A-3351, AUGUST 26, 1924, 4 COMP. GEN. 210

A-3351: Aug 26, 1924

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APPROPRIATIONS - PROHIBITION ENFORCEMENT - TRAVELING EXPENSES OF LOCAL STATE POLICE TRANSPORTATION OR TRAVELING EXPENSES OF OTHER THAN OFFICERS OR EMPLOYEES OF THE FEDERAL GOVERNMENT ARE NOT GENERALLY CHARGEABLE TO APPROPRIATIONS MADE FOR THE FEDERAL DEPARTMENTS AND ESTABLISHMENTS. MUNICIPALITIES ATTENDING AND ASSISTING FEDERAL PROHIBITION AGENTS IN SERVING SEARCH WARRANTS AND MAKING RAIDS UNDER THE NATIONAL PROHIBITION ACT SHOULD HAVE THEIR MEANS OF TRANSPORTATION PROVIDED BY THEIR RESPECTIVE STATES. WHERE PAYMENT OF SUCH TRANSPORTATION EXPENSES UNDER THE FEDERAL APPROPRIATION FOR ENFORCEMENT OF NATIONAL PROHIBITION IS ABSOLUTELY NECESSARY TO ACCOMPLISH THE PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE NO OBJECTION WILL BE RAISED TO THE PAYMENT OF SUCH EXPENSES FROM FEDERAL FUNDS IF THEY ARE OTHERWISE PROPER.

A-3351, AUGUST 26, 1924, 4 COMP. GEN. 210

APPROPRIATIONS - PROHIBITION ENFORCEMENT - TRAVELING EXPENSES OF LOCAL STATE POLICE TRANSPORTATION OR TRAVELING EXPENSES OF OTHER THAN OFFICERS OR EMPLOYEES OF THE FEDERAL GOVERNMENT ARE NOT GENERALLY CHARGEABLE TO APPROPRIATIONS MADE FOR THE FEDERAL DEPARTMENTS AND ESTABLISHMENTS. POLICE OF THE STATES, COUNTIES, DISTRICTS, AND MUNICIPALITIES ATTENDING AND ASSISTING FEDERAL PROHIBITION AGENTS IN SERVING SEARCH WARRANTS AND MAKING RAIDS UNDER THE NATIONAL PROHIBITION ACT SHOULD HAVE THEIR MEANS OF TRANSPORTATION PROVIDED BY THEIR RESPECTIVE STATES, ETC., AS THE EIGHTEENTH AMENDMENT TO THE CONSTITUTION AUTHORIZED AND CONTEMPLATED CONCURRENT ENFORCEMENT; BUT WHERE PAYMENT OF SUCH TRANSPORTATION EXPENSES UNDER THE FEDERAL APPROPRIATION FOR ENFORCEMENT OF NATIONAL PROHIBITION IS ABSOLUTELY NECESSARY TO ACCOMPLISH THE PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE NO OBJECTION WILL BE RAISED TO THE PAYMENT OF SUCH EXPENSES FROM FEDERAL FUNDS IF THEY ARE OTHERWISE PROPER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF TREASURY, AUGUST 26, 1924:

I HAVE YOUR LETTER OF AUGUST 11, 1924, READING: UNDER DATE OF JUNE 9, 1924, YOU WERE ADVISED THAT FREQUENTLY IT HAPPENS THAT FEDERAL PROHIBITION ENFORCEMENT OFFICERS ARE ACCOMPANIED BY LOCAL POLICE OFFICERS IN SERVING SEARCH WARRANTS IN CASES OF VIOLATIONS OF THE NATIONAL PROHIBITION LAW IN WHICH LOCAL TRANSPORTATION EXPENSES SUCH AS STREET-CAR FARE, ETC., ARE INVOLVED. SOMETIMES THE LOCAL POLICE OFFICERS REFUSE TO BEAR THEIR SHARE OF THESE EXPENSES, IN VIEW OF WHICH YOUR DECISION WAS REQUESTED AS TO WHETHER THE APPROPRIATION FOR "ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS," 42 STAT. 1087, IS AVAILABLE FOR THIS PURPOSE.

IN YOUR REPLY MADE UNDER DATE OF JULY 14, 1924, A-3351, YOU ASSUME THAT BY "LOCAL POLICE OFFICERS" THE POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA IS REFERRED TO, AND YOU HOLD THAT SINCE THE APPROPRIATION FOR "MISCELLANEOUS AND CONTINGENT EXPENSES, METROPOLITAN POLICE, D.C., 1925," ACT OF JUNE 7, 1924, PUBLIC NO. 224, PAGES 23 AND 24, PROVIDES FOR THE PURCHASE OF CAR TICKETS, THAT APPROPRIATION APPEARS AVAILABLE FOR PAYMENT OF STREET-CAR FARES, AND IT WOULD APPEAR THAT EACH CLASS OF OFFICERS SHOULD BEAR THEIR OWN EXPENSES, SUCH EXPENSES TO BE CHARGED UNDER THE APPROPRIATIONS OF EACH, RESPECTIVELY. YOU FURTHER STATE THAT THE APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT IS NOT AVAILABLE FOR EXPENSES INCURRED BY THE LOCAL POLICE (DISTRICT OF COLUMBIA) IN THE ABSENCE OF A SATISFACTORY SHOWING THAT SUCH USE IS ABSOLUTELY NECESSARY TO ACCOMPLISH THE PURPOSES FOR WHICH SAID APPROPRIATION IS MADE.

