B-7763, JANUARY 11, 1940, 19 COMP. GEN. 633

B-7763, JANUARY 11, 1940, 19 COMP. GEN. 633

APPROPRIATIONS - CONTINGENT - USE OF OTHER LESS SPECIFIC APPROPRIATION FOR ARTICLES USED IN EXECUTIVE DEPARTMENT IN WASHINGTON MUSEUM, DISPLAY, OR MODEL CASES FOR USE IN WASHINGTON FOR HOLDING SPECIMENS COLLECTED IN GEOLOGICAL SURVEY FIELD EXAMINATIONS, COME UNDER EITHER THE PROVISION FOR "FURNITURE" OR "OTHER CASES" IN THE APPROPRIATION FOR "CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR, 1940," AND HENCE THE USE OF THE 1940 APPROPRIATION FOR EXPENSES OF THE GEOLOGICAL SURVEY, WHICH DOES NOT SPECIFICALLY PROVIDE FOR CASES OR OTHER FURNITURE, FOR THE PURCHASE OF SUCH EQUIPMENT IS PRECLUDED BOTH BY THE ACT OF AUGUST 23, 1912, 37 STAT. 414--- PROHIBITING THE PURCHASE FROM ANY OTHER FUND OF ARTICLES TO BE USED IN AN EXECUTIVE DEPARTMENT IN WASHINGTON, D.C., WHICH COULD BE MADE FROM THE REGULAR CONTINGENT FUNDS OF THE DEPARTMENT INVOLVED --- AND BY THE GENERAL RULE THAT A SPECIFIC APPROPRIATION FOR A PARTICULAR OBJECT OR CLASS OF SUPPLIES PRECLUDES THE USE OF A MORE GENERAL APPROPRIATION THEREFOR.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, JANUARY 11, 1940:

I HAVE YOUR LETTER OF DECEMBER 22, 1939, AS FOLLOWS:

YOUR DECISION IS REQUESTED AS TO WHETHER THE GEOLOGICAL SURVEY'S APPROPRIATION FOR GEOLOGIC SURVEYS IS AVAILABLE TO PURCHASE FOR USE IN WASHINGTON, D.C., CASES FOR HOLDING MINERAL SPECIMENS AND FOSSILS THAT ARE COLLECTED BY GEOLOGISTS IN THE COURSE OF THEIR FIELD EXAMINATIONS AND BROUGHT TO THE WASHINGTON OFFICE FOR STUDY AND ANALYSIS. THESE CASES ARE CONSIDERED BY THIS DEPARTMENT TO BE SPECIAL EQUIPMENT NEEDED IN WORK DIRECTLY RELATED TO THE CONDUCT OF GEOLOGIC SURVEYS.

THE APPROPRIATION FOR CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR, 1940, ACT OF MAY 10, 1939, PUBLIC, NO. 68, PROVIDES IN PART AS FOLLOWS:

FOR CONTINGENT EXPENSES OF THE OFFICE OF THE SECRETARY AND THE BUREAUS AND OFFICES OF THE DEPARTMENT; FURNITURE * * * CONSTRUCTING MODEL AND OTHER CASES AND FURNITURE; * * *

THE APPROPRIATION FOR EXPENSES OF THE UNITED STATES GEOLOGICAL SURVEY FOR 1940, IN THE SAME ACT, CONTAINS NO SPECIFIC PROVISION FOR CASES OR OTHER FURNITURE.

THE ACT OF AUGUST 23, 1912, 37 STAT. 414, PROVIDES:

* * * HEREAFTER THERE SHALL NOT BE PURCHASED OUT OF ANY OTHER FUND ANY ARTICLE FOR USE IN ANY OFFICE OR BUREAU OF ANY EXECUTIVE DEPARTMENT IN WASHINGTON, DISTRICT OF COLUMBIA, WHICH COULD BE PURCHASED OUT OF THE APPROPRIATIONS MADE FOR THE REGULAR CONTINGENT FUNDS OF SUCH DEPARTMENT OR OF ITS OFFICES OR BUREAUS.

YOUR SUBMISSION DOES NOT DESCRIBE THE "CASES" PROPOSED TO BE ACQUIRED BUT IT IS PRESUMED THEY ARE SIMILAR TO WHAT ARE USUALLY KNOWN AS MUSEUM, DISPLAY, OR MODEL CASES. IF SUCH BE THE CASE, THEY WOULD COME WITHIN EITHER THE GENERAL HEAD OF FURNITURE OR THE TERM "OTHER CASES.' AND AS THE CONTINGENT EXPENSE APPROPRIATION, SUPRA, IS SPECIFICALLY AVAILABLE FOR THE PURCHASE OF SUCH EQUIPMENT FOR THE BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR, THE USE OF THE APPROPRIATION OF THE GEOLOGICAL SURVEY FOR THE PROCUREMENT OF SUCH EQUIPMENT IS PRECLUDED BOTH BY THE PROVISIONS OF THE ACT OF AUGUST 23, 1912, SUPRA, AND BY THE GENERAL RULE THAT A SPECIFIC APPROPRIATION FOR A PARTICULAR OBJECT OR CLASS OF SUPPLIES PRECLUDES THE USE OF A MORE GENERAL APPROPRIATION THEREFOR. SEE 7 COMP. GEN. 474; 17 ID. 1050; 19 ID. 167.