A-29470, DECEMBER 19, 1929, 9 COMP. GEN. 255

A-29470: Dec 19, 1929

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SUBSISTENCE A PERSON WHO WAS NEITHER SUBPOENAED NOR REQUESTED TO COME TO WASHINGTON. WHO PRESENTED HERSELF VOLUNTARILY TO THE FEDERAL TRADE COMMISSION AT WASHINGTON AND REQUESTED AND WAS GRANTED PERMISSION TO TESTIFY TO CERTAIN MATTERS CONSIDERED PERTINENT TO AN INQUIRY BEING CONDUCTED. WAS NOT A WITNESS "SUMMONED BEFORE THE COMMISSION" WITHIN THE PROVISIONS OF SECTION 9 OF THE ACT OF SEPTEMBER 26. IS NOT ENTITLED THEREUNDER TO MILEAGE AND WITNESS FEES. 1929: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8. TRANSMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED AN UNPAID VOUCHER COVERING MILEAGE. PRESTON WAS NOT SUBPOENAED AS A WITNESS BUT APPEARED VOLUNTARILY. SUMMONED" BEFORE THE FEDERAL TRADE COMMISSION ARE ENTITLED TO BE PAID THE SAME FEES AND MILEAGE THAT ARE PAID WITNESSES IN THE COURTS OF THE UNITED STATES.

A-29470, DECEMBER 19, 1929, 9 COMP. GEN. 255

WITNESSES - FEDERAL TRADE COMMISSION - MILEAGE, FEES, AND SUBSISTENCE A PERSON WHO WAS NEITHER SUBPOENAED NOR REQUESTED TO COME TO WASHINGTON, D.C. AS A WITNESS, BUT WHO PRESENTED HERSELF VOLUNTARILY TO THE FEDERAL TRADE COMMISSION AT WASHINGTON AND REQUESTED AND WAS GRANTED PERMISSION TO TESTIFY TO CERTAIN MATTERS CONSIDERED PERTINENT TO AN INQUIRY BEING CONDUCTED, WAS NOT A WITNESS "SUMMONED BEFORE THE COMMISSION" WITHIN THE PROVISIONS OF SECTION 9 OF THE ACT OF SEPTEMBER 26, 1914, 38 STAT. 723, AND IS NOT ENTITLED THEREUNDER TO MILEAGE AND WITNESS FEES.

COMPTROLLER GENERAL MCCARL TO A. N. ROSS, DISBURSING CLERK, FEDERAL TRADE COMMISSION, DECEMBER 19, 1929:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1929, TRANSMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED AN UNPAID VOUCHER COVERING MILEAGE, ATTENDANCE FEES, AND SUBSISTENCE PER DIEM IN THE SUM OF $355.30 IN FAVOR OF JOSEPHINE CORLISS PRESTON, OLYMPIA, WASH., IN CONNECTION WITH HER APPEARANCE AS A WITNESS BEFORE THE FEDERAL TRADE COMMISSION ON OCTOBER 24, 1928, IN THE ,PUBLIC UTILITIES INQUIRY--- S.R. 83," IT APPEARING THAT MRS. PRESTON WAS NOT SUBPOENAED AS A WITNESS BUT APPEARED VOLUNTARILY.

UNDER THE PROVISIONS OF SECTION 9 OF THE ACT OF SEPTEMBER 26, 1914, 38 STAT. 723, WITNESSES ,SUMMONED" BEFORE THE FEDERAL TRADE COMMISSION ARE ENTITLED TO BE PAID THE SAME FEES AND MILEAGE THAT ARE PAID WITNESSES IN THE COURTS OF THE UNITED STATES.

IT APPEARS THAT MRS. PRESTON WAS NEITHER SUBPOENAED NOR REQUESTED TO COME TO WASHINGTON AS A WITNESS, BUT THAT SHE PRESENTED HERSELF VOLUNTARILY TO THE COMMISSION AT WASHINGTON AND REQUESTED PERMISSION TO TESTIFY TO CERTAIN MATTERS CONSIDERED PERTINENT TO THE INQUIRY. THE REQUEST WAS GRANTED, AND HER TESTIMONY WAS GIVEN ON OCTOBER 24, 1928, AND SHE WAS DISCHARGED AS A WITNESS THE SAME DAY. ON THIS STATE OF FACTS SHE CLAIMS MILEAGE FROM OLYMPIA, WASH., TO WASHINGTON, D.C., AND RETURN, PLUS FEES AND PER DIEMS OF $5 A DAY FOR 11 DAYS FOR TRAVEL AND ATTENDANCE.

AS THE ATTENDANCE OF MRS. PRESTON AS A WITNESS WAS NEITHER COMMANDED NOR REQUESTED BY THE COMMISSION, SHE WAS NOT A WITNESS "SUMMONED BEFORE THE COMMISSION" WITHIN THE TERMS OF THE CONTROLLING STATUTE, SUPRA. SHE WAS PURELY A VOLUNTEER AND IS NOT ENTITLED TO THE MILEAGE AND FEES CLAIMED. THE VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE, NO PAYMENT THEREON BEING AUTHORIZED.