A-4282, AUGUST 9, 1924, 4 COMP. GEN. 168

A-4282: Aug 9, 1924

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WHO IS CALLED UPON TO SERVE PROCESS FOR THE UNITED STATES RAILROAD LABOR BOARD. IS NOT ENTITLED TO A FEE IN ADDITION TO HIS REGULAR COMPENSATION AS MARSHAL AND IS ONLY ENTITLED. SUBMITTING WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER IN FAVOR OF I.K. THE COMPENSATION OF UNITED STATES MARSHALS WAS FIXED ON AN ANNUAL SALARY BASIS AND THEREFORE THEY ARE PRECLUDED BY SECTION 1765 OF THE REVISED STATUTES FROM RECEIVING ANY ADDITIONAL PAY. UNLESS THE SAME IS AUTHORIZED BY LAW AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY. UNITED STATES MARSHALS WHEN ABSENT FROM THEIR OFFICIAL STATION ENGAGED UPON OFFICIAL BUSINESS ARE ENTITLED ONLY TO THE SALARY FIXED BY LAW.

A-4282, AUGUST 9, 1924, 4 COMP. GEN. 168

UNITED STATES MARSHALS - SERVICE OF PROCESS FOR RAILROAD LABOR BOARD A UNITED STATES MARSHAL, WHO IS CALLED UPON TO SERVE PROCESS FOR THE UNITED STATES RAILROAD LABOR BOARD, IS NOT ENTITLED TO A FEE IN ADDITION TO HIS REGULAR COMPENSATION AS MARSHAL AND IS ONLY ENTITLED, WHILE IN A TRAVEL STATUS, TO HIS ACTUAL TRANSPORTATION EXPENSES AND A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $4; I.E., THE SAME LIMITATIONS AND RESTRICTIONS BEING APPLICABLE AS WHEN SERVING PROCESS ISSUED BY A UNITED STATES COMMISSIONER OR BY A CLERK OF A UNITED STATES COURT.

COMPTROLLER GENERAL MCCARL TO EARL U. GRAY, DISBURSING OFFICER, UNITED STATES RAILROAD LABOR BOARD, AUGUST 9, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 21, 1924, SUBMITTING WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER IN FAVOR OF I.K. PARSHALL, UNITED STATES MARSHAL, KANSAS CITY, MO., FOR $9.67 COVERING FEES, PER DIEM AND EXPENSES IN CONNECTION WITH THE SERVING OF SUBPOENAS ISSUED BY THE UNITED STATES RAILROAD LABOR BOARD.

BY SECTION 9 OF THE ACT OF MAY 28, 1896, 29 STAT. 181, AND SUBSEQUENT LEGISLATION, THE COMPENSATION OF UNITED STATES MARSHALS WAS FIXED ON AN ANNUAL SALARY BASIS AND THEREFORE THEY ARE PRECLUDED BY SECTION 1765 OF THE REVISED STATUTES FROM RECEIVING ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION. THE ACT APPROVED JULY 1, 1918, 40 STAT. 683, PROVIDES A PER DIEM NOT TO EXCEED $4 IN LIEU OF SUBSISTENCE INSTEAD OF, BUT UNDER THE CONDITIONS PRESCRIBED FOR, ACTUAL EXPENSES OR SUBSISTENCE WHILE ON OFFICIAL BUSINESS AWAY FROM THEIR REGULAR POST OF DUTY. THEREFORE, UNITED STATES MARSHALS WHEN ABSENT FROM THEIR OFFICIAL STATION ENGAGED UPON OFFICIAL BUSINESS ARE ENTITLED ONLY TO THE SALARY FIXED BY LAW, ACTUAL TRANSPORTATION EXPENSES AND A PER DIEM IN LIEU OF SUBSISTENCE NOT TO EXCEED $4.

WHILE THE APPROPRIATION UNDER THE CONTROL OF THE UNITED STATES RAILROAD LABOR BOARD IS AVAILABLE TO PAY ANY NECESSARY EXPENSE INCIDENT TO THE SERVICE OF PROCESS ISSUED BY ITS MEMBERS, THERE IS NO AUTHORITY FOR PAYING A UNITED STATES MARSHAL A FEE FOR SUCH SERVICE OR TRAVELING ALLOWANCES IN EXCESS OF THOSE AUTHORIZED BY THE LAW AND REGULATIONS APPLICABLE TO UNITED STATES MARSHALS.

YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER AS SUBMITTED, WHICH IS RETURNED HEREWITH.