A-9895, A-24527, NOVEMBER 2, 1928, 8 COMP. GEN. 224

A-24527,A-9895: Nov 2, 1928

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IT IS REPRESENTED THAT IT WOULD BE IMPRACTICABLE TO COMPLY WITH THIS REQUEST FOR THE FOLLOWING REASONS: * * * THE PRISONER FURNISHES A RECEIPT FOR TRANSPORTATION AND GRATUITIES AT THE TIME OF HIS RELEASE. THE ORIGINAL RECEIPT IS FILED WITH YOUR OFFICE IN CONNECTION WITH VOUCHERS IN PAYMENT OF THE PROPER ACCOUNTS. THE TRANSPORTATION REQUESTS ARE ISSUED BY THE WARDEN. THE RAILROAD TICKET IS PROCURED BY THE WARDEN. IS NOT DELIVERED TO THE PRISONER UNTIL HIS RELEASE FROM THE INSTITUTION. IT IS. IS INADVISABLE TO REQUIRE PRISONERS TO LEAVE THEIR CELLS AND COME TO THE ADMINISTRATIVE OFFICES TO SIGN EACH TIME THEY RECEIVE GRATUITIES. THE USE OF TRANSPORTATION REQUESTS FOR DISCHARGED PRISONERS INVOLVES A PROCEDURE WHICH MUST NECESSARILY DIFFER FROM THAT OF THE CIVILIAN TO WHOM THE REQUESTS ARE PERSONALLY DELIVERED.

A-9895, A-24527, NOVEMBER 2, 1928, 8 COMP. GEN. 224

TRANSPORTATION - REQUESTS - PRISONERS ON DISCHARGE IN FURNISHING TRANSPORTATION TO PRISONERS UPON DISCHARGE, THE NAME OF THE PRISONER MUST BE GIVEN ON THE TRANSPORTATION REQUEST AS THE TRAVELER, BUT, IT BEING NECESSARY FOR THE WARDEN TO PROCURE THE TICKET IN ADVANCE OF THE RELEASE OF THE PRISONER, THE PRISONER'S NAME MAY BE SIGNED BY THE WARDEN, AS, FOR INSTANCE: "JOHN SMITH, DISCHARGED PRISONER, BY JOHN W. SNOOKS, WARDEN.'

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, NOVEMBER 2, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 20, 1928, WITH RESPECT TO THE LETTER OF THIS OFFICE OF OCTOBER 12, 1928, TO THE WARDEN OF THE UNITED STATES PENITENTIARY AT ATLANTA, GA., REQUESTING THAT TRANSPORTATION REQUESTS USED FOR THE TRANSPORTATION OF DISCHARGED PRISONERS BE SIGNED BY THE PRISONER IN PERSON. IT IS REPRESENTED THAT IT WOULD BE IMPRACTICABLE TO COMPLY WITH THIS REQUEST FOR THE FOLLOWING REASONS:

* * * THE PRISONER FURNISHES A RECEIPT FOR TRANSPORTATION AND GRATUITIES AT THE TIME OF HIS RELEASE, AND THE ORIGINAL RECEIPT IS FILED WITH YOUR OFFICE IN CONNECTION WITH VOUCHERS IN PAYMENT OF THE PROPER ACCOUNTS. THE TRANSPORTATION REQUESTS ARE ISSUED BY THE WARDEN, THE RAILROAD TICKET IS PROCURED BY THE WARDEN, AND IS NOT DELIVERED TO THE PRISONER UNTIL HIS RELEASE FROM THE INSTITUTION. AS A MATTER OF ADMINISTRATION THE DEPARTMENT OBJECTS TO REQUESTING A PRISONER TO SIGN A RECEIPT BEFORE HE RECEIVES THE ARTICLE FOR WHICH HE SIGNS. IT IS, OF COURSE, IMPOSSIBLE THAT THE PRISONER PRESENTS THE TRANSPORTATION REQUEST TO THE RAILROAD OFFICIALS. IN FACT, THE REQUEST PASSES OUT OF THE POSSESSION OF PRISON OFFICIALS SOME DAYS BEFORE THE PRISONER RECEIVES THE RAILROAD TICKET. IS INADVISABLE TO REQUIRE PRISONERS TO LEAVE THEIR CELLS AND COME TO THE ADMINISTRATIVE OFFICES TO SIGN EACH TIME THEY RECEIVE GRATUITIES, CLOTHING, OR TRANSPORTATION.

THE USE OF TRANSPORTATION REQUESTS FOR DISCHARGED PRISONERS INVOLVES A PROCEDURE WHICH MUST NECESSARILY DIFFER FROM THAT OF THE CIVILIAN TO WHOM THE REQUESTS ARE PERSONALLY DELIVERED, AND WHO RECEIVE THE RAILROAD TICKETS FROM REPRESENTATIVES OF THE TRANSPORTATION COMPANIES. WE CONSIDER THE USE OF THESE REQUESTS TO BE PRACTICALLY ON A PAR WITH THE CASE WHERE ONE TRAVELER IN CHARGE OF A GROUP OF PRISONERS ISSUES ONE TRANSPORTATION REQUEST FOR THE PARTY. THE WARDEN ISSUES THE REQUEST AND PROCURES THE TICKET WHICH TOGETHER WITH OTHER GRATUITIES OR ALLOWANCES PROVIDED BY LAW, IS DELIVERED TO THE PRISONER AT THE TIME OF HIS RELEASE FROM THE INSTITUTION.

IN VIEW OF YOUR EXPLANATION THE SIGNATURE OF THE PRISONER WILL NOT BE REQUIRED ON THE TRANSPORTATION REQUEST, BUT OBVIOUSLY, IT IS NOT PROPER FOR THE WARDEN TO SIGN AS TRAVELER WHEN HE IS NOT THE TRAVELER. THE NAME OF THE TRAVELER SHOULD APPEAR ON THE REQUEST. THIS IS NECESSARY FOR RECORD AND AUDIT PURPOSES. HOWEVER, IT WILL BE SUFFICIENT IF THE DISCHARGED PRISONER'S NAME BE SIGNED BY THE WARDEN, AS, FOR INSTANCE: "JOHN SMITH, DISCHARGED PRISONER, BY JOHN W. SNOOKS, WARDEN.' THIS SHOULD BE THE PRACTICE HEREAFTER.