A-14658, JUNE 17, 1926, 5 COMP. GEN. 992

A-14658: Jun 17, 1926

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A MEMBER OF THE AMERICAN COMMISSION OF INQUIRY INTO EXTRATERRITORIALITY IN CHINA IS A DIPLOMATIC OFFICER WITHIN THE MEANING OF SECTION 1742. 1926: I HAVE YOUR LETTER OF JUNE 4. HE WAS INFORMED IN A LETTER OF SEPTEMBER 10. 1925: "YOUR SALARY WILL BE AT THE RATE OF $12. THAT IS. THAT THE OFFICIAL DESIGNATIONS EMPLOYED THROUGHOUT THIS TITLE SHALL BE DEEMED TO HAVE THE FOLLOWING MEANINGS. THE MEMBER OF THE AMERICAN COMMISSION OF INQUIRY INTO EXTRATERRITORIALITY IN CHINA IS A DIPLOMATIC OFFICER WITHIN THE MEANING OF SECTION 1742. IF SUCH LEAVE IS DULY AUTHORIZED BY THE PRESIDENT AS PRESCRIBED IN THE ACT OF JUNE 17.

A-14658, JUNE 17, 1926, 5 COMP. GEN. 992

LEAVE OF ABSENCE - COMMISSIONERS TO CHINA UNDER THE PROVISIONS OF SECTION 1674, REVISED STATUTES, AS AMENDED, A MEMBER OF THE AMERICAN COMMISSION OF INQUIRY INTO EXTRATERRITORIALITY IN CHINA IS A DIPLOMATIC OFFICER WITHIN THE MEANING OF SECTION 1742, REVISED STATUTES, AND AS SUCH MAY BE GRANTED NOT MORE THAN 60 DAYS' LEAVE WITH PAY IN ANY ONE YEAR, PLUS THE TRANSIT TIME NECESSARY TO GO TO AND FROM THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JUNE 17, 1926:

I HAVE YOUR LETTER OF JUNE 4, 1926, AS FOLLOWS:

UNDER THE RESOLUTIONS REGARDING EXTRATERRITORIALITY IN CHINA ADOPTED BY THE WASHINGTON CONFERENCE ON THE LIMITATION OF ARMAMENTS AT THE FOURTH PLENARY SESSION OF DECEMBER 10, 1921, CONGRESS APPROPRIATED, IN THE ACT MAKING APPROPRIATIONS FOR THE DEPARTMENT OF STATE FOR THE FISCAL YEAR ENDED JUNE 30, 1923, APPROVED JUNE 1, 1922, FOR A COMMISSION TO DO THE NECESSARY WORK. THIS APPROPRIATION READS:

INQUIRY INTO EXTRATERRITORIALITY IN CHINA.--- TO ENABLE THE UNITED STATES GOVERNMENT TO CARRY OUT ITS OBLIGATIONS ARISING UNDER RESOLUTION NUMBERED FOUR, ADOPTED BY THE CONFERENCE ON THE LIMITATION OF ARMAMENTS AT THE FOURTH PLENARY SESSION, DECEMBER 10, 1921, REGARDING EXTRATERRITORIALITY IN CHINA, INCLUDING THE COMPENSATION OF DELEGATES OR OTHER REPRESENTATIVES, CLERKS, AND EMPLOYEES, RENT OF OFFICES, EXPENSES OF TRANSPORTATION AND SUBSISTENCE (NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT), STATIONERY AND SUPPLIES, TELEGRAPH, AND SUCH OTHER OBJECTS AS THE PRESIDENT MAY DEEM NECESSARY, TO BE DISBURSED UNDER THE DIRECTION OF THE SECRETARY OF STATE, $21,000, TO BE IMMEDIATELY AVAILABLE.'

THE ACT APPROVED FEBRUARY 27, 1925, MAKING APPROPRIATIONS FOR THE DEPARTMENT OF STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1926, MADE AVAILABLE DURING THE FISCAL YEAR 1926 THE UNEXPENDED BALANCE OF THE APPROPRIATION OF $21,000.

