A-57906, OCTOBER 9, 1935, 15 COMP. GEN. 284

A-57906: Oct 9, 1935

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" ARE NOT AVAILABLE FOR PAYMENT OF A MEMBERSHIP FEE IN A LIVESTOCK ASSOCIATION. NOTWITHSTANDING SAID MEMBERSHIP IS TO BE CARRIED IN THE NAME OF THE INDIAN SERVICE. 5 COMP. - SYMBOL 4 3-0-4/5 513) WITH WHICH REGISTERED CATTLE HAVE BEEN PURCHASED IN THE DESIGNATED DROUTH AREAS FOR DISTRIBUTION AMONG INDIANS. THE PLAN UNDER WHICH THESE CATTLE ARE BEING DISTRIBUTED WAS OUTLINED IN MY LETTER OF OCTOBER 12. IS NOT PRACTICABLE TO KEEP UP PAPERS ON ALL THE ANIMALS. IT IS FELT THAT PAPERS SHOULD BE KEPT UP ON PART OF THEM. IS ENCLOSED. THESE WILL BE FOUND SELF- EXPLANATORY. FUNDS ARE AVAILABLE WHICH WERE APPROPRIATED FOR THE PURPOSE OF DEVELOPING AGRICULTURE AND STOCK RAISING AMONG INDIANS * * * ("AGRICULTURE AND STOCK RAISING AMONG INDIANS.

A-57906, OCTOBER 9, 1935, 15 COMP. GEN. 284

INDIAN SERVICE - MEMBERSHIP FEE IN LIVESTOCK ASSOCIATION FUNDS APPROPRIATED BY THE ACT OF MARCH 2, 1934, 48 STAT. 362,"FOR THE PURPOSE OF DEVELOPING AGRICULTURE AND STOCK RAISING AMONG THE INDIANS," ARE NOT AVAILABLE FOR PAYMENT OF A MEMBERSHIP FEE IN A LIVESTOCK ASSOCIATION, NOTWITHSTANDING SAID MEMBERSHIP IS TO BE CARRIED IN THE NAME OF THE INDIAN SERVICE. 5 COMP. GEN. 645, AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, OCTOBER 9, 1935:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 22, 1935, WITH INCLOSURES, AS FOLLOWS:

UNDER DATE OF OCTOBER 15, 1934, YOU COUNTERSIGNED A TREASURY WARRANT FOR $800,000 (LOANS AND RELIEF IN STRICKEN AGRICULTURAL AREAS--- TRANSFER FROM AGRICULTURE TO INTERIOR, INDIANS--- 1934-35--- SYMBOL 4 3-0-4/5 513) WITH WHICH REGISTERED CATTLE HAVE BEEN PURCHASED IN THE DESIGNATED DROUTH AREAS FOR DISTRIBUTION AMONG INDIANS. THE PLAN UNDER WHICH THESE CATTLE ARE BEING DISTRIBUTED WAS OUTLINED IN MY LETTER OF OCTOBER 12, 1934.

THE PROBLEM HAS NOW ARISEN OF KEEPING UP THE REGISTRATION PAPERS ON THESE ANIMALS WHILE TITLE TO THEM REMAINS IN THE NAME OF THE INDIAN SERVICE. IS NOT PRACTICABLE TO KEEP UP PAPERS ON ALL THE ANIMALS, BUT IT IS FELT THAT PAPERS SHOULD BE KEPT UP ON PART OF THEM. COPY OF A LETTER FROM THE AMERICAN HEREFORD ASSOCIATION, DATED APRIL 3, IS ENCLOSED, TOGETHER WITH A COPY OF A BOOK OF RULES GOVERNING REGISTRATION AND TRANSFERS IN THE AMERICAN HEREFORD CATTLE BREEDERS' ASSOCIATION. THESE WILL BE FOUND SELF- EXPLANATORY.

FUNDS ARE AVAILABLE WHICH WERE APPROPRIATED FOR THE PURPOSE OF DEVELOPING AGRICULTURE AND STOCK RAISING AMONG INDIANS * * * ("AGRICULTURE AND STOCK RAISING AMONG INDIANS, 1935," SYMBOL NO. 45736, ACT OF MARCH 2, 1934, 48 STAT. 368). IT IS PROPOSED TO PURCHASE FROM THIS FUND A SHARE OF STOCK AT $50.00 IN THE AMERICAN HEREFORD CATTLE BREEDERS' ASSOCIATION. WILL YOU PLEASE ADVISE WHETHER THIS APPROPRIATION IS APPLICABLE FOR THIS PURPOSE?

THE COPY OF THE LETTER FROM THE AMERICAN HEREFORD ASSOCIATION OF APRIL 3, 1935, IS AS FOLLOWS:

MR. BRISTOL, OF YOUR DEPARTMENT, WAS IN TO SEE ME TODAY REGARDING THE FUTURE HANDLING OF THE CERTIFICATES OF REGISTRATION FOR THE HEREFORD CATTLE WHICH HAVE BEEN PURCHASED BY YOUR DEPARTMENT.

