A-5903, NOVEMBER 12, 1924, 4 COMP. GEN. 441

A-5903: Nov 12, 1924

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TO REIMBURSE PROHIBITION AGENTS FOR THE ESTIMATED VALUE OF ARTICLES OF PERSONAL WEARING APPAREL DESTROYED BY EXPLOSION AND FIRE WHILE ON A PATROL BOAT IN THE DISCHARGE OF THEIR OFFICIAL DUTIES IS UNAUTHORIZED. IT APPEARING THAT AT THE TIME PROHIBITION AGENT THOMAS WAS ABOARD THE BOAT IN THE COURSE OF HIS OFFICIAL DUTIES. THE APPROPRIATION PROPOSED TO BE CHARGED IS AS FOLLOWS: FOR EXPENSES TO ENFORCE THE PROVISIONS THE NATIONAL PROHIBITION ACT AND THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE REGISTRATION OF. THE USE OF THIS APPROPRIATION IS LIMITED TO THE OBJECTS THEREIN INDICATED. AS THERE IS NOTHING IN THE LANGUAGE OF THE APPROPRIATION THAT CAN BE CONSTRUED AS PROVIDING FOR REIMBURSEMENT FOR PRIVATE PROPERTY LOST BY EMPLOYEES WHILE ENGAGED IN THEIR OFFICIAL DUTIES.

A-5903, NOVEMBER 12, 1924, 4 COMP. GEN. 441

PROHIBITION ENFORCEMENT - DESTRUCTION OF PRIVATE PROPERTY THE USE OF THE APPROPRIATION "ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS, 1925," ACT OF APRIL 4, 1924, 43 STAT. 71, TO REIMBURSE PROHIBITION AGENTS FOR THE ESTIMATED VALUE OF ARTICLES OF PERSONAL WEARING APPAREL DESTROYED BY EXPLOSION AND FIRE WHILE ON A PATROL BOAT IN THE DISCHARGE OF THEIR OFFICIAL DUTIES IS UNAUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 12, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 23, 1924, SUBMITTING FOR DECISION THE QUESTION AS TO WHETHER PROHIBITION AGENT J. A. THOMAS MAY BE REIMBURSED, FROM THE APPROPRIATION ,ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS, 1925," IN THE SUM OF $24.75, THE ESTIMATED VALUE OF ARTICLES OF PERSONAL WEARING APPAREL LOST BY FIRE ON ACCOUNT OF THE DESTRUCTION BY EXPLOSION AND FIRE OF MOTOR PATROL BOAT P-110 ON SEPTEMBER 1, 1924, IN BAYOU ST. JOHN, NEW ORLEANS, LA., IT APPEARING THAT AT THE TIME PROHIBITION AGENT THOMAS WAS ABOARD THE BOAT IN THE COURSE OF HIS OFFICIAL DUTIES.

THE APPROPRIATION PROPOSED TO BE CHARGED IS AS FOLLOWS:

FOR EXPENSES TO ENFORCE THE PROVISIONS THE NATIONAL PROHIBITION ACT AND THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE REGISTRATION OF, WITH COLLECTORS OF INTERNAL REVENUE, AND TO IMPOSE A SPECIAL TAX UPON, ALL PERSONS WHO PRODUCE, IMPORT, MANUFACTURE, COMPOUND, DEAL IN, DISPENSE, SELL, DISTRIBUTE, OR GIVE AWAY OPIUM OR COCOA LEAVES, THEIR SALTS, DERIVATIVES, OR PREPARATIONS, AND FOR OTHER PURPOSES," APPROVED DECEMBER 17, 1914, AS AMENDED BY THE REVENUE ACT OF 1918, AND THE ACT ENTITLED "AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROHIBIT THE IMPORTATION AND USE OF OPIUM FOR OTHER THAN MEDICINAL PURPOSES," APPROVED FEBRUARY 9, 1909," AS AMENDED BY THE ACT OF MAY 26, 1922, KNOWN AS "THE NARCOTIC DRUGS IMPORT AND EXPORT ACT," INCLUDING THE EMPLOYMENT OF EXECUTIVE OFFICERS, AGENTS, INSPECTORS, CHEMISTS, ASSISTANT CHEMISTS, SUPERVISORS, CLERKS, AND MESSENGERS IN THE FIELD AND IN THE BUREAU OF INTERNAL REVENUE IN THE DISTRICT OF COLUMBIA, TO BE APPOINTED AS AUTHORIZED BY LAW; THE SECURING OF EVIDENCE OF VIOLATIONS OF THE ACTS, AND FOR THE PURCHASE OF SUCH SUPPLIES, EQUIPMENT, MECHANICAL DEVICES, LABORATORY SUPPLIES, BOOKS, AND SUCH OTHER EXPENDITURES AS MAY BE NECESSARY IN THE DISTRICT OF COLUMBIA AND THE SEVERAL FIELD OFFICES, AND FOR RENTAL OF NECESSARY QUARTERS, $10,629,770: * * *. ACT OF APRIL 4, 1924, 43 STAT. 71, 72.

THE USE OF THIS APPROPRIATION IS LIMITED TO THE OBJECTS THEREIN INDICATED. AND AS THERE IS NOTHING IN THE LANGUAGE OF THE APPROPRIATION THAT CAN BE CONSTRUED AS PROVIDING FOR REIMBURSEMENT FOR PRIVATE PROPERTY LOST BY EMPLOYEES WHILE ENGAGED IN THEIR OFFICIAL DUTIES, AND NO GENERAL STATUTORY PROVISION AUTHORIZING SUCH REIMBURSEMENT, THE QUESTION SUBMITTED MUST BE AND IS ANSWERED IN THE NEGATIVE.