UNDER THESE APPROPRIATIONS THE PRESIDENT APPOINTED MR. SILAS H. STRAWN A MEMBER OF THE AMERICAN COMMISSION, AND HE WAS INFORMED IN A LETTER OF SEPTEMBER 10, 1925:

"YOUR SALARY WILL BE AT THE RATE OF $12,000 GOLD PER ANNUM, TO BEGIN ON THE DATE OF YOUR DEPARTURE FROM YOUR HOME.'

JUDGE STRAWN HAS NOW APPLIED FOR LEAVE OF ABSENCE, AND I WOULD BE GRATEFUL FOR YOUR OPINION AS TO WHETHER HE MAY PROPERLY BE GIVEN SALARY DURING SUCH ABSENCE; AND IF SO, WHETHER THE LEAVE MAY BE IN ACCORDANCE WITH LEAVE GRANTED AMBASSADORS, MINISTERS, AND FOREIGN SERVICE OFFICERS; THAT IS, SIXTY DAYS PLUS TRANSIT TIME TO AND FROM THE UNITED STATES.

TITLE XVIII OF THE REVISED STATUTES, WHICH INCLUDES SECTIONS 1674 1742, DEALS WITH DIPLOMATIC AND CONSULAR OFFICERS. SECTION 1674, REVISED STATUTES, AS AMENDED BY THE ACTS OF FEBRUARY 5, 1915, 38 STAT. 806, AND JULY 1, 1916, 39 STAT. 252, PROVIDES:

SEC. 1674. THAT THE OFFICIAL DESIGNATIONS EMPLOYED THROUGHOUT THIS TITLE SHALL BE DEEMED TO HAVE THE FOLLOWING MEANINGS, RESPECTIVELY:

FIFTH. "DIPLOMATIC OFFICER" SHALL BE DEEMED TO INCLUDE * * * COMMISSIONERS * * *.

SECTION 1742, REVISED STATUTES, PROVIDES:

NO DIPLOMATIC OR CONSULAR OFFICER SHALL RECEIVE SALARY FOR THE TIME DURING WHICH HE MAY BE ABSENT FROM HIS POST, BY LEAVE OR OTHERWISE, BEYOND THE TERM OF SIXTY DAYS IN ANY ONE YEAR; BUT THE TIME EQUAL TO THAT USUALLY OCCUPIED IN GOING TO AND FROM THE UNITED STATES IN CASE OF THE RETURN, ON LEAVE, OF SUCH DIPLOMATIC AND CONSULAR OFFICER TO THE UNITED STATES MAY BE ALLOWED IN ADDITION TO SUCH SIXTY DAYS.

THE ACT OF JUNE 17, 1874, 18 STAT. 77, PROVIDES:

THAT NO * * * COMMISSIONER TO ANY FOREIGN COUNTRY * * * SHALL BE ABSENT FROM HIS POST OR THE PERFORMANCE OF HIS DUTIES FOR A LONGER PERIOD THAN TEN DAYS AT ANY ONE TIME, WITHOUT THE PERMISSION PREVIOUSLY OBTAINED OF THE PRESIDENT. * * *

UNDER THE PROVISIONS OF SECTION 1674, REVISED STATUTES, AS AMENDED, THE MEMBER OF THE AMERICAN COMMISSION OF INQUIRY INTO EXTRATERRITORIALITY IN CHINA IS A DIPLOMATIC OFFICER WITHIN THE MEANING OF SECTION 1742, REVISED STATUTES, AND AS SUCH MAY BE GRANTED 60 DAYS' LEAVE WITH PAY IN ANY ONE YEAR, PLUS THE TRANSIT TIME NECESSARY TO GO TO AND FROM THE UNITED STATES, IF SUCH LEAVE IS DULY AUTHORIZED BY THE PRESIDENT AS PRESCRIBED IN THE ACT OF JUNE 17, 1874.