A-61847, MAY 22, 1935, 14 COMP. GEN. 844

A-61847: May 22, 1935

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NATIONAL GUARD - CARE AND MAINTENANCE OF ANIMALS UNDER SECTION 90 OF THE NATIONAL DEFENSE ACT AS AMENDED ANIMALS OWNED BY A STATE OR ORGANIZATION MAY NOT BE CARED FOR AND MAINTAINED FROM FEDERAL FUNDS UNTIL THEY HAVE BEEN FEDERALLY ACCEPTED IN ACCORDANCE WITH APPLICABLE NATIONAL GUARD REGULATIONS. IT IS STATED: JOHN D. THAT HE IS LT. IS LOCATED AT THE CITY OF KENOSHA. WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 1. THEY WERE INSPECTED BY MAJOR J. THAT THEY WERE NOT DULY ACCEPTED BY THE WAR DEPARTMENT UNTIL DECEMBER 18TH. THAT DURING SAID PERIOD IT WAS NECESSARY THAT SAID THREE HORSES BE FED AND CARED FOR. 2. WISCONSIN NATIONAL GUARD WAS DURING SAID PERIOD WHOLLY WITHOUT FUNDS TO PAY FOR THE FEED.

A-61847, MAY 22, 1935, 14 COMP. GEN. 844

NATIONAL GUARD - CARE AND MAINTENANCE OF ANIMALS UNDER SECTION 90 OF THE NATIONAL DEFENSE ACT AS AMENDED ANIMALS OWNED BY A STATE OR ORGANIZATION MAY NOT BE CARED FOR AND MAINTAINED FROM FEDERAL FUNDS UNTIL THEY HAVE BEEN FEDERALLY ACCEPTED IN ACCORDANCE WITH APPLICABLE NATIONAL GUARD REGULATIONS.

COMPTROLLER GENERAL MCCARL TO LT. COL. HARRY G. WILLIAMS, UNITED STATES PROPERTY AND DISBURSING OFFICER, WISCONSIN NATIONAL GUARD, MAY 22, 1935:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF, NATIONAL GUARD BUREAU, YOUR LETTER OF MARCH 27, 1935, TRANSMITTING VOUCHER IN FAVOR OF JOHN D. ALEXANDER FOR $93.88, REPRESENTING REIMBURSEMENT FOR EXPENDITURES FROM PRIVATE FUNDS FOR PAYMENT OF ANIMAL CARETAKERS AND FORAGE FOR THE CARE AND MAINTENANCE OF THREE ANIMALS BELONGING TO THE WISCONSIN NATIONAL GUARD DURING THE PERIOD OCTOBER 28 TO DECEMBER 18, 1934.

IN AN AFFIDAVIT EXECUTED BY THE PROPOSED PAYEE FEBRUARY 9, 1935, IT IS STATED:

JOHN D. ALEXANDER BEING FIRST DULY SWORN, ON OATH DEPOSES AND SAYS THAT HE RESIDES IN THE CITY OF KENOSHA, WISCONSIN. THAT HE IS LT. COL. CAV. WIS. N.G. AND IS LOCATED AT THE CITY OF KENOSHA, WISCONSIN. THAT HE MAKES THIS AFFIDAVIT IN SUPPORT OF PUBLIC VOUCHER NO. 1034, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.

1. THAT TROOP E, 105TH CAVALRY WISCONSIN NATIONAL GUARD, PURCHASED THREE HORSES FOR THE USE OF THE ORGANIZATION PRIOR TO OCTOBER 28TH 1934. THAT ON SAID DATE OF OCTOBER 28TH, 1934, THEY WERE INSPECTED BY MAJOR J. K. COLWELL, CAVALRY D.O.L., AND A FAVORABLE REPORT ON SAID ANIMALS TRANSMITTED TO THE WAR DEPARTMENT. THAT THEY WERE NOT DULY ACCEPTED BY THE WAR DEPARTMENT UNTIL DECEMBER 18TH, 1934. THAT DURING SAID PERIOD IT WAS NECESSARY THAT SAID THREE HORSES BE FED AND CARED FOR.

2. THAT THE TREASURY OF TROOP E, 105TH CAVALRY, WISCONSIN NATIONAL GUARD WAS DURING SAID PERIOD WHOLLY WITHOUT FUNDS TO PAY FOR THE FEED, CARE, AND MAINTENANCE OF THE THREE HORSES IN QUESTION.

3. THAT THIS AFFIANT FROM HIS PERSONAL FUNDS BOUGHT THE NECESSARY FORAGE FROM MAHONEY AND HANSEN, DEALERS IN FORAGE AT KENOSHA, WISCONSIN, IN THE SUM OF $59.88, WHICH AMOUNT OF FORAGE WAS ACTUALLY NECESSARY AND WAS ACTUALLY USED AND CONSUMED BY SAID THREE ANIMALS, AND THE AMOUNT OF $59.88 PAID OUT OF PERSONAL FUNDS OF THIS AFFIANT.

THAT ANTHONY J. TARESKI AND ELMER Z. KRIOFSKY WERE ACTUALLY AND NECESSARILY EMPLOYED BY THIS AFFIANT TO TAKE CARE OF SAID HORSES DURING THE PERIOD FROM OCTOBER 28TH, 1934, TO DECEMBER 18TH, 1934, INCLUSIVE. THAT THEIR CHARGE FOR SAID SERVICE WAS $17.00 EACH, TOTAL $34.00. THAT THE SERVICE WAS ACTUALLY PERFORMED BY THEM AS CARETAKERS AND WAS NECESSARY IN THE MAINTENANCE OF SAID HORSES.

