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1 COMP. GEN. 58

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American Government

1 COMP. GEN. 58

Comptroller General of the United States
August 10, 1921

400670

PASSENGER - CARRYING VEHICLES UNSERVICEABLE AUTOMOBILES, TRUCKS, AND MOTOR CYCLES WHICH HAVE LOST THEIR CHARACTER AS PASSENGER-CARRYING VEHICLES MAY BE PURCHASED BY THE FEDERAL BOARD FOR VOCATIONAL EDUCATION FROM THE WAR DEPARTMENT AND PAID FOR FROM APPROPRIATIONS FOR VOCATIONAL REHABILITATION WITHOUT VIOLATION OF THE PROVISIONS OF THE ACT OF JULY 16, 1914, 38 STAT., 508, PROHIBITING USE OF ANY APPROPRIATION FOR PURCHASE OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES UNLESS SPECIFIC AUTHORITY THEREFOR IS GIVEN, PROVIDED THE BOARD WILL CERTIFY THAT THE VEHICLES ARE TO BE KEPT AS TRADE-TEACHING EQUIPMENT FOR TRAINEES AND NOT USED FOR PASSENGER CARRYING PURPOSES.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, FEDERAL BOARD FOR VOCATIONAL EDUCATION, AUGUST 10, 1921:

I HAVE YOUR LETTER OF AUGUST 3, 1921, REQUESTING DECISION WHETHER THE APPROPRIATION FOR VOCATIONAL REHABILITATION MADE BY THE ACT OF MARCH 4, 1921, 41 STAT., 1379, MAY BE USED TO PURCHASE FROM THE WAR DEPARTMENT CERTAIN UNSERVICEABLE AUTOMOBILES, TRUCKS, AND MOTOR CYCLES, TO BE USED BY YOUR BOARD FOR INSTRUCTIONAL PURPOSES ONLY IN THE SHOPS AND CLASSROOMS WHERE TRAINING IN AUTOMOTIVE COURSES IS GIVEN TO TRAINEES OF THE BOARD.

SECTION 5 OF THE ACT OF JULY 16, 1914, 38 STAT., 508, PROHIBITS THE USE OF ANY APPROPRIATION FOR THE PURCHASE OF ANY MOTOR-PROPELLED PASSENGER- CARRYING VEHICLE UNLESS SPECIFIC AUTHORITY THEREFOR IS GIVEN. THERE IS NO SPECIFIC AUTHORITY OF LAW FOR THE PURCHASE OF SUCH VEHICLES FROM THE APPROPRIATION NOW IN QUESTION. UNLESS THE VEHICLES WHICH YOU NOW PROPOSE TO PURCHASE ARE SO UNSERVICEABLE AS TO HAVE LOST THEIR CHARACTER AS PASSENGER-CARRYING VEHICLES THEIR PURCHASE IS WITHIN THE INHIBITION OF THIS STATUTE, WHETHER PURCHASED FROM THE WAR DEPARTMENT OR ELSEWHERE.

THE PROHIBITION OF THE ACT OF 1914 IS UPON PROCURING MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES "FOR THE SERVICE OF ANY OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS OR ANY BRANCH OF THE GOVERNMENT SERVICE.' THE PURPOSE FOR WHICH IT IS STATED THE MOTOR PROPELLED VEHICLES ARE TO BE ACQUIRED SUFFICIENTLY INDICATES THAT IT IS NOT "FOR THE SERVICE" OF YOUR BOARD, BUT RATHER WHAT MAY BE TERMED TRADE- TEACHING EQUIPMENT, AND IF THE VEHICLES ARE IN THE GENERAL SENSE UNSERVICEABLE FOR PASSENGER-CARRYING PURPOSES AND ARE TO BE USED FOR SHOP AND CLASS INSTRUCTION IN THE MECHANICS OF THE MACHINES ONLY, AND ARE TO BE KEPT FOR SUCH PURPOSES EXCLUSIVELY AND NOT USED AS PASSENGER CARRYING VEHICLES, AND THE BOARD WILL SO CERTIFY, THEY MAY BE PURCHASED AS INDICATED WITHOUT VIOLATION OF THE ACT OF 1914. OTHERWISE THE PROPOSED PURCHASE IS UNLAWFUL.

ATTENTION IS INVITED TO THE PROVISIONS OF THE ACT OF JULY 11, 1919, 41 STAT., 105, AND OF MARCH 15, 1920, 41 STAT., 530, AUTHORIZING THE TRANSFER OF CERTAIN MOTOR-PROPELLED VEHICLES TO CERTAIN SERVICES OF THE GOVERNMENT. ATTENTION IS ALSO INVITED TO SECTION 5 OF THE ACT OF JULY 11, 1919, 41 STAT., 67, REQUIRING EXECUTIVE DEPARTMENTS OF THE GOVERNMENT TO PURCHASE MATERIAL, SUPPLIES, AND EQUIPMENT FROM OTHER SERVICES OF THE GOVERNMENT POSSESSING MATERIAL, SUPPLIES, AND EQUIPMENT NO LONGER REQUIRED BECAUSE OF THE CESSATION OF WAR ACTIVITIES. IT IS PRIMARILY FOR THE ADMINISTRATIVE BRANCH OF THE GOVERNMENT TO DETERMINE ITS AUTHORITY TO MAKE SALE OF ANY OF ITS EQUIPMENT.



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