A-4457, SEPTEMBER 6, 1924, 4 COMP. GEN. 273

A-4457: Sep 6, 1924

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AS MAY HAVE BEEN INCURRED BY THE GOVERNMENT IN REGAINING CUSTODY OF THE PRISONER AND TRANSPORTING HIM TO THE DESIRED DESTINATION. THE PLACE TO WHICH THE PRISONER WAS BEING TRANSPORTED. THE GENERAL RULE APPLICABLE IN CASES WHERE THE ESCAPE IS DUE TO NEGLIGENCE OF THE OFFICER IN CHARGE OR THE GUARD IS THAT THE OFFICER IS ENTITLED TO CREDIT FOR EXPENSES ACTUALLY INCURRED IN TRANSPORTING THE PRISONER. LESS SO MUCH THEREOF AS WAS CAUSED BY THE ESCAPE AND RECAPTURE OF THE PRISONER. AS MAY HAVE BEEN INCURRED BY THE GOVERNMENT IN REGAINING CUSTODY OF THE PRISONER AND TRANSPORTING HIM TO THE DESIRED DESTINATION.

A-4457, SEPTEMBER 6, 1924, 4 COMP. GEN. 273

REIMBURSEMENT OF EXPENSES OF GUARD TRANSPORTING A PRISONER WHO ESCAPED BUT WHO LATER VOLUNTARILY SURRENDERED HIMSELF WHERE A PRISONER, BEING TRANSFERRED FROM ONE JURISDICTION TO ANOTHER ESCAPED THROUGH THE NEGLIGENCE OF HIS GUARD BUT LATER VOLUNTARILY SURRENDERED TO A UNITED STATES COMMISSIONER AND GAVE BOND FOR HIS APPEARANCE IN COURT, THE GUARD MAY BE REIMBURSED HIS AUTHORIZED EXPENSES ACTUALLY INCURRED UP TO THE TIME OF THE ESCAPE, LESS THE AMOUNT OF SUCH ADDITIONAL EXPENSES, IF ANY, AS MAY HAVE BEEN INCURRED BY THE GOVERNMENT IN REGAINING CUSTODY OF THE PRISONER AND TRANSPORTING HIM TO THE DESIRED DESTINATION.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 6, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 31, 1924, QUOTING A LETTER FROM THE MARSHAL FOR THE EASTERN DISTRICT OF TENNESSEE RELATIVE TO THE PAYMENT OF EXPENSES OF DEPUTY WALKER OF HIS DISTRICT IN TRANSPORTING A PRISONER WHO ESCAPED NEAR BEREA, EN ROUTE FROM KNOXVILLE, TENN., TO COVINGTON, KY. THE MARSHAL FURTHER STATES THAT HE HAS A LETTER FROM W. C. BENNETT, UNITED STATES COMMISSIONER AT RICHMOND, KY., 117 MILES DISTANT FROM COVINGTON, THE PLACE TO WHICH THE PRISONER WAS BEING TRANSPORTED, THAT CHESTER A. PRESTON, THE PRISONER WHO MADE HIS ESCAPE FROM HIS DEPUTY NEAR BEREA, APPEARED BEFORE HIM AT RICHMOND AND EXECUTED BOND IN THE SUM OF $1,000 FOR HIS APPEARANCE AT THE RICHMOND TERM OF COURT, WHICH CONVENES ON THE 1ST DAY OF NOVEMBER, 1924, AND REQUESTING TO BE ADVISED WHETHER UNDER THE CIRCUMSTANCES ABOVE SET FORTH THE DEPUTY MAY PROPERLY BE REIMBURSED COVERING EXPENSES INCURRED BY HIM INCIDENT TO THE TRANSPORTATION OF THE PRISONER.

THE GENERAL RULE APPLICABLE IN CASES WHERE THE ESCAPE IS DUE TO NEGLIGENCE OF THE OFFICER IN CHARGE OR THE GUARD IS THAT THE OFFICER IS ENTITLED TO CREDIT FOR EXPENSES ACTUALLY INCURRED IN TRANSPORTING THE PRISONER, LESS SO MUCH THEREOF AS WAS CAUSED BY THE ESCAPE AND RECAPTURE OF THE PRISONER, OR, IN OTHER WORDS, THAT THE UNITED STATES MUST NOT BE CHARGED WITH ANY ADDITIONAL EXPENSE ON ACCOUNT OF THE ESCAPE. 20 COMP. DEC. 159; 3 COMP. GEN. 674.

IN THE INSTANT CASE THE DEPUTY MAY BE REIMBURSED HIS AUTHORIZED ACTUAL EXPENSES INCURRED UP TO THE TIME OF ESCAPE, LESS THE AMOUNT OF SUCH ADDITIONAL EXPENSES, IF ANY, AS MAY HAVE BEEN INCURRED BY THE GOVERNMENT IN REGAINING CUSTODY OF THE PRISONER AND TRANSPORTING HIM TO THE DESIRED DESTINATION.