A-24687, JANUARY 12, 1929, 8 COMP. GEN. 355

A-24687, JANUARY 12, 1929, 8 COMP. GEN. 355

APPROPRIATIONS - TRAVELING EXPENSES THE APPROPRIATION FOR MISCELLANEOUS AND CONTINGENT EXPENSES, METROPOLITAN POLICE, DISTRICT OF COLUMBIA, AS MADE IN THE ACT OF MARCH 2, 1927, 44 STAT. 1317, WHICH DOES NOT SPECIFICALLY PROVIDE FOR TRAVELING EXPENSES, IS NOT AVAILABLE FOR SUCH EXPENSES UNLESS IT IS CLEARLY SHOWN THAT THE TRAVEL WAS NECESSARY TO THE ACCOMPLISHMENT OF SOME OBJECT OR PURPOSE SPECIFICALLY PROVIDED FOR IN THE APPROPRIATION. (AFFIRMED BY 8 COMP. GEN. 641.)

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 12, 1929:

REVIEW HAS BEEN REQUESTED OF THE SETTLEMENT OF THIS OFFICE DISALLOWING CREDIT IN THE ACCOUNTS OF J. R. LUSBY, DISBURSING OFFICER, DISTRICT OF COLUMBIA, FOR $44.84 PAID ON VOUCHER 99329 TO E. W. BROWN, INSPECTOR, METROPOLITAN POLICE, AS REIMBURSEMENT OF TRAVELING EXPENSES INCURRED ON A TRIP TO NEW YORK CITY AND RETURN DURING THE MONTH OF JANUARY, 1928, THE PAYMENT HAVING BEEN MADE FROM THE APPROPRIATION FOR MISCELLANEOUS AND CONTINGENT EXPENSES, METROPOLITAN POLICE.

IN THE REQUEST FOR REVIEW THE DISBURSING OFFICER SAID:

ON NOVEMBER 5, 1926 (A-16110), THE COMPTROLLER GENERAL OF THE UNITED STATES HELD THAT APPROPRIATIONS GENERALLY WERE NOT AVAILABLE FOR PAYING TRAVEL EXPENSES BUT THAT THERE MUST BE SPECIFIC AUTHORIZATION FOR TRAVEL OR THAT THE APPROPRIATION MUST BY NECESSARY IMPLICATION PROVIDE FOR SAME. SUBSEQUENT TO THAT DECISION A RECONSIDERATION DECISION WAS RENDERED UNDER DATE OF NOVEMBER 19, 1926, PERMITTING TRAVEL IN CERTAIN CASES WHERE NOT SPECIFICALLY PROVIDED FOR IN THE APPROPRIATION. IT WAS UNDERSTOOD, HOWEVER, BY THE FIRST DECISION THAT THERE WAS NO OBJECTION TO THE CHARGING OF TRAVEL AGAINST THE CONTINGENT EXPENSES OF THE METROPOLITAN POLICE, IN VIEW OF THE DECISION RENDERED BY THE FORMER COMPTROLLER OF THE TREASURY IN 17 COMP. DEC. 153. SINCE THE QUESTION HAS BEEN RAISED BY THIS SUSPENSION, IT IS EARNESTLY REQUESTED THAT CAREFUL CONSIDERATION BE GIVEN TO THIS CASE WITH A VIEW OF DETERMINING DEFINITELY WHETHER OR NOT IT WILL BE NECESSARY TO OBTAIN LEGISLATIVE AUTHORITY FOR SUCH TRAVEL WHEN REQUIRED IN THE PREVENTION AND DETECTION OF CRIME.

THE APPROPRIATION FOR MISCELLANEOUS AND CONTINGENT EXPENSES, METROPOLITAN POLICE, DISTRICT OF COLUMBIA, AS MADE IN THE ACT OF MARCH 2, 1927, 44 STAT. 1317, AS IN THE FOLLOWING LANGUAGE:

FOR MISCELLANEOUS AND CONTINGENT EXPENSES, INCLUDING REWARDS FOR FUGITIVES, PURCHASE OF MODERN REVOLVERS AND OTHER FIREARMS, MAINTENANCE OF CARD SYSTEM, STATIONERY, CITY DIRECTORIES, BOOKS OF REFERENCE, PERIODICALS, TELEGRAPHING, TELEPHONING, PHOTOGRAPHS, PRINTING, BINDING, GAS, ICE, WASHING, MEALS FOR PRISONERS, NOT TO EXCEED $200 FOR CAR TICKETS, FURNITURE AND REPAIRS THERETO, BEDS AND BED CLOTHING, INSIGNIA OF OFFICE, MOTOR CYCLES, POLICE EQUIPMENTS AND REPAIRS TO SAME, REPAIRS TO VEHICLES, VAN, PATROL WAGONS, AND SADDLES, MOUNTED EQUIPMENT, FLAGS AND HALYARDS, STORAGE OF STOLEN OR ABANDONED PROPERTY, AND EXPENSES INCURRED IN PREVENTION AND DETECTION OF CRIME, AND OTHER NECESSARY EXPENSE, $60,000, OF WHICH AMOUNT A SUM NOT EXCEEDING $2,000 MAY BE EXPENDED BY THE MAJOR AND SUPERINTENDENT OF POLICE FOR PREVENTION AND DETECTION OF CRIME, UNDER HIS CERTIFICATE, APPROVED BY THE COMMISSIONERS, AND EVERY SUCH CERTIFICATE SHALL BE DEEMED A SUFFICIENT VOUCHER FOR THE SUM THEREIN EXPRESSED TO HAVE BEEN EXPENDED: PROVIDED, THAT THE WAR DEPARTMENT MAY, IN ITS DISCRETION, FURNISH THE COMMISSIONERS, FOR USE OF THE POLICE, UPON REQUISITION, SUCH WORN MOUNTED EQUIPMENT AS MAY BE REQUIRED.

AS THE ACTIVITIES APPROPRIATED FOR IN THE APPROPRIATIONS FOR THE DISTRICT OF COLUMBIA ARE FOR THE MOST PART ESSENTIALLY LOCAL TO THE DISTRICT, THERE CAN BE NO PRESUMPTION OF NECESSITY FOR TRAVEL. HENCE, IN THE ABSENCE OF SPECIFIC AUTHORITY FOR TRAVEL IN THE APPROPRIATION, CREDIT WILL NOT BE ALLOWED FOR ANY PAYMENT IN REIMBURSEMENT OF TRAVELING EXPENSES UNLESS A SATISFACTORY SHOWING IS MADE THAT THE TRAVEL WAS NECESSARY TO THE ACCOMPLISHMENT OF AN OBJECT OR PURPOSE SPECIFICALLY PROVIDED FOR IN THE APPROPRIATION. 6 COMP. GEN. 318. THE CASE IN 17 COMP. DEC. 153, REFERRED TO IN THE REQUEST FOR REVIEW, INVOLVED TRAVELING EXPENSES OF A DETECTIVE WHO WAS SHOWN TO HAVE TRAVELED BETWEEN WASHINGTON, D.C., AND CAMDEN, N.J., TO ATTEND A HEARING BEFORE A UNITED STATES COMMISSIONER IN THE CASE OF AN ALLEGED FUGITIVE FROM JUSTICE CHARGED WITH HAVING COMMITTED A CRIME IN THE DISTRICT OF COLUMBIA, AND IT WAS CORRECTLY HELD THEREIN THAT SUCH EXPENSES WERE PAYABLE FROM THE APPROPRIATION FOR THE METROPOLITAN POLICE, AS THE TRAVEL WAS SHOWN TO HAVE BEEN NECESSARY IN THE "PREVENTION AND DETECTION OF CRIME," AN ACTIVITY SPECIFICALLY PROVIDED FOR IN THE APPROPRIATION. NEITHER THAT DECISION NOR THE DECISIONS OF THIS OFFICE, 6 COMP. GEN. 318, OR A-16110, AUTHORIZED THE USE OF THE MISCELLANEOUS AND CONTINGENT EXPENSE APPROPRIATIONS OF THE METROPOLITAN POLICE FOR TRAVELING EXPENSES WITHOUT A SHOWING THAT THE TRAVEL WAS NECESSARY IN FURTHERANCE OF SOME OBJECT OR PURPOSE SPECIFICALLY PROVIDED FOR IN THE APPROPRIATION.

THE ORDER OF JANUARY 21, 1928, UNDER WHICH THE TRAVEL BY BROWN WAS PERFORMED, MERELY DIRECTED HIM TO PROCEED TO NEW YORK CITY AND PHILADELPHIA AND RETURN "ON BUSINESS CONNECTED WITH THE METROPOLITAN POLICE DEPARTMENT.' NO FURTHER EXPLANATION IS FOUND IN THE VOUCHER NOR HAS ANY SINCE BEEN SUBMITTED. THIS IS NOT A SUFFICIENT SHOWING TO ESTABLISH THAT THE TRAVEL WAS NECESSARY TO THE ACCOMPLISHMENT OF ANY OBJECT OR PURPOSE SPECIFICALLY PROVIDED FOR IN THE APPROPRIATION IN QUESTION. ACCORDINGLY, CREDIT CAN NOT BE ALLOWED FOR SUCH PAYMENT ON THE RECORD AND FACTS SUBMITTED.