A-6244, FEBRUARY 12, 1925, 4 COMP. GEN. 687

A-6244: Feb 12, 1925

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TO DEPUTY UNITED STATES MARSHAL THE PAYMENT OF A REWARD TO A SALARIED DEPUTY UNITED STATES MARSHAL FOR THE APPREHENSION AND DELIVERY OF A DESERTER FROM THE MARINE CORPS IS NOT AUTHORIZED. REQUESTING TO BE ADVISED AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE SAME IN VIEW OF THE APPARENTLY CONFLICTING DECISIONS OF THE COMPTROLLER OF THE TREASURY. THE QUESTION PRESENTED IS WHETHER A REWARD AS SUCH. A SIMILAR PROVISION WAS MADE IN SECTION 6 OF THE ACT OF JUNE 18. IT WAS HELD IN 25 COMP. DEC. 499: WHERE A DESERTER FROM THE ARMY WHO WAS SHOT WHILE ATTEMPTING TO ESCAPE ARREST BY A DEPUTY MARSHAL'S POSSE WAS PLACED BY THAT OFFICER IN A HOSPITAL FOR CARE AND TREATMENT. THE COST OF SAID MEDICAL TREATMENT IS A PROPER CHARGE AGAINST THE JUDICIARY APPROPRIATION FOR THE SUPPORT OF PRISONERS.

A-6244, FEBRUARY 12, 1925, 4 COMP. GEN. 687

REWARD FOR DELIVERY OF DESERTER - PAYMENT OF, TO DEPUTY UNITED STATES MARSHAL THE PAYMENT OF A REWARD TO A SALARIED DEPUTY UNITED STATES MARSHAL FOR THE APPREHENSION AND DELIVERY OF A DESERTER FROM THE MARINE CORPS IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO MAJ. CHARLES R. SANDERSON, UNITED STATES MARINE CORPS, FEBRUARY 12, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 10, 1924, SUPPLEMENTED BY YOUR LETTER OF JANUARY 17, 1925, TRANSMITTING VOUCHER DATED OCTOBER 11, 1924, IN FAVOR OF HENRY C. BRADFORD, DEPUTY UNITED STATES MARSHAL, BUFFALO, N.Y., FOR $50, COVERING REWARD FOR THE APPREHENSION AND DELIVERY ON OCTOBER 11, 1924, OF PRIVATE HOWARD F. RAGSDALE, UNITED STATES MARINE CORPS, DESERTER, AT MARINE RECRUITING STATION, 306 CUSTOMHOUSE, BUFFALO, N.Y., AND REQUESTING TO BE ADVISED AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE SAME IN VIEW OF THE APPARENTLY CONFLICTING DECISIONS OF THE COMPTROLLER OF THE TREASURY, DATED DECEMBER 6, 1912, 63 MS. COMP. DEC. 993, AND JANUARY 15, 1919, 25 COMP. DEC. 499, AND INVITING ATTENTION TO DEPARTMENT OF JUSTICE CIRCULAR NO. 888, DATED SEPTEMBER 9, 1918, ADDRESSED TO UNITED STATES DISTRICT ATTORNEYS AND UNITED STATES MARSHALS.

IT APPEARS THAT ON AUGUST 20, 1924, THE COMMANDING OFFICER OF MARINE BARRACKS, QUANTICO, VA., OFFERED A REWARD OF $50 FOR THE APPREHENSION AND DELIVERY OF PRIVATE RAGSDALE, DESERTER, AT ANY MARINE BARRACKS OR MARINE RECRUITING STATION ON OR BEFORE AUGUST 20, 1928.

ARTICLE 1697, NAVY REGULATIONS, 1920, AUTHORIZES THE OFFERING OF A REWARD NOT EXCEEDING $50 FOR THE APPREHENSION AND DELIVERY OF A DESERTER FROM THE NAVY OR MARINE CORPS, THE PAYMENT OF WHICH TO BE IN FULL SATISFACTION OF ALL EXPENSES FOR ARRESTING, KEEPING, AND DELIVERING THE DESERTER WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL.

