MARCH 19, 1924, 3 COMP. GEN. 661

MARCH 19, 1924, 3 COMP. GEN. 661

TRAVELING EXPENSES - TIPS - PURCHASE OF DRINKING WATER TIPS TO LOUNGE STEWARDS AND BOOT STEWARDS ON AN OCEAN LINER ARE CONSIDERED PERSONAL AND NOT AS NECESSARY INCIDENTS TO TRANSPORTATION WITHIN THE CONTEMPLATION OF THE REGULATION ALLOWANCES. THE STATEMENT OF A LOCAL REPUTABLE PHYSICIAN THAT AN ANALYSIS SHOWED THAT THE PUBLIC WATER SUPPLY OF A FOREIGN CITY CONTAINED DISEASE GERMS, BUT WHICH WAS NOT ADMITTED BY THE CITY AUTHORITIES, NOT CONSIDERED SUFFICIENT EVIDENCE TO WARRANT REIMBURSEMENT FOR THE PURCHASE OF MINERAL WATER FOR DRINKING PURPOSES.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 19, 1924:

WILLIAM DAWSON, CONSUL GENERAL AT LARGE, REQUESTED JANUARY 12, 1924, A REVIEW OF SETTLEMENT PER CERTIFICATE NO. C-4297, DATED DECEMBER 17, 1923, WHEREIN THERE WERE DISALLOWED TIPS TO STEWARDS IN THE AMOUNT OF $2.99, SET OUT ON DIFFERENCE SHEET AS FOLLOWS:

TABLE

SETTLEMENT NO. C-1894-S, OCTOBER 1, 1922, TO MARCH 31, 1923.

TRANSPORTATION, U.S. CONSULATES, 1923. CHARGES IN TRAVELING ACCOUNT FROM WASHINGTON TO PERNAMBUCO:

NOV. 2, TIPS TO LOUNGE STEWARD ------------------------- $2.00

DEC. 9, TIPS TO CHIEF STEWARD -------------------------- .52

DEC. 23, TIPS TO CHIEF STEWARD ------------------------- .47

----- CHARGES OF THIS NATURE ARE CONSIDERED PERSONAL. DISALLOWED, $2.99.

WITH REFERENCE TO THESE DISALLOWANCES, ALSO TO SUSPENSIONS IN SETTLEMENT C-4297-S, FOR TIPS TO CHIEF STEWARD, BAGGAGE STEWARD, AND BOOT STEWARD, THE OFFICER STATES IN HIS REQUEST FOR REVIEW:

* * * AS CONSUL GENERAL AT LARGE, I TRAVEL ON A LARGE NUMBER OF VESSELS, MANY OF WHICH ARE GREATLY LACKING IN COMFORT. IN MOST CASES, AGENTS, OFFICERS, AND STEWARDS OF VESSELS MAKE AN EFFORT TO GIVE ME SPECIAL CONSIDERATION AND ASSIST ME IN THE PERFORMANCE OF MY OFFICIAL WORK, A VERY IMPORTANT PART OF WHICH IS ACTUALLY DONE ON VESSELS AT NO SMALL SAVING OF TIME AND EXPENSE TO THE GOVERNMENT. SPECIAL SERVICES AND ATTENTION, WHICH ARE OFTEN INDISPENSABLE, MUST UNDER THE GENERALLY RECOGNIZED CUSTOMS OF OCEAN TRAVEL BE RECOGNIZED IN THE DISTRIBUTION OF GRATUITIES. SUCH TIPS ARE USUAL AND NECESSARY. THE TRAVEL REGULATIONS ENTITLE AN OFFICER TO REIMBURSEMENT FOR USUAL AND NECESSARY TIPS TO STEWARDS ON VESSELS.

