A-36555, JULY 28, 1931, 11 COMP. GEN. 36

A-36555, JULY 28, 1931, 11 COMP. GEN. 36

OATHS TO EXPENSE ACCOUNTS - CLERKS DESIGNATED BY CHIEF CLERKS THE AUTHORITY IN SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, FOR THE ADMINISTERING OF OATHS TO EXPENSE ACCOUNTS, IN ADDITION TO OTHER OFFICIALS NAMED THEREIN, BY "CLERKS DESIGNATED BY" CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, IS APPLICABLE ONLY TO CLERKS UNDER THE JURISDICTION OF, OR RESPONSIBLE TO, THE CHIEF CLERK BY WHOM THEY ARE DESIGNATED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, JULY 28, 1931:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 25 AND JUNE 19, 1931, REQUESTING RECONSIDERATION OF THE DECISION OF THIS OFFICE OF MAY 13, 1931, 10 COMP. GEN. 522, WHEREIN IT WAS HELD THAT MR. S. W. CROSTHWAIT, CHIEF, ADMINISTRATIVE SECTION, AERONAUTICS BRANCH, DEPARTMENT OF COMMERCE, WAS NOT AUTHORIZED TO ADMINISTER OATHS TO ACCOUNTS FOR TRAVEL AND OTHER EXPENSES AGAINST THE UNITED STATES. IN YOUR LETTER OF JUNE 19, 1931, YOU FORWARDED COPY OF THE FORMAL DESIGNATION OF MR. CROSTHWAIT TO ADMINISTER OATHS, AS FOLLOWS:

APRIL 7, 1928. DIRECTOR OF AERONAUTICS:

IN ACCORDANCE WITH YOUR RECOMMENDATION OF APRIL 3, MR. S. W. CROSTHWAIT IS HEREBY AUTHORIZED TO ADMINISTER OATHS TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES.

(S) E. W. LIBBEY,

E. CHIEF CLERK.

SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, PROVIDES:

AFTER JUNE THIRTIETH, NINETEEN HUNDRED AND TWELVE, POSTMASTERS, ASSISTANT POSTMASTERS, COLLECTORS OF CUSTOMS, COLLECTORS OF INTERNAL REVENUE, CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE, THE SUPERINTENDENT, THE ACTING SUPERINTENDENT, CUSTODIAN, AND PRINCIPAL CLERKS OF THE VARIOUS NATIONAL PARKS AND OTHER GOVERNMENT RESERVATIONS, SUPERINTENDENT, ACTING SUPERINTENDENTS, AND PRINCIPAL CLERKS OF THE DIFFERENT INDIAN SUPERINTENDENCIES OR INDIAN AGENCIES, AND CHIEFS OF FIELD PARTIES, ARE REQUIRED, EMPOWERED, AND AUTHORIZED, WHEN REQUESTED, TO ADMINISTER OATHS, REQUIRED BY LAW OR OTHERWISE, TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES, WITH LIKE FORCE AND EFFECT AS OFFICERS HAVING A SEAL; FOR SUCH SERVICES WHEN SO RENDERED, OR WHEN RENDERED ON DEMAND AFTER SAID DATE BY NOTARIES PUBLIC, WHO AT THE TIME ARE ALSO SALARIED OFFICERS OR EMPLOYEES OF THE UNITED STATES, NO CHARGE SHALL BE MADE; AND ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND TWELVE, NO FEE OR MONEY PAID FOR THE SERVICES HEREIN DESCRIBED SHALL BE PAID OR REIMBURSED BY THE UNITED STATES.

THE PROVISIONS OF THE FOREGOING ACT OF 1912 HAVE BEEN CONSIDERED BY THIS OFFICE ON NUMEROUS OCCASIONS, AND IN THE DECISION REPORTED IN 3 COMP. GEN. 195, THERE WERE SET FORTH REASONS WHY SAID PROVISIONS MAY NOT BE ENLARGED OR EXTENDED BY CONSTRUCTION. SEE ALSO 10 COMP. GEN. 371. AS FURTHER EVIDENCE THAT THE CONGRESS INTENDED TO RESTRICT THE AUTHORITY TO ADMINISTER OATHS TO THOSE OFFICERS SPECIFICALLY NAMED AND UNDER THE CONDITIONS PRESCRIBED IN THE ACT OF 1912, ATTENTION IS INVITED TO THE FACT THAT IN SEVERAL INSTANCES THE CONGRESS HAS EXTENDED AUTHORITY TO ADMINISTER OATHS UNDER DIFFERENT CONDITIONS TO OFFICERS AND EMPLOYEES NOT SPECIFICALLY NAMED IN THE ACT OF 1912. SEE SECTION 7, ACT OF MARCH 3, 1915, 38 STAT. 928, EXTENDING AND ENLARGING THE PROVISIONS OF SECTION 8 OF THE 1912 ACT TO THE LIGHTHOUSE SERVICE; ACT OF MARCH 4, 1917, 39 STAT. 1171, AUTHORIZING CERTAIN NAVAL OFFICERS TO ADMINISTER OATHS FOR THE PURPOSE OF THE ADMINISTRATION OF NAVAL JUSTICE AND ADMINISTRATION; AND THE ACT OF APRIL 2, 1928, 45 STAT. 401, RELATING TO THE ADMINISTERING OF OATHS GENERALLY BY EMPLOYEES OF THE UNITED STATES CUSTOMS SERVICE. SEE ALSO 10 COMP. GEN. 180.

IT WAS HELD IN DECISION OF 10 COMP. GEN. 522, THAT MR. CROSTHWAIT UNDER HIS TITLE AS CHIEF, ADMINISTRATIVE SECTION, AERONAUTICS BRANCH, WAS NOT A CHIEF CLERK OF AN EXECUTIVE DEPARTMENT OR BUREAU WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912. YOU NOW ASSERT HIS QUALIFICATIONS TO ADMINISTER OATHS BY REASON OF HIS FORMAL DESIGNATION FOR THAT PURPOSE BY THE CHIEF CLERK OF YOUR DEPARTMENT. THE ACT OF 1912, SUPRA, AUTHORIZES OATHS TO BE ADMINISTERED BY "CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE. * * *" SEE 6 COMP. GEN. 849. THE ONLY PERSON WHO MAY BE DESIGNATED TO ACT IN LIEU OF A CHIEF CLERK IS A CLERK. OBVIOUSLY, SUCH CLERK MUST BE ONE UNDER THE JURISDICTION OF AND RESPONSIBLE TO THE CHIEF CLERK BY WHOM HE IS TO BE DESIGNATED, AND YOU HAVE STATED THAT "THERE IS NO CONNECTION BETWEEN THE DUTIES OF MR. CROSTHWAIT AND THOSE OF THE CHIEF CLERK OTHER THAN LIAISON MATTERS BETWEEN THE TWO OFFICERS.' THEREFORE, IT MUST BE HELD THAT THERE IS NO AUTHORITY IN THE ACT OF AUGUST 24, 1912, FOR THE CHIEF CLERK OF YOUR DEPARTMENT TO DESIGNATE MR. CROSTHWAIT TO ADMINISTER OATHS.

UPON RECONSIDERATION, THE DECISION OF MAY 13, 1931, MUST BE AND IS AFFIRMED.