A-97483, AUGUST 31, 1938, 18 COMP. GEN. 211

A-97483: Aug 31, 1938

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A SPECIFIC AMOUNT IS INDICATED FOR A PURPOSE WITH THE LIMITATION ADDED "NOT EXCEEDING" OR "NOT TO EXCEED.'. WILL EXCEED $400.00 BECAUSE OF THE FACT THAT THE CONVENTION IS HELD IN THE CITY OF SAN FRANCISCO THIS YEAR. AT THE TIME THAT THE ORIGINAL ESTIMATES FOR THE MILITIA FOR THE FISCAL YEAR 1939 WERE SUBMITTED. INFORMATION IS REQUESTED AS TO WHETHER OR NOT THE COMMANDING GENERAL OF THE MILITIA OF THE DISTRICT OF COLUMBIA IS AUTHORIZED TO SUPPLEMENT. THE APPROPRIATION TO WHICH REFERENCE IS MADE. IS AS FOLLOWS: FOR THE FOLLOWING. WHO IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE NECESSARY CONTRACTS AND LEASES. IS A PROVISION CONTAINED IN THE APPROPRIATION FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1912.

A-97483, AUGUST 31, 1938, 18 COMP. GEN. 211

APPROPRIATIONS - LIMITATIONS - EFFECT OF APPROPRIATION INTERCHANGE AUTHORITY - DISTRICT OF COLUMBIA NATIONAL GUARD THE PROVISION IN THE ACT OF MARCH 2, 1911, 36 STAT. 1004, PERMITTING AMOUNTS TO BE INTERCHANGED BETWEEN THE VARIOUS APPROPRIATIONS "FOR THE DISTRICT OF COLUMBIA MILITIA * * * TO SUPPLEMENT SPECIFIC APPROPRIATIONS OF ALLOTMENTS WHICH MAY BE FOUND INSUFFICIENT FOR THE PURPOSES FOR WHICH MADE," DOES NOT AUTHORIZE THE INCREASE OF A LIMITATION ON THE AMOUNT TO BE EXPENDED WHERE, IN CONNECTION WITH A MISCELLANEOUS ITEM, A SPECIFIC AMOUNT IS INDICATED FOR A PURPOSE WITH THE LIMITATION ADDED "NOT EXCEEDING" OR "NOT TO EXCEED.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE COMMANDING GENERAL, DISTRICT OF COLUMBIA NATIONAL GUARD, AUGUST 31, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 24, 1938, AS FOLLOWS:

THE DISTRICT OF COLUMBIA NATIONAL GUARD, AS HAS BEEN THE PRACTICE FOR SEVERAL YEARS, DESIRES TO SEND TO THE CONVENTION OF THE NATIONAL GUARD ASSOCIATION OF THE UNITED STATES, THE COMMANDING GENERAL AND THE ADJUTANT GENERAL. THE COST OF THEIR TRAVEL, INCLUDING RAILROAD FARE, PER DIEM ALLOWANCE, ETC., WILL EXCEED $400.00 BECAUSE OF THE FACT THAT THE CONVENTION IS HELD IN THE CITY OF SAN FRANCISCO THIS YEAR.

AN APPROPRIATION ITEM FOR THE MILITIA OF THE DISTRICT OF COLUMBIA INCLUDES THE WORDING "NOT EXCEEDING $400.00 FOR TRAVELING EXPENSES, INCLUDING ATTENDANCE AT MEETINGS OR CONVENTIONS OF ASSOCIATIONS PERTAINING TO THE NATIONAL GUARD.'

AT THE TIME THAT THE ORIGINAL ESTIMATES FOR THE MILITIA FOR THE FISCAL YEAR 1939 WERE SUBMITTED, THE PLACE FOR HOLDING THE CONVENTION OF THE NATIONAL GUARD ASSOCIATION OF THE UNITED STATES HAD NOT BEEN SELECTED.

THE ACT OF CONGRESS APPROVED MARCH 2, 1911, STATES,"HEREAFTER, ANY OF THE MONEYS APPROPRIATED FOR THE DISTRICT OF COLUMBIA MILITIA MAY BE USED TO SUPPLEMENT SPECIFIC APPROPRIATIONS OF ALLOTMENTS WHICH MAY BE FOUND INSUFFICIENT FOR THE PURPOSES FOR WHICH MADE * * *.'

