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the payments made by the chief disbursing clerk. The comptroller's reasons for making these disallowances may be summarized as. follows:

That the appropriation for “investigation of school and home gardening, Bureau of Education, 1920,” designated for the payment of the claims was fully expended at the expiration of the fiscal year for which it was made; that the entering into of agreements in the form of accepted proposals prior to the close of the fiscal year 1920 was resorted to by the Commissioner of Education for the purpose of making the unexpended balance available for expenditure thereafter for purposes which the comptroller assumed the commissioner deemed to be within the intent of the appropriation; that it was necessary that the contracts should be formally executed in the manner prescribed by section 3744, Revised Statutes, if in view of the provisions of section 3690, Revised Statutes, payments thereunder were to be made after the expiration of the fiscal year 1920.

In applying to the comptroller for a revision of his decision of August 9, 1921, the chief disbursing clerk requested, as a matter of accounting, that the payments made by him be charged to the appropriation for “ investigation of rural and industrial education, 1921," instead of to the appropriation for the fiscal year 1920 originally designated. In support of that request the chief disbursing clerk referred to a letter from the Commissioner of Education to the Secretary of the Interior wherein the opinion was expressed that the vouchers properly might be so charged. That request was denied by the ('omptroller General in his decision of September 7, 1921.

It only remains for me to say that if the chief disbursing clerk erred in not adhering to the strict letter of the law in making his payments the Auditor for the Interior Department likewise erred in subsequently paying similar claims. Certainly these errors, if such they were, were not intentionally committed by the chief disbursing clerk or the auditor.

The vouchers bore evidence by their formal certificates executed by the duly accredited administrative officer that they were correct and just, that the services were necessary and were performed, and that the prices charged were reasonable. It may therefore be reasonably inferred that the Government received full value for the payments. In these circumstances the chief disbursing clerk ought not to be compelled to suffer financial loss.

Mr. ABEL. I would like to add this general statement: The Bureau of Education during that year had these two appropriations for special purposes--one for the investigation of school and home gardening in cities and manufacturing towns and the other for maintaining a register of teachers. It had been customary in the Bureau of Education for the last 10 years to contract with persons who were not employed in the bureaii to prepare manuscripts directly bearing on the subjects designated in the appropriations. The contracts for these manuscripts were drawn in the form of proposal and accept

This had been considered by the auditors as sufficient and had been paid.

In the items in question the Commissioner of Education acted in good faith, following a precedent that was so long established and the manuscripts were prepared for the bureau of a value quite equal to the amounts designatel. In other words, the work has been done

ance.

and the payments have been made to the individuals by Mr. George Evans, chief disbursing clerk of the Department of the Interior. Because of a technicality those amounts are now charged against Mr. Evans. It seems unjust that they should be, especially since he and the Commissioner of Education were following a practice that had been customary for so long.

FRIDAY, FEBRUARY 17, 19:22.

BUREAU OF INDIAN AFFAIRS.

STATEMENT OF MR. EDGAR B. MERITT, ASSISTANT COMMISSIONER

OF INDIAN AFFAIRS.

PURCHASE OF GOODS AND SUPPLIES FOR INDIAN SERVICE, 1920–21.

The CHAIRMAN. For expenses necessary to the purchase of goods and supplies for the Indian Service, etc., you are asking a deficiency appropriation of $3,730.40 for the fiscal year 1920 and $78,000 for the fiscal year 1921. Will you be kind enough to tell us how this happened for these two years and why there has been such delay in presenting these items

Mr. MERITT. The matter is fully explained in a letter written by Commissioner Burke, dated January 21, 1922, and I think I can save the time of the committee by reading the letter:

JANUARY 21, 1922. The SECRETARY OF THE INTERIOR.

Sir: There is transmitted herewith in triplicate deficiency estimate of appropriations required for the Indian Service for the fiscal year 1921, and prior fiscal year, in the sum of $83,040.12. Of the total amount of this estimate $81,730.40 is required to meet claims presented for the purchase and transportation of Indian supplies.

Since the last deficiency act, 1921, for payment of audited claims then in the Treasury for 1920 was passed, additional claims payable from the 1920 transportation fund amounting to $3,730.40 have been properly certified to by the Treasury Department, for the payment of which no funds are available: $56,408.97 of the estimate is to cover actual claims for the transportation of supplies shipped in the regular course of business, which claims have been certified by the Treasury Department for payment. The appropriation " Purchase and transportation of Indian supplies, 1921," is exhausted.

The CHAIRMAN. Would there have been enough money in the appropriations to pay these bills if they had been presented in time?

Mr. MERITT. No, sir; there was not a sufficient appropriation to meet the outstanding claims.

The CHAIRMAN. You are referring to 1920 or 1921 ?
Mr. MERITT. I am referring to both years.

There are still in the possession of the transportation companies a number of accounts for services performed for the Indian Service, a survey of which indicates that eventually an additional sum of $10,000 will be required to liquidate them. This sum is included in the estimate submitted.

