A-32423, JULY 8, 1930, 10 COMP. GEN. 16

A-32423: Jul 8, 1930

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REWARDS - DESERTERS - NAVY WHERE A DESERTER FROM THE NAVY IS DELIVERED TO NAVAL AUTHORITIES AT A PLACE OTHER THAN THAT NAMED IN THE OFFER OF THE REWARD. THE ARRESTING OFFICER IS ENTITLED TO THE AMOUNT OF THE REWARD LESS THE COST OF HIS OWN AND THE PRISONER'S TRANSPORTATION AND SUBSISTENCE TO THE PLACE NAMED IN THE REWARD. IT IS STATED THAT ARMSTRONG WAS DECLARED A DESERTER AS OF DECEMBER 7. WHETHER THE USUAL REWARD OF $50 WAS OFFERED FOR HIS APPREHENSION AND DELIVERY TO NAVAL JURISDICTION IS NOT INDICATED. THAT HE WAS RELUCTANT TO DO SO. THE QUESTION PRESENTED IS WHETHER IN THE CIRCUMSTANCES STATED THERE SHOULD BE DEDUCTED FROM THE AMOUNT OF THE REWARD OFFERED COST OF TRANSFERRING ARMSTRONG AND GUARD TO THE RECEIVING STATION AT PHILADELPHIA.

A-32423, JULY 8, 1930, 10 COMP. GEN. 16

REWARDS - DESERTERS - NAVY WHERE A DESERTER FROM THE NAVY IS DELIVERED TO NAVAL AUTHORITIES AT A PLACE OTHER THAN THAT NAMED IN THE OFFER OF THE REWARD, THE ARRESTING OFFICER IS ENTITLED TO THE AMOUNT OF THE REWARD LESS THE COST OF HIS OWN AND THE PRISONER'S TRANSPORTATION AND SUBSISTENCE TO THE PLACE NAMED IN THE REWARD, AND HIS OWN RETURN TRANSPORTATION AND SUBSISTENCE TO PLACE OF ACTUAL DELIVERY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 8, 1930:

THERE HAS BEEN RECEIVED YOUR INDORSEMENT OF JUNE 26, 1930, OF LETTER OF THE CHIEF OF BUREAU OF NAVIGATION, REQUESTING DECISION AS TO PROPER AMOUNT PAYABLE AS REWARD FOR APPREHENSION AND DELIVERY TO NAVAL AUTHORITY OF JOHN PAUL ARMSTRONG, SEAMAN, FIRST CLASS, UNITED STATES NAVY.

IT IS STATED THAT ARMSTRONG WAS DECLARED A DESERTER AS OF DECEMBER 7, 1926. WHETHER THE USUAL REWARD OF $50 WAS OFFERED FOR HIS APPREHENSION AND DELIVERY TO NAVAL JURISDICTION IS NOT INDICATED, BUT IT APPEARS THAT ON JUNE 10, 1930, THE BUREAU OF NAVIGATION, ACTING ON INFORMATION RECEIVED, ADDRESSED A LETTER TO THE CHIEF OF POLICE OF BALTIMORE, MD., ADVISING THAT OFFICER OF THE PROBABLE WHEREABOUTS OF ARMSTRONG AND OFFERED A REWARD OF $50 FOR HIS APPREHENSION AND DELIVERY TO THE RECEIVING STATION AT THE NAVY YARD, PHILADELPHIA, PA., AND STATED THAT NO ADDITIONAL ALLOWANCE WOULD BE MADE FOR TRANSPORTATION OF THE ARRESTING OFFICER OR THE DESERTER. THE CIVIL OFFICER WHO DELIVERED ARMSTRONG AT THE RECRUITING STATION, BALTIMORE, MD., STATED THAT HE HAD RECEIVED INSTRUCTIONS FROM THE BUREAU OF NAVIGATION TO DELIVER ARMSTRONG TO THE RECEIVING STATION AT PHILADELPHIA, PA., BUT THAT HE WAS RELUCTANT TO DO SO. UPON ADVICE FROM THE BUREAU OF NAVIGATION THE RECRUITING STATION AT BALTIMORE ACCEPTED DELIVERY OF ARMSTRONG, AND THE QUESTION PRESENTED IS WHETHER IN THE CIRCUMSTANCES STATED THERE SHOULD BE DEDUCTED FROM THE AMOUNT OF THE REWARD OFFERED COST OF TRANSFERRING ARMSTRONG AND GUARD TO THE RECEIVING STATION AT PHILADELPHIA, PA., TOGETHER WITH COST OF GUARD'S RETURN TRANSPORTATION, OR WHETHER THERE SHOULD BE DEDUCTED ONLY THE COST OF THE PRISONER'S TRANSPORTATION AND SUBSISTENCE EN ROUTE TO PHILADELPHIA.

ARTICLE 1697, NAVAL REGULATIONS, PROVIDES THAT WHEN A PERSON HAS BEEN DECLARED A DESERTER A REWARD NOT EXCEEDING $50 MAY BE OFFERED FOR THE APPREHENSION AND DELIVERY OF SUCH DESERTER TO THE CUSTODY OF NAVAL AUTHORITIES, AND THERE IS INCLUDED IN NAVAL APPROPRIATIONS FOR THE YEAR ENDING JUNE 30, 1930, FUNDS FOR "APPREHENSION AND DELIVERY OF DESERTERS AND STRAGGLERS.' (45 STAT. 1460.)

PAYMENT OF REWARD IS AUTHORIZED WHEN THE CONDITIONS OF THE OFFER OF REWARD ARE COMPLIED WITH. (6 COMP. GEN. 479.) WHERE A DESERTER IS DELIVERED TO NAVAL AUTHORITIES AT A PLACE OTHER THAN THAT NAMED IN THE OFFER OF THE REWARD, THE PROPER SETTLEMENT IS TO PAY THE REWARD LESS THE EXPENSE OF TRANSPORTING AND SUBSISTING THE PRISONER AND GUARD TO THE PLACE NAMED IN THE REWARD AND RETURN OF GUARD. DECISION COMPTROLLER OF THE TREASURY JULY 30, 1914, 70 MS. COMP. DEC. 391. IF OTHERWISE PAYMENT IS PROPER, WHICH ON THE LIMITED FACTS SUBMITTED IS NOT DETERMINED, THE OFFICER WOULD SEEM TO BE ENTITLED TO PAYMENT OF THE REWARD LESS WHAT IT WOULD HAVE COST TO HAVE MADE DELIVERY OF THE PRISONER AT THE RECEIVING STATION AT PHILADELPHIA (SEE 1 COMP. GEN. 612), OR THE AMOUNT OF THE REWARD LESS COST OF HIS OWN AND THE PRISONER'S TRANSPORTATION AND SUBSISTENCE TO THE RECEIVING STATION AT THE NAVY YARD, PHILADELPHIA, PA., AND HIS OWN RETURN TRANSPORTATION AND SUBSISTENCE TO BALTIMORE.