THAT ATTACHED HERETO AND MADE A PART HEREOF THE SAME AS THOUGH SPECIFICALLY SET FORTH ARE THE RECEIPTED BILLS FOR CARETAKERS' SERVICES AND FORAGE, THE EXHIBITS BEING MARKED EXHIBITS "A," "B," AND "C," RESPECTIVELY.

4. THAT BY REASON OF THE FACTS ABOVE SET FORTH THIS AFFIANT IS ENTITLED TO REIMBURSEMENT FOR THE AMOUNTS SO PAID PERSONALLY BY HIM, TO-WIT, THE TOTAL SUM OF $93.88.

5. THAT WHILE SAID ANIMALS WERE BEING MAINTAINED AND CARED FOR DURING THE PERIOD WHICH ELAPSED BETWEEN THE INSPECTION AND THE ACCEPTANCE BY THE UNITED STATES WAR DEPARTMENT, THEIR FORAGE AND MAINTENANCE SHOULD HAVE BEEN PAID BY THE GOVERNMENT.

IN FURTHER SUPPORT OF THE VOUCHER, THERE HAVE BEEN SUBMITTED RECEIPTS DATED DECEMBER 31, 1934, SIGNED BY ANTHONY J. TARESKI AND ELMER Z. KRIOFSKY, EACH ACKNOWLEDGING TO HAVE RECEIVED FROM LT.COL. ALEXANDER THE SUM OF $17 FOR CARETAKER'S SERVICES FOR CARING FOR THREE HORSES INSPECTED OCTOBER 28 AND FEDERALLY ACCEPTED DECEMBER 18, 1934; A RECEIPT ON THE LETTERHEAD OF MAHONEY AND HANSEN FOR $59.88 FOR FORAGE, AND AN ORIGINAL TELEGRAM FROM THE NATIONAL GUARD BUREAU TO YOU, DATED DECEMBER 28, 1934, AS FOLLOWS:

RETEL DEC TWENTY-SEVENTH REIMBURSEMENT AUTHORIZED FOR CARE AND MAINTENANCE OF ANIMALS FROM OCTOBER TWENTY-EIGHTH TO DATE OF INDORSEMENT PERIOD

SECTION 90 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF MAY 28, 1926 (44 STAT. 673), PROVIDES:

THAT FUNDS ALLOTTED BY THE SECRETARY OF WAR FOR THE SUPPORT OF THE NATIONAL GUARD SHALL BE AVAILABLE FOR THE PURCHASE AND ISSUE OF FORAGE, BEDDING, SHOEING, AND VETERINARY SERVICES, AND SUPPLIES FOR THE GOVERNMENT ANIMALS ISSUED TO ANY ORGANIZATION, AND FOR ANIMALS OWNED OR HIRED BY ANY STATE, TERRITORY, DISTRICT OF COLUMBIA, OR NATIONAL GUARD ORGANIZATION, NOT EXCEEDING THE NUMBER OF ANIMALS AUTHORIZED BY FEDERAL LAW FOR SUCH ORGANIZATION AND USED SOLELY FOR MILITARY PURPOSES, AND FOR THE COMPENSATION OF COMPETENT HELP FOR THE CARE OF MATERIAL, ANIMALS, ARMAMENT, AND EQUIPMENT OF ORGANIZATIONS OF ALL KINDS, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE: * * *

UNDER THE PROVISIONS OF N.G.R. 79, PROMULGATED IN ACCORDANCE WITH SECTION 90 OF THE NATIONAL DEFENSE ACT, ANIMALS OWNED BY A STATE OR ORGANIZATION AND USED EXCLUSIVELY FOR MILITARY PURPOSES, MAY BE CARED FOR AND MAINTAINED, WHEN AUTHORIZED BY THE CHIEF OF THE NATIONAL GUARD BUREAU, AS ARE FEDERALLY OWNED ANIMALS ISSUED TO THE NATIONAL GUARD. THE THREE ANIMALS IN QUESTION, AFTER CERTIFICATE OF INSPECTION AS TO THEIR SUITABILITY WAS ISSUED, WERE REQUIRED TO BE FEDERALLY ACCEPTED BY THE UNITED STATES UNDER THE FORM OF AGREEMENT WHEREBY THE OWNER AGREED THAT HE WOULD NOT WITHDRAW THE ANIMALS FROM EXCLUSIVE USE FOR THE PURPOSES NAMED WITHIN 90 DAYS AFTER GIVING DUE NOTICE TO THE CHIEF OF THE NATIONAL GUARD BUREAU OF AN INTENTION TO MAKE SUCH WITHDRAWAL. SEE PARAGRAPH 21, N.G.R. 79. UNTIL FEDERAL ACCEPTANCE AS CONTEMPLATED BY THE REGULATIONS, THE ANIMALS NECESSARILY REMAINED UNDER THE CONTROL AND JURISDICTION OF THE OWNERS AND THEIR CARE AND MAINTENANCE UNDER THE LAW MAY NOT BE ASSUMED BY THE UNITED STATES.

THE ANIMALS ADMITTEDLY WERE NOT ACCEPTED BY THE WAR DEPARTMENT AND, THEREFORE, WERE NOT UNDER THE CONTROL OF THE WAR DEPARTMENT UNTIL DECEMBER 18, 1934. PAYMENT OF THE VOUCHER IS NOT AUTHORIZED.