INFORMATION IS REQUESTED AS TO WHETHER OR NOT THE COMMANDING GENERAL OF THE MILITIA OF THE DISTRICT OF COLUMBIA IS AUTHORIZED TO SUPPLEMENT, UNDER THE PROVISIONS OF THE ACT OF MARCH 2, 1911, THE $400.00 AUTHORIZED FOR TRAVELING EXPENSES, BY SUCH SUM AS MAY BE NECESSARY TO MEET THE NEEDS OF THE SERVICE.

THE APPROPRIATION TO WHICH REFERENCE IS MADE,"MILITIA, D.C., " CONTAINED IN THE ANNUAL APPROPRIATION ACT FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1939, ACT OF APRIL 4, 1938, PUBLIC, NO. 458, 52 STAT. 156, 182, IS AS FOLLOWS:

FOR THE FOLLOWING, TO BE EXPENDED UNDER THE AUTHORITY AND DIRECTION OF THE COMMANDING GENERAL, WHO IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE NECESSARY CONTRACTS AND LEASES, NAMELY:

FOR PERSONAL SERVICES, $21,500; TEMPORARY LABOR, $5,800; FOR EXPENSES OF CAMPS, INCLUDING HIRE OF HORSES FOR OFFICERS REQUIRED TO BE MOUNTED, AND FOR THE PAYMENT OF COMMUTATION OF SUBSISTENCE FOR ENLISTED MEN WHO MAY BE DETAILED TO GUARD OR MOVE THE UNITED STATES PROPERTY AT HOME STATIONS ON DAYS IMMEDIATELY PRECEDING AND IMMEDIATELY FOLLOWING THE ANNUAL ENCAMPMENTS; DAMAGES TO PRIVATE PROPERTY INCIDENT TO ENCAMPMENT; REIMBURSEMENT TO THE UNITED STATES FOR LOSS OF PROPERTY FOR WHICH THE DISTRICT OF COLUMBIA MAY BE HELD RESPONSIBLE; CLEANING AND REPAIRING UNIFORMS, ARMS, AND EQUIPMENT; INSTRUCTION, PURCHASE, AND MAINTENANCE OF ATHLETIC, GYMNASTIC, AND RECREATIONAL EQUIPMENT AT ARMORY OR FIELD ENCAMPMENTS, NOT TO EXCEED $500; PRACTICE MARCHES, DRILLS, AND PARADES; RENT OF ARMORIES, DRILL HALLS, AND STOREHOUSES; FUEL, LIGHT, HEAT, CARE, AND REPAIR OF ARMORIES, OFFICES, AND STOREHOUSES; MACHINERY AND DOCK, INCLUDING DREDGING ALONGSIDE OF DOCK; CONSTRUCTION OF BUILDINGS FOR STORAGE AND OTHER PURPOSES AT TARGET RANGE; TELEPHONE SERVICE; PRINTING, STATIONERY, AND POSTAGE; HORSES AND MULES FOR MOUNTED ORGANIZATIONS; MAINTENANCE AND OPERATION OF PASSENGER AND NON-PASSENGER CARRYING MOTOR VEHICLES; STREETCAR FARES (NOT TO EXCEED $200) NECESSARILY USED IN THE TRANSACTION OF OFFICIAL BUSINESS; NOT EXCEEDING $400 FOR TRAVELING EXPENSES, INCLUDING ATTENDANCE AT MEETINGS OR CONVENTIONS OF ASSOCIATIONS PERTAINING TO THE NATIONAL GUARD; AND FOR GENERAL INCIDENTAL EXPENSES OF THE SERVICE, $15,480; IN ALL, $42,780.

THE ACT OF MARCH 2, 1911, REFERRED TO, IS A PROVISION CONTAINED IN THE APPROPRIATION FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1912, 36 STAT. 966, UNDER "MILITIA, D.C., " AT PAGE 1004 ET SEQ.THE APPROPRIATION FOR THAT YEAR AND THE PROVISION TO WHICH REFERENCE IS MADE ARE AS FOLLOWS:

FOR THE FOLLOWING, TO BE EXPENDED UNDER THE AUTHORITY AND DIRECTION OF THE COMMANDING GENERAL, WHO IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE NECESSARY CONTRACTS AND LEASES, NAMELY:

FOR EXPENSES OF CAMPS, INCLUDING HIRE OF HORSES FOR OFFICERS REQUIRED TO BE MOUNTED, AND SUCH HIRE NOT TO BE DEDUCTED FROM THEIR MOUNTED PAY, INSTRUCTION, PRACTICE MARCHES AND PRACTICE CRUISES, DRILLS, AND PARADES, RENT, FUEL, LIGHT, HEAT, CARE, AND REPAIR OF ARMORIES, PRACTICE SHIPS, BOATS, MACHINERY, AND DOCK, DREDGING ALONGSIDE OF DOCK, TELEPHONE SERVICE, AND FOR GENERAL INCIDENTAL EXPENSES OF THE SERVICE, FORTY-EIGHT THOUSAND DOLLARS.

