B-5349, AUGUST 3, 1939, 19 COMP. GEN. 155

B-5349: Aug 3, 1939

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WHETHER THE CORONADO CELEBRATION CORPORATION CREATED BY THE STATE OF NEW MEXICO MAY LAWFULLY OPERATE OUTSIDE THE STATE IS A MATTER FOR DETERMINATION BY THE LOCAL AUTHORITIES OF THE RESPECTIVE STATES AND NOT BY THE GENERAL ACCOUNTING OFFICE. WILL NOT BE QUESTIONED SOLELY BECAUSE SOME PART OF THE FUNDS ALLOCATED WERE INTENDED FOR EXPENDITURE FOR PURPOSES OF THE EXPOSITION OUTSIDE THE STATE OF NEW MEXICO. IN WHICH CELEBRATION THE UNITED STATES IS AUTHORIZED TO PARTICIPATE BY THE ACT OF JULY 17. THAT THE MEMBERS OF THE CORPORATION ADOPTED THE NAME OF THE "1CORONADO CUARTO CENTENNIAL COMMISSION" BY WHICH NAME IT WAS AFTERWARDS DESIGNATED IN AN APPROPRIATION MADE BY THE STATE LEGISLATURE. YOU STATE THAT THE DIFFERENCE BETWEEN THE SPANISH WORDS CUARTO AND CUATRO IS THE DIFFERENCE BETWEEN FOURTH AND FOUR.

B-5349, AUGUST 3, 1939, 19 COMP. GEN. 155

CORONADO EXPLORATIONS CELEBRATION - FEDERAL FUND ALLOCATIONS - INCONSISTENT CORPORATION DESIGNATIONS, AND FUND EXPENDITURES OUTSIDE THE STATE FUNDS APPROPRIATED TO CARRY OUT THE PROVISIONS OF THE ACT OF JULY 17, 1939, PUBLIC, NO. 186, 53 STAT. 1047, AUTHORIZING THE UNITED STATES TO PARTICIPATE IN THE CELEBRATION OF THE 400TH ANNIVERSARY OF THE EXPLORATIONS OF FRANCISCO VASQUEZ DE CORONADO, MAY BE ALLOCATED TO THE CORONADO CUARTO CENTENNIAL COMMISSION NOTWITHSTANDING THE AUTHORIZING ACT DESIGNATED THE CORONADO CUATRO CENTENNIAL COMMISSION, THERE BEING NO DOUBT THAT THE CONGRESS INTENDED TO DESIGNATE THE CUARTO COMMISSION. WHETHER THE CORONADO CELEBRATION CORPORATION CREATED BY THE STATE OF NEW MEXICO MAY LAWFULLY OPERATE OUTSIDE THE STATE IS A MATTER FOR DETERMINATION BY THE LOCAL AUTHORITIES OF THE RESPECTIVE STATES AND NOT BY THE GENERAL ACCOUNTING OFFICE, BUT ALLOCATIONS OF UNITED STATES FUNDS TO THE CORPORATION IF OTHERWISE PROPER, WILL NOT BE QUESTIONED SOLELY BECAUSE SOME PART OF THE FUNDS ALLOCATED WERE INTENDED FOR EXPENDITURE FOR PURPOSES OF THE EXPOSITION OUTSIDE THE STATE OF NEW MEXICO.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE MANAGING DIRECTOR OF THE UNITED STATES CORONADO EXPOSITION COMMISSION, AUGUST 3, 1939:

YOUR LETTER OF AUGUST 2, 1939, RECEIVED BY REFERENCE FROM HON. CARL A. HATCH, CALLS ATTENTION TO THE FACT THAT IN CONNECTION WITH THE CELEBRATION OF THE FOUR-HUNDREDTH ANNIVERSARY OF THE EXPLORATIONS OF FRANCISCO VASQUEZ DE CORONADO, IN WHICH CELEBRATION THE UNITED STATES IS AUTHORIZED TO PARTICIPATE BY THE ACT OF JULY 17, 1939, PUBLIC, NO. 186, 53 STAT. 1047, THE LEGISLATURE OF THE STATE OF NEW MEXICO ESTABLISHED A CORPORATION BY THE NAME OF THE NEW MEXICO FOURTH CENTENNIAL CORONADO CORPORATION; THAT THE MEMBERS OF THE CORPORATION ADOPTED THE NAME OF THE "1CORONADO CUARTO CENTENNIAL COMMISSION" BY WHICH NAME IT WAS AFTERWARDS DESIGNATED IN AN APPROPRIATION MADE BY THE STATE LEGISLATURE; THAT THE ACT OF JULY 17, 1939, PUBLIC, NO. 186, REFERS TO SAID CORPORATION BY THE NAME OF THE CORONADO CUATRO CENTENNIAL COMMISSION. YOU STATE THAT THE DIFFERENCE BETWEEN THE SPANISH WORDS CUARTO AND CUATRO IS THE DIFFERENCE BETWEEN FOURTH AND FOUR. IN THE LIGHT OF THE ABOVE FACTS YOU REQUEST DECISION UPON THE FOLLOWING QUESTIONS:

(1) CAN THE ALLOCATION BE MADE TO THE CORONADO CUARTO CENTENNIAL COMMISSION, OR TO THE NEW MEXICO FOURTH CENTENNIAL CORONADO CORPORATION, OR TO EITHER, SINCE THERE IS NO CORONADO CUATRO CENTENNIAL COMMISSION THAT HAS ANY LEGAL EXISTENCE.

