A-14995, NOVEMBER 19, 1926, 6 COMP. GEN. 354

A-14995: Nov 19, 1926

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THE JURISDICTION AND PROCEDURE IN WHICH ARE PRESCRIBED BY SECTIONS 4083 TO 4129. THE RESTRICTIONS FOUND ELSEWHERE IN THE REVISED STATUTES ON THE EMPLOYMENT OF ATTORNEYS ARE NOT NECESSARILY FOR APPLICATION THERETO. 1926: FURTHER REFERENCE IS MADE TO YOUR REQUEST OF JUNE 11. DISCLOSED THAT THE TRIAL IN QUESTION WAS HAD BEFORE THE CONSUL SITTING AS A CONSULAR COURT IN ACCORDANCE WITH SECTIONS 4083 TO 4129. OF WHICH SYRIA WAS A PART. WERE PROMULGATED BY THE AMERICAN MINISTER AT CONSTANTINOPLE IN 1862. THAT MATTER WAS LEFT FOR DETERMINATION IN EACH SEPARATE CASE. THE EMPLOYMENT OF THE ATTORNEYS IN THIS CASE HAS RECEIVED YOUR APPROVAL AND THE ATTORNEY GENERAL HAS CERTIFIED THAT THE SERVICES COULD NOT HAVE BEEN PERFORMED BY ANY ATTORNEYS EMPLOYED IN THAT DEPARTMENT.

A-14995, NOVEMBER 19, 1926, 6 COMP. GEN. 354

ATTORNEYS - CONSULAR COURTS CONSULAR COURTS, THE JURISDICTION AND PROCEDURE IN WHICH ARE PRESCRIBED BY SECTIONS 4083 TO 4129, REVISED STATUTES, CONSTITUTES A SEPARATE AND DISTINCT SYSTEM FOR ADMINISTERING JUSTICE TO CITIZENS OF THE UNITED STATES IN CERTAIN FOREIGN COUNTRIES, AND THE RESTRICTIONS FOUND ELSEWHERE IN THE REVISED STATUTES ON THE EMPLOYMENT OF ATTORNEYS ARE NOT NECESSARILY FOR APPLICATION THERETO.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, NOVEMBER 19, 1926:

FURTHER REFERENCE IS MADE TO YOUR REQUEST OF JUNE 11, 1926, FOR REVIEW OF SETTLEMENT NO. C-3748-S, OF MARCH 18, 1926, DISALLOWING CREDIT IN THE ACCOUNTS OF PAUL KNAUBENSHEU, AMERICAN CONSUL AT BERIUT, SYRIA, FOR PAYMENTS AGGREGATING $250 TO ATTORNEYS AS FEES FOR THEIR SERVICES IN THE PROSECUTION AND DEFENSE OF THE CASE OF THE UNITED STATES OF AMERICA V. VALENTINE AUSTINO.

YOUR REPORT OF SEPTEMBER 21, 1926, DISCLOSED THAT THE TRIAL IN QUESTION WAS HAD BEFORE THE CONSUL SITTING AS A CONSULAR COURT IN ACCORDANCE WITH SECTIONS 4083 TO 4129, REVISED STATUTES. SECTION 4117 OF THE REVISED STATUTES PROVIDES:

IN ORDER TO ORGANIZE AND CARRY INTO EFFECT THE SYSTEM OF JURISPRUDENCE DEMANDED BY SUCH TREATIES, RESPECTIVELY, THE MINISTERS, WITH THE ADVICE OF THE SEVERAL CONSULS IN EACH OF THE COUNTRIES, RESPECTIVELY, OR OF SO MANY OF THEM AS CAN BE CONVENIENTLY ASSEMBLED, SHALL PRESCRIBE * * * THE MANNER IN WHICH TRIALS SHALL BE CONDUCTED, AND HOW THE RECORDS THEREOF SHALL BE KEPT; THE FORM OF OATHS FOR CHRISTIAN WITNESSES, AND THE MODE OF EXAMINING ALL OTHER WITNESSES; * * * THE MANNER IN WHICH ALL OFFICERS AND AGENTS TO * * * CARRY THIS TITLE INTO EFFECT, SHALL BE APPOINTED AND COMPENSATED; * * * AND SHALL MAKE ALL SUCH FURTHER DECREES AND REGULATIONS FROM TIME TO TIME, UNDER THE PROVISIONS OF THIS TITLE, AS THE EXIGENCY MAY DEMAND.

BY LETTER OF NOVEMBER 5, 1926, YOU REPORTED THAT WHILE REGULATIONS FOR THE PROCEDURE IN CONSULAR COURTS IN TURKEY, OF WHICH SYRIA WAS A PART, WERE PROMULGATED BY THE AMERICAN MINISTER AT CONSTANTINOPLE IN 1862, SUCH REGULATIONS DID NOT PROVIDE FOR THE EMPLOYMENT OF ATTORNEYS, BUT THAT MATTER WAS LEFT FOR DETERMINATION IN EACH SEPARATE CASE.

THE EMPLOYMENT OF THE ATTORNEYS IN THIS CASE HAS RECEIVED YOUR APPROVAL AND THE ATTORNEY GENERAL HAS CERTIFIED THAT THE SERVICES COULD NOT HAVE BEEN PERFORMED BY ANY ATTORNEYS EMPLOYED IN THAT DEPARTMENT. THE PROCEDURE AND JURISDICTION OF CONSULAR COURTS ARE SPECIFICALLY PRESCRIBED BY STATUTE AND CONSTITUTE A SEPARATE AND DISTINCT SYSTEM OF JUSTICE FROM THAT ADMINISTERED IN THE COURTS IN THIS COUNTRY. IT WOULD APPEAR THAT THE EMPLOYMENT OF ATTORNEYS TO PROSECUTE AND DEFEND WHERE NECESSARY WAS WITHIN THE SCOPE OF THE AUTHORITY GIVEN BY SECTION 4117, REVISED STATUTES, SUPRA, AND WHILE THE MANNER OF APPOINTING AND FIXING THE COMPENSATION OF THE ATTORNEYS IN THIS INSTANCE WAS NOT IN STRICT ACCORDANCE WITH THE PROVISIONS OF SAID SECTION, NO FURTHER OBJECTION WILL BE MADE TO THE PAYMENTS HERE IN QUESTION.

UPON REVIEW $250 IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF THE AMERICAN CONSUL.