A-26789, APRIL 22, 1929, 8 COMP. GEN. 554

A-26789: Apr 22, 1929

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COURTS - SPECIAL MASTERS WHERE THE SUBJECT MATTER OF A SUIT BETWEEN THE UNITED STATES AND THE STATE OF UTAH IN THE SUPREME COURT OF THE UNITED STATES IS REFERRED TO A SPECIAL MASTER THE GOVERNMENT'S SHARE OF THE COMPENSATION OF THE MASTER AND EXPENSES OF THE PROCEEDINGS IS PAYABLE FROM THE APPROPRIATION . IS PAYABLE FROM THE APPROPRIATION FOR "MISCELLANEOUS EXPENSES OF THE SUPREME COURT OF THE UNITED STATES" OR. WHAT APPROPRIATION UNDER THE CONTROL OF YOUR DEPARTMENT IS AVAILABLE THEREFOR. THE REFERENCE TO THE SPECIAL MASTER WAS DIRECTED BY ORDER OF THE COURT AS FOLLOWS: ON CONSIDERATION OF THE MOTION BY THE UNITED STATES FOR THE APPOINTMENT OF A SPECIAL MASTER TO TAKE THE EVIDENCE IN THIS CASE AND REPORT THE SAME TO THIS COURT WITH HIS FINDINGS OF FACT.

A-26789, APRIL 22, 1929, 8 COMP. GEN. 554

COURTS - SPECIAL MASTERS WHERE THE SUBJECT MATTER OF A SUIT BETWEEN THE UNITED STATES AND THE STATE OF UTAH IN THE SUPREME COURT OF THE UNITED STATES IS REFERRED TO A SPECIAL MASTER THE GOVERNMENT'S SHARE OF THE COMPENSATION OF THE MASTER AND EXPENSES OF THE PROCEEDINGS IS PAYABLE FROM THE APPROPRIATION ,MISCELLANEOUS EXPENSES, SUPREME COURT OF THE UNITED STATES," IF AND WHEN DIRECTED BY THE CHIEF JUSTICE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, APRIL 22, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 10, 1929, REQUESTING DECISION WHETHER THE GOVERNMENT'S SHARE OF THE COST OF PROCEEDINGS BEFORE A SPECIAL MASTER IN THE CASE OF THE UNITED STATES V. STATE OF UTAH, PENDING IN THE SUPREME COURT OF THE UNITED STATES, IS PAYABLE FROM THE APPROPRIATION FOR "MISCELLANEOUS EXPENSES OF THE SUPREME COURT OF THE UNITED STATES" OR, IF NOT, WHAT APPROPRIATION UNDER THE CONTROL OF YOUR DEPARTMENT IS AVAILABLE THEREFOR. THE REFERENCE TO THE SPECIAL MASTER WAS DIRECTED BY ORDER OF THE COURT AS FOLLOWS:

ON CONSIDERATION OF THE MOTION BY THE UNITED STATES FOR THE APPOINTMENT OF A SPECIAL MASTER TO TAKE THE EVIDENCE IN THIS CASE AND REPORT THE SAME TO THIS COURT WITH HIS FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS FOR A DECREE.

IT IS NOW HERE ORDERED THAT CHARLES WARREN, OF WASHINGTON, D.C., BE, AND HE IS HEREBY, APPOINTED A SPECIAL MASTER WITH THE POWERS OF A MASTER IN CHANCERY, AS PROVIDED IN THE RULES OF THIS COURT, TO TAKE THE EVIDENCE VIA VOCE OR BY DEPOSITION AND TO REPORT THE SAME TO THE COURT WITH THIS FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS FOR A DECREE--- ALL SUBJECT TO EXAMINATION, CONSIDERATION, APPROVAL, MODIFICATION, OR OTHER DISPOSAL BY THE COURT.

THE SPECIAL MASTER SHALL HAVE AUTHORITY (1) TO EMPLOY COMPETENT STENOGRAPHIC AND CLERICAL ASSISTANTS, (2) TO FIX THE TIMES AND PLACES OF TAKING THE EVIDENCE AND TO LIMIT THE TIME WITHIN WHICH EACH PARTY SHALL PRESENT ITS EVIDENCE, AND (3) TO ISSUE SUBPOENAS TO SECURE THE ATTENDANCE OF WITNESSES AND TO ADMINISTER OATHS. DEPOSITIONS OF WITNESSES RESIDING AT ANY PLACE MAY BE TAKEN UPON STIPULATION OF THE PARTIES, OR BY THE MODE PROVIDED IN THE RULES OF PRACTICE FOR THE COURTS OF EQUITY OF THE UNITED STATES, OR AS PROVIDED BY SECTIONS 863, 865-867 OF THE REVISED STATUTES FOR THE TAKING OF DEPOSITIONS DE BENE ESSE IN THE DISTRICT COURTS, OR AS MAY BE DIRECTED BY THE MASTER. THEY MAY BE RETURNED IN THE FIRST INSTANCE TO THE MASTER. WHEN THE SPECIAL MASTER'S REPORT OF HIS FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS FOR A DECREE IS COMPLETED, THE CLERK OF THE COURT SHALL CAUSE THE SAME TO BE PRINTED; AND WHEN THE SAME IS PRESENTED TO THE COURT IN PRINTED FORM, THE PARTIES WILL BE ACCORDED A REASONABLE TIME, TO BE FIXED BY THE COURT, WITHIN WHICH TO TO PRESENT EXCEPTIONS. THE SPECIAL MASTER SHALL BE ALLOWED HIS ACTUAL EXPENSES AND A REASONABLE COMPENSATION FOR HIS SERVICES, TO BE FIXED HEREAFTER BY THE COURT. THE ALLOWANCES TO HIM, THE COMPENSATION PAID TO HIS STENOGRAPHIC AND CLERICAL ASSISTANTS, AND THE COST OF PRINTING HIS REPORT SHALL BE CHARGED AGAINST AND BE BORNE BY THE PARTIES IN SUCH PROPORTIONS AS THE COURT HEREAFTER MAY DIRECT.

IF THE APPOINTMENT HEREIN MADE OF A SPECIAL MASTER IS NOT ACCEPTED, OR IF THE PLACE BECOMES VACANT DURING THE RECESS OF THE COURT, THE CHIEF JUSTICE SHALL HAVE AUTHORITY TO MAKE A NEW DESIGNATION, WHICH SHALL HAVE THE SAME EFFECT AS IF ORIGINALLY MADE BY THE COURT HEREIN.

THE APPROPRIATION FOR "MISCELLANEOUS EXPENSES, SUPREME COURT OF THE UNITED STATES," ACT OF FEBRUARY 15, 1928, 45 STAT. 79, PROVIDES AS FOLLOWS:

FOR MISCELLANEOUS EXPENSES OF THE SUPREME COURT OF THE UNITED STATES, INCLUDING RENT OF OFFICE FOR THE REPORTER IN WASHINGTON, TO BE EXPENDED AS THE CHIEF JUSTICE MAY DIRECT, $20,374.

THERE BEING NO OTHER APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE MORE SPECIFICALLY AVAILABLE FOR EXPENSES OF A SPECIAL MASTER, THE APPROPRIATION FOR "MISCELLANEOUS EXPENSES, SUPREME COURT OF THE UNITED STATES," WOULD APPEAR TO BE AVAILABLE THEREFOR, IF SUCH EXPENDITURE IS APPROVED AS UNDER THAT APPROPRIATION BY THE CHIEF JUSTICE OF THE SUPREME COURT OF THE UNITED STATES.