A-25637, JANUARY 19, 1929, 8 COMP. GEN. 381

A-25637: Jan 19, 1929

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WHEN SUBSTITUTE RAILWAY POSTAL CLERKS ARE ASSIGNED TO RUNS NOT HEADING OUT OF OFFICIAL HEADQUARTERS. 1929: I HAVE YOUR LETTER OF JANUARY 4. WHEN SUBSTITUTE RAILWAY POSTAL CLERKS ARE ASSIGNED TO RUNS NOT HEADING OUT OF OFFICIAL HEADQUARTERS. HERE INVOLVED ARE AS FOLLOWS: THAT HEREAFTER. THE POSTMASTER GENERAL IS HEREBY AUTHORIZED TO MAKE TRAVEL ALLOWANCES IN LIEU OF ACTUAL EXPENSES. WITH REFERENCE TO THE MATTER YOU STATE: * * * THE OFFICIAL HEADQUARTERS OF THE SUBSTITUTE CLERKS INVOLVED IS GRAND RAPIDS. WHEN THESE SUBSTITUTES ARE ASSIGNED TO RUNS HEADING OUT OF GRAND RAPIDS THEY ARE GIVEN THE TRAVEL ALLOWANCE OF THE RUN. WHEN ASSIGNED TO RUNS HEADING OUT OF RICHMOND THEY ARE GIVEN THEIR ACTUAL AND NECESSARY TRAVEL EXPENSES.

A-25637, JANUARY 19, 1929, 8 COMP. GEN. 381

TRAVELING EXPENSES - SUBSTITUTE RAILWAY POSTAL CLERKS UNDER THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, SUBSTITUTE RAILWAY POSTAL CLERKS MAY NOT BE PAID THE TRAVEL ALLOWANCE OF THE RUN WHEN ASSIGNED TO A RUN HEADING OUT OF A POINT OTHER THAN OFFICIAL HEADQUARTERS. WHEN SUBSTITUTE RAILWAY POSTAL CLERKS ARE ASSIGNED TO RUNS NOT HEADING OUT OF OFFICIAL HEADQUARTERS, THEY MAY NOT BE ALLOWED ITEMS OF TRAVEL EXPENSE INCURRED AT THE POINT OF THEIR RESIDENCE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 19, 1929:

I HAVE YOUR LETTER OF JANUARY 4, 1929, REFERRING TO THE PROVISIONS OF THE POSTAL RECLASSIFICATION ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, RELATIVE TO TRAVEL ALLOWANCE OF SUBSTITUTE RAILWAY POSTAL CLERKS AND REQUESTING DECISION OF TWO QUESTIONS, AS FOLLOWS:

1. MAY SUBSTITUTE RAILWAY POSTAL CLERKS BE PAID THE TRAVEL ALLOWANCE OF THE RUN WHEN ASSIGNED TO A RUN HEADING OUT OF A POINT OTHER THAN OFFICIAL HEADQUARTERS?

2. WHEN SUBSTITUTE RAILWAY POSTAL CLERKS ARE ASSIGNED TO RUNS NOT HEADING OUT OF OFFICIAL HEADQUARTERS, MAY THEY BE ALLOWED ITEMS OF TRAVEL EXPENSE INCURRED AT POINT OF RESIDENCE?

THE PROVISIONS OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, HERE INVOLVED ARE AS FOLLOWS:

THAT HEREAFTER, IN ADDITION TO THE SALARIES PROVIDED BY LAW, THE POSTMASTER GENERAL IS HEREBY AUTHORIZED TO MAKE TRAVEL ALLOWANCES IN LIEU OF ACTUAL EXPENSES, AT FIXED RATES PER ANNUM, NOT EXCEEDING IN THE AGGREGATE THE SUM ANNUALLY APPROPRIATED, TO RAILWAY POSTAL CLERKS, ACTING RAILWAY POSTAL CLERKS, AND SUBSTITUTE RAILWAY POSTAL CLERKS, INCLUDING SUBSTITUTE RAILWAY POSTAL CLERKS FOR RAILWAY POSTAL CLERKS GRANTED LEAVE WITH PAY ON ACCOUNT OF SICKNESS, ASSIGNED TO DUTY IN RAILWAY POST-OFFICE CARS, WHILE ON DUTY, AFTER 10 HOURS FROM THE TIME OF BEGINNING THEIR INITIAL RUN, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, AND IN NO CASE SHALL SUCH AN ALLOWANCE EXCEED $3 PER DAY.

SUBSTITUTE RAILWAY POSTAL CLERKS SHALL BE CREDITED WITH FULL TIME WHILE TRAVELING UNDER ORDERS OF THE DEPARTMENT TO AND FROM THEIR DESIGNATED HEADQUARTERS TO TAKE UP AN ASSIGNMENT, TOGETHER WITH ACTUAL AND NECESSARY TRAVEL EXPENSES, NOT TO EXCEED $3 PER DAY, WHILE ON DUTY AWAY FROM SUCH HEADQUARTERS. WHEN A SUBSTITUTE CLERK PERFORMS SERVICE IN A RAILWAY POST OFFICE STARTING FROM HIS OFFICIAL HEADQUARTERS HE SHALL BE ALLOWED TRAVEL EXPENSES UNDER THE LAW APPLYING TO CLERKS REGULARLY ASSIGNED TO THE RUN.

