A-47973, MARCH 21, 1933, 12 COMP. GEN. 554

A-47973: Mar 21, 1933

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AMENDED - JURORS AND WITNESSES JURORS AND WITNESSES ARE NOT OFFICERS OR EMPLOYEES OF THE GOVERNMENT WITHIN THE MEANING OF THE ACT OF MARCH 20. WILL NOT BE SUBJECT TO FURTHER PERCENTAGE REDUCTION UNDER THE TERMS OF SECTION 3 OF THE ACT OF MARCH 20. WHICH IS ABOUT TO BE ENACTED INTO LAW. YOUR DECISION IS REQUESTED AS TO WHETHER SAID JURORS AND WITNESSES ARE OFFICERS OR EMPLOYES OF THE GOVERNMENT WITHIN THE MEANING OF SECTION 1 OF TITLE 2 OF SAID BILL. WHO WILL BE SUBJECT TO A PERCENTAGE REDUCTION IN PAY REQUIRED BY SECTION 3 OF SAID TITLE. IN THIS CONNECTION ATTENTION IS INVITED TO YOUR DECISION OF SEPTEMBER 2. A PROMPT REPLY HERETO IS REQUESTED IN ORDER THAT THE DEPARTMENT MAY ADVISE DISBURSING OFFICERS OF YOUR DECISION PRIOR TO APRIL 1.

A-47973, MARCH 21, 1933, 12 COMP. GEN. 554

ECONOMY ACT, AMENDED - JURORS AND WITNESSES JURORS AND WITNESSES ARE NOT OFFICERS OR EMPLOYEES OF THE GOVERNMENT WITHIN THE MEANING OF THE ACT OF MARCH 20, 1933, 48 STAT. 12, AND THEIR FEES, AS REDUCED BY SECTION 323 OF THE ECONOMY ACT OF JUNE 30, 1932, AS CONTINUED THROUGH THE FISCAL YEAR 1934, BY THE ACT OF MARCH 20, 1933, WILL NOT BE SUBJECT TO FURTHER PERCENTAGE REDUCTION UNDER THE TERMS OF SECTION 3 OF THE ACT OF MARCH 20, 1933.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, MARCH 21, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 17, 1933, AS FOLLOWS:

REFERRING TO SECTION 323 OF THE ECONOMY ACT OF JUNE 30, 1932, WHICH PROVIDED FOR A TEMPORARY REDUCTION IN THE FEES OF JURORS AND WITNESSES IN THE UNITED STATES COURTS, AND TO THE BILL H.R. 2820, 73RD CONGRESS, WHICH IS ABOUT TO BE ENACTED INTO LAW, YOUR DECISION IS REQUESTED AS TO WHETHER SAID JURORS AND WITNESSES ARE OFFICERS OR EMPLOYES OF THE GOVERNMENT WITHIN THE MEANING OF SECTION 1 OF TITLE 2 OF SAID BILL. WHO WILL BE SUBJECT TO A PERCENTAGE REDUCTION IN PAY REQUIRED BY SECTION 3 OF SAID TITLE.

IN THIS CONNECTION ATTENTION IS INVITED TO YOUR DECISION OF SEPTEMBER 2, 1932, 12 COMP. GEN. 322, RELATING TO EXPERT WITNESSES.

A PROMPT REPLY HERETO IS REQUESTED IN ORDER THAT THE DEPARTMENT MAY ADVISE DISBURSING OFFICERS OF YOUR DECISION PRIOR TO APRIL 1, 1933.

SECTION 323 OF THE ECONOMY ACT OF JUNE 30, 1932, WHICH REDUCED THE FEES OF JURORS AND WITNESSES, IS STILL IN FORCE AND HAS BEEN EXTENDED THROUGH THE FISCAL YEAR 1934 BY SECTION 4 (A) OF TITLE II OF THE ACT OF MARCH 20, 1933, PUBLIC NO. 2, 48 STAT. 13, AMENDING SECTION 4 (A) OF THE ACT OF MARCH 3, 1933, PUBLIC, NO. 428, 47 STAT. 1513.

SECTION 1, TITLE II, OF THE ACT OF MARCH 20, 1933, PROVIDES IN PART- -

WHEN USED IN THIS TITLE---

(A) THE TERMS "OFFICER" AND "EMPLOYEE" MEAN ANY PERSON RENDERING SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, BUT DO NOT INCLUDE * * *

THERE FOLLOW A NUMBER OF SPECIFIC EXCEPTIONS, NONE OF WHICH ARE INVOLVED IN THE MATTER HERE PRESENTED. TO THE EXTENT ABOVE QUOTED, THE DEFINITION OF THE TERMS "OFFICER" OR "EMPLOYEE" IS THE SAME AS APPEARS IN SECTION 104 (A) OF THE ECONOMY ACT OF JUNE 30, 1932.

IN THE DECISION OF SEPTEMBER 2, 1932, 12 COMP. GEN. 322, TO WHICH YOU REFER, IT WAS HELD---

THE EXPERT WITNESSES MENTIONED IN YOUR FIRST PARAGRAPH DO NOT RENDER "SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA" WITHIN THE MEANING OF THE DEFINITION OF THE TERMS "OFFICER" AND "EMPLOYEE" IN SECTION 104 OF THE ECONOMY ACT. THE SERVICES WHICH THEY PERFORM CONSTITUTE NO PART OF ANY DUTY IMPOSED BY LAW UPON ANY DEPARTMENT OR ESTABLISHMENT OF THE GOVERNMENT. THEY ARE PAID BY THE GOVERNMENT A CERTAIN FEE TO APPEAR AND TESTIFY AS A PRIVATE INDIVIDUAL, NOT AS AN OFFICER OR EMPLOYEE OF THE GOVERNMENT. YOU ARE ADVISED, THEREFORE, THAT SUCH EXPERT WITNESSES ARE NOT OFFICERS OR EMPLOYEES OF THE GOVERNMENT WITHIN THE MEANING OF TITLE I OF THE ECONOMY ACT AND NO PART OF THEIR FEES IS REQUIRED TO BE DEDUCTED AND IMPOUNDED UNDER THE TERMS OF SAID SECTION.

THE SAME PRINCIPLE IS APPLICABLE TO JURORS AND WITNESSES GENERALLY, WHOSE FEES WERE REDUCED BY SECTION 323 OF THE ECONOMY ACT. YOU ARE ADVISED, THEREFORE, THAT JURORS AND WITNESSES ARE NOT TO BE REGARDED AS OFFICERS OR EMPLOYEES OF THE GOVERNMENT, AND THEIR FEES AS REDUCED BY SECTION 323 OF THE ECONOMY ACT ARE NOT SUBJECT TO FURTHER REDUCTION UNDER SECTION 3 OF TITLE II OF THE ACT OF MARCH 20, 1933.