THE QUESTION PRESENTED IS WHETHER A REWARD AS SUCH, WITHOUT REGARD TO AMOUNT OF EXPENSES INCURRED, MAY BE PAID TO A DEPUTY UNITED STATES MARSHAL FOR ARRESTING AND DELIVERING A DESERTER FROM THE MARINE CORPS.

THE ACT OF FEBRUARY 16, 1909, 35 STAT. 622, PROVIDES:

SEC. 15. THAT IT SHALL BE LAWFUL FOR ANY CIVIL OFFICER HAVING AUTHORITY UNDER THE LAWS OF THE UNITED STATES OR OF ANY STATE, TERRITORY, OR DISTRICT TO ARREST OFFENDERS, TO SUMMARILY ARREST A DESERTER FROM THE NAVY OR MARINE CORPS OF THE UNITED STATES AND DELIVER HIM INTO THE CUSTODY OF THE NAVAL AUTHORITIES.

A SIMILAR PROVISION WAS MADE IN SECTION 6 OF THE ACT OF JUNE 18, 1898, 30 STAT. 484, FOR THE ARREST AND DELIVERY OF A DESERTER FROM THE ARMY. REFERRING TO THIS STATUTORY PROVISION, IT WAS HELD IN 25 COMP. DEC. 499:

WHERE A DESERTER FROM THE ARMY WHO WAS SHOT WHILE ATTEMPTING TO ESCAPE ARREST BY A DEPUTY MARSHAL'S POSSE WAS PLACED BY THAT OFFICER IN A HOSPITAL FOR CARE AND TREATMENT, SUCH EXPENSE BEING INCURRED WITHOUT CONSULTATION WITH OR DIRECTION FROM ANY MILITARY AUTHORITY, THE COST OF SAID MEDICAL TREATMENT IS A PROPER CHARGE AGAINST THE JUDICIARY APPROPRIATION FOR THE SUPPORT OF PRISONERS; THAT IN ARRESTING DESERTERS MARSHALS AND THEIR DEPUTIES ACT BY VIRTUE OF THEIR OFFICE AND UNDER EXPRESS STATUTORY AUTHORITY; AND THE EXPENSE INCURRED IS AN EXPENSE OF THIER RESPECTIVE OFFICES, SUBJECT ONLY TO THE STATUTORY PROVISION THAT NOT EXCEEDING $50 OF SUCH EXPENSE IN EACH CASE MAY BE PAID FROM ARMY APPROPRIATIONS.

THE JUDGE ADVOCATE GENERAL OF THE ARMY IN AN OPINION RENDERED JANUARY 8, 1918, HELD:

NO REWARD SHOULD BE PAID TO ANY UNITED STATES MARSHAL OR DEPUTY MARSHAL FOR THE ARREST AND DELIVERY OF DESERTERS FROM THE MILITARY SERVICE. THE EXPENSES OF SUCH OFFICERS ARE PAID FROM PUBLIC FUNDS, AND THEY ARE FORBIDDEN BY THE DEPARTMENT OF JUSTICE TO DEMAND OR ACCEPT ANY FURTHER SUM BY WAY OF REWARD. (SEE DIGEST OF OPINIONS OF JUDGE ADVOCATE GENERAL OF THE ARMY, JAN., 1918, P. 6.)

IN SAID CIRCULAR LETTER NO. 888, ISSUED BY THE DEPARTMENT OF JUSTICE, REFERRING TO CIRCULAR LETTER OF AUGUST 12, 1918, ISSUED BY THE OFFICE OF THE PROVOST MARSHAL GENERAL, IT WAS STATED:

PARAGRAPH FIVE, SUBDIVISION TWO, OF THE ENCLOSED CIRCULAR, STATES THAT IN ALL CASES THE PERSON DELIVERING A WILFUL DESERTER IS ENTITLED TO COLLECT A REWARD OF $50. THIS, HOWEVER, IS TO BE UNDERSTOOD ONLY AS A STATEMENT OF A GENERAL RULE OR PRINCIPLE, AND IS MODIFIED BY CIRCUMSTANCES DESCRIBED ELSEWHERE, AND PARTICULARLY BY PARAGRAPH 6 (A), WHICH STATES THAT REWARDS CAN NOT BE PAID TO FEDERAL OFFICIALS, BUT THAT SUCH MAY OBTAIN REIMBURSEMENT ONLY FOR ACTUAL AND NECESSARY EXPENSES WITHIN THE LIMIT OF $50 PER MAN.

