A-64372, OCTOBER 7, 1935, 15 COMP. GEN. 278

A-64372: Oct 7, 1935

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IS NOT AVAILABLE FOR THE PURCHASE OF A TROPHY TO REWARD THE NAVAL RESERVE AVIATION BASE STANDING FIRST IN EFFICIENCY EACH YEAR. THROUGHOUT THE NAVAL RESERVE A GREAT DEAL OF EFFORT IS EXPENDED VOLUNTARILY BY THE PERSONNEL OF THAT ORGANIZATION AS A LOYAL AND ENTHUSIASTIC SERVICE TO THE NAVY. NAVAL RESERVE AVIATION IS A SPLENDID ORGANIZATION. THE FEDERAL AVIATION COMMITTEE STATED THAT NAVAL RESERVE AVIATION IS AN ADMIRABLE ORGANIZATION AND CLOSE TO THE IDEAL OF MILITARY READINESS. YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THE APPROPRIATION FOR THE "NAVAL RESERVE. IS AVAILABLE FOR THE PROCUREMENT. IN CONNECTION WITH THIS REQUEST ATTENTION IS INVITED TO YOUR DECISION OF MAY 15. WHEREIN IT WAS STATED THAT THE WORDS "EXPENSES OF ORGANIZING.

A-64372, OCTOBER 7, 1935, 15 COMP. GEN. 278

PURCHASE OF TROPHIES - NAVAL RESERVE THE APPROPRIATION FOR THE NAVAL RESERVE FOR THE FISCAL YEAR ENDING JUNE 30, 1936, ACT OF JUNE 24, 1935, 49 STAT. 403, IS NOT AVAILABLE FOR THE PURCHASE OF A TROPHY TO REWARD THE NAVAL RESERVE AVIATION BASE STANDING FIRST IN EFFICIENCY EACH YEAR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, OCTOBER 7, 1935:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 1, 1935, AS FOLLOWS:

IN ORDER TO REWARD THE NAVAL RESERVE AVIATION BASE WHICH STANDS FIRST IN EFFICIENCY EACH YEAR AND TO STIMULATE COMPETITION FURTHER IN THIS FIELD, THE NAVY DEPARTMENT PROPOSES TO AUTHORIZE THE CREATION AND AWARD OF A SUITABLE PERPETUAL TROPHY FOR THAT PURPOSE.

THROUGHOUT THE NAVAL RESERVE A GREAT DEAL OF EFFORT IS EXPENDED VOLUNTARILY BY THE PERSONNEL OF THAT ORGANIZATION AS A LOYAL AND ENTHUSIASTIC SERVICE TO THE NAVY. NAVAL RESERVE AVIATION IS A SPLENDID ORGANIZATION. IT HAS RECEIVED FAVORABLE COMMENT FROM TIME TO TIME; FOR EXAMPLE, THE FEDERAL AVIATION COMMITTEE STATED THAT NAVAL RESERVE AVIATION IS AN ADMIRABLE ORGANIZATION AND CLOSE TO THE IDEAL OF MILITARY READINESS. THE NAVY DEPARTMENT BELIEVES THAT RECOGNITION OF THE EFFICIENCY OF THE WINNING NAVAL RESERVE AVIATION BASE EACH YEAR IN THE MANNER CONTEMPLATED WOULD BE MOST APPROPRIATE.

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THE APPROPRIATION FOR THE "NAVAL RESERVE," AS PROVIDED FOR THE CURRENT FISCAL YEAR IN THE NAVAL APPROPRIATION ACT APPROVED JUNE 24, 1935 (PUBLIC NO. 163--- 74TH CONGRESS), IS AVAILABLE FOR THE PROCUREMENT, INCLUDING THE COST OF DESIGN AND ANY NECESSARY ENGRAVING, OF SUCH NAVAL RESERVE AVIATION BASE PERPETUAL TROPHY. IN CONNECTION WITH THIS REQUEST ATTENTION IS INVITED TO YOUR DECISION OF MAY 15, 1922, A.D. 6651, WHEREIN IT WAS STATED THAT THE WORDS "EXPENSES OF ORGANIZING, ADMINISTERING, AND RECRUITING THE NAVAL RESERVE FORCE AND NAVAL MILITIA," AS CONTAINED IN THE ACT OF JULY 12, 1921 (42 STAT. 127), MAKING APPROPRIATIONS FOR THE NAVAL RESERVE FORCE, WERE "GENERAL RATHER THAN SPECIFIC TERMS, AND THEREFORE THEIR SPECIFIC APPLICATION MUST NECESSARILY REST ON ADMINISTRATIVE INTERPRETATION.'

THE APPROPRIATION FOR THE NAVAL RESERVE FOR THE FISCAL YEAR ENDING JUNE 30, 1936, ACT OF JUNE 24, 1935, 49 STAT. 403, DOES NOT SPECIFICALLY AUTHORIZE THE DESIGNING, PURCHASING, OR ENGRAVING OF TROPHIES. PROVIDES FOR "EXPENSES OF ORGANIZING, ADMINISTERING, AND RECRUITING THE NAVAL RESERVE AND NAVAL MILITIA; * * * FOR AVIATION MATERIAL, EQUIPMENT, FUEL, AND RENTAL OF HANGARS" AND FOR EXPENSES INCIDENT TO FLIGHT TRAINING OF MEMBERS WHO HAVE BEEN FOUND PHYSICALLY AND PSYCHOLOGICALLY QUALIFIED TO SERVE AS PILOTS OF NAVAL AIRCRAFT.

THERE APPEARS NOTHING IN THE LEGISLATIVE HISTORY OF THIS APPROPRIATION OR OTHERWISE TO INDICATE AN INTENT AT THE TIME THE APPROPRIATION WAS MADE THAT IT WAS TO BE USED FOR SUCH ARTICLES AS TROPHIES AND THE TERMS OF THE APPROPRIATION REASONABLY MAY NOT BE CONSTRUED AS AUTHORIZING EXPENDITURES FOR SUCH PURPOSES.

IN THIS CONNECTION IT IS TO BE NOTED THAT APPROPRIATIONS MADE IN THE SAME ACT FOR "FLEET TRAINING" AND FOR "THE NAVAL ACADEMY" PROVIDE SPECIFICALLY FOR TROPHIES. APPLYING THE WELL-KNOWN MAXIM OF INTERPRETATION AND CONSTRUCTION, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS, IT MUST BE CONCLUDED THAT THE CONGRESS DID NOT INTEND TO AUTHORIZE THE PURCHASE OF TROPHIES FOR USE IN CONNECTION WITH THE ORGANIZATION AND TRAINING OF THE NAVAL RESERVE.

THE RULE EXPRESSED IN THE DECISION OF MAY 15, 1922, REFERRED TO IN YOUR LETTER, IS NOT FOR APPLICATION HERE. IN THAT CASE THERE WAS FOR CONSIDERATION, MILEAGE TO OFFICERS OF THE NAVAL RESERVE NOT IN ACTIVE SERVICE AND IT APPEARED THE SERVICE IN QUESTION WAS NECESSARY TO THE GENERAL PURPOSES OF THE APPROPRIATION.

ACCORDINGLY, YOU ARE ADVISED THAT THE APPROPRIATION IN QUESTION IS NOT AVAILABLE FOR THE PROCUREMENT OF A TROPHY TO REWARD THE NAVAL RESERVE AVIATION BASE STANDING FIRST IN EFFICIENCY EACH YEAR.