED ON THE GROUND THAT THE CAR FOR WHICH THE BATTERY WAS PURCHASED WAS APPARENTLY A MOTOR-PROPELLED PASSENGER-CARRYING CAR FOR THE REPAIR OF WHICH THERE APPEARED TO BE NO SPECIFIC PROVISION IN THE APPROPRIATION CHARGED.

THE BASIS OF LAW FOR THE DISALLOWANCE IS SECTION 5 OF THE ACT OF JULY 16, 1914, 38 STAT. 508, IN WHICH IT IS PROVIDED THAT NO APPROPRIATION MADE IN THAT OR ANY OTHER ACT SHALL BE AVAILABLE FOR THE PURCHASE OF ANY MOTOR- PROPELLED OR HORSE-DRAWN PASSENGER-CARRYING VEHICLE FOR THE SERVICE OF ANY OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS, OR ANY BRANCH OF THE GOVERNMENT SERVICE, UNLESS SPECIFIC AUTHORITY IS GIVEN THEREFOR, AND THAT---

* * * AFTER THE CLOSE OF THE FISCAL YEAR NINETEEN HUNDRED AND FIFTEEN THERE SHALL NOT BE EXPENDED OUT OF ANY APPROPRIATION MADE BY CONGRESS ANY SUM FOR PURCHASE, MAINTENANCE, REPAIR, OR OPERATION OF MOTOR-PROPELLED OR HORSE-DRAWN PASSENGER-CARRYING VEHICLES FOR ANY BRANCH OF THE PUBLIC SERVICE OF THE UNITED STATES UNLESS THE SAME IS SPECIFICALLY AUTHORIZED BY LAW. * * *

THE APPROPRIATION FOR "ARMS, UNIFORMS, EQUIPMENT, AND SO FORTH, FOR FIELD SERVICE, NATIONAL GUARD" FOR THE FISCAL YEAR 1927, AS MADE BY THE ACT OF APRIL 15, 1926, 44 STAT 282, AND FROM WHICH THE PAYMENT HERE IN QUESTION WAS MADE, READS IN PART AS FOLLOWS:

TO PROCURE BY PURCHASE OR MANUFACTURE AND ISSUE FROM TIME TO TIME TO THE NATIONAL GUARD, UPON REQUISITION OF THE GOVERNORS OF THE SEVERAL STATES AND TERRITORIES, OR THE COMMANDING GENERAL, NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, SUCH MILITARY EQUIPMENT AND STORES OF ALL KINDS AND A RESERVE SUPPLY THEREOF AS ARE NECESSARY TO ARM, UNIFORM, AND EQUIP FOR FIELD SERVICE THE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA, AND TO REPAIR SUCH OF THE AFOREMENTIONED ARTICLES OF EQUIPAGE AND MILITARY STORES AS ARE OR MAY BECOME DAMAGED WHEN, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, SUCH REPAIR MAY BE DETERMINED TO BE AN ECONOMICAL MEASURE AND AS NECESSARY FOR THEIR PROPER PRESERVATION AND USE. * * *.

THE APPROPRIATION ACTS BEGINNING WITH THAT FOR THE FISCAL YEAR 1921 TO AND INCLUDING THAT FOR THE FISCAL YEAR 1928, MAKING APPROPRIATION FOR "ARMS, UNIFORMS, EQUIPMENT, AND SO FORTH, FOR FIELD SERVICE, NATIONAL GUARD," HAVE EACH CONTAINED SIMILARLY WORDED PROVISIONS DIRECTING THE SECRETARY OF WAR TO ISSUE, WITHOUT CHARGE AGAINST MILITIA APPROPRIATIONS, FROM SUPPLIES OR RESERVE STORES AND MATERIALS ON HAND AND PURCHASED FOR THE ARMY SUCH ARTICLES OF CLOTHING AND EQUIPMENT AND FIELD ARTILLERY, ENGINEER AND SIGNAL MATERIAL, AND AMMUNITION AS MAY BE NEEDED BY THE NATIONAL GUARD ORGANIZED UNDER THE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF JUNE 4, 1920, AND THE CADILLAC CAR HERE IN QUESTION, AND FOR WHICH THE BATTERY WAS PURCHASED, IS STATED AS BEING ONE OF SIX GOVERNMENT-OWNED PASSENGER-CARRYING MOTOR-PROPELLED VEHICLES THAT WERE LEFT OVER FROM THE LATE WAR AND WHICH MUST BE KEPT IN REPAIR AS PART OF THE AUTHORIZED EQUIPMENT FOR USE IN THE EVENT OF A MOBILIZATION OF THE NATIONAL GUARD.