(2) THE TERMS OF PUBLIC 186 OF THE SEVENTY-SIXTH CONGRESS PROVIDE FOR ACTIVITIES IN THE STATES OF NEW MEXICO, ARIZONA, COLORADO, TEXAS, OKLAHOMA, AND KANSAS, AND THE CORONADO CUARTO CENTENNIAL COMMISSION CAN BE ENTRUSTED WITH PARTS OF THE PROGRAM WHICH WILL INVOLVE ACTIVITIES IN ALL THESE STATES. UNDER THE TERMS OF CHAPTER 26 OF THE 1935 SESSION LAWS OF NEW MEXICO, PROVIDED THE GENERAL ACCOUNTING OFFICE RULES THAT ALLOCATION OF FUNDS CAN BE MADE TO THE CORONADO CUARTO CENTENNIAL COMMISSION OR TO THE NEW MEXICO FOURTH CENTENNIAL CORPORATION OR TO EITHER, CAN THE CORONADO CUARTO CENTENNIAL COMMISSION OR THE FOURTH CENTENNIAL CORONADO CORPORATION CARRY ON THE PROGRAM AND EXPEND ITS FUNDS IN STATES OTHER THAN NEW MEXICO, IN VIEW OF THE AUTHORITY GRANTED TO IT BY THE NEW MEXICO LEGISLATURE?

AS THERE CAN BE NO DOUBT BUT THAT THE CONGRESS, IN ENACTING THE PROVISION IN SECTION 5 OF THE ACT OF JULY 17, 1939, AUTHORIZING THE UNITED STATES CORONADO EXPOSITION COMMISSION "TO ALLOCATE SUCH SUMS TO THE SAID CORONADO CUATRO CENTENNIAL COMMISSION FOR EXPENDITURE AS THE COMMISSION DEEMS NECESSARY AND PROPER IN CARRYING OUT THE PURPOSES OF THIS ACT" INTENDED TO DESIGNATE THE CORPORATION ESTABLISHED BY THE STATE OF NEW MEXICO, I HAVE TO ADVISE THAT FUNDS APPROPRIATED BY THE CONGRESS TO CARRY OUT THE PROVISIONS OF THE SAID ACT OF JULY 17, 1939, MAY BE ALLOCATED, SUBJECT TO THE PROVISIONS AND CONDITIONS OF THAT ACT, TO THE CORONADO CUARTO CENTENNIAL COMMISSION, THE SAME AS THOUGH THE TITLE OR NAME OF THE CORPORATION HAD BEEN CORRECTLY STATED IN SAID ACT. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

AS TO YOUR SECOND QUESTION, SINCE THE CORPORATION WAS CREATED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO AND IS NOT AN AGENCY OF THE FEDERAL GOVERNMENT IT IS NOT FOR THIS OFFICE TO DETERMINE WHETHER IT CAN LAWFULLY OPERATE OUTSIDE THE BOUNDARIES OF THAT STATE. THAT WOULD APPEAR TO BE A MATTER MORE PROPERLY FOR DETERMINATION BY THE LOCAL AUTHORITIES OF THE STATES IN WHICH IT MAY UNDERTAKE TO OPERATE. HOWEVER, IT IS NOTED THAT IN SECTION 4 OF THE NEW MEXICO STATUTE OF FEBRUARY 14, 1935, ESTABLISHING THE CORPORATION, SPECIFIC AUTHORITY IS GIVEN FOR THE CORPORATION TO MAINTAIN OFFICES EITHER AT ALBUQUERQUE OR SANTA FE, N.MEX., AND "AT SUCH OTHER PLACE OR PLACES IN THE UNITED STATES AS SHALL BE DECIDED UPON BY THE BOARD OF DIRECTORS OF SUCH CORPORATION," AND THERE APPEARS NOTHING IN THE ACT OF JULY 17, 1939, REQUIRING THAT THE FEDERAL FUNDS ALLOCATED TO THE CORPORATION BE EXPENDED WITHIN THE STATE OF NEW MEXICO, ONLY. ACCORDINGLY, THIS OFFICE WOULD NOT QUESTION OTHERWISE PROPER ALLOCATION TO THE CORPORATION SOLELY ON THE GROUND THAT SOME PART OF THE FUNDS ALLOCATED WERE INTENDED TO BE EXPENDED FOR PURPOSES OF THE EXPOSITION OUTSIDE OF THE STATE OF NEW MEXICO.