A-4391, SEPTEMBER 5, 1924, 4 COMP. GEN. 270

A-4391: Sep 5, 1924

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AGAINST THE "PURCHASE OF MOTOR-PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLES FOR THE ARMY" IS NOT APPLICABLE TO THE PURCHASE OF A CHASSIS CONSTITUTING A PART OF MOTOR SEARCHLIGHT UNITS. THE PRIMARY FUNCTION OF WHICH IS TO GENERATE POWER FOR THE OPERATION OF SEARCHLIGHTS AT SEACOAST DEFENSES. 1924: I HAVE YOUR LETTER OF JULY 28. ARE AVAILABLE FOR THE PURCHASE OF A CADILLAC CHASSIS TO BE USED AS POWER UNITS AND ONLY INCIDENTALLY FOR TRANSPORTATION PURPOSES IN THE OPERATION OF MOBILE SEARCHLIGHT UNITS" OR WHETHER SUCH PURCHASE IS PROHIBITED BY THE PROVISION OF THE SAME ACT AGAINST THE PURCHASE OF MOTOR- PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLES. THE PARTICULAR APPROPRIATION ITEMS ARE AS FOLLOWS: FOR THE INSTALLATION AND REPLACEMENT OF ELECTRIC LIGHT AND POWER PLANTS AND THE PURCHASE AND INSTALLATION OF SEARCHLIGHTS AT THE SEACOAST FORTIFICATIONS OF THE HAWAIIAN ISLANDS.

A-4391, SEPTEMBER 5, 1924, 4 COMP. GEN. 270

VEHICLES, PASSENGER-CARRYING - PURCHASE OF CHASSIS THE PROHIBITION CONTAINED IN THE ACT OF JUNE 7, 1924, 43 STAT. 487, AGAINST THE "PURCHASE OF MOTOR-PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLES FOR THE ARMY" IS NOT APPLICABLE TO THE PURCHASE OF A CHASSIS CONSTITUTING A PART OF MOTOR SEARCHLIGHT UNITS, THE PRIMARY FUNCTION OF WHICH IS TO GENERATE POWER FOR THE OPERATION OF SEARCHLIGHTS AT SEACOAST DEFENSES, THE CARRYING OR DRAWING OF THE UNIT BEING ONLY INCIDENT THERETO.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 5, 1924:

I HAVE YOUR LETTER OF JULY 28, 1924, REQUESTING DECISION WHETHER THE APPROPRIATION,"SEACOAST DEFENSES, INSULAR POSSESSIONS," AND "SEACOAST DEFENSES, PANAMA CANAL," APPEARING IN THE ACT OF JUNE 7, 1924, 43 STAT. 496, PROVIDING APPROPRIATIONS FOR THE WAR DEPARTMENT FOR THE FISCAL YEAR 1925, ARE AVAILABLE FOR THE PURCHASE OF A CADILLAC CHASSIS TO BE USED AS POWER UNITS AND ONLY INCIDENTALLY FOR TRANSPORTATION PURPOSES IN THE OPERATION OF MOBILE SEARCHLIGHT UNITS" OR WHETHER SUCH PURCHASE IS PROHIBITED BY THE PROVISION OF THE SAME ACT AGAINST THE PURCHASE OF MOTOR- PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLES.

THE PARTICULAR APPROPRIATION ITEMS ARE AS FOLLOWS:

FOR THE INSTALLATION AND REPLACEMENT OF ELECTRIC LIGHT AND POWER PLANTS AND THE PURCHASE AND INSTALLATION OF SEARCHLIGHTS AT THE SEACOAST FORTIFICATIONS OF THE HAWAIIAN ISLANDS, $11,000.

FOR THE INSTALLATION AND REPLACEMENT OF ELECTRIC LIGHT AND POWER PLANTS, AND THE PURCHASE AND INSTALLATION OF SEARCHLIGHTS FOR THE SEACOAST FORTIFICATIONS ON THE CANAL ZONE, $50,000.

THE SAME ACT, 43 STAT. 487, PROVIDES AS FOLLOWS:

NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE UNDER THIS ACT OR ANY OF THE UNEXPENDED BALANCES OF ANY OTHER ACT SHALL BE USED FOR THE PURCHASE OF MOTOR-PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLES FOR THE ARMY EXCEPT THOSE THAT ARE PURCHASED SOLELY FOR EXPERIMENTAL PURPOSES, AND EXCEPT ONE AUTOMOBILE FOR THE OFFICIAL USE OF THE SECRETARY OF WAR, AND WITH THE FURTHER EXCEPTION THAT NOT TO EXCEED $50,000 MAY BE USED AS PART PAYMENT IN EXCHANGE OF MOTOR-PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLES.

FROM THE PAPERS SUBMITTED IT APPEARS THAT THE CHASSIS TO BE PURCHASED FROM THESE APPROPRIATIONS CONSTITUTE A PART OF MOBILE SEARCHLIGHT UNITS FOR WHICH THE GREATER PART OF THE APPROPRIATIONS WERE INTENDED. THE CHASSIS EITHER DRAW OR CARRY THE REMAINDER OF THE UNIT AND ARE DESIGNED TO ALSO GENERATE THE POWER FOR THE OPERATION OF THE SEARCHLIGHT. THE PROHIBITION IS AGAINST ,PURCHASE OF MOTOR-PROPELLED PASSENGER OR FREIGHT CARRYING VEHICLE.' THE PRIMARY FUNCTION OF THESE CHASSIS, IT IS UNDERSTOOD, IS THE GENERATING OF POWER FOR THE SEARCHLIGHT, AND THE TRANSPORTATION OF THE UNIT IS MERELY INCIDENT THERETO.

ACCORDINGLY YOU ARE ADVISED THAT THE PURCHASE OF THE CHASSIS IN QUESTION IS NOT PROHIBITED AS A PURCHASE OF PASSENGER OR FREIGHT CARRYING VEHICLES.