IN SUBMITTING THE QUESTION TO YOU IT WAS NOT INTENDED THAT IT SHOULD BE RESTRICTED TO POLICE OFFICERS OF THE DISTRICT OF COLUMBIA. IT WAS INTENDED THAT THE QUESTION APPLY TO THE LOCAL POLICE OFFICERS OF ANY AND ALL CITIES WHERE SUCH OFFICERS COOPERATE WITH FEDERAL PROHIBITION OFFICERS IN ATTENDING THEM WHEN SERVING SEARCH WARRANTS AND CONDUCTING RAIDS IN CASES OF VIOLATIONS OF THE NATIONAL PROHIBITION ACT. ACCORDINGLY A FURTHER DECISION IN THE MATTER IS REQUESTED.

THE APPROPRIATION FOR "ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS, 1925," ACT OF APRIL 4, 1924, 43 STAT. 71-72, PROVIDES:

FOR EXPENSES TO ENFORCE THE PROVISIONS OF THE NATIONAL PROHIBITION ACT * * * INCLUDING * * * EXPENDITURES AS MAY BE NECESSARY IN THE DISTRICT OF COLUMBIA AND THE SEVERAL FIELD OFFICES. * * *

SECTION 3, TITLE II, OF THE NATIONAL PROHIBITION ACT OF OCTOBER 28, 1919, 41 STAT. 308, PROVIDES:

NO PERSON SHALL ON OR AFTER THE DATE WHEN THE EIGHTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES GOES INTO EFFECT, MANUFACTURE, SELL, BARTER, TRANSPORT, IMPORT, EXPORT, DELIVER, FURNISH OR POSSESS ANY INTOXICATING LIQUOR EXCEPT AS AUTHORIZED IN THIS ACT, AND ALL THE PROVISIONS OF THIS ACT SHALL BE LIBERALLY CONSTRUED TO THE END THAT THE USE OF INTOXICATING LIQUOR AS A BEVERAGE MAY BE PREVENTED.

IN THE DECISION OF JULY 14, 1924, REFERRED TO ABOVE, IT WAS SAID:

IT IS UNDERSTOOD THAT THE SEARCH WARRANTS HERE IN QUESTION ARE ACTUALLY SERVED BY THE FEDERAL PROHIBITION ENFORCEMENT OFFICERS, 1 COMP. GEN. 183; AND THAT THE ASSISTANCE RENDERED BY THE POLICE OFFICERS OF THE DISTRICT OF COLUMBIA IS PURSUANT TO A COOPERATIVE ARRANGEMENT BETWEEN THE FEDERAL AUTHORITIES AND THE AUTHORITIES OF THE DISTRICT OF COLUMBIA WHEREBY EACH CONTRIBUTES A SHARE OF ENFORCEMENT EXPENSES, THE DISTRICT OF COLUMBIA ASSIGNING ITS POLICE TO AID THE ENFORCEMENT OFFICERS, AND BEARING OTHER EXPENSES.

IT IS NOT GENERALLY AUTHORIZED TO CHARGE THE TRANSPORTATION OR TRAVELING EXPENSES OF OTHER THAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT UNDER APPROPRIATIONS MADE FOR THE FEDERAL DEPARTMENTS AND ESTABLISHMENTS, AND IT WOULD APPEAR, SINCE THE EIGHTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES AUTHORIZES AND CONTEMPLATES CONCURRENT ENFORCEMENT, THAT THE STATES AND THE COUNTIES, DISTRICTS, AND MUNICIPALITIES THEREOF, COOPERATING WITH THE FEDERAL ENFORCEMENT AGENCIES, SHOULD PROVIDE THEIR OFFICERS WITH THE MEANS OF ACCOMPLISHING THEIR TRANSPORTATION. HOWEVER, IF PAYMENT OF SUCH TRANSPORTATION EXPENSES UNDER THE APPROPRIATION FOR ENFORCEMENT OF NATIONAL PROHIBITION IS ABSOLUTELY NECESSARY TO ACCOMPLISH THE PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE, AND IF THAT IS CLEARLY MADE TO APPEAR IN CONNECTION WITH THE VOUCHERS, TC., SUPPORTING SUCH PAYMENTS AS ARE MADE, NO OBJECTION WILL BE RAISED TO SUCH PAYMENTS IF THEY ARE OTHERWISE PROPER.