THE TRAVEL REGULATIONS OF THE DEPARTMENT OF STATE, 1919, PROVIDE, PARAGRAPH 1 (G), FOR THE USUAL AND NECESSARY TIPS, AND PARAGRAPH 8, FOR CUSTOMARY FEES TO STEWARDS ON VESSELS, ETC. TIPS TO BOOT STEWARDS AND LOUNGE STEWARDS, HOWEVER, ARE NOT CONSIDERED AS NECESSARY INCIDENTS TO TRANSPORTATION WITHIN CONTEMPLATION OF REGULATION ALLOWANCES, BUT AS PERSONAL AND NOT PROPER CHARGES AGAINST THE GOVERNMENT. DECISION FEBRUARY 12, 1923, 18 MS. COMP. GEN., 564; APRIL 26, 1923, 20 MS. COMP. GEN., 1052.

UPON REVIEW, CERTIFICATE PER SETTLEMENT NO. C-4297'S IS MODIFIED SO AS TO AFFIRM THE DISALLOWANCE OF TIPS TO LOUNGE STEWARDS, AMOUNTING TO $2, AND TO REMOVE THE DISALLOWANCE OF TIPS TO CHIEF STEWARDS, AMOUNTING TO 99 CENTS.

IN SETTLEMENT NO. C-4297'S OF THE OFFICER'S ACCOUNTS, APRIL 1 TO JUNE 30, 1923, THERE WERE SUSPENDED ALSO EXPENDITURES FOR MINERAL WATER WHILE STOPPING AT THE ROYAL HOTEL, VALPARAISO, AND THE GRAN HOTEL, LA SERENA, CHILE, DURING MAY AND JUNE. OUR SUBVOUCHERS COVERING BOARD AND LODGING, THE OFFICER HAS NOTED ON BILL OF THE GRANHOTEL, LA SERENA, WITH RESPECT TO CHARGE FOR MINERAL WATER: "WATER NOT SAFE; " ON ONE BILL FOR ROYAL HOTEL, VALPARAISO: "MINERAL WATER CHARGED FOR, FOR THE REASON THAT I AM INFORMED THAT THE CITY WATER IS NOT SAFE TO DRINK; " AND ON TWO OTHERS FOR SAME HOTEL: "MINERAL WATER CHARGED IN ACCOUNT BECAUSE CITY WATER NOT SAFE TO RINK; ANALYSIS SHOWS TYPHOID AND DYSENTERY GERMS.'

THE OFFICER SAYS THAT THE INFORMATION THAT ANALYSIS SHOWED THE PUBLIC WATER SUPPLY OF VALPARAISO CONTAINED GERMS OF CERTAIN DISEASES WAS FURNISHED HIM BY A REPUTABLE PHYSICIAN, WHO STATED, HOWEVER, THAT THE AUTHORITIES DID NOT ADMIT THAT THE WATER WAS POLLUTED. THE OFFICER STATES FURTHER:

* * * I DESIRE TO POINT OUT THAT MY INSPECTION DISTRICT COMPRISES SOUTH AND CENTRAL AMERICA AND THAT DURING MY RECENT TRIP IN SOUTH AMERICA I FOUND IT NECESSARY TO USE MINERAL WATER AT TWO OR THREE POSTS ONLY. CONDITIONS IN THAT PORTION OF MY DISTRICT ARE, HOWEVER, MATERIALLY BETTER THAN IN CENTRAL AMERICA AND THE NORTH COAST OF SOUTH AMERICA, FOR WHICH I SHALL DEPART IN THE COURSE OF THE CURRENT MONTH. I SHALL UNDOUBTEDLY BE COMPELLED TO USE MINERAL WATER AT A LARGE NUMBER OF POSTS. MANY OF THE POINTS TO BE VISITED HAVE NO PUBLIC WATER SUPPLY WHATEVER. MANY HAVE, NO DOUBT, NO HEALTH AUTHORITIES COMPETENT TO ISSUE A CERTIFICATE TOUCHING THE WATER SUPPLY. EVEN WHERE THERE ARE HEALTH AUTHORITIES AND A PUBLIC WATER SUPPLY EXISTS, IT IS DOUBTFUL IF THE AUTHORITIES COULD BE PREVAILED UPON TO ISSUE FOR THE USE OF A FOREIGN OFFICIAL A CERTIFICATE TO THE EFFECT THAT THE WATER IS NOT WHOLESOME. SUCH A CERTIFICATE, IF OBTAINABLE AT ALL, COULD BE PROCURED ONLY AFTER CONSIDERABLE EFFORT INVOLVING LOSS OF TIME AND EXPENDITURE. QUITE ASIDE FROM THE QUESTION OF FEES WHICH WOULD PROBABLY BE COLLECTED FOR ANY CERTIFICATE ISSUED, THE TIME WHICH I SHOULD HAVE TO DIVERT FROM MY WORK IS AN IMPORTANT ITEM WHEN IT IS CONSIDERED THAT MY COMPENSATION IS $5,000 PER ANNUM AND THAT I RECEIVE SUBSISTENCE FOR EACH DAY SPENT ABROAD.

