B-11162, JULY 30, 1940, 20 COMP. GEN. 56

B-11162: Jul 30, 1940

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ANY EXPENSE OF TAKING THE OATH OF OFFICE IS PERSONAL TO THE APPOINTEE INVOLVED AND MAY NOT BE PAID FROM APPROPRIATED FUNDS. 1940: I HAVE YOUR LETTER OF JUNE 20. DOUBT HAVING ARISEN AS TO WHETHER THE CLAIM IS PAYABLE FROM FUNDS ALLOTTED FOR THE CIVILIAN CONSERVATION CORPS WHEN THE SERVICES WERE PERFORMED IN THE INTERESTS OF THE CENSUS BUREAU. THE ACCOUNT IS FORWARDED FOR ADVANCE DECISION. THE OATHS IN QUESTION APPEAR TO HAVE CONSISTED IN THE EXECUTION OF A JURAT TO AN APPLICATION FOR EMPLOYMENT AS ENUMERATOR AND THE OATH OF OFFICE EXECUTED BY THE COMPANY COMMANDER UPON HIS APPOINTMENT AS ENUMERATOR. IT IS A WELL ESTABLISHED RULE THAT AN APPLICANT FOR A GOVERNMENT PROVISION MUST QUALIFY THEREFOR AT HIS OWN EXPENSE.

B-11162, JULY 30, 1940, 20 COMP. GEN. 56

EXPENSE OF QUALIFYING FOR GOVERNMENT POSITION - APPROPRIATION AVAILABILITY AN APPLICANT FOR A GOVERNMENT POSITION MUST QUALIFY THEREFOR AT HIS OWN EXPENSE. ANY EXPENSE OF TAKING THE OATH OF OFFICE IS PERSONAL TO THE APPOINTEE INVOLVED AND MAY NOT BE PAID FROM APPROPRIATED FUNDS.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJOR R. B. CONNER, UNITED STATES ARMY, JULY 30, 1940:

I HAVE YOUR LETTER OF JUNE 20, 1940, AS FOLLOWS:

ENCLOSED HEREWITH, PLEASE FIND STANDARD FORM NO. 1034, STANDARD FORM NO. 1034A, AND C.C.C. FORM NO. 12, COMPRISING A CLAIM OF ARTHUR S. HARRIGAN, NOTARY PUBLIC, AVERY, IDAHO, IN THE AMOUNT OF $1.00 FOR ADMINISTRATION OF OATHS TO FRANK L. MARTINOLI, COMPANY COMMANDER, 1239TH COMPANY, CCC CAMP F -187, AVERY, IDAHO, IN CONNECTION WITH TAKING OF CENSUS AT COMPANY 1239, CIVILIAN CONSERVATION CORPS.

THIS VOUCHER HAS BEEN CERTIFIED BY FRANK L. MARTINOLI, COMPANY COMMANDER OF COMPANY 1239, C.C., AND APPROVED BY KENNETH R. DYER, C.C.C. ASSISTANT DISTRICT ADJUTANT FOR THE DISTRICT COMMANDER,CIVILIAN CONSERVATION CORPS, FORT GEORGE WRIGHT, WASHINGTON, DISTRICT. THE COST HAS BEEN CERTIFIED BY EDWARD J. MCCORMICK, JR., AS A PROPER CHARGE AGAINST APPROPRIATION 21- 7500600 CCC ( TRANS. TO WAR) 1940.

THIS VOUCHER HAVING BEEN PRESENTED TO THE UNDERSIGNED, A REGULAR DISBURSING OFFICER FOR THE WAR DEPARTMENT, AND DOUBT HAVING ARISEN AS TO WHETHER THE CLAIM IS PAYABLE FROM FUNDS ALLOTTED FOR THE CIVILIAN CONSERVATION CORPS WHEN THE SERVICES WERE PERFORMED IN THE INTERESTS OF THE CENSUS BUREAU, THE ACCOUNT IS FORWARDED FOR ADVANCE DECISION.

THE OATHS IN QUESTION APPEAR TO HAVE CONSISTED IN THE EXECUTION OF A JURAT TO AN APPLICATION FOR EMPLOYMENT AS ENUMERATOR AND THE OATH OF OFFICE EXECUTED BY THE COMPANY COMMANDER UPON HIS APPOINTMENT AS ENUMERATOR. IT ALSO APPEARS FROM THE RECORD THAT THE COMPANY COMMANDER IN THIS CASE ACTED AS ENUMERATOR WITHOUT ADDITIONAL COMPENSATION PURSUANT TO CIRCULAR 20 OF THE WAR DEPARTMENT, DATED FEBRUARY 17, 1940.

IT IS A WELL ESTABLISHED RULE THAT AN APPLICANT FOR A GOVERNMENT PROVISION MUST QUALIFY THEREFOR AT HIS OWN EXPENSE, 2 COMP. GEN. 17; 6 ID. 15. THE OATH OF OFFICE IS GENERALLY ADMINISTERED BY A NOTARY IN THE GOVERNMENT SERVICE AND IN SUCH CASE NO NOTARY FEES ARE INVOLVED. HOWEVER, WHERE A GOVERNMENT NOTARY IS NOT AVAILABLE, THE EXPENSE OF THE OATH OF OFFICE IS A PERSONAL ONE AND MAY NOT BE PAID FROM APPROPRIATED FUNDS. COMP. DEC. 157.

IN THE PRESENT CASE, SINCE THE PERSON APPOINTED ENUMERATOR WAS OTHERWISE IN THE EMPLOY OF THE GOVERNMENT, THERE IS AT LEAST A QUESTION WHETHER THE NOTARY ACKNOWLEDGMENT WERE REQUIRED, BUT IN ANY EVENT, AND ALTHOUGH THE ENUMERATOR WAS TO SERVE WITHOUT ADDITIONAL COMPENSATION, ANY EXPENSES INCURRED INCIDENT TO SUCH ACKNOWLEDGMENTS CANNOT BE CONSIDERED IN ANY SENSE EXPENSES CONNECTED WITH, OR CHARGEABLE TO THE FUNDS OF, THE CIVILIAN CONSERVATION CORPS.

ACCORDINGLY, THE VOUCHER IS HEREWITH RETURNED, TOGETHER WITH RELATED PAPERS, AND YOU ARE ADVISED THAT PAYMENT THEREON IS NOT AUTHORIZED.