In addition to the claims certified by the accounting officers of the Treasury Department the Indian Oflice has recently sent to that department claims aunounting to $7.981.69, payable from purchase and transportation of India!!! supplies, 1921, and there still remain in the Indian Office transportation claims payable from the same fund in the sum of $2,316.58.

[graphic]

TELEGRAPHING AND TELEPHONES.

The CHAIRMAN. For telegraph and telephone toll messages on business pertaining to the Indian Service you are asking a deficiency appropriation of $35.52 for the fiscal year 1920. Is that an audited account?

Mr. Meritt. Yes, sir. We had an appropriation of $8,000 for that year, but we did not have quite enough money left to meet the telegraph bills outstanding.

The CHAIRMAN. Would there have been enough money in the appropriation to pay these bills if they had been rendered in time?

Mr. MERITT. No, sir; there is a deficiency in that appropriation of this amount.

The CHAIRMAN. This is a deficiency for the fiscal year 1920, and I think these bills should have been rendered long before this.

Mr. Sisson. Why were not the bills presented earlier! The amount is small, but I think the chairman is right about that.

Mr. MERITT. It is an audited claim.

The CHAIRMAN. The fact that you have audited claims of two or three years back does not make them any better.

Mr. MERITT. But we simply did not have enough money to pay the outstanding claims.

The CHAIRMAX. It should have been sent in last year.

Mr. Sisson. There is some reason for it, I presume, but there should not have been this delay.

FOR IMPROVEMENT, MAINTENANCE, ETC., FORT HALL IRRIGATION SYSTEM.

IDAHO.

The CHAIRMAN. The next is a deficiency estimate of $11 for the fiscal year 1920.

Mr. MERITT. That is in connection with the Fort Hall irrigation system in Idaho.

The CHAIRMAN. How did this deficiency arise ?
Mr. MERITT (reading):

The act of June 30, 1919 (41 Stat., 13), :ppropriated $50.00) for this purpose, all of which was expended. On Jime 10, 1921, more than 11 months after the expiration of the fiscal year, the Auditor for the Interior Department, in a settlement of the accounis of a field disbursing oflicer, transferred an item of $11 to this appropriation from a similar appropriation for the previous fiscal year, but there was then no balance in the 1920 :ppropriation to which the amoumt could be charged, thus creating a deti« ency and making this item necessary.

PROMOTING CIVILIZATION AND SELF-SUPPORT AVONG INDIANS OF MESA

LERO RESERVATION, X. MEX.

The CHAIRMAX. The next item is:

For promoting civilization and self-s11lport among the Indians of the Vestit lero Reservation, V. Mex., $250,000, to be expendell or distributed in the din. cretion of the Secretary of the Interior, under such regulaiions as he did! prescribe; to remain available until expended, and to reimburse the liter States from the sale of timber on such reservation.

Mr. MERITT. I was somewhat surprised to see that item in this bill. The CHAIRMAN. There is no authority of law for it?

Mr. MERITT. There was a separate bill covering this subject which passed the Senate.

The CHAIRMAN. But not the House?

Mr. MERITT. No, sir; we are not asking for a deficiency appropriation, although we have made a favorable report on the bill.

The CHAIRMAN. You do not need it?
Mr. MERITT. We need a part of the money.
The CHAIRMAN. You have not any authority of law for it?
Mr. MERITT. No, sir.

FOR RECONSTRUCTION OF IRRIGATION PROJECT FOR THE LAGUNA PUEBLO.

The CHAIRMAN. The next item is: : For the reconstruction of the irrigation project for the Laguna Pueblo, and for the operation and maintenance of the system, fiscal year 1921, $1,069.05, reimbursable by the Indians benefited, under such rules and regulations as the Secretary of the Interior may prescribe.

How does that occur for 1921 ?

Mr. MERITT. This amount was expended in excess of the appropriation and was for the transportation of several cars of cement and steel trestles for use in connection with the Laguna Pueblo irrigation system, New Mexico. It is evident that the disbursing agent, in estimating the cost of his work, failed to include the cost of transportation, hence the necessity of a deficiency item to cover the cost of transportation in this connection.

The CHAIRMAN. Why did that not get here sooner; that is reimbursable?

Mr. MERITT. Yes, sir; for 1921.
The ('HAIRMAN. Do you get the money back!
Mr. MERITT. Eventually the Indians will be required to pay.
The CHAIRMAN (interposing). What do you mean by eventually?

Mr. MERITT. As soon as they get to farming the land. They will have a period of about 20 years to pay the construction cost of the system.

OPERATION AND MAINTENANCE OF MODOC IOINT IRRIGATION SYSTEM,

OREGON.

The CHAIRMAN. The next item is, “ For operating and maintenance of the Modoc Point irrigation system within the Klamath Indian Reservation, in the State of Oregon, fiscal year 1921, $2.55, reimbursable in accordance with the provisions of the act of March 3, 1911."

Mr. MERITT. This small sum is required for transportation cost of gasoline and roof cement, for which no funds are available for payment.

The CHAIRMAX. Are those bills all audited ?
Mr. MERITT. Yes, sir.
The CHAIRMAN. They are all found to be correct?
Mr. MERITT. Yes, sir.

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