IT APPEARS FROM YOUR SUBMISSION THAT THE QUESTIONS PRESENTED ARISE IN CONNECTION WITH THE SERVICE OF SUBSTITUTE RAILWAY POSTAL CLERKS WHO RESIDE IN RICHMOND, IND. WITH REFERENCE TO THE MATTER YOU STATE:

* * * THE OFFICIAL HEADQUARTERS OF THE SUBSTITUTE CLERKS INVOLVED IS GRAND RAPIDS, MICH. WHEN THESE SUBSTITUTES ARE ASSIGNED TO RUNS HEADING OUT OF GRAND RAPIDS THEY ARE GIVEN THE TRAVEL ALLOWANCE OF THE RUN. WHEN ASSIGNED TO RUNS HEADING OUT OF RICHMOND THEY ARE GIVEN THEIR ACTUAL AND NECESSARY TRAVEL EXPENSES, NOT EXCEEDING $3 PER DAY, WHILE ON DUTY AWAY FROM GRAND RAPIDS, THEIR OFFICIAL HEADQUARTERS, AS EVIDENCED BY VOUCHERS ON FORM 1012, EXCEPT THAT NO ITEMS ARE ALLOWED AT RICHMOND BECAUSE THAT IS THEIR RESIDENCE. * * *.

THE QUESTIONS WILL BE CONSIDERED IN THE ORDER ABOVE STATED.

1. FROM THE WORDING OF THE ACT IT SEEMS CLEAR THAT THE CONGRESS INTENDED TO GRANT THE TRAVEL ALLOWANCE APPLYING TO THE RUN OF THE REGULAR CLERK ONLY WHEN THE SUBSTITUTE PERFORMS SERVICE ON A RUN STARTING FROM HIS OFFICIAL HEADQUARTERS. UNDER THE MAXIM, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS, THE SPECIFIC PROVISION IN THE STATUTE THAT WHEN A SUBSTITUTE CLERK PERFORMS SERVICE IN A RAILWAY POST OFFICE STARTING FROM HIS OFFICIAL HEADQUARTERS HE SHALL BE ALLOWED TRAVEL EXPENSES UNDER THE LAW APPLYING TO CLERKS REGULARLY ASSIGNED TO THE RUN, PRECLUDES THE ALLOWANCE OF SUCH EXPENSES ON ANY RUN, STARTING FROM A TERMINAL OTHER THAN HIS OFFICIAL HEADQUARTERS.

ACCORDINGLY, IT MUST BE HELD THAT SUBSTITUTE RAILWAY POSTAL CLERKS MAY NOT BE PAID THE TRAVEL ALLOWANCE OF THE RUN WHEN ASSIGNED TO A RUN HEADING OUT OF A POINT OTHER THAN OFFICIAL HEADQUARTERS. HENCE, SUBSTITUTES WHILE ON DUTY ON A RUN STARTING FROM THEIR RESIDENCE ARE ON AN ACTUAL EXPENSE AS DISTINGUISHED FROM A FIXED ALLOWANCE BASIS.

2. IT APPEARS FROM THE SUBMISSION THAT THE OFFICIAL RUNS OF THE SUBSTITUTE RAILWAY POSTAL CLERKS INVOLVED IN THIS QUESTION BEGIN AT THE PLACE OF THEIR RESIDENCE WHICH IS AT A POINT OTHER THAN THEIR OFFICIAL HEADQUARTERS. THE ACT OF FEBRUARY 28, 1925, SUPRA, CONTEMPLATES THAT REIMBURSEMENT OF ACTUAL AND NECESSARY TRAVEL EXPENSES WILL BE MADE TO SUCH SUBSTITUTES WHILE ON DUTY AWAY FROM THEIR DESIGNATED HEADQUARTERS. OBVIOUSLY THESE SUBSTITUTES ARE NOT "ON DUTY" WHILE AT THEIR PLACE OF RESIDENCE BEFORE THEY BEGIN THEIR WORK ON THE RAILWAY POST-OFFICE CAR AT THE TERMINAL STATION, OR AFTER THEY DEPART FROM SUCH WORK AT SAID PLACE TO GO TO THEIR HOMES. THEREFORE, THEY ARE NOT ENTITLED UNDER THE ACT TO REIMBURSEMENT OF TRAVEL EXPENSES INCURRED IN CONNECTION WITH TRAVEL PERFORMED BETWEEN THEIR HOMES AND THEIR DUTIES AT THE PLACE OF RESIDENCE. (27 COMP. DEC. 1060.) THE BASIS FOR THE ALLOWANCE OF THE TRAVEL EXPENSES, UNDER THIS ACT, IS PERFORMANCE OF DUTY AWAY FROM HEADQUARTERS NOT THE TRAVEL AWAY FROM HEADQUARTERS.

ACCORDINGLY, WHEN SUBSTITUTE, RAILWAY POSTAL CLERKS ARE ASSIGNED TO RUNS NOT HEADING OUT OF OFFICIAL HEADQUARTERS, THEY MAY NOT BE ALLOWED ANY ITEMS OF TRAVEL EXPENSE INCURRED AT THE POINT OF THEIR RESIDENCE EITHER BEFORE BEGINNING OR AFTER COMPLETING ACTUAL PERFORMANCE OF DUTIES.