B-62017, DECEMBER 9, 1946, 26 COMP. GEN. 400

B-62017, DECEMBER 9, 1946, 26 COMP. GEN. 400

WITNESSES - DISTRICT OF COLUMBIA EMPLOYEES - FEES FOR SERVICES OUTSIDE DISTRICT OF COLUMBIA AN EMPLOYEE OF THE DISTRICT OF COLUMBIA WHO IS CALLED UPON TO TESTIFY ON BEHALF OF THE UNITED STATES IN COURT PROCEEDINGS OUTSIDE OF THE DISTRICT OF COLUMBIA IS WITHIN THE PURVIEW OF THE ACT OF OCTOBER 14, 1941, PROHIBITING THE PAYMENT OF WITNESS FEES TO EMPLOYEES OF THE DISTRICT OF COLUMBIA TESTIFYING ON BEHALF OF THE UNITED STATES; HOWEVER, IN ACCORDANCE WITH THE PROVISIONS OF SAID ACT, THE EMPLOYEE SHOULD SUFFER NO LOSS OF SALARY OR DEDUCTION FROM ACCRUED ANNUAL LEAVE.

COMPTROLLER GENERAL WARREN TO THE ATTORNEY GENERAL, DECEMBER 9, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 15, 1946 (A3), AS FOLLOWS:

UNITED STATES MARSHAL J. HENRY GOGUEN, BOSTON, MASSACHUSETTS, HAS REQUESTED THIS OFFICE TO ADVISE HIM AS TO THE PROPER ALLOWANCE TO BE PAID A SALARIED EMPLOYEE OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, INCIDENT TO HIS ATTENDANCE BEFORE THE UNITED STATES DISTRICT COURT AT BOSTON, AS A WITNESS ON BEHALF OF THE UNITED STATES IN THE CASE OF UNITED STATES V. JOHN DOE ET AL.

IN AN OPINION OF THE ATTORNEY GENERAL (22 OP. ATT. GEN. 59) IT WAS HELD THAT "THE OFFICERS AND EMPLOYEES OF THE DISTRICT OF COLUMBIA ARE NOT OFFICERS AND EMPLOYEES OF THE GENERAL GOVERNMENT OF THE UNITED STATES, BUT OF THE MUNICIPAL CORPORATION KNOWN AS THE DISTRICT OF COLUMBIA.' ACCORDINGLY, THE FEES AND MILEAGE OF ORDINARY WITNESSES, UNDER SECTION 600C, TITLE 28, U.S.C., HAVE HERETOFORE BEEN ALLOWED IN SUCH CASES, WHERE THE ATTENDANCE WAS OUTSIDE OF THE DISTRICT OF COLUMBIA.

HOWEVER, MY ATTENTION HAS BEEN CALLED TO THE PROVISIONS OF SECTION 30 N- 1, TITLE 5, U.S.C., WHICH APPEAR TO PROHIBIT THE ABOVE-MENTIONED ALLOWANCE OF WITNESS FEES, ALTHOUGH THIS OFFICE IS OF THE OPINION THAT THE SAID LEGISLATION HAS NO APPLICATION TO THE INSTANT CASE. THE HISTORY OF THE ACT, AS REPORTED BY THE UNITED STATES SENATE, INDICATES THAT THE BILL WAS SUBMITTED BY THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, AND WAS PREPARED FOR SUCH SUBMISSION BY THE JUDGES OF THE POLICE COURT OF THE DISTRICT, FOR THE SOLE PURPOSE OF CORRECTING A LOCAL SITUATION WITH RESPECT TO WITNESSES IN THE COURTS OF THE DISTRICT OF COLUMBIA, AND IS NOT BELIEVED TO HAVE BEEN INTENDED FOR GENERAL APPLICATION.

