A-30207, MAY 26, 1930, 9 COMP. GEN. 490

A-30207: May 26, 1930

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MILEAGE - NAVY OFFICER AN OFFICER OF THE NAVY IS NOT ENTITLED TO MILEAGE FOR TRAVEL PERFORMED IN APPEARING BEFORE A STATE COMMITTEE OF SELECTION AS A CANDIDATE FOR A RHODES SCHOLARSHIP. AS THE MATTER IS PERSONAL TO THE CANDIDATE. IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED UNDER ORDERS OF THE BUREAU OF NAVIGATION. YOU WILL PROCEED TO SIOUX FALLS. AT SUCH TIME AS WILL ENABLE YOU TO REPORT ON 6 DECEMBER. THIS IS IN ADDITION TO YOUR PRESENT DUTIES. UPON THE COMPLETION THEREOF YOU WILL RETURN TO THE U.S.S. YOU ARE FURTHER DIRECTED TO COMMUNICATE DIRECTLY BY LETTER WITH MR. IS IN PART AS FOLLOWS: 1. - THE STIPEND OF A RHODES SCHOLARSHIP IS FIXED AT 400 POUNDS PER YEAR. THIS SUM WILL BE SUFFICIENT WITH ECONOMY TO MEET A RHODES SCHOLAR'S NECESSARY EXPENSES FOR TERM TIME AND VACATIONS.

A-30207, MAY 26, 1930, 9 COMP. GEN. 490

MILEAGE - NAVY OFFICER AN OFFICER OF THE NAVY IS NOT ENTITLED TO MILEAGE FOR TRAVEL PERFORMED IN APPEARING BEFORE A STATE COMMITTEE OF SELECTION AS A CANDIDATE FOR A RHODES SCHOLARSHIP, AS THE MATTER IS PERSONAL TO THE CANDIDATE.

COMPTROLLER GENERAL MCCARL TO LIEUT. JONAS F. RUPERT, UNITED STATES NAVY, MAY 26, 1930:

BY INDORSEMENT OF THE SECRETARY OF THE NAVY JANUARY 13, 1930, THERE HAS BEEN RECEIVED YOUR REQUEST TO BE ADVISED WHETHER ENSIGN FRANK M. ADAMSON, UNITED STATES NAVY, IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED UNDER ORDERS OF THE BUREAU OF NAVIGATION, NOVEMBER 16, 1929, AS FOLLOWS:

FROM: BUREAU OF NAVIGATION.

TO: ENSIGN FRANK M. ADAMSON, U.S.N., U.S.S. TEXAS

VIA: COMMANDING OFFICER.

SUBJECT: TEMPORARY ADDITIONAL DUTY.

1. WHEN DIRECTED BY YOUR COMMANDING OFFICER, YOU WILL PROCEED TO SIOUX FALLS, SOUTH DAKOTA, AT SUCH TIME AS WILL ENABLE YOU TO REPORT ON 6 DECEMBER, 1929, TO MR. M. A. BROWN, SECRETARY, COMMITTEE OF SELECTION, RHODES SCHOLARSHIPS, STATE OF SOUTH DAKOTA, FOR TEMPORARY DUTY IN CONNECTION WITH A PROSPECTIVE ASSIGNMENT TO A COURSE OF INSTRUCTION WITH THE RHODES SCHOLARSHIP.

2. THIS IS IN ADDITION TO YOUR PRESENT DUTIES, AND UPON THE COMPLETION THEREOF YOU WILL RETURN TO THE U.S.S. TEXAS AND RESUME YOUR REGULAR DUTIES.

3. YOU ARE FURTHER DIRECTED TO COMMUNICATE DIRECTLY BY LETTER WITH MR. M. A. BROWN, COUNSELOR AND ATTORNEY AT LAW, CHAMBERLAIN, SOUTH DAKOTA, REGARDING THIS DUTY.

(SIGNED) R. H. LEIGH.

THE RHODES SCHOLARSHIPS MEMORANDUM--- THE UNITED STATES OF AMERICA-- 1929, IS IN PART AS FOLLOWS:

1. GENERAL REGULATIONS.--- THE STIPEND OF A RHODES SCHOLARSHIP IS FIXED AT 400 POUNDS PER YEAR. THIS SUM WILL BE SUFFICIENT WITH ECONOMY TO MEET A RHODES SCHOLAR'S NECESSARY EXPENSES FOR TERM TIME AND VACATIONS, BUT SCHOLARS WHO CAN AFFORD TO SUPPLEMENT IT FROM THEIR OWN FUNDS MAY FIND IT ADVANTAGEOUS TO DO SO. * * *

A CANDIDATE TO BE ELIGIBLE MUST---

(A) BE A MALE CITIZEN OF THE UNITED STATES, WITH A LEAST FIVE YEARS' DOMICILE, AND UNMARRIED.

