A-4003, JULY 23, 1924, 4 COMP. GEN. 102

A-4003: Jul 23, 1924

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OATHS OF OFFICE CLERKS OF THE UNITED STATES COURTS ARE AUTHORIZED TO ADMINISTER OATHS TO APPOINTEES TO PUBLIC OFFICE AND TO COLLECT A FEE THEREFOR WHICH THEY ARE REQUIRED TO REMIT IN THEIR QUARTERLY ACCOUNTS. IS A PERSONAL EXPENSE NECESSARY TO QUALIFY HIM FOR THE POSITION TO WHICH APPOINTED AND IS NOT REIMBURSABLE. REQUESTING TO BE ADVISED IF IT WAS PROPER FOR THE CLERK OF THE UNITED STATES DISTRICT COURT TO CHARGE THIS FEE IN ADMINISTERING THE OATH OF OFFICE. PROVIDES IN PART AS FOLLOWS: THAT UNITED STATES COMMISSIONERS AND ALL CLERKS OF UNITED STATES COURTS ARE HEREBY AUTHORIZED TO ADMINISTER OATHS. THEREFORE IT IS CLEAR THAT CLERKS OF THE UNITED STATES COURTS ARE AUTHORIZED TO ADMINISTER OATHS AND TO COLLECT A FEE THEREFOR AND TO REMIT SAME IN THEIR QUARTERLY ACCOUNTS.

A-4003, JULY 23, 1924, 4 COMP. GEN. 102

OATHS OF OFFICE CLERKS OF THE UNITED STATES COURTS ARE AUTHORIZED TO ADMINISTER OATHS TO APPOINTEES TO PUBLIC OFFICE AND TO COLLECT A FEE THEREFOR WHICH THEY ARE REQUIRED TO REMIT IN THEIR QUARTERLY ACCOUNTS; THE FEE SO CHARGED THE APPOINTEE, HOWEVER, IS A PERSONAL EXPENSE NECESSARY TO QUALIFY HIM FOR THE POSITION TO WHICH APPOINTED AND IS NOT REIMBURSABLE.

COMPTROLLER GENERAL MCCARL TO W. M. LOCKWOOD, DISBURSING OFFICER, INTERSTATE COMMERCE COMMISSION, JULY 23, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 14, 1924, TRANSMITTING A VOUCHER IN FAVOR OF WILLIAM H. BONNEVILLE, SPECIAL ASSISTANT ATTORNEY TO THE UNITED STATES DISTRICT ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA, FOR REIMBURSEMENT IN THE AMOUNT OF 45 CENTS WHICH HE PAID TO THE CLERK OF THE UNITED STATES DISTRICT COURT UPON TAKING THE OATH OF OFFICE AS SPECIAL ASSISTANT TO THE UNITED STATES ATTORNEY, PURSUANT TO APPOINTMENT TO THAT POSITION BY THE ATTORNEY GENERAL, AND REQUESTING TO BE ADVISED IF IT WAS PROPER FOR THE CLERK OF THE UNITED STATES DISTRICT COURT TO CHARGE THIS FEE IN ADMINISTERING THE OATH OF OFFICE, AND IF SO, WHETHER YOU MAY REIMBURSE MR. BONNEVILLE FOR THE AMOUNT OF THE FEE.

SECTION 19 OF THE ACT APPROVED MAY 28, 1896, 29 STAT. 184, PROVIDES IN PART AS FOLLOWS:

THAT UNITED STATES COMMISSIONERS AND ALL CLERKS OF UNITED STATES COURTS ARE HEREBY AUTHORIZED TO ADMINISTER OATHS.

SECTION 9 OF THE ACT APPROVED FEBRUARY 26, 1919, 40 STAT. 1183, AN ACT TO FIX THE SALARIES OF THE CLERKS OF THE UNITED STATES DISTRICT COURTS, ETC., PROVIDES IN PART AS FOLLOWS:

THAT THE CLERK OF EVERY DISTRICT COURT, EXCEPT THE CLERKS OF THE DISTRICT COURTS OF ALASKA, SHALL ACCOUNT QUARTERLY FOR ALL THE FEES AND EMOLUMENTS EARNED DURING THE QUARTER LAST PRECEDING SUCH ACCOUNTING, * * * AND ALL FEES AND EMOLUMENTS RECEIVED WITHIN THE QUARTER WHICH HAD BEEN EARNED PRIOR THERETO. SUCH ACCOUNTING SHALL BE IN WRITING, AND SHALL BE MADE TO THE ATTORNEY GENERAL IN SUCH FORM AS HE MAY PRESCRIBE, * * *.

THEREFORE IT IS CLEAR THAT CLERKS OF THE UNITED STATES COURTS ARE AUTHORIZED TO ADMINISTER OATHS AND TO COLLECT A FEE THEREFOR AND TO REMIT SAME IN THEIR QUARTERLY ACCOUNTS. BUT THE EXPENSES OF TAKING THE OATH IS NOT PROPERLY CHARGEABLE TO THE GOVERNMENT, SINCE IT IS THE DUTY OF THE PERSON RECEIVING APPOINTMENT TO QUALIFY HIMSELF AT HIS OWN EXPENSE FOR THE OFFICE TO WHICH HE HAS BEEN APPOINTED.