THAT THERE HAS BEEN, IS, AND WILL BE A NECESSITY FOR THE MAKING OF REPAIRS TO FEDERALLY OWNED EQUIPMENT, ISSUED BY THE SECRETARY OF WAR TO THE NATIONAL GUARD OF THE DIFFERENT STATES, IS APPARENT. IN DECISION A.D. 7688 OF MAY 23, 1923, IT WAS HELD THAT IT MUST BE PRESUMED TO BE THE INTENT THAT THE PROVISION IN THE APPROPRIATION FOR ARMS, UNIFORMS, EQUIPMENT, AND SO FORTH, FOR THE FIELD SERVICE OF THE NATIONAL GUARD FOR THE FISCAL YEAR 1923, REQUIRING THE SECRETARY OF WAR TO ISSUE TO THE NATIONAL GUARD CERTAIN SPECIFIED SURPLUS OR RESERVE MATERIALS THAT THE NATIONAL GUARD SHOULD RECEIVE OR OBTAIN DURING THAT FISCAL YEAR ONLY SUCH ARMS, FIELD ARTILLERY, ENGINEER AND SIGNAL MATERIAL AS COULD BE ISSUED TO IT FROM SURPLUS OR RESERVE STORES OF THE ARMY, AND THAT SPARE PARTS, BATTERIES, ETC., WERE EMBRACED WITHIN THE TERM "FIELD ARTILLERY, ENGINEER AND SIGNAL MATERIAL" AND THAT NO PART OF THE APPROPRIATION COULD BE USED FOR THEIR PURCHASE, IT BEING HELD ALSO THAT IF ANY EQUIPMENT THERETOFORE ISSUED TO THE NATIONAL GUARD BY THE SECRETARY OF WAR WAS IN NEED OF REPAIR, INCLUDING REPLACEMENT OF PARTS, SUCH MIGHT BE FURNISHED FROM ANY UNEXPENDED BALANCE OF THE APPROPRIATION FOR THE PRECEDING FISCAL YEAR FOR REPAIRS TO FEDERAL PROPERTY ISSUED TO THE NATIONAL GUARD.

THE ABOVE DECISION WAS RENDERED AT A TIME WHEN THE APPROPRIATION FOR ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD FOR THE FISCAL YEARS 1922, 1923, AND 1924 CARRIED A PROVISION "FOR REPAIR OF FEDERAL PROPERTY ISSUED TO THE NATIONAL GUARD," AND DURING WHICH TIME NO PROVISION WAS MADE IN THE APPROPRIATION FOR "ARMS, UNIFORMS, EQUIPMENT, AND SO FORTH, FOR FIELD SERVICE, NATIONAL GUARD," FOR THE "REPAIR" OF DAMAGED ARTICLES OF EQUIPAGE AND MILITARY STORES, THE PROCUREMENT OR PURCHASE OF WHICH WAS AUTHORIZED IN THAT APPROPRIATION. HOWEVER, IN THE FIRST-MENTIONED APPROPRIATION FOR SUBSEQUENT FISCAL YEARS THE PROVISION FOR REPAIRING FEDERALLY OWNED PROPERTY THAT HAD BEEN ISSUED TO THE NATIONAL GUARD WAS ELIMINATED, AND THERE APPEARED IN THE LATTER APPROPRIATION A PROVISION FOR "REPAIR" OF DAMAGED EQUIPAGE, ETC.

IN VIEW, THEREFORE, OF THE PROVISION IN THE APPROPRIATION FOR WHICH PAYMENT WAS MADE IN THIS CASE AUTHORIZING THE "REPAIR" OF ARTICLES OF EQUIPAGE OR MILITARY STORES BECOMING DAMAGED, AND WHICH WAS APPARENTLY INSERTED IN SAID APPROPRIATION TO REPLACE A MORE SPECIFIC PROVISION IN THE APPROPRIATION FOR ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD, THE AUTHORIZATION THUS MADE IS CONSIDERED AS BEING SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 5 OF THE ACT OF JULY 16, 1914, SUPRA, PROHIBITING THE REPAIR OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES UNLESS THE SAME IS AUTHORIZED BY LAW.

UPON REVIEW, CREDIT FOR THE PAYMENT FOR THE BATTERY PURCHASED AS THE REPLACEMENT OF A WORN-OUT BATTERY WILL NOW BE ALLOWED IF OTHERWISE CORRECT AND PROPER.