A-28330, AUGUST 16, 1929, 9 COMP. GEN. 79

A-28330: Aug 16, 1929

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WITNESSES - FEES AND MILEAGE - FEDERAL TRADE COMMISSION WITNESSES SUMMONED TO APPEAR BEFORE AN EXAMINER OF THE FEDERAL TRADE COMMISSION ARE ENTITLED ONLY TO FEES AND MILEAGE FOR THE TIME AND DISTANCE NECESSARY TO TRAVEL BETWEEN PLACE OF RESIDENCE TO WHICH THE SUBPOENA WAS ADDRESSED AND PLACE OF HEARING AND FEES FOR TIME CONSUMED AT THE HEARING. IF BOTH ARE IN THE SAME CITY AND THE HEARING IS CANCELED BEFORE THE DATE SET. NO FEES OR MILEAGE ARE PAYABLE. NOTWITHSTANDING THAT A WITNESS MAY HAVE ACTUALLY RECEIVED A SUBPOENA WHILE ON A VISIT TO ANOTHER PLACE AND RETURNED HOME EARLIER THAN INTENDED. 1929: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JULY 17. FORWARDING WITH REQUEST TO BE ADVISED WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER IN FAVOR OF MRS.

A-28330, AUGUST 16, 1929, 9 COMP. GEN. 79

WITNESSES - FEES AND MILEAGE - FEDERAL TRADE COMMISSION WITNESSES SUMMONED TO APPEAR BEFORE AN EXAMINER OF THE FEDERAL TRADE COMMISSION ARE ENTITLED ONLY TO FEES AND MILEAGE FOR THE TIME AND DISTANCE NECESSARY TO TRAVEL BETWEEN PLACE OF RESIDENCE TO WHICH THE SUBPOENA WAS ADDRESSED AND PLACE OF HEARING AND FEES FOR TIME CONSUMED AT THE HEARING. IF BOTH ARE IN THE SAME CITY AND THE HEARING IS CANCELED BEFORE THE DATE SET, NO FEES OR MILEAGE ARE PAYABLE, NOTWITHSTANDING THAT A WITNESS MAY HAVE ACTUALLY RECEIVED A SUBPOENA WHILE ON A VISIT TO ANOTHER PLACE AND RETURNED HOME EARLIER THAN INTENDED.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE FEDERAL TRADE COMMISSION, AUGUST 16, 1929:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JULY 17, 1929, FORWARDING WITH REQUEST TO BE ADVISED WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER IN FAVOR OF MRS. H. S. LAMBERT FOR $38.10 AS WITNESS FEES AND MILEAGE.

IT APPEARS FROM THE ACCOMPANYING PAPERS THAT A SUBPOENA WAS ISSUED APRIL 30, 1929, BY THE FEDERAL TRADE COMMISSION ADDRESSED TO THE CLAIMANT AT 634 RIDGEDALE ROAD, DAYTON, OHIO, REQUIRING HER TO APPEAR AT 10 A.M. MAY 17, 1929, BEFORE AN EXAMINER OF YOUR COMMISSION AT THE POST-OFFICE BUILDING AT DAYTON. ON MAY 15, 1929, THE COMMISSIONER CANCELED THE HEARING AND NOTIFIED THE CLAIMANT THAT IT WOULD NOT BE NECESSARY FOR HER TO APPEAR. IN A LETTER DATED AT DAYTON, MAY 17, 1929, MRS. LAMBERT STATES THAT SHE RECEIVED THE SUBPOENA WHILE ON A VISIT TO HER DAUGHTER AT RIDGEWOOD, N.J., AND MADE A SPECIAL TRIP HOME TO BE THERE FOR THE HEARING; THAT SHE DID NOT RECEIVE THE NOTICE OF THE CANCELLATION OF THE HEARING UNTIL AFTER SHE HAD REACHED HOME.

