A-67009, NOVEMBER 29, 1935, 15 COMP. GEN. 451

A-67009: Nov 29, 1935

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ARE NOT AVAILABLE FOR PURCHASE OF A STATION WAGON FOR USE IN CONNECTION WITH SAID CONSTRUCTION. " THE FOLLOWING IS INCLUDED: "CONSTRUCTION OF BUILDINGS FOR UNITED STATES REPRESENTATIVE IN THE PHILIPPINE ISLANDS: FOR THE NECESSARY HOUSING FOR OFFICE AND RESIDENCE PURPOSES FOR THE ESTABLISHMENT OF THE UNITED STATES REPRESENTATIVE IN THE PHILIPPINE ISLANDS. A UTILITY CAR IS NECESSARY FOR USE OF CONSTRUCTION QUARTERMASTER. HAVE BEEN INFORMED BY COMMANDING GENERAL THAT THERE IS NO CAR IN THE DEPARTMENT AVAILABLE FOR THIS PURPOSE. INASMUCH AS THIS SERVICE IS INDISPENSABLE. A DECISION IS REQUESTED AS TO WHETHER OR NOT A STATION WAGON OR OTHER VEHICLE MAY BE PROPERLY PURCHASED AND CHARGED AGAINST THE APPROPRIATION CARRIED IN THE ABOVE PROJECT.

A-67009, NOVEMBER 29, 1935, 15 COMP. GEN. 451

PURCHASE OF PASSENGER-CARRYING VEHICLES - APPROPRIATION FOR CONSTRUCTION OF BUILDINGS IN PHILIPPINE ISLANDS FUNDS APPROPRIATED BY THE SECOND DEFICIENCY ACT OF AUGUST 12, 1935, 49 STAT. 595, FOR THE CONSTRUCTION OF BUILDINGS FOR THE UNITED STATES REPRESENTATIVE IN THE PHILIPPINE ISLANDS AND THE PROCUREMENT OF FURNITURE, FURNISHINGS, AND EQUIPMENT FOR SAME, ARE NOT AVAILABLE FOR PURCHASE OF A STATION WAGON FOR USE IN CONNECTION WITH SAID CONSTRUCTION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, NOVEMBER 29, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 28, 1935, AS FOLLOWS:

I AM PLEASED TO INVITE YOUR ATTENTION TO THE SECOND DEFICIENCY ACT, FISCAL YEAR 1935 (PUBLIC, NO. 260, 74TH CONGRESS, APPROVED AUGUST 12, 1935), ON PAGES 27 AND 28 OF THE PRINTED COPY OF WHICH, UNDER "WAR DEPARTMENT," "NONMILITARY ACTIVITIES," THE FOLLOWING IS INCLUDED:

"CONSTRUCTION OF BUILDINGS FOR UNITED STATES REPRESENTATIVE IN THE PHILIPPINE ISLANDS: FOR THE NECESSARY HOUSING FOR OFFICE AND RESIDENCE PURPOSES FOR THE ESTABLISHMENT OF THE UNITED STATES REPRESENTATIVE IN THE PHILIPPINE ISLANDS, INCLUDING THE ACQUISITION OF LAND, THE PURCHASE, CONSTRUCTION, AND RECONSTRUCTION OF BUILDINGS, AND THE PROCUREMENT OF FURNITURE, FURNISHINGS, AND EQUIPMENT, AS AUTHORIZED BY THE ACT APPROVED JUNE 24, 1935, TO REMAIN AVAILABLE UNTIL EXPENDED, $750,000.'

A MESSAGE CONTAINED IN A RADIOGRAM DATED OCTOBER 23, 1935, RECEIVED IN THE BUREAU OF INSULAR AFFAIRS OF THIS DEPARTMENT FROM HONORABLE FRANK MURPHY, THE PRESENT GOVERNOR GENERAL OF THE PHILIPPINE ISLANDS, WHO HAS BEEN APPOINTED BY THE PRESIDENT AS UNITED STATES HIGH COMMISSIONER TO THE PHILIPPINE ISLANDS, TO ASSUME OFFICE UPON THE INAUGURATION OF THE COMMONWEALTH GOVERNMENT OF THE PHILIPPINE ISLANDS, READS AS FOLLOWS:

"IN CONNECTION WITH CONSTRUCTION WORK ON PROJECT OF HIGH COMMISSIONER'S RESIDENCE AND OFFICE, A UTILITY CAR IS NECESSARY FOR USE OF CONSTRUCTION QUARTERMASTER. HAVE BEEN INFORMED BY COMMANDING GENERAL THAT THERE IS NO CAR IN THE DEPARTMENT AVAILABLE FOR THIS PURPOSE. INASMUCH AS THIS SERVICE IS INDISPENSABLE, REQUEST CLOSED STATION WAGON BE PURCHASED AND SENT IMMEDIATELY.

"MURPHY.'

A DECISION IS REQUESTED AS TO WHETHER OR NOT A STATION WAGON OR OTHER VEHICLE MAY BE PROPERLY PURCHASED AND CHARGED AGAINST THE APPROPRIATION CARRIED IN THE ABOVE PROJECT.

THE ACT OF JULY 16, 1914 (38 STAT. 508), PROHIBITS THE PURCHASE OF PASSENGER-CARRYING VEHICLES UNDER APPROPRIATIONS NOT PROVIDING SPECIFICALLY THEREFOR. A STATION WAGON IS ESSENTIALLY A PASSENGER CARRYING VEHICLE (14 COMP. GEN. 367), THE NEED WHICH REQUIRES ITS USE- - IN THE PRESENT CASE IN PERFORMING DUTIES IN CONNECTION WITH CONSTRUCTION OF BUILDINGS--- CANNOT PERMIT AN EXPENDITURE THEREFOR UNDER THE APPROPRIATION FOR SUCH CONSTRUCTION WORK, NOR SUCH A PURCHASE BE CLASSED AS AN ARTICLE OF EQUIPMENT OF A PUBLIC BUILDING. A 59965, FEBRUARY 26, 1935.