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A79213 1 (1903-04-11)

handle is hein.gao/gaobadact0001 and id is 1 raw text is: 551 DECISIONS OF THE COMPTROLLER. Columbia, a point remote from Kalispell, where Mr. McIn- tire claimed to be on duty, and it was impossible for the dis- bursing officer to inform himself by personal observation as to whether Mr. McIntire was actually emp la-ed during the Period in question. A reasonable construction of the orders given to Mr. Hoyt, alread y stated bmy the Commissioner of Indian Affairs, is that when a voucher of a commissioner covering his salary and per dietn should be certified b him, antd such voucher should in addition be approved by the chairman of the commission, the certificate aid approval would be sufficient evidence of the fact of actual emploYment to aithorize payment. The money approprhited was under the control of the Inte- rior Department, and it was within the power of the Depart- ment to prescribe rules that should govern the disbursing agent in making disbursements, and when it has directed him upon what evidence he diould make the payment, and lie inl good faith made payment only upon the evidence prescribed by the Department for his guidance, I am not able to see upon what legal principle he should be held personally respon- sible if such payment should be made to a nerson not entitled to the nioney so paid. I am, therefore, of opinion, and so decide, that Mr. Hoyt was entitled to credit for theyayments made by him to Mr. McIl- tire, and no difference is found in the Auditor's settlement as per certificate herewith. I wrote to Mr. McIntire February 11, 1903, requesting him to present any reasons that he might have why the over- payment made should not be chirged back to him. Mr. McIntire, in his reply March 7, 1903. states as follows: The Secretary of the Interior never exercised his pleasure to terminate my membership on said commission, nor was I ever notified of any such action, but atall times after May 24, 1901, until Septem ber 30, 1901, 1 remained a member of said commission, subject to the orders of the Secretary, ready and willing to perform the duties that might have been required of me. With full knowledge of the above facts, the salary incident to the office was paid to me, and not until September 30, 1901, when the Secretary ordered the disbursinn officer of the conmission.to pay no further salaries.. was, any question raised in the matter. For this reason the saliry paid me from May 26, 1901, to September 30, 1901, 1 consider I am entitled to, having held myself in readiness to respond to any call of the Secretary. For the reasons given, supra, and which it is not necessary to repeat, I am of opinion that Mr. McIntire was not entitled to pay except when actually employed. He certified on each voucher that be had been actually employed, and upon these misrepresentations of fact be was paid. The Auditor for the Interior Department should state an account charging. Mr. McIntire with the overpayments, and call upon him to refund the amount. RENT OF BUILDINGS IN THE DISTRICT OF COLUMBIA. The appropriation for 'Government Exhiits, Louisiana Purchase Exposi- tion, St. Louis, Missouri, not having pr ovided in terms for the payment of rent of buildings in the Distrit of Columbia, the payment therefrom of rent of a building in said District is prohibited by the act of March 2, 1S77. (Decis.ion by. Coyintroller Thacewe1, April 11,1903.) In the matter of the revision of the account of William M. Geddes, disbursing clerk, United States Government Board, Louisiana Purchase Exposition, for the months of Octoberand November, 11902. in settlement, dated January 7, 1903. This account was withdrawn for revision on my own motion on March 30, 101)3. On that date a melorandum of excep- tions was sent to this disbursing officer calling for explana- tions relative to a number of vouchers.. Since that date he has forwarded explanations which are considered to be suffi- cient. to avoid any disallowance on any of the vouchers ques- tioned, except as to vouchers Nos. 30 and 43, which represent amounts paid out of the appropriation ''Government Exhib- its, Louisiana Purchase Exposition, St. Louis, Missouri. Voucher No. 361 is for $40 reit paid John C. Ecloff for-rent of rooms in the District of Columbia; No. 43 is for 720 rent paid to John F. Shea for room in District of Columbi:. The act of March 3, 1877 (19 Stat.. 370) provides: * * iand hereafter no contract shall be imade for the rent of any building or part of any building to be used for the purposes of the Government, in the District of Columbia, RENT OF BUILDINGS. 550

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