A-5490, NOVEMBER 17, 1924, 4 COMP. GEN. 457

A-5490: Nov 17, 1924

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IN WHICH CREDIT WAS DISALLOWED FOR ITEMS OF $36 AND $20 IN THE ACCOUNT OF J. THE ITEM OF $36 WAS A PAYMENT FROM THE APPROPRIATION "INVESTIGATING MINE ACCIDENTS. THE ITEM OF $20 WAS A PAYMENT MADE FROM THE APPROPRIATION "MINERAL MINING INVESTIGATIONS. IN THE VARIOUS MINERAL INDUSTRIES AND TO DISSEMINATE INFORMATION CONCERNING THE SUBJECTS INVESTIGATED IN SUCH MANNER AS WILL BEST CARRY OUT THE PURPOSES OF THE ACT. THE APPROPRIATIONS FROM WHICH THE DISALLOWED PAYMENTS WERE MADE WERE FOR PURPOSES SET OUT IN THE ACT ESTABLISHING THE BUREAU OF MINES. THE PURPOSES OF THE APPROPRIATIONS ARE SUCH THAT THE DISSEMINATION OF CERTAIN INFORMATION WOULD BE REGARDED AS PROPERLY WITHIN THE SCOPE THEREOF.

A-5490, NOVEMBER 17, 1924, 4 COMP. GEN. 457

PURCHASES, SIGNS AND PICTURES - BUREAU OF MINES SIGNS AND PICTURES USED IN EXHIBITS BY THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR, IN FIRST-AID CONTESTS AND IN EXHIBITS DEPICTING THE VARIOUS PHASES OF THE MINING INDUSTRY, WHEN ADMINISTRATIVELY DETERMINED BY THE SECRETARY OF THE INTERIOR TO BE NECESSARY FOR THE DISSEMINATION OF INFORMATION CONCERNING THE SUBJECTS INVESTIGATED IN CARRYING OUT THE PURPOSES OF THE ACT OF FEBRUARY 25, 1913, 37 STAT. 681, ESTABLISHING THE BUREAU OF MINES AND THE APPROPRIATIONS IN FURTHERANCE THEREOF, MAY BE PAID FOR FROM APPROPRIATIONS OF THE BUREAU "INVESTIGATING MINE ACCIDENTS, 1924," AND "MINERAL MINING INVESTIGATIONS, BUREAU OF MINES, 1924.'

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 17, 1924:

THE SECRETARY OF THE INTERIOR APPLIED SEPTEMBER 29, 1924, FOR REVIEW OF SETTLEMENT C-12730-I, DATED JULY 11, 1924, IN WHICH CREDIT WAS DISALLOWED FOR ITEMS OF $36 AND $20 IN THE ACCOUNT OF J. B. CALLAHAN, CHIEF DISBURSING CLERK OF THE INTERIOR DEPARTMENT.

THE ITEM OF $36 WAS A PAYMENT FROM THE APPROPRIATION "INVESTIGATING MINE ACCIDENTS, 1924," FOR SIGNS AND PICTURES USED AT AN EXHIBIT HELD IN CONNECTION WITH A FIRST-AID CONTEST, AND THE ITEM OF $20 WAS A PAYMENT MADE FROM THE APPROPRIATION "MINERAL MINING INVESTIGATIONS, BUREAU OF MINES, 1924," FOR A SIGN USED IN AN EXHIBIT HELD BY THE BUREAU OF MINES IN THE INTERIOR BUILDING IN WASHINGTON TO SHOW VARIOUS PHASES OF THE MINING INDUSTRY.

THE ACT OF FEBRUARY 25, 1913, 37 STAT. 681, ESTABLISHED THE BUREAU OF MINES IN THE INTERIOR DEPARTMENT AND PROVIDED THAT IT SHOULD, SUBJECT TO THE APPROVAL OF THE SECRETARY OF THE INTERIOR, CONDUCT INVESTIGATIONS CONCERNING MINING WITH A VIEW TO IMPROVING HEALTH CONDITIONS AND INCREASING SAFETY, EFFICIENCY, ETC., IN THE VARIOUS MINERAL INDUSTRIES AND TO DISSEMINATE INFORMATION CONCERNING THE SUBJECTS INVESTIGATED IN SUCH MANNER AS WILL BEST CARRY OUT THE PURPOSES OF THE ACT.

THE APPROPRIATIONS FROM WHICH THE DISALLOWED PAYMENTS WERE MADE WERE FOR PURPOSES SET OUT IN THE ACT ESTABLISHING THE BUREAU OF MINES, AND WHILE SAID APPROPRIATIONS DO NOT SPECIFICALLY PROVIDE FOR THE DISSEMINATION OF INFORMATION, THE PURPOSES OF THE APPROPRIATIONS ARE SUCH THAT THE DISSEMINATION OF CERTAIN INFORMATION WOULD BE REGARDED AS PROPERLY WITHIN THE SCOPE THEREOF. THE APPROPRIATION FOR INVESTIGATING MINE ACCIDENTS, FROM WHICH THE FIRST-AID EXHIBIT SIGNS AND PICTURES WERE PURCHASED, SPECIFICALLY RECOGNIZES FIRST-AID CONTESTS BY INCLUDING NOT TO EXCEED $1,000 FOR THE PURCHASE OF TROPHIES IN CONNECTION WITH SUCH CONTESTS, AND THE EXPENDITURE FROM THE APPROPRIATION FOR MINERAL MINING INVESTIGATIONS WAS FOR A SIGN USED IN CONNECTION WITH AN EXHIBIT HELD AT THE DIRECTION OF THE SECRETARY OF THE INTERIOR.

THE PURCHASES IN QUESTION WERE NOT IN CONTRAVENTION OF ANY STATUTE AND IT APPEARS TO HAVE BEEN ADMINISTRATIVELY DETERMINED THAT THEY WERE NECESSARY FOR THE DISSEMINATION OF INFORMATION CONCERNING SUBJECTS INVESTIGATED IN CARRYING OUT THE PURPOSES OF THE ACT OF FEBRUARY 25, 1913, AND THE APPROPRIATIONS INVOLVED. THEREFORE, WHILE IT IS NOT APPARENT FROM THE DESCRIPTION OF THE SIGNS, ETC., AND THE STATEMENT OF THE USE MADE OF THEM THAT THEY WERE NECESSARY TO THE ACCOMPLISHMENT OF THE PURPOSES OF THE APPROPRIATIONS, IN THE LIGHT OF THE SECRETARY'S EXPLANATIONS THERE APPEARS TO BE SUFFICIENT RELATION BETWEEN THE APPROPRIATIONS AND THE PURPOSES FOR WHICH THE SIGNS, ETC., WERE USED TO JUSTIFY ACCEPTING THE ADMINISTRATIVE FINDINGS IN THE MATTER.

UPON REVIEW A DIFFERENCE OF $56 IS CERTIFIED FOR CREDIT IN THE DISBURSING CLERK'S ACCOUNTS.