FOR PRINTING, STATIONERY, AND POSTAGE, TWO THOUSAND ONE HUNDRED AND FIFTY DOLLARS.

FOR CLEANING AND REPAIRING UNIFORMS, ARMS, AND EQUIPMENTS, AND CONTINGENT EXPENSES, TWO THOUSAND TWO HUNDRED AND FIFTY DOLLARS.

FOR CUSTODIAN IN CHARGE OF UNITED STATES PROPERTY AND STOREROOMS, ONE THOUSAND DOLLARS.

FOR CLERK, OFFICE OF THE ADJUTANT GENERAL, ONE THOUSAND DOLLARS.

FOR EXPENSES OF TARGET PRACTICE AND MATCHES, ONE THOUSAND TWO HUNDRED AND FIFTY DOLLARS.

FOR PAY OF TROOPS, OTHER THAN GOVERNMENT EMPLOYEES, TO BE DISBURSED UNDER THE AUTHORITY AND DIRECTION OF THE COMMANDING GENERAL, TWENTY FOUR THOUSAND DOLLARS: * * * PROVIDED FURTHER, THAT HEREAFTER ANY OF THE MONEYS APPROPRIATED FOR THE DISTRICT OF COLUMBIA MILITIA MAY BE USED TO SUPPLEMENT SPECIFIC APPROPRIATIONS OR ALLOTMENTS WHICH MAY BE FOUND INSUFFICIENT FOR THE PURPOSES FOR WHICH MADE, AND AUTHORITY IS HEREBY GIVEN TO SUPPLEMENT THE REGULAR RATION BY PURCHASE OF SUCH ADDITIONAL ARTICLES OF SUBSISTENCE AS MAY BE DEEMED NECESSARY: * * *

THE DIFFERENCE IN THE FORM OF THE APPROPRIATION FOR THE FISCAL YEAR 1912 AND THAT FOR 1939 IS APPARENT. IN THE FORMER, SPECIFIC APPROPRIATIONS WERE MADE FOR NAMED OBJECTS AND WITHOUT THE PROVISION CITED AN EXCESS UNDER ONE HEAD COULD NOT HAVE BEEN USED UNDER ANY OF THE OTHERS, AND THE PROVISION WAS THEREFORE TO PERMIT INTERCHANGEABILITY UNDER THE VARIOUS APPROPRIATION HEADS. THE CURRENT APPROPRIATION IS FOR A SPECIFIC AMOUNT, $42,780, APPROPRIATED UNDER THREE BROAD DIVISIONS, PERSONAL SERVICES, $21,500, TEMPORARY LABOR, $5,800,AND FOR MISCELLANEOUS DETAILED ITEMS, $15,480, THE TOTAL AMOUNTING TO $42,780, THE AMOUNT APPROPRIATED UNDER THE HEAD. WERE IT NECESSARY, THE ACT OF 1911 WOULD PERMIT INTERCHANGEABILITY BETWEEN THESE THREE DIVISIONS IN WHICH THE APPROPRIATION IS MADE. WHERE, HOWEVER, IN CONNECTION WITH A MISCELLANEOUS ITEM A SPECIFIC AMOUNT IS INDICATED FOR A PURPOSE WITH THE LIMITATION ADDED "NOT EXCEEDING" OR "NOT TO EXCEED," THIS MUST BE UNDERSTOOD AS LIMITING THE AMOUNT THAT MAY BE EXPENDED FOR THAT PARTICULAR PURPOSE. OTHERWISE, THE LIMITING WORDS WOULD BE MEANINGLESS. THE PROVISION OF THE 1911 ACT CONTAINS NO AUTHORITY TO EXPEND AN AMOUNT IN EXCESS OF THE SPECIFIC APPROPRIATION SO LIMITED BY THE CONGRESS. YOU ARE ACCORDINGLY INFORMED THAT THERE IS NO AUTHORITY TO EXCEED THE LIMIT OF $400 PLACED BY CONGRESS ON EXPENDITURES TO BE MADE FOR TRAVEL EXPENSES IN THE APPROPRIATION NAMED, AND THAT SUCH SUM MAY NOT BE SUPPLEMENTED FROM FUNDS OTHERWISE THEREIN APPROPRIATED.