IN SECTION 9 OF THE FEDERAL TRADE COMMISSION ACT OF SEPTEMBER 26, 1914, 38 STAT. 722, IT IS PROVIDED THAT WITNESSES SUMMONED BEFORE THE COMMISSION SHALL BE PAID THE SAME FEES AND MILEAGE THAT ARE PAID WITNESSES IN THE COURTS OF THE UNITED STATES. THE APPROPRIATION FOR EXPENSES OF THE FEDERAL TRADE COMMISSION AS MADE IN ACT OF MAY 16, 1928, 45 STAT. 579, PROVIDES FOR THE PAYMENT OF WITNESS FEES AND MILEAGE IN ACCORDANCE WITH SECTION 9 OF THE FEDERAL TRADE COMMISSION ACT. THE FEES AND MILEAGE PAYABLE TO WITNESSES IN THE COURTS OF THE UNITED STATES ARE PRESCRIBED BY SECTION 3 OF THE ACT OF APRIL 26, 1926, 44 STAT. 323 AS FOLLOWS:

WITNESSES ATTENDING IN SUCH COURTS, OR BEFORE SUCH COMMISSIONERS, SHALL RECEIVE FOR EACH DAY'S ATTENDANCE AND FOR THE TIME NECESSARILY OCCUPIED IN GOING TO AND RETURNING FROM THE SAME $2, AND 5 CENTS PER MILE FOR GOING FROM HIS OR HER PLACE OF RESIDENCE TO THE PLACE OF TRIAL OR HEARING AND 5 CENTS PER MILE FOR RETURNING: * * *

IN CONSIDERING SECTION 848, REVISED STATUTES, WHICH PRESCRIBE THE FEES AND MILEAGE OF WITNESSES PRIOR TO THE ACT OF APRIL 26, 1926, SUPRA, IT WAS HELD IN A DECISION OF JANUARY 19, 1920, TO YOUR COMMISSION, 26 COMP. DEC. 570, THAT:

THE RIGHT OF WITNESSES TO MILEAGE FOR THE DISTANCE TRAVELED BY THE SHORTEST USUALLY TRAVELED ROUTE FROM THEIR PLACE OF RESIDENCE TO THE PLACE OF HEARING AND IN RETURNING THERETO IN OBEDIENCE TO A SUBPOENA IS NOT AFFECTED BY THE FACT THAT SAID DISTANCE IS LESS OR GREATER THAN THE DISTANCE FROM THE PLACE OF ACTUAL RECEIPT OF THE SUBPOENA TO THE PLACE OF HEARING AND RETURN.

THE FACTS IN THAT CASE WERE VERY SIMILAR TO THE FACTS PRESENTED IN YOUR SUBMISSION. A SUBPOENA WAS ADDRESSED TO A TRAVELING SALESMAN AT HIS RESIDENCE IN PHILADELPHIA AND RECEIVED BY HIM AT BLOOMSBURG, PA. HE ALLEGED THAT HE LEFT BLOOMSBURG HURRIEDLY IN ORDER TO BE PRESENT IN NEW YORK CITY AT THE APPOINTED TIME, AND AFTER THE HEARING LEFT NEW YORK CITY TO RETURN TO BLOOMSBURG, PA., TO FINISH HIS BUSINESS THERE. IT WAS HELD THAT THE PAYMENT OF MILEAGE WAS LIMITED TO THAT FOR THE DISTANCE BETWEEN PHILADELPHIA AND NEW YORK.

AS THE SUBPOENA IN THE PRESENT CASE WAS ADDRESSED TO MRS. LAMBERT AT HER RESIDENCE, WHICH WAS IN THE SAME CITY AS THE PLACE OF THE HEARING, NO MILEAGE IS PAYABLE, AND AS NO HEARING WAS ACTUALLY HAD NO FEED FOR ATTENDANCE AT SUCH A HEARING ARE PAYABLE. THE VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE, NO PAYMENT THEREON BEING AUTHORIZED.