FOR THE REASONS ADDUCED, I TRUST THE GENERAL ACCOUNTING OFFICE WILL IN FUTURE ACCEPT MY STATEMENT THAT MINERAL WATER IS CHARGE FOR ONLY WHEN THE WATER FURNISHED GRATUITOUSLY IS NOT WHOLESOME. * * *.

THE TRAVEL REGULATIONS PROVIDE, UNDER THE CAPTION OF "SUBSISTENCE," PARAGRAPH 15:

(G) DRINKING WATER, WHEN NECESSARY, AS HEREINAFTER DEFINED AND LIMITED.

AND PARAGRAPH 22:

DRINKING WATER SHALL NOT BE CHARGED EXCEPT WHEN NO DRINKING WATER IS FURNISHED GRATIS AND WHEN THAT FURNISHED FREE IS NOT SAFE TO DRINK.

THE PROVISIONS ARE FOR ACTUAL EXPENSES OF SUBSISTENCE, AND THE AUTHORIZATION OF CHARGES FOR DRINKING WATER IS A CONDITIONAL ONE. IN THE ABSENCE OF ANY NOTICE OR WARNING TO ITS GUESTS TO THE CONTRARY, IT WOULD SEEM REASONABLE TO ASSUME THAT THE DRINKING WATER FURNISHED GRATUITOUSLY AS AN INCIDENT TO SERVICE IN A HOTEL IN A CITY LIKE VALPARAISO OR LA SERENA WAS NOT UNWHOLESOME. THE OFFICER'S STATEMENT THAT A REPUTABLE PHYSICIAN INFORMED HIM THAT ANALYSIS SHOWED THE PUBLIC WATER SUPPLY OF VALPARAISO TO CONTAIN GERMS OF CERTAIN DISEASES, BUT THAT THE AUTHORITIES OF THE CITY DID NOT ADMIT THE WATER WAS POLLUTED, WILL NOT BE ACCEPTED AS EVIDENCE WARRANTING THIS OFFICE IN REMOVING THE SUSPENSIONS IN QUESTION. SEE 2 COMP. GEN., 750. IN THE ABSENCE, THEREFORE, OF MORE CONCLUSIVE EVIDENCE AS TO THE UNWHOLESOMENESS OF THE PUBLIC WATER SUPPLY, THE CHARGES COVERED BY THE SUSPENSIONS IN QUESTION WILL BE DISALLOWED.

WITH RESPECT TO CHARGES THAT MAY BE INCURRED IN THE FUTURE FOR MINERAL WATER, IT MAY BE SAID THAT THE NECESSITY FOR SUCH CHARGES, IN ORDER THAT CREDIT FOR THEM IN THE OFFICER'S ACCOUNTS BE ALLOWED BY THIS OFFICE, SHOULD BE SUPPORTED BY CORROBORATIVE EVIDENCE AND NOT REST UPON THE OFFICER'S STATEMENT ALONE.