A-18585, JUNE 17, 1927, 6 COMP. GEN. 833

A-18585: Jun 17, 1927

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SUBSISTENCE - HEADQUARTERS A UNITED STATES DEPUTY GAME WARDEN WHOSE HEADQUARTERS IS THE UNION STOCK YARDS. WHICH ARE WITHIN THE CORPORATE LIMITS OF THE CITY OF CHICAGO. IS NOT. 1927: I HAVE YOUR LETTER OF MAY 17. WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF A. IN THE REQUEST FOR REVIEW YOU STATE: IT IS TRUE THAT THE UNION STOCK YARDS ARE WITHIN THE CORPORATE LIMITS OF CHICAGO. IT IS ALSO TRUE THAT THE DISTANCE FROM ONE END OF CHICAGO TO THE OTHER IS A MATTER OF THIRTY MILES. SCHOLLER IS SUCH THAT HE IS REQUIRED TO LEAVE THE UNION STOCK YARDS AT ANY TIME OF THE DAY AND THE MEALS IN QUESTION WHICH WERE TAKEN IN CHICAGO WERE ALL PROCURED WHEN MR. WAS UPHELD. IT WAS NOT UNDERSTOOD THAT THE DECISIONS IN QUESTION AUTHORIZED AN ASSIGNMENT OF OFFICIAL STATION BY ARBITRARY LIMITS OF ONE PORTION OF A CITY AS SEPARATE FROM THE REMAINDER OF THE CITY.

A-18585, JUNE 17, 1927, 6 COMP. GEN. 833

SUBSISTENCE - HEADQUARTERS A UNITED STATES DEPUTY GAME WARDEN WHOSE HEADQUARTERS IS THE UNION STOCK YARDS, CHICAGO, ILL., WHICH ARE WITHIN THE CORPORATE LIMITS OF THE CITY OF CHICAGO, IS NOT, WHILE PERFORMING DUTY IN CHICAGO AWAY FROM THE STOCKYARDS DISTRICT, AWAY FROM HIS DESIGNATED POST OF DUTY AND MAY NOT BE REIMBURSED ANY EXPENSES OF SUBSISTENCE WITHIN THE MEANING OF THE ACTS AUTHORIZING REIMBURSEMENT THEREFOR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JUNE 17, 1927:

I HAVE YOUR LETTER OF MAY 17, 1927, REQUESTING REVIEW OF SETTLEMENT NO. K -7379-A, DATED APRIL 29, 1927, WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF A. ZAPPONE, DISBURSING CLERK, DEPARTMENT OF AGRICULTURE, FOR SUBSISTENCE PAYMENTS MADE UPON VOUCHER NO. 68297, TO EDWARD N. SCHOLLER, UNITED STATES DEPUTY GAME WARDEN, DEPARTMENT OF AGRICULTURE, WHILE IN CHICAGO DURING JULY AND AUGUST, 1926, IN THE SUM OF $8.75.

IN THE REQUEST FOR REVIEW YOU STATE:

IT IS TRUE THAT THE UNION STOCK YARDS ARE WITHIN THE CORPORATE LIMITS OF CHICAGO, ILLINOIS, BUT IT IS ALSO TRUE THAT THE DISTANCE FROM ONE END OF CHICAGO TO THE OTHER IS A MATTER OF THIRTY MILES. THE WORK OF MR. SCHOLLER IS SUCH THAT HE IS REQUIRED TO LEAVE THE UNION STOCK YARDS AT ANY TIME OF THE DAY AND THE MEALS IN QUESTION WHICH WERE TAKEN IN CHICAGO WERE ALL PROCURED WHEN MR. SCHOLLER HAD LEFT THE UNION STOCK YARDS BEFORE 8 O- CLOCK IN THE MORNING AND FROM WHICH HE DID NOT RETURN UNTIL AFTER 8 O- CLOCK IN THE EVENING. * * *

IN DECISIONS DATED SEPTEMBER 25, 1911, AND APRIL 25, 1912, RENDERED BY THE COMPTROLLER OF THE TREASURY TO THE DISBURSING CLERK, DEPARTMENT OF COMMERCE AND LABOR, THE AUTHORITY OF THE SECRETARY OF THAT DEPARTMENT TO DESIGNATE AS THE OFFICIAL STATION OF AN EMPLOYEE OF THE DEPARTMENT INVOLVED ONE OF THE BOROUGHS OF NEW YORK CITY AS DISTINCT FROM THE REMAINDER OF THAT CITY, WAS UPHELD.

