A-37307, JUNE 26, 1931, 10 COMP. GEN. 561

A-37307: Jun 26, 1931

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THE USE OF THE APPROPRIATION "EDUCATION OF NATIVES IN ALASKA" FOR THE PROCUREMENT OF SUCH EQUIPMENT IS PRECLUDED BY SECTION 6 OF THE ACT OF AUGUST 23. YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT ANY PORTION OF THE ALLOTMENT FOR EQUIPMENT AND SUPPLIES MAY BE USED FOR THE PURCHASE OF FURNITURE. THE ALASKA DIVISION OF THE OFFICE OF EDUCATION WAS TRANSFERRED TO THE OFFICE OF INDIAN AFFAIRS EFFECTIVE MARCH 16. NO FUNDS WERE TRANSFERRED TO COVER THE PURCHASE OF FURNITURE AND EQUIPMENT FOR USE OF THE ALASKA DIVISION IN WASHINGTON. THE FUNDS AVAILABLE FOR THE USE OF THE INDIAN OFFICE IN WASHINGTON FOR THE PURCHASE OF FURNITURE AND EQUIPMENT ARE INSUFFICIENT TO MEET THE DEMANDS FROM OTHER DIVISIONS OF THE OFFICE OF INDIAN AFFAIRS IN WASHINGTON.

A-37307, JUNE 26, 1931, 10 COMP. GEN. 561

APPROPRIATIONS - CONTINGENT THE APPROPRIATION FOR "CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR," BEING EXPRESSLY AVAILABLE FOR FURNITURE, ADDING MACHINES, TYPEWRITERS, ETC., FOR THE BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR, THE USE OF THE APPROPRIATION "EDUCATION OF NATIVES IN ALASKA" FOR THE PROCUREMENT OF SUCH EQUIPMENT IS PRECLUDED BY SECTION 6 OF THE ACT OF AUGUST 23, 1912, 37 STAT. 414. THE EXPRESS PROVISION IN THE LATTER APPROPRIATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA DOES NOT AUTHORIZE THE USE OF THE APPROPRIATION FOR EQUIPMENT FOR THE USE OF SUCH EMPLOYEES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JUNE 26, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 22, 1931, AS FOLLOWS:

THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1932, CARRIES AN APPROPRIATION UNDER THE OFFICE OF INDIAN AFFAIRS FOR EDUCATION OF NATIVES OF ALASKA IN THE AMOUNT OF $799,000.00. THIS TOTAL INCLUDES $170,000 FOR EQUIPMENT, SUPPLIES, FUEL, AND LIGHT; AND $10,000.00 FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT ANY PORTION OF THE ALLOTMENT FOR EQUIPMENT AND SUPPLIES MAY BE USED FOR THE PURCHASE OF FURNITURE, ADDING MACHINE, TYPEWRITER, ETC., FOR THE USE OF EMPLOYEES IN THE DISTRICT OF COLUMBIA.

THE ALASKA DIVISION OF THE OFFICE OF EDUCATION WAS TRANSFERRED TO THE OFFICE OF INDIAN AFFAIRS EFFECTIVE MARCH 16, 1931, BUT NO FUNDS WERE TRANSFERRED TO COVER THE PURCHASE OF FURNITURE AND EQUIPMENT FOR USE OF THE ALASKA DIVISION IN WASHINGTON, D.C., ALTHOUGH THE APPROPRIATION FOR 1932 AUTHORIZES AN ADDITIONAL EMPLOYEE. THE FUNDS AVAILABLE FOR THE USE OF THE INDIAN OFFICE IN WASHINGTON FOR THE PURCHASE OF FURNITURE AND EQUIPMENT ARE INSUFFICIENT TO MEET THE DEMANDS FROM OTHER DIVISIONS OF THE OFFICE OF INDIAN AFFAIRS IN WASHINGTON, AND IT IS DESIRED, IF PERMISSIBLE, TO USE SUFFICIENT FUNDS FROM THE APPROPRIATION "EDUCATION OF NATIVES OF ALASKA" TO PURCHASE A FEW ITEMS FOR THE USE OF THE ALASKA DIVISION, SUCH AS AN ADDING MACHINE, FILING EQUIPMENT, ETC.

YOUR EARLY DECISION WITH REGARD TO THIS MATTER WILL BE APPRECIATED.

THE APPROPRIATION "EDUCATION OF NATIVES IN ALASKA, 1932," ACT OF FEBRUARY 14, 1931, 46 STAT. 1134, PROVIDES AS FOLLOWS:

NATIVES IN ALASKA: TO ENABLE THE SECRETARY OF THE INTERIOR, IN HIS DISCRETION AND UNDER HIS DIRECTION, TO PROVIDE FOR SUPPORT AND EDUCATION OF THE ESKIMOS, ALEUTS, INDIANS, AND OTHER NATIVES OF ALASKA, INCLUDING NECESSARY TRAVELING EXPENSES OF PUPILS TO AND FROM INDUSTRIAL BOARDING SCHOOLS IN ALASKA; ERECTION, PURCHASE, REPAIR, AND RENTAL OF SCHOOL BUILDINGS; TEXTBOOKS AND INDUSTRIAL APPARATUS; PAY AND NECESSARY TRAVELING EXPENSES OF SUPERINTENDENTS, TEACHERS, PHYSICIANS, AND OTHER EMPLOYEES; REPAIR, EQUIPMENT, MAINTENANCE, AND OPERATION OF THE UNITED STATES SHIP BOXER; AND ALL OTHER NECESSARY MISCELLANEOUS EXPENSES WHICH ARE NOT INCLUDED UNDER THE ABOVE SPECIAL HEADS, INCLUDING $350,000 FOR SALARIES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, $24,000 FOR TRAVELING EXPENSES, $170,000 FOR EQUIPMENT, SUPPLIES, FUEL, AND LIGHT, $25,000 FOR REPAIRS OF BUILDINGS, $146,000 FOR PURCHASE OR ERECTION OF BUILDINGS, $76,000 FOR FREIGHT, INCLUDING OPERATION OF UNITED STATES SHIP BOXER, $4,500 FOR EQUIPMENT AND REPAIRS TO UNITED STATES SHIP BOXER, $1,500 FOR RENTALS, AND $2,000 FOR TELEPHONE AND TELEGRAPH; TOTAL $799,000, TO BE IMMEDIATELY AVAILABLE: PROVIDED, THAT NOT TO EXCEED 10 PERCENTUM OF THE AMOUNTS APPROPRIATED FOR THE VARIOUS ITEMS IN THIS PARAGRAPH SHALL BE AVAILABLE INTERCHANGEABLY FOR EXPENDITURES ON THE OBJECTS INCLUDED IN THIS PARAGRAPH, BUT NO MORE THAN 10 PERCENTUM SHALL BE ADDED TO ANY ONE ITEM OF APPROPRIATION EXCEPT IN CASES OF EXTRAORDINARY EMERGENCY AND THEN ONLY UPON THE WRITTEN ORDER OF THE SECRETARY OF THE INTERIOR: PROVIDED FURTHER, THAT OF SAID SUM NOT EXCEEDING $10,000 MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

IN THE SAME APPROPRIATION ACT, HOWEVER, UNDER THE APPROPRIATION FOR "CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR," 46 STAT. 1116, THERE APPEARS THE FOLLOWING PROVISION:

FOR CONTINGENT EXPENSES OF THE OFFICE OF THE SECRETARY AND THE BUREAUS AND OFFICES OF THE DEPARTMENT; FURNITURE, CARPETS, ICE, LUMBER, HARDWARE, DRY GOODS, ADVERTISING, TELEGRAPHING, TELEPHONE SERVICE, INCLUDING PERSONAL SERVICES OF TEMPORARY OR EMERGENCY TELEPHONE OPERATORS; STREET- CAR FARES FOR USE OF MESSENGERS NOT EXCEEDING $150; EXPRESSAGE, DIAGRAMS, AWNINGS, FILING DEVICES, TYPEWRITERS, ADDING AND ADDRESSING MACHINES AND OTHER LABOR-SAVING DEVICES, INCLUDING THE REPAIR, EXCHANGE, AND MAINTENANCE THEREOF. * * *

IN VIEW OF THE EXPRESS PROVISIONS IN THE CONTINGENT EXPENSE APPROPRIATION, SUPRA, AND THE PROVISION IN SECTION 6 OF THE ACT OF AUGUST 23, 1912, 37 STAT. 414, WHICH READS "AND HEREAFTER THERE SHALL NOT BE PURCHASED OUT OF ANY OTHER FUND ANY ARTICLE FOR USE IN ANY OFFICE OR BUREAU OF ANY EXECUTIVE DEPARTMENT IN WASHINGTON, DISTRICT OF COLUMBIA, WHICH COULD BE PURCHASED OUT OF THE APPROPRIATIONS MADE FOR THE REGULAR CONTINGENT FUNDS OF SUCH DEPARTMENT OR OF ITS OFFICES OR BUREAUS" IT MUST BE HELD THAT THE APPROPRIATION FOR EDUCATION OF NATIVES IN ALASKA, 1932, MAY NOT BE USED FOR FURNITURE, ADDING MACHINES, FILING EQUIPMENT, OR OTHER EQUIPMENT SPECIFICALLY PROVIDED FOR IN THE CONTINGENT EXPENSE APPROPRIATION IF SUCH EQUIPMENT IS FOR USE IN THE DISTRICT OF COLUMBIA.

THE SPECIFIC PROVISION IN THE APPROPRIATION OF $10,000 FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA WAS EVIDENTLY INSERTED TO MEET THE PROHIBITION IN THE ACT OF AUGUST 5, 1882, 22 STAT. 255, AGAINST EMPLOYMENT OF PERSONAL SERVICES AT THE SEAT OF GOVERNMENT UNLESS SPECIFICALLY APPROPRIATED FOR, AND WOULD NOT AUTHORIZE THE USE OF ANY PORTION OF THAT ALLOTMENT FOR EQUIPMENT FOR THE USE OF SUCH EMPLOYEES.