IT WILL BE GREATLY APPRECIATED IF YOU WILL ADVISE ME AS TO THE PROPER ALLOWANCES TO BE MADE IN THE ABOVE-MENTIONED CASE, AT YOUR EARLIEST CONVENIENCE, THAT A PROPER REPLY MAY BE MADE TO MARSHAL GOGUEN.

THE ACT OF OCTOBER 14, 1941, 55 STAT. 737, INCORPORATED INTO THE U.S.C. AS SECTION 30N-1, OF TITLE 5, READS AS FOLLOWS:

THAT FROM AND AFTER THE PASSAGE OF THIS ACT EMPLOYEES OF THE GOVERNMENT OF THE UNITED STATES IN ACTIVE SERVICE WHO ARE CALLED UPON TO SERVE AS WITNESSES ON BEHALF OF THE DISTRICT OF COLUMBIA IN ANY COURT PROCEEDING IN WHICH THE GOVERNMENT OF THE DISTRICT OF COLUMBIA MAY BE A PARTY AND EMPLOYEES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WHO ARE CALLED UPON TO SERVE AS WITNESSES ON BEHALF OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA IN ANY COURT PROCEEDING IN WHICH THE GOVERNMENT OF THE UNITED STATES OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA MAY BE PARTY, SHALL NOT BE PAID WITNESS FEES FOR SUCH SERVICE, BUT THE PERIOD OF SUCH SERVICE SHALL BE WITHOUT LOSS OF SALARY OR COMPENSATION AND SHALL NOT BE DEDUCTED FROM ANY LEAVE OF ABSENCE WITH PAY AUTHORIZED BY LAW.

WHILE IT IS TRUE THAT THE DRAFT OF THE BILL, RESULTING IN THE ACT OF OCTOBER 14, 1941, SUPRA, 55 STAT. 737 (5 U.S.C. 30N-1), WAS PRESENTED TO THE CONGRESS BY THE COMMISSIONERS OF THE DISTRICT AT THE REQUEST OF THE JUDGES OF THE POLICE COURT OF THE DISTRICT OF COLUMBIA, THE PROPOSED DRAFT WAS SUBMITTED TO THIS OFFICE FOR RECOMMENDATION PRIOR TO ITS SUBMISSION TO THE CONGRESS, AND BY LETTER OF APRIL 19, 1940, B 9433, TO THE DIRECTOR, BUREAU OF THE BUDGET, THIS OFFICE RECOMMENDED THAT THE LANGUAGE OF THE PROPOSED BILL BE CHANGED TO COVER THE TWO PURPOSES APPARENTLY INTENDED, NAMELY, TO ENABLE EMPLOYEES OF UNITED STATES TO TESTIFY ON BEHALF OF THE DISTRICT OF COLUMBIA WITHOUT LOSS OF SALARY OR ANNUAL LEAVE, AND (2), TO PLACE EMPLOYEES OF THE DISTRICT OF COLUMBIA ON THE SAME BASIS; ALSO, THIS OFFICE SUGGESTED APPROPRIATE WORDING OF THE BILL TO ACCOMPLISH THAT PURPOSE. THE LANGUAGE OF THE ACT, AS APPROVED, CONFORMS IN ALL RESPECTS WITH THE LANGUAGE SUGGESTED BY THIS OFFICE. IN VIEW OF THE HISTORY OF THE INVOLVED ACT, I ENTERTAIN NO DOUBT BUT THAT THE SAID ACT, AS PASSED, WAS INTENDED TO HAVE GENERAL APPLICATION.

IT IS CONCLUDED, THEREFORE, THAT A SALARIED EMPLOYEE OF THE DISTRICT OF COLUMBIA TESTIFYING FOR THE UNITED STATES IN A DISTRICT COURT AT BOSTON, MASSACHUSETTS, IS NOT ENTITLED TO ANY WITNESS FEES FOR SUCH SERVICES, BUT SHOULD SUFFER NO LOSS OF SALARY OR ANY DEDUCTION FROM HIS ANNUAL LEAVE TO WHICH OTHERWISE ENTITLED.