A-11707, NOVEMBER 23, 1925, 5 COMP. GEN. 374

A-11707: Nov 23, 1925

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COURT-MARTIAL EXPENDITURES CIVILIAN EMPLOYEES OF THE QUARTERMASTER CORPS OF THE ARMY ARE NOT ENTITLED TO EXTRA COMPENSATION FOR SERVICES RENDERED AS COURT-MARTIAL REPORTERS WHEN SUCH EXTRA COMPENSATION. THE FACT THAT A CIVILIAN EMPLOYEE OF THE QUARTERMASTER CORPS OF THE ARMY MAY RENDER SERVICE IN CONNECTION WITH A COURT-MARTIAL DURING A PERIOD FOR WHICH HIS REGULAR SALARY IS PAYABLE FROM AN APPROPRIATION OTHER THAN "PAY OF THE ARMY. " IS SUFFICIENTLY SPECIFIC TO PRECLUDE THE PAYMENT OF EXPENSES OF A COURT-MARTIAL FROM THE APPROPRIATION "CITIZENS' MILITARY TRAINING CAMPS. FOR DECISION WHETHER PAYMENT IS AUTHORIZED ON SIX VOUCHERS IN FAVOR OF MRS. IT APPEARS THAT THE PAYEE NAMED IN THE VOUCHERS WAS AN EMPLOYEE OF THE QUARTERMASTER CORPS AND WAS PAID $45 FOR HER SERVICES DURING THE REGULAR WORKING HOURS OF THE PERIOD FROM JULY 16 TO 31.

A-11707, NOVEMBER 23, 1925, 5 COMP. GEN. 374

COMPENSATION, DOUBLE - APPROPRIATIONS, COURT-MARTIAL EXPENDITURES CIVILIAN EMPLOYEES OF THE QUARTERMASTER CORPS OF THE ARMY ARE NOT ENTITLED TO EXTRA COMPENSATION FOR SERVICES RENDERED AS COURT-MARTIAL REPORTERS WHEN SUCH EXTRA COMPENSATION, COMBINED WITH THEIR REGULAR SALARY, EXCEEDS THE RATE OF $2,000 PER ANNUM. THE FACT THAT A CIVILIAN EMPLOYEE OF THE QUARTERMASTER CORPS OF THE ARMY MAY RENDER SERVICE IN CONNECTION WITH A COURT-MARTIAL DURING A PERIOD FOR WHICH HIS REGULAR SALARY IS PAYABLE FROM AN APPROPRIATION OTHER THAN "PAY OF THE ARMY," DOES NOT REQUIRE OR AUTHORIZE THE REIMBURSEMENT OF HIS SALARY APPROPRIATION FROM THE APPROPRIATION "PAY OF THE ARMY," FOR ALL OR ANY PART OF THE PERIOD ENGAGED ON SUCH COURT MARTIAL WORK. THE APPROPRIATION "PAY OF THE ARMY, 1926," IS SUFFICIENTLY SPECIFIC TO PRECLUDE THE PAYMENT OF EXPENSES OF A COURT-MARTIAL FROM THE APPROPRIATION "CITIZENS' MILITARY TRAINING CAMPS, 1926.'

COMPTROLLER GENERAL MCCARL TO CAPT. H. G. RICE, UNITED STATES ARMY, NOVEMBER 23, 1925:

THERE HAS BEEN RECEIVED YOUR REQUEST OF OCTOBER 21, 1925, FOR DECISION WHETHER PAYMENT IS AUTHORIZED ON SIX VOUCHERS IN FAVOR OF MRS. ELLA L. REAVIS FOR SERVICES ON JULY 16 AND 27, 1925, AS A REPORTER AT A GENERAL COURT-MARTIAL CONVENED AT JEFFERSON BARRACKS, MO.

IT APPEARS THAT THE PAYEE NAMED IN THE VOUCHERS WAS AN EMPLOYEE OF THE QUARTERMASTER CORPS AND WAS PAID $45 FOR HER SERVICES DURING THE REGULAR WORKING HOURS OF THE PERIOD FROM JULY 16 TO 31, 1925; THAT IS, AT THE RATE OF $1,080 PER ANNUM.

SECTION 1764, REVISED STATUTES, PROVIDES THAT "NO ALLOWANCE OR COMPENSATION SHALL BE MADE FOR ANY EXTRA SERVICES WHATEVER, WHICH ANY OFFICER OR CLERK MAY BE REQUIRED TO PERFORM, UNLESS EXPRESSLY AUTHORIZED BY LAW.'

SECTION 1765, REVISED STATUTES, FORBIDS PAYMENT OF EXTRA COMPENSATION TO ANY PERSON WHOSE COMPENSATION IS FIXED BY LAW OR REGULATIONS FOR ANY SERVICE UNLESS THE EXTRA COMPENSATION IS AUTHORIZED BY LAW AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH EXTRA COMPENSATION.

IT HAS BEEN REPEATEDLY HELD THAT SAID SECTIONS 1764 AND 1765, REVISED STATUTES, HAVE NO APPLICATION TO THE CASE OF TWO DISTINCT OFFICES, PLACES, OR EMPLOYMENTS, IF THE COMPENSATION OF EACH IS FIXED BY LAW OR REGULATION.