MY SUGGESTION TO MR. BRISTOL WAS THAT WE SHOULD TREAT ALL THESE CATTLE AT THE PRESENT TIME AS OWNED BY THE INDIAN SERVICE AND THAT ANY REGISTRATIONS MADE FROM ANY RESERVATION WHILE THE CATTLE STILL STAND UNDER THAT OWNERSHIP WOULD BE MADE AT MEMBERSHIP RATES, PROVIDED YOU TAKE OUT ONE SHARE OF STOCK IN THE AMERICAN HEREFORD ASSOCIATION, THE COST OF WHICH IS $50.00.

IF AT SOME FUTURE DATE ANY OF THESE INDIVIDUAL CATTLE ARE TRANSFERRED TO INDIVIDUAL OWNERSHIPS, THEN WE WOULD TREAT THEM AS A NEW OWNER, AND IF THEY WISH TO RECORD THE PROGENY OF ANY OF THESE ANIMALS THEY WOULD BE CHARGED NONMEMBERSHIP RATES, EXCEPT IN CASES WHERE THEY MIGHT SEE FIT TO TAKE OUT INDIVIDUAL MEMBERSHIPS IN THE ASSOCIATION.

AS LONG AS THE CATTLE REMAIN ON OUR RECORDS AS THEY ARE AT PRESENT, IN THE NAME OF THE INDIAN SERVICE, NO MATTER FROM WHAT RESERVATION THE APPLICATION FOR REGISTRATION MIGHT COME, IT WOULD BE ACCEPTED AT MEMBERSHIP RATES FOR RECORDING AT $1.00 PER HEAD FOR CALVES UNDER SIX MONTHS OF AGE.

I AM ENCLOSING YOU A BOOK OF OUR RULES GOVERNING REGISTRATIONS AND TRANSFERS, AND TRUST THAT THIS ARRANGEMENT WILL MEET WITH YOUR APPROVAL.

THE BOOK OF RULES MENTIONED SETS FORTH THE PRICE OF MEMBERSHIP IN THE ASSOCIATION AT $50, WITH THE PROVISION THAT REGISTRATION FEES TO MEMBERS ARE $1 EACH ON CALVES LESS THAN 6 MONTHS OLD AND $5 EACH ON CALVES BETWEEN 6 AND 12 MONTHS OLD, CALVES MORE THAN 12 MONTHS OLD NOT BEING ELIGIBLE TO REGISTRATION. REGISTRATION FEES TO NONMEMBERS ARE JUST TWICE AS MUCH AS TO MEMBERS.

THE APPROPRIATION FROM WHICH YOU PROPOSE PAYMENT FOR A SHARE OF STOCK IN THE AMERICAN HEREFORD ASSOCIATION (MAR. 2, 1934, 48 STAT. 368) AUTHORIZES THE EXPENDITURE OF $342,850 FOR THE PURPOSE OF DEVELOPING AGRICULTURE AND STOCK RAISING AMONG THE INDIANS, AND FURTHER PROVIDES THAT EXPENDITURES FROM THE APPROPRIATION SHALL BE UNDER CONDITIONS TO BE PRESCRIBED BY THE SECRETARY OF THE INTERIOR FOR REPAYMENT TO THE UNITED STATES ON OR BEFORE JUNE 30, 1940.

SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, PROVIDES:

NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE EXPENDED FOR MEMBERSHIP FEES OR DUES OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA IN ANY SOCIETY OR ASSOCIATION OR FOR EXPENSES OF ATTENDANCE OF ANY PERSON AT ANY MEETING OR CONVENTION OF MEMBERS OF ANY SOCIETY OR ASSOCIATION UNLESS SUCH FEES, DUES, OR EXPENSES ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION.

IN DECISION TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, 5 COMP. GEN. 645, IT WAS HELD, QUOTING FROM THE SYLLABUS:

IN THE ABSENCE OF A SPECIFIC APPROPRIATION THEREFOR, OR EXPRESS TERMS IN SOME GENERAL APPROPRIATION, THE PAYMENT OF MEMBERSHIP FEES AND DUES OF ANY OFFICER OR EMPLOYEE OF THE VETERANS' BUREAU IN A LIVESTOCK ASSOCIATION IS PROHIBITED BY SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184.

THE INDIAN SERVICE IS AN OFFICE OR BUREAU OF THE DEPARTMENT OF THE INTERIOR--- IT HAS NO PERSONALITY SEPARATE OR DISTINCT FROM THE OFFICERS AND EMPLOYEES CONSTITUTING THAT SERVICE. THE TAKING OUT OF A MEMBERSHIP IN THE NAME OF THE INDIAN SERVICE IS INDEFINITE AND COULD NOT BE EXERCISED OTHER THAN BY SUCH ONE OR MORE OF THE PERSONNEL AS MAY BE CONNECTED WITH THAT SERVICE. THE ACT OF 1912, SUPRA, WOULD NECESSARILY BE APPLICABLE THERETO; AND THE APPROPRIATION CITED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER OF MAY 22, 1935, NOT SPECIFICALLY AUTHORIZING PAYMENT OF MEMBERSHIP FEE IN SAID ASSOCIATION, IS NOT AVAILABLE FOR SUCH USE.