A-25452, JUNE 24, 1929, 8 COMP. GEN. 661

A-25452: Jun 24, 1929

Additional Materials:

Contact:

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

 

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

PRIVATE - DAMAGES - PROHIBITION ENFORCEMENT THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF A CLAIM BY THE OWNER FOR DAMAGES TO HIS PRIVATE AUTOMOBILE SUSTAINED BY REASON OF A COLLISION WITH AN AUTOMOBILE WHICH HAD BEEN COMMANDEERED BY A PROHIBITION OFFICER AND WAS BEING USED TO PURSUE ANOTHER CAR SUSPECTED OF VIOLATION OF THE PROHIBITION LAW. SAID PAYMENT COVERING REPAIRS TO A FORD CAR WHICH WAS DAMAGED BY A CAR WHICH HAD BEEN COMMANDEERED BY A PROHIBITION OFFICER FOR USE IN ENFORCING THE PROHIBITION LAW UNDER THE FOLLOWING CIRCUMSTANCES: WHILE IN PURSUIT OF HIS DUTY AS A PROHIBITION OFFICER. WHICH WAS MOVING ALONG THE STREET IN ACCORDANCE WITH THE TRAFFIC LAW AND REGULATIONS OF THE STATE AND CITY.

A-25452, JUNE 24, 1929, 8 COMP. GEN. 661

PROPERTY, PRIVATE - DAMAGES - PROHIBITION ENFORCEMENT THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF A CLAIM BY THE OWNER FOR DAMAGES TO HIS PRIVATE AUTOMOBILE SUSTAINED BY REASON OF A COLLISION WITH AN AUTOMOBILE WHICH HAD BEEN COMMANDEERED BY A PROHIBITION OFFICER AND WAS BEING USED TO PURSUE ANOTHER CAR SUSPECTED OF VIOLATION OF THE PROHIBITION LAW.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 24, 1929:

REVIEW HAS BEEN REQUESTED OF THE ACTION OF THIS OFFICE IN NOT ALLOWING CREDIT IN THE ACCOUNTS OF C. N. HILDRETH, JR., COLLECTOR OF CUSTOMS, TAMPA, FLA., FOR THE SUM OF $89.10, THE AMOUNT PAID BY HIM TO THE A.A.A. GARAGE ON VOUCHER NO. 851, AUGUST, 1928, SAID PAYMENT COVERING REPAIRS TO A FORD CAR WHICH WAS DAMAGED BY A CAR WHICH HAD BEEN COMMANDEERED BY A PROHIBITION OFFICER FOR USE IN ENFORCING THE PROHIBITION LAW UNDER THE FOLLOWING CIRCUMSTANCES:

WHILE IN PURSUIT OF HIS DUTY AS A PROHIBITION OFFICER, W. E. DEDENBAUGH COMMANDEERED AN OVERLAND AUTOMOBILE FOR USE IN SEIZING A CAR BELIEVED TO BE ILLEGALLY ENGAGED IN THE LIQUOR TRAFFIC, AND DIRECTED THE OWNER AND DRIVER OF THE COMMANDEERED CAR TO VIOLATE THE TRAFFIC REGULATIONS IN AN EFFORT TO OVERTAKE THE CAR BEING PURSUED, WITH A VIEW TO SEIZURE, AS A RESULT OF WHICH THE COMMANDEERED CAR COLLIDED WITH THE FORD CAR, WHICH WAS MOVING ALONG THE STREET IN ACCORDANCE WITH THE TRAFFIC LAW AND REGULATIONS OF THE STATE AND CITY, THEREBY DAMAGING THE SAME. THE NECESSARY REPAIRS WERE MADE TO THE FORD CAR AT A COST OF $89.10, BY DIRECTION OF THE PROHIBITION OFFICER, AND SAID AMOUNT WAS PAID BY THE DISBURSING OFFICER, C. N. HILDRETH, JR., AS A CHARGE UNDER THE APPROPRIATION "COLLECTING THE REVENUE FROM CUSTOMS, 1928.' THE REASON FOR NOT ALLOWING CREDIT FOR THE PAYMENT IS THAT NEITHER THE APPROPRIATION CHARGED NOR ANY OTHER APPROPRIATION IS AVAILABLE FOR THE PAYMENT OF SUCH TORT CLAIMS ARISING FROM DAMAGE TO PRIVATE PROPERTY INCIDENT TO COLLECTING THE REVENUE FROM CUSTOMS OR THE ENFORCEMENT OF THE NATIONAL PROHIBITION ACT.

THEREFORE THE ACTION IS NOT ALLOWING CREDIT FOR THE PAYMENT IS SUSTAINED.