IT DOES NOT CLEARLY APPEAR FROM YOUR SUBMISSION HOW THE COMPENSATION OF MRS. REAVIS WAS FIXED AS A CIVILIAN EMPLOYEE OF THE QUARTERMASTER CORPS. BUT EVEN IF SUCH EMPLOYMENT AND THE EMPLOYMENT AS A COURT MARTIAL REPORTER SHOULD BE REGARDED AS TWO DISTINCT EMPLOYMENTS, EACH WITH ITS OWN COMPENSATION FIXED BY LAW OR REGULATION, PAYMENT FOR THE SERVICES AS REPORTER WOULD BE IN VIOLATION OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, ID. 582, WHICH PROHIBITS PAYMENT "TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM.'

IT HAS BEEN HELD UNIFORMLY THAT THE ACT CITED REFERS TO THE RATE OF THE COMBINED SALARIES RATHER THAN TO THE AGGREGATE AMOUNT RECEIVED DURING THE YEAR, AND THAT NO PAYMENT OF PART OF A SALARY IS AUTHORIZED IF THE WHOLE TAKEN WITH THE SALARY OF THE OTHER POSITION OR POSITIONS HELD EXCEEDS THE LIMITATION FIXED BY THE STATUTE. SEE 4 COMP. GEN. 737.

THE PROPOSED PAYMENTS, IN ADDITION TO THE PAYEE'S SALARY OF $1,080 PER ANNUM, WOULD GREATLY EXCEED THE RATE OF $2,000 PER ANNUM, AND YOU ARE ACCORDINGLY ADVISED THAT PAYMENT OF THE VOUCHERS SUBMITTED IS NOT AUTHORIZED.

PARAGRAPH 115 OF THE MANUAL FOR COURTS-MARTIAL, UNITED STATES ARMY, PROVIDES FOR THE DETAIL OF A SOLDIER AS A STENOGRAPHIC REPORTER FOR GENERAL COURT-MARTIAL, PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 24, 1912, 37 STAT. 575, AND PARAGRAPH 118 OF THE MANUAL PROVIDES IN PART AS OLLOWS:

* * * AND, EXCEPT AS AUTHORIZED IN PARAGRAPH 115, NO PERSON IN THE CIVIL OR MILITARY SERVICE WILL BE ENTITLED TO EXTRA COMPENSATION FOR SERVICE AS A REPORTER UNLESS SUCH SERVICE IS RENDERED IN TIME OUTSIDE OF THE BUSINESS HOURS OF HIS REGULAR EMPLOYMENT AND DOES NOT INTERFERE WITH HIS PERFORMANCE OF HIS REGULAR DUTIES.

IT WAS HELD IN DECISION OF JANUARY 14, 1922, REVIEW NO. 381, THAT SO MUCH OF PARAGRAPH 118 OF THE MANUAL FOR COURTS-MARTIAL QUOTED ABOVE AS PURPORTS TO AUTHORIZE EXTRA COMPENSATION TO CIVILIAN EMPLOYEES IN CASES SUCH AS THE ONE HERE PRESENTED IS CONTRARY TO LAW, AND THEREFORE OF NO FORCE OR EFFECT.

YOU ALSO REQUEST DECISION WHETHER THE APPROPRIATION "PAY OF THE ARMY, 1926," IS SUFFICIENTLY SPECIFIC TO PRECLUDE PAYMENT OF EXPENSES OF COURT- MARTIAL FROM THE APPROPRIATION "CITIZENS' MILITARY TRAINING CAMPS, 1926.' THE APPROPRIATION "PAY OF THE ARMY, 1926," 43 STAT. 896, PROVIDES---

FOR EXPENSES OF COURTS-MARTIAL, COURTS OF INQUIRY, MILITARY COMMISSIONS, RETIRING BOARDS AND COMPENSATION OF REPORTERS AND WITNESSES ATTENDING SAME AND EXPENSES OF TAKING DEPOSITIONS AND SECURING OTHER EVIDENCE FOR USE BEFORE THE SAME, * * *.

THE LANGUAGE QUOTED IS SUCH AS TO MAKE THE APPROPRIATION EXCLUSIVE FOR THE USES SET FORTH, AND YOU ARE ADVISED THAT THE APPROPRIATION "CITIZENS' MILITARY TRAINING CAMPS, 1926," IS NOT AVAILABLE FOR PAYMENT OF EXPENSES OF COURTS-MARTIAL.

THE FACT THAT A CIVILIAN EMPLOYEE MAY RENDER SERVICE IN CONNECTION WITH A COURT-MARTIAL DURING A PERIOD FOR WHICH THE REGULAR SALARY IS PAYABLE FROM AN APPROPRIATION OTHER THAN PAY OF THE ARMY DOES NOT REQUIRE OR AUTHORIZE REIMBURSING THE SALARY APPROPRIATION FROM THE APPROPRIATION FOR PAY OF THE ARMY FOR ALL OR ANY PART OF THE PERIOD ENGAGED ON SUCH COURT-MARTIAL WORK.