A-21257, FEBRUARY 2, 1928, 7 COMP. GEN. 457

A-21257: Feb 2, 1928

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WITNESSES - GOVERNMENT EMPLOYEES APPEARING BEFORE UNITED STATES COMMISSIONERS AS WITNESSES FOR GOVERNMENT EMPLOYEES OF THE UNITED STATES WHO APPEAR BEFORE UNITED STATES COMMISSIONERS AS WITNESSES FOR THE GOVERNMENT ARE ENTITLED TO THEIR REGULAR PAY DURING THE TIME THEY ARE AWAY FROM THEIR REGULAR DUTIES ON ACCOUNT OF SAID APPEARANCE WITHOUT HAVING THE ABSENCE CHARGED TO THEIR ANNUAL LEAVE. AS FOLLOWS: COMMUNICATIONS HAVE BEEN RECEIVED FROM THE POSTMASTER AT BLACKSTONE. E. BARNES OF THAT OFFICE WAS SUMMONED TO APPEAR BEFORE UNITED STATES COMMISSIONER MELVIN FLEGENHIMER AS A WITNESS FOR THE GOVERNMENT IN THE CASE OF ESTELLE DAGNEY AGAINST THE UNITED STATES. THE POSTMASTER HAS REPORTED THAT ON THE DATE MENTIONED SERVICE WAS PERFORMED ON THE RURAL ROUTE BY A SUBSTITUTE CARRIER.

A-21257, FEBRUARY 2, 1928, 7 COMP. GEN. 457

WITNESSES - GOVERNMENT EMPLOYEES APPEARING BEFORE UNITED STATES COMMISSIONERS AS WITNESSES FOR GOVERNMENT EMPLOYEES OF THE UNITED STATES WHO APPEAR BEFORE UNITED STATES COMMISSIONERS AS WITNESSES FOR THE GOVERNMENT ARE ENTITLED TO THEIR REGULAR PAY DURING THE TIME THEY ARE AWAY FROM THEIR REGULAR DUTIES ON ACCOUNT OF SAID APPEARANCE WITHOUT HAVING THE ABSENCE CHARGED TO THEIR ANNUAL LEAVE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, FEBRUARY 2, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 14, 1928, AS FOLLOWS:

COMMUNICATIONS HAVE BEEN RECEIVED FROM THE POSTMASTER AT BLACKSTONE, VIRGINIA, REPORTING THAT ON DECEMBER 7, 1927, RURAL CARRIER W. E. BARNES OF THAT OFFICE WAS SUMMONED TO APPEAR BEFORE UNITED STATES COMMISSIONER MELVIN FLEGENHIMER AS A WITNESS FOR THE GOVERNMENT IN THE CASE OF ESTELLE DAGNEY AGAINST THE UNITED STATES. THE POSTMASTER HAS REPORTED THAT ON THE DATE MENTIONED SERVICE WAS PERFORMED ON THE RURAL ROUTE BY A SUBSTITUTE CARRIER.

THE POSTMASTER REQUESTS THAT HE BE INFORMED WHETHER OR NOT THE RURAL CARRIER WAS ENTITLED TO SPECIAL LEAVE WITH PAY FOR DECEMBER 7TH, AS HE WOULD HAVE BEEN UNDER SECTION 734 OF THE POSTAL LAWS AND REGULATIONS IF THE CASE HAD BEEN TRIED IN A FEDERAL COURT.

A RULING FROM YOUR OFFICE GIVING THE INFORMATION DESIRED WILL BE APPRECIATED.

PARAGRAPH 3, SECTION 45, POSTAL LAWS AND REGULATIONS, 1924, PROVIDES THAT:

EMPLOYEES SERVING AS MEMBERS ON LOCAL CIVIL-SERVICE BOARDS DURING EXAMINATIONS OR AS WITNESSES FOR THE GOVERNMENT IN UNITED STATES COURTS SHALL BE GIVEN LEAVE WITH FULL PAY DURING NECESSARY ABSENCE OCCASIONED BY SUCH SERVICES.

SEE ALSO SECTION 850, REVISED STATUTES.

UNITED STATES COMMISSIONERS ARE APPOINTED BY THE UNITED STATES DISTRICT COURTS AND ARE IN FACT OFFICERS OF SAID COURTS. THE DUTIES OF SAID COMMISSIONERS AS TO HEARINGS ARE JUDICIAL IN THEIR NATURE AND THE APPEARANCE OF GOVERNMENT EMPLOYEES AS WITNESSES BEFORE THE COMMISSIONERS IN SO FAR AS THE RIGHT TO LEAVE WITH PAY IS CONCERNED MAY BE CONSIDERED AS AN APPEARANCE BEFORE THE COURT. ACCORDINGLY, YOU ARE ADVISED THAT THE EMPLOYEE REFERRED TO IN YOUR SUBMISSION WOULD BE ENTITLED TO PAY ON THE DATE HE APPEARED BEFORE THE UNITED STATES COMMISSIONER WITHOUT HAVING THE ABSENCE CHARGED TO HIS ANNUAL LEAVE.