(B) BY THE 1ST OF OCTOBER OF THE YEAR FOR WHICH HE IS ELECTED HAVE PASSED HIS NINETEENTH AND NOT HAVE PASSED HIS TWENTY-FIFTH BIRTHDAY. (IN 1929 SCHOLARS WILL BE ELECTED TO ENTER OXFORD IN OCTOBER, 1930. CANDIDATES ARE ELIGIBLE WHO WERE BORN ON OR AFTER OCTOBER 1, 1905, AND BEFORE OCTOBER 1, 1911.)

(C) BY THE 1ST OF OCTOBER OF THE YEAR FOR WHICH HE IS ELECTED (I.E., 1930) HAVE COMPLETED AT LEAST HIS SOPHOMORE YEAR AT SOME RECOGNIZED DEGREE -GRANTING UNIVERSITY OR COLLEGE OF THE UNITED STATES OF AMERICA.

CANDIDATES MAY APPLY EITHER FOR THE STATE IN WHICH THEY HAVE THEIR ORDINARY PRIVATE DOMICILE, HOME, OR RESIDENCE, OR FOR ANY STATE IN WHICH THEY MAY HAVE RECEIVED AT LEAST TWO YEARS OF THEIR COLLEGE EDUCATION BEFORE APPLYING.

FOR EACH STATE THERE WILL BE A COMMITTEE OF SELECTION, IN WHOSE HANDS, SUBJECT TO RATIFICATION BY THE TRUSTEES, THE NOMINATIONS WILL REST. THE 1929 SELECTIONS WILL BE MADE DECEMBER 7.

2. INSTITUTIONAL SELECTION.--- CANDIDATES MUST IN THE FIRST INSTANCE BE SELECTED BY THEIR OWN COLLEGE OR UNIVERSITY. THE METHOD OF DOING THIS IS LEFT TO EACH INSTITUTION, BUT INSTITUTIONAL SELECTIONS MUST BE MADE EARLY ENOUGH TO ALLOW CANDIDATES TO FILE APPLICATIONS WITH SECRETARIES OF STATE COMMITTEES NOT LATER THAN OCTOBER 19TH. IT IS RECOMMENDED THAT INSTITUTIONAL SELECTIONS BE COMPLETED NOT LATER THAN OCTOBER 12TH. * * *

3. BASIS OF SELECTION.--- IN THAT SECTION OF THE WILL IN WHICH HE DEFINED THE GENERAL TYPE OF SCHOLAR HE DESIRED MR. RHODES MENTIONED FOUR GROUPS OF QUALITIES, THE FIRST TWO OF WHICH HE CONSIDERED MOST IMPORTANT:

(1) LITERARY AND SCHOLASTIC ABILITY AND ATTAINMENTS.

(2) QUALITIES OF MANHOOD, TRUTH, COURAGE, DEVOTION TO DUTY, SYMPATHY, KINDLINESS, UNSELFISHNESS, AND FELLOWSHIP.

(3) EXHIBITION OF MORAL FORCE OF CHARACTER AND OF INSTINCTS TO LEAD AND TO TAKE AN INTEREST IN HIS SCHOOLMATES.

(4) PHYSICAL VIGOUR, AS SHOWN BY INTEREST IN OUTDOOR SPORTS OR IN OTHER WAYS.

THE IDEAL RHODES SCHOLAR SHOULD EXCEL IN ALL FOUR OF THE QUALITIES INDICATED, BUT IN THE ABSENCE OF SUCH AN IDEAL COMBINATION, COMMITTEES WILL PREFER A MAN WHO SHOWS DISTINCTION EITHER OF CHARACTER AND PERSONALITY, OR OF INTELLECT, OVER ONE WHO SHOWS A LOWER DEGREE OF EXCELLENCE IN BOTH. PARTICIPATION AND INTEREST IN OPEN-AIR AND ATHLETIC PURSUITS FORM AN ESSENTIAL QUALIFICATION FOR A RHODES SCHOLAR, BUT EXCEPTIONAL ATHLETIC DISTINCTION IS NOT TO BE TREATED AS OF EQUAL IMPORTANCE WITH THE OTHER REQUIREMENTS. SUCCESS IN BEING ELECTED TO OFFICE IN STUDENT ORGANIZATIONS MAY OR MAY NOT BE EVIDENCE OF LEADERSHIP IN THE TRUE SENSE OF THE WORD. MR. RHODES EVIDENTLY REGARDED LEADERSHIP AS CONSISTING IN MORAL COURAGE AND IN INTEREST IN ONE'S FELLOWMEN QUITE AS MUCH AS IN THE MORE AGGRESSIVE QUALITIES.

