Page:Decisions of the Comptroller General of the United States Volume 4.pdf/42

 The question of whether contracts involving more than $100 for the hire of automobiles for the use of employees of the field service of the various bureaus of the Department of the Interior should be excepted from the requirements of section 3744, Revised Statutes, is for the consideration of the Congress, and unless and until such an exception is made the requirement exists and should be complied with, and where such requirements are not observed this office must refuse disbursing officers credit for payments of such hire and report the matter to the Congress as an expenditure made in violation of law.

If contracts are not executed for the hire of automobiles for the field service of the Department of the Interior for the reason that the field service employee concerned has not been designated as a contracting officer, the rental vouchers bearing the written approval of the chief of the bureau concerned, together with written statements from one or more persons engaged in the same vicinity in the hire of automobiles as to what they consider a reasonable rental for the machine used should be forwarded to this office for direct settlement as claims. The reason why such claims for rental in the absence of a properly executed contract should not be paid by disbursing officers is that they involve doubtful questions of law and fact, especially fact as to what is a reasonable rental on a quantum meruit basis for the automobile. See in this connection letter to you dated April 16, 1924, in the matter of payment by disbursing officers of claims for liquidated damages.

Payment by a disbursing officer of the voucher herewith returned is unauthorized. When it has been administratively acted upon by the Commissioner of the General Land Office, or the Secretary of the Interior, it should be forwarded to this office for direct settlement as a claim, together with evidence as to reasonable rentals in the vicinity of Glasgow, Mont., for an automobile such as was used.