A-6778, JANUARY 23, 1925, 4 COMP. GEN. 627

A-6778: Jan 23, 1925

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1925: REFERENCE IS HAD TO YOUR REQUEST OF DECEMBER 3. FOR DECISION WHETHER