4. METHOD OF SELECTION.--- EACH CANDIDATE FOR A SCHOLARSHIP IS REQUIRED TO MAKE APPLICATION TO THE SECRETARY OF THE COMMITTEE OF SELECTION OF THE STATE IN WHICH HE WISHES TO COMPETE NOT LATER THAN OCTOBER 19, USING THE APPLICATION FORM PRINTED IN THIS MEMORANDUM, AND FURNISHING THE MATERIAL THERE SPECIFIED.

THE APPLICATION FORM REQUIRED TO BE FILED BY EACH APPLICANT IS IN PART AS FOLLOWS:

TO THE SECRETARY, COMMITTEE OF SELECTION, DATE-------------

STATE OF (-----------------------)

DEAR SIR: I WISH TO MAKE APPLICATION FOR A RHODES SCHOLARSHIP FROM THE STATE OF ---------- IN WHICH I RESIDE (OR) I HAVE RECEIVED AT LEAST TWO YEARS' COLLEGIATE TRAINING.

I AM A CITIZEN OF THE UNITED STATES WITH AT LEAST FIVE YEARS' DOMICILE, AND UNMARRIED. THE DATE OF MY BIRTH WAS -------------

I HAVE HAD COLLEGIATE TRAINING AS FOLLOWS (COLLEGE ATTENDED, NUMBER OF YEARS, AND DEGREES, IF ANY) ------------------------------

ACCOMPANYING THIS APPLICATION ARE:

(A) TWO COPIES OF A PHOTOGRAPH OF MYSELF (THESE SHOULD BE UNMOUNTED AND NOT LARGER THAN 4 INCHES BY 7 INCHES.)

(B) BIRTH CERTIFICATE. (WHERE OFFICIAL BIRTH CERTIFICATES ARE NOT AVAILABLE, THE CANDIDATE MAY SUBMIT A CERTIFICATE OF DATE AND PLACE OF BIRTH FROM HIS PARENTS, OR FROM THE ATTENDING PHYSICIAN, SIGNED AND SWORN TO BEFORE A NOTARY PUBLIC.)

(C) A WRITTEN STATEMENT FROM THE PRESIDENT OF ---------- UNIVERSITY)

COLLEGE TO THE EFFECT THAT I HAVE BEEN SELECTED TO REPRESENT THAT INSTITUTION IN THIS STATE.

(D) A RECORD CERTIFIED BY THE REGISTRAR, OR SOME OTHER RESPONSIBLE OFFICIAL, OF THE COURSE OF STUDY WHICH I HAVE PURSUED, TOGETHER WITH MY GRADES.

(E) A CONNECTED STATEMENT OF MY GENERAL ACTIVITIES AND INTELLECTUAL INTERESTS IN COLLEGE AND MY PROPOSED LINE OF STUDY AT OXFORD. (THIS STATEMENT SHOULD BE AN EXPLANATION OF THE CANDIDATE'S PARTICULAR INTERESTS BOTH PERSONAL AND INTELLECTUAL, RATHER THAN AN EXHAUSTIVE LIST OF TRIVIAL ACTIVITIES.)

THE METHOD PURSUED BY THE NAVY DEPARTMENT WAS FIRST TO ISSUE A CIRCULAR LETTER TO THOSE OFFICERS WITHIN THE AGE LIMITATION. FROM THIS LIST THE DEPARTMENT RECOMMENDED 16 OF THOSE OFFICERS WHO WERE APPARENTLY BEST QUALIFIED BASED ON THEIR RECORDS AT THE NAVAL ACADEMY. EACH CANDIDATE SO RECOMMENDED MADE PERSONAL APPLICATION FOR THE SCHOLARSHIP TO THE SECRETARY OF THE COMMITTEE OF SELECTION OF THE STATE IN WHICH HE WAS ENTITLED TO COMPETE. THE COMMITTEE OF SELECTION THEN SUMMONED THE APPLICANTS TO A PERSONAL INTERVIEW. THE TRAVEL IN QUESTION WAS FOR THE PURPOSE OF MEETING THE COMMITTEE OF SELECTION FOR THIS PERSONAL INTERVIEW WHICH UNDER THE RULES GOVERNING SELECTION OF SCHOLARS WAS NECESSARY, SINCE NO ELECTION TO A SCHOLARSHIP CAN BE MADE WITHOUT SUCH INTERVIEW. OF THE 16 OFFICERS SO RECOMMENDED AND SUMMONED TO APPEAR BEFORE STATE COMMITTEES OF SELECTION, 6 OFFICERS, 1 OF WHOM WAS ENSIGN ADAMSON, WERE ELECTED TO RHODES SCHOLARSHIPS AND AS STATED BY THE SECRETARY OF THE NAVY, WILL BE ORDERED TO DUTY UNDER POSTGRADUATE INSTRUCTION AT OXFORD UNIVERSITY, OXFORD, ENGLAND.

THE RIGHT OF AN OFFICER OF THE NAVAL OR MILITARY SERVICE TO MILEAGE FOR TRAVEL UNDER ORDERS DEPENDS ON WHETHER THE TRAVEL IS ON PUBLIC BUSINESS. UNITED STATES V. PHISTERER, 94 U.S. 219, 21; BARKER V. UNITED STATES, 19 CT.CLS. 288; PERRIMOND V. UNITED STATES, ID. 509; MCCAULEY V. UNITED STATES 50 ID. 105; 4 COMP. GEN. 821.

A RHODES SCHOLARSHIP IS PURELY PERSONAL; IT ENABLES THE SUCCESSFUL CANDIDATE TO EXTEND HIS COLLEGE TRAINING AND EDUCATION AT LITTLE OR NO EXPENSE TO HIMSELF. THE YEARLY STIPEND OF 400 POUNDS ATTACHING TO THE SCHOLARSHIP, EXCEPT SUCH PORTION THEREOF AS IS NECESSARY TO PAY FOR HIS TUITION AND FEES AT OXFORD UNIVERSITY, ACCRUES TO HIS PERSONAL BENEFIT. THE FACT THAT AN APPLICANT WHO IS AN OFFICER IN THE NAVY IS PERMITTED TO COMPETE, IS PERMITTED TO BE ABSENT FROM HIS OFFICIAL DUTIES UNDER "ORDERS," WHICH MERELY DIRECT WHAT IS NECESSARY FOR THE CANDIDATE TO DO TO PERFECT HIS APPLICATION DOES NOT CHANGE ITS CHARACTER. EXCEPT AS THE TRUSTEES IN THE MEMORANDUM FOR 1930 HAVE MADE PROVISION FOR THE RAILWAY FARE OF CANDIDATES TO APPEAR BEFORE A DISTRICT COMMITTEE, ALL CANDIDATES BEAR AND HAVE BORNE THE EXPENSES OF APPEARING BEFORE THE COMMITTEE OF SELECTION. THE APPLICATION IS PERSONAL, THE APPEARANCE BEFORE THE COMMITTEE OF SELECTION IS PERSONAL, AND THE BENEFITS ACCRUING ARE PERSONAL --- THE STATUS OF THE CANDIDATE IN THE NAVY DOES NOT CHANGE THE PERSONAL NATURE OF THE MATTER.

ACCORDINGLY, YOU ARE ADVISED THAT ENSIGN ADAMSON IS NOT ENTITLED TO MILEAGE FOR TRAVEL PERFORMED UNDER THE ORDERS IN QUESTION.

IT APPEARS FROM INDORSEMENT ON HIS ORDERS THAT ENSIGN ADAMSON WAS FURNISHED TRANSPORTATION FOR THE TRAVEL FROM ANNAPOLIS, MD., TO SIOUX FALLS, S.DAK., AND RETURN. PAYMENT OF EITHER MILEAGE OR TRANSPORTATION RESTS UPON THE SAME FOUNDATION--- NAMELY, PUBLIC BUSINESS. ENSIGN ADAMSON WAS NOT ENTITLED TO THE TRANSPORTATION FURNISHED HIM ON SAID ORDERS AND SHOULD REFUND TO THE GOVERNMENT THE COST THEREOF.