A-4942, OCTOBER 7, 1924, 4 COMP. GEN. 365

A-4942: Oct 7, 1924

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THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF AN AMOUNT IN EXCESS OF $100 TO COVER THE BURIAL EXPENSES OF A FIELD EMPLOYEE OF THE RECLAMATION SERVICE KILLED BY ACCIDENT DUE TO HIS EMPLOYMENT. 1924: I HAVE YOUR LETTER OF AUGUST 30. T. TUCKER IS AUTHORIZED TO BE MADE FROM THE RECLAMATION FUND. WAS KILLED BY ACCIDENT DUE TO HIS EMPLOYMENT. THE VOUCHER IN QUESTION IS FOR $231.70 AS COVERING THE FUNERAL EXPENSES OF SULLIVAN. IT IS CERTIFIED THAT SULLIVAN'S RELATIVES WERE WITHOUT FUNDS TO DEFRAY THE FUNERAL EXPENSES. THAT THE COUNTY OFFICIALS REFUSED TO BURY THE REMAINS AND THAT BURIAL BY THE GOVERNMENT WAS NECESSARY AS A SANITARY MEASURE. WAS EXPRESSLY AUTHORIZED TO BE PERMANENTLY APPROPRIATED FOR THE PAYMENTS PROVIDED FOR IN THE ACT.

A-4942, OCTOBER 7, 1924, 4 COMP. GEN. 365

BURIAL EXPENSES - RECLAMATION SERVICE EMPLOYEE AS THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7, 1916, 39 STAT. 745, PROVIDES FOR THE PAYMENT FROM PUBLIC FUNDS OF NOT TO EXCEED $100 FOR THE EXPENSES OF BURIAL OF CERTAIN EMPLOYEES DYING AS THE RESULT OF INJURIES INCURRED IN THEIR EMPLOYMENT, THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF AN AMOUNT IN EXCESS OF $100 TO COVER THE BURIAL EXPENSES OF A FIELD EMPLOYEE OF THE RECLAMATION SERVICE KILLED BY ACCIDENT DUE TO HIS EMPLOYMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, OCTOBER 7, 1924:

I HAVE YOUR LETTER OF AUGUST 30, 1924, REQUESTING DECISION WHETHER PAYMENT OF A VOUCHER IN FAVOR OF W. T. TUCKER IS AUTHORIZED TO BE MADE FROM THE RECLAMATION FUND.

IT APPEARS THAT JERRY SULLIVAN, AM EMPLOYEE OF THE FIELD FORCE OF THE BUREAU OF RECLAMATION, WAS KILLED BY ACCIDENT DUE TO HIS EMPLOYMENT. THE VOUCHER IN QUESTION IS FOR $231.70 AS COVERING THE FUNERAL EXPENSES OF SULLIVAN. IT IS CERTIFIED THAT SULLIVAN'S RELATIVES WERE WITHOUT FUNDS TO DEFRAY THE FUNERAL EXPENSES, THAT THE COUNTY OFFICIALS REFUSED TO BURY THE REMAINS AND THAT BURIAL BY THE GOVERNMENT WAS NECESSARY AS A SANITARY MEASURE.

THE ACT OF SEPTEMBER 7, 1916, 39 STAT. 742, PROVIDES COMPENSATION AND OTHER BENEFITS FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES. SECTION 11 OF THE ACT, PAGE 745, PROVIDES:

THAT IF DEATH RESULTS FROM THE INJURY WITHIN SIX YEARS THE UNITED STATES SHALL PAY TO THE PERSONAL REPRESENTATIVE OF THE DECEASED EMPLOYEE BURIAL EXPENSES NOT TO EXCEED $100, IN THE DISCRETION OF THE COMMISSION * * *

SECTION 40 OF THE ACT, PAGE 750, PROVIDES:

THAT WHEREVER USED IN THIS ACT---

THE TERM "EMPLOYEE" INCLUDES ALL CIVIL EMPLOYEES OF THE UNITED STATES * *

THE ACT MAKES AN APPROPRIATION OF $500,000 TO BE SET ASIDE AS A SEPARATE FUND IN THE TREASURY TO BE KNOWN AS THE EMPLOYEES' COMPENSATION FUND. THE CONGRESS HAS FROM TIME TO TIME APPROPRIATED OTHER SUMS TO BE ADDED TO THE FUND THUS CREATED. THIS FUND, INCLUDING ALL ADDITIONS MADE THERETO, WAS EXPRESSLY AUTHORIZED TO BE PERMANENTLY APPROPRIATED FOR THE PAYMENTS PROVIDED FOR IN THE ACT, INCLUDING BURIAL EXPENSES.

THE RULE IS WELL SETTLED THAT WHEN AN APPROPRIATION IS MADE FOR A SPECIFIC PURPOSE, IT IS EXCLUSIVE FOR THAT PURPOSE. SEE 1 COMP. GEN. 372.

THE ACT OF MAY 30, 1908, 35 STAT. 556, PROVIDED RELIEF FOR PERSONAL INJURIES FOR CERTAIN CLASSES OF EMPLOYEES OF THE UNITED STATES, INCLUDING THOSE IN HAZARDOUS EMPLOYMENT UNDER THE ISTHMIAN CANAL COMMISSION. IT WAS HELD BY THE COMPTROLLER OF THE TREASURY, 15 COMP. DEC. 115, THAT THE PROVISIONS OF THE ACT OF MAY 30, 1908, WERE EXCLUSIVE AND THAT THE COMMISSION HAD NO POWER EITHER BY PAST OR PRESENT REGULATIONS TO GRANT RELIEF OTHER THAN OR DIFFERENT FROM THAT PROVIDED BY THE STATUTE IN THE CASE OF INJURIES TO EMPLOYEES OF THE CLASS TO WHICH THE STATUTE APPLIED.

ON THE FACTS SHOWN IT WOULD APPEAR THERE WAS NO AUTHORITY TO INCUR BURIAL EXPENSES IN THIS CASE IN EXCESS OF THE $100 PROVIDED BY LAW FOR THE PURPOSE AND YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER UNDER CONSIDERATION IS NOT AUTHORIZED.