IT WAS NOT UNDERSTOOD THAT THE DECISIONS IN QUESTION AUTHORIZED AN ASSIGNMENT OF OFFICIAL STATION BY ARBITRARY LIMITS OF ONE PORTION OF A CITY AS SEPARATE FROM THE REMAINDER OF THE CITY, BUT IT WAS THOUGHT THAT THESE DECISIONS PERMITTED SUCH ASSIGNMENT WHERE A PARTICULAR SECTION HAD LONG BEEN RECOGNIZED AS A DISTINCT UNIT IN THE CITY'S ORGANIZATION, ESPECIALLY IF SUCH SECTION HAD ORIGINALLY BEEN A SEPARATE MUNICIPALITY WHICH HAD IN COURSE OF TIME BEEN ABSORBED IN THE INCORPORATION OF ONE OF THE GREATER CITIES OF THE COUNTRY.

UNDER THE AUTHORIZATION OF THE SECRETARY OF AGRICULTURE THE CHIEF OF THE BUREAU OF BIOLOGICAL SURVEY DESIGNATES OFFICIAL STATIONS OF THE EMPLOYEES OF THAT BUREAU. PURSUANT TO THE PRINCIPLE ENUNCIATED IN THE DECISIONS CITED HEREIN, UNION STOCK YARDS, ILLINOIS, WAS DESIGNATED AS THE OFFICIAL STATION OF EDWARD N. SCHOLLER.

MR. SCHOLLER IS A DEPUTY UNITED STATES GAME WARDEN. AS SUCH, WHEN IN ACTIVE SERVICE, HIS DUTIES REQUIRE HIM TO INSPECT VARIOUS REFRIGERATING PLANTS, FREIGHT STATIONS, AND FURRIER ESTABLISHMENTS IN VARIOUS PARTS OF CHICAGO FOR GAME ILLEGALLY HELD OR SHIPPED, AND TO PATROL THE OUTLYING SECTIONS OF THE CITY.

THE CITY OF CHICAGO COVERS SUCH A WIDESPREAD AREA THAT MR. SCHOLLER IS FREQUENTLY REQUIRED TO BE AWAY FROM UNION STOCK YARDS FOR SEVERAL DAYS AT A TIME AND YET DURING THE ENTIRE PERIOD OF HIS ABSENCE BE WITHIN THE CITY LIMITS OF CHICAGO. AT LEAST THE PRACTICAL NECESSITY IN THE INTERESTS OF ECONOMY AND EFFICIENCY OF THE SERVICE IS APPARENT FOR THE DESIGNATION OF ONE PART OF CHICAGO AS DISTINCT FROM THE REMAINDER THEREOF AS OFFICIAL STATION OF EMPLOYEES ENGAGED IN SUCH DUTIES AS IS MR. SCHOLLER.

THE TWO DECISIONS REFERRED TO HAVE REFERENCE TO REIMBURSEMENT OF TRAVELING EXPENSES INCURRED ON OFFICIAL BUSINESS IN BROOKLYN BY CERTAIN EXAMINERS WHOSE OFFICIAL POSTS OF DUTY WERE NEW YORK CITY. IN THIS CONNECTION IT MAY BE NOTED THAT BROOKLYN AND NEW YORK ARE SEPARATED BY WELL DEFINED BOUNDARIES, AND AT THE TIME SAID DECISIONS WERE RENDERED HAD BUT RECENTLY BEEN JOINED UNDER ONE MUNICIPAL ADMINISTRATION. NO SUCH SITUATION EXISTS WITH REFERENCE TO THE UNION STOCK YARDS AND THE CITY OF CHICAGO. MOREOVER, SINCE THE ACTION TAKEN IN THESE TWO CASES, ADDITIONAL LEGISLATION HAS BEEN ENACTED AFFECTING THE TRAVEL STATUS OF GOVERNMENT OFFICERS AND EMPLOYEES. SEE ACTS OF APRIL 6, 1914, 38 STAT. 318, AND AUGUST 1, 1914, 38 STAT. 680.

DURING THE PERIOD IN WHICH EDWARD N. SCHOLLER, THE PAYEE OF THE VOUCHER CLAIMS REIMBURSEMENT OF EXPENSES, HIS OFFICIAL ADDRESS WAS 5107 SOUTH CARPENTER STREET, CHICAGO, ILL. IT IS A WELL-KNOWN FACT THAT THE UNION STOCK YARDS IS LOCATED WITHIN THE CITY OF CHICAGO AND THAT TRAVEL THROUGH THIS DISTRICT, EAST, WEST, NORTH, OR SOUTH, TO THE CITY LIMITS IN A ONE- FARE RATE.

FROM THE FOREGOING IT MUST BE HELD THAT THE POST OF DUTY OF THIS EMPLOYEE WAS THE CITY OF CHICAGO, AND THAT AT THE TIME THE EXPENSES IN QUESTION WERE INCURRED HE WAS NOT ONLY AT HIS OFFICIAL HEADQUARTERS BUT ALSO AT HIS HOME; THEREFORE, NOT BEING IN A TRAVEL STATUS, HE WAS NOT ENTITLED TO SUBSISTENCE ALLOWANCES. 9 COMP. DEC. 359; 11 ID. 250; 4 COMP. GEN. 466; A -8392, AUGUST 7, 1925; A-12270, JUNE 14, 1926.