IN PARAGRAPH 8 OF SAID CIRCULAR NO. 888, IT WAS ALSO STATED THAT IF IN ANY INSTANCE MARSHALS, DEPUTY MARSHALS, OR SPECIAL AGENTS OF THE DEPARTMENT INCUR EXPENSES IN ENDEAVORING TO ARREST AND DELIVER DESERTERS, ACCOUNTS FOR REIMBURSEMENT SHOULD BE SUBMITTED TO THE DEPARTMENT FOR REVIEW AND APPROPRIATE ACTION.

IT THUS APPEARS THAT NOT ONLY WAS IT HELD BY A COMPTROLLER OF THE TREASURY BUT IT HAS BEEN RECOGNIZED BY THE DEPARTMENT OF JUSTICE THAT MARSHALS AND THEIR DEPUTIES IN ARRESTING DESERTERS FROM THE ARMY ACT BY VIRTUE OF THEIR OFFICE UNDER EXPRESS STATUTORY AUTHORITY AND NOT IN THEIR PERSONAL CAPACITY. AS THERE IS SIMILAR STATUTORY AUTHORITY FOR ARRESTING DESERTERS FROM THE MARINE CORPS NO DISTINCTION CAN BE MADE IN THIS RESPECT.

IT IS UNDERSTOOD THAT MR. BRADFORD IS A SALARIED DEPUTY MARSHAL.

IN INSTRUCTIONS TO UNITED STATES MARSHALS, ATTORNEYS, CLERKS, AND COMMISSIONERS, JUNE 1, 1916, UNDER THE HEAD OF SALARIED DEPUTY MARSHALS, COMPENSATION, IT IS PROVIDED:

120. SALARIED DEPUTIES AND CLERICAL ASSISTANTS ARE PAID MONTHLY BY MARSHALS. THEIR ANNUAL SALARIES ARE FIXED BY THE ATTORNEY GENERAL. (SEE ACT OF MAY 28, 1896, 29 STAT.L., 182, AND PARS. 329 AND 345).

121. SALARIED DEPUTIES ALSO RECEIVE ACTUAL TRAVELING EXPENSES AND ACTUAL EXPENSES OF LODGING AND SUBSISTENCE, NOT EXCEEDING $3 PER DAY (SEE 35 STAT.L., 640) WHEN ABSENT FROM THEIR STATIONS ON OFFICIAL BUSINESS; THEY ARE ALSO REIMBURSED FOR EXPENSES OF TRANSPORTING PRISONERS, INCLUDING NECESSARY GUARD HIRE. (SEE PARS. 398 TO 410.)

122. THERE IS A PENALTY FOR DEMANDING OR RECEIVING ANY FEES OR COMPENSATION OTHER THAN THOSE ABOVE MENTIONED.

WHILE IN THE EARLIER DECISION OF THE COMPTROLLER OF THE TREASURY, DECEMBER 6, 1912, TO WHICH YOU REFER, IT WAS HELD THAT THE PAYMENT TO A DEPUTY UNITED STATES MARSHAL OF A REWARD FOR THE APPREHENSION AND DELIVERY OF A DESERTER FROM THE MARINE CORPS WAS AUTHORIZED, AS SUCH SERVICE WAS NOT A PART OF HIS OFFICIAL DUTIES, THE PROVISION IN THE ACT OF FEBRUARY 16, 1909, SUPRA, WAS NOT REFERRED TO THEREIN AND APPARENTLY WAS NOT CONSIDERED.

IN VIEW OF THE FOREGOING CONSIDERATIONS YOU ARE ADVISED THAT THE PAYMENT OF THE VOUCHER IS NOT AUTHORIZED.