AUGUST 19, 1922, 2 COMP. GEN. 133

AUGUST 19, 1922, 2 COMP. GEN. 133

USE OF AIRPLANE MAIL SERVICE APPROPRIATIONS FOR BUILDINGS THE OPERATION AND MAINTENANCE OF AIRPLANE MAIL SERVICE BETWEEN NEW YORK AND SAN FRANCISCO VIA CHICAGO, ILL., AND OMAHA, NEBR., HAVING BEEN AUTHORIZED BY A SPECIAL APPROPRIATION THEREFOR IN THE ACT OF JUNE 19, 1922, 42 STAT., 657, SUCH APPROPRIATION MUST BE HELD AVAILABLE FOR EXPENDITURES ABSOLUTELY ESSENTIAL TO SUCH SERVICE, AND IF IT IS A FACT THAT IT WILL BE IMPOSSIBLE TO MAINTAIN AND OPERATE THE AIRPLANE MAIL SERVICE VIA CHICAGO DURING THE YEAR FOR WHICH THE APPROPRIATION WAS MADE WITHOUT THE ERECTION OF HANGARS, SHOPS, AND STOREHOUSES ON THE LANDING FIELD AT CHICAGO, THE ERECTION OF SUCH FACILITIES IS AUTHORIZED NOTWITHSTANDING THE GENERAL RESTRICTION ON THE ERECTION OF PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS NOT SPECIALLY APPROPRIATED FOR. COMP. GEN. 14, MODIFIED.)

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, AUGUST 19, 1922:

I HAVE YOUR LETTER OF AUGUST 10, 1922, REQUESTING A RECONSIDERATION OF MY DECISION OF JULY 12, 1922, 2 COMP. GEN., 14, TO THE EFFECT THAT THE APPROPRIATION MADE IN THE ACT OF JUNE 19, 1922, 42 STAT., 657, FOR THE OPERATION AND MAINTENANCE OF AIRPLANE MAIL SERVICE BETWEEN NEW YORK AND SAN FRANCISCO VIA CHICAGO AND OMAHA IS NOT AVAILABLE FOR THE ERECTION OF BUILDINGS (HANGARS, SHOPS, AND STOREHOUSES) OF A MORE OR LESS PERMANENT NATURE ON ONE OR MORE OF THE LANDING FIELDS ESTABLISHED IN CONNECTION WITH SAID AIRPLANE MAIL SERVICE.

YOUR LETTER OF AUGUST 10 PARTAKES MORE OF THE NATURE OF A NEW SUBMISSION THAN OF A REQUEST FOR RECONSIDERATION, AS IT RELATES ONLY TO THE LANDING FIELD AT CHICAGO AND SETS FORTH MATERIAL FACTS WHICH WERE NOT BEFORE ME WHEN THE DECISION OF JULY 12, 1922, WAS RENDERED.

THE NEW FACTS ARE THAT THE LANDING FIELD AT CHICAGO, WHICH WAS ESTABLISHED UNDER AUTHORITY OF THE ACT OF APRIL 24, 1920, 41 STAT., 579, AND ON WHICH THE NECESSARY BUILDINGS WERE ERECTED, WAS ON RENTED LAND; THAT BY REASON OF THE SALE OF SAID LAND THE DEPARTMENT RECENTLY HAS BEEN REQUIRED TO VACATE THE FIELD; THAT A NEW FIELD IS BEING ESTABLISHED ON GOVERNMENT-OWNED LAND ON WHICH THERE ARE NO HANGARS, SHOPS, ETC.; THAT FACILITIES AT CHICAGO FOR THE HOUSING, CONDITIONING, REPAIRING, AND RECONSTRUCTING OF AIRPLANES ARE ABSOLUTELY NECESSARY TO THE PRACTICAL MAINTENANCE AND OPERATION OF AN AIRPLANE MAIL ROUTE BETWEEN NEW YORK AND SAN FRANCISCO VIA CHICAGO; AND THAT AT THE PRESENT TIME THERE ARE NO SUCH FACILITIES AVAILABLE AT OR NEAR CHICAGO.

IT IS UNDERSTOOD FROM YOUR LETTER THAT IN VIEW OF THE FACTS SET FORTH IN THE PRECEDING PARAGRAPH IT WILL BE IMPOSSIBLE TO MAINTAIN AND OPERATE AIRPLANE MAIL SERVICE BETWEEN NEW YORK AND SAN FRANCISCO VIA CHICAGO DURING THE CURRENT FISCAL YEAR AS CONTEMPLATED UNDER THE APPROPRIATION HEREINBEFORE MENTIONED UNLESS THE NECESSARY HANGARS, SHOPS, ETC., CAN BE ERECTED ON THE RECENTLY ACQUIRED LANDING FIELD AT CHICAGO. IF SUCH BE THE FACT, THE USE OF THE APPROPRIATION IN QUESTION FOR THE ERECTION OF THE NECESSARY FACILITIES AT THE NEW LANDING FIELD AT CHICAGO IS AUTHORIZED UNDER THE RULE THAT WHEN A SPECIAL APPROPRIATION IS MADE TO ACCOMPLISH A SPECIFIC PURPOSE, AS IN THE CASE HERE PRESENTED, SAID APPROPRIATION MUST BE HELD TO BE AVAILABLE FOR ALL EXPENDITURES ABSOLUTELY ESSENTIAL TO THE ACCOMPLISHMENT OF THE SPECIFIC OBJECT FOR WHICH IT WAS MADE, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL STATUTE WHICH OTHERWISE WOULD PROHIBIT SUCH EXPENDITURES. 22 COMP. DEC., 317.