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A79569 1 (1918-04-04)

handle is hein.gao/gaobadaee0001 and id is 1 raw text is: DECISIONS OF THE COMPTROLLER. FIRE INSURANCE, LINCOLN MEMORIAL. The Income derived from the endowment fund assigned to the United States by the Lincoln Farm Association is not strictly a Government fund, yet the title is vested in the United States, and in accordance with the general policy of the Government it may not be used for the payment of fire-insur- ance premiums. Decision by Comptroller Warwick, April 4, 1918: Sydney E. Smith, disbursing clerk, War Department, applied De- cember 24, 1917, for revision of the action of the Auditor for the War Department in disallowing by settlement, No. 43116, dated December 5, 1917, his claim for two items paid by him. The items were fire- insurance premiums for policies covering the Lincoln Memorial, Hodgenville, Ky., and the card record cabinets of the Lincoln Farm Association. The auditor's action was based on the ground that- The payment of fire insurance is not a proper charge against Government funds. See 23 Comp. Dec., 269. The act of July 17, 1916 (39 Stat.,,385), provides for the. accept- ance by the United States of a deed of gift from the Lincoln Farm Association of land near Hodgenville, Ky., embracing the homestead of Abraham Lincoln and the log cabin in which he was born, together with the memorial hall inclosing the same, and for.the acceptance of an assignment of an endowment fund of $50,000. The act cited further provides: * * * The title to said endowment fund is accepted upon the terms and conditions stated in said assignment and transfer, namely, that the Unite, States of America shall forever keep the said tract of land * * *; and further, shall forever protect, preserve, and maintain said land, buildings, and appurtenances, and especially the log cabin in which Abraham Lincoln was born and the memorial hall inclosing the same, from spoliation, destruction, and further disinte- gration, * * *. The property is to be under the control of the Secretary of War and administered under such regulations not inconsistent with law as he may from time to time prescribe. The claimant states: In presenting this appeal I beg to say that the disallowed items were not paid for from funds appropriated by the Congress, but were paid for from the income derived from dividends and interest ac- cruing on the stocks and bonds constituting the endowment fund of the Lincoln Farm Association, the title to which was accepted by the Secretary of War under the provisions of section 2 of the act of Congress approved July 17, 1916 (39 Stat., 385). Therefore it would appear that the income derived from that fund can not be said to be Qo vernment funds and the only connection with such funds is that they are to be withdrawn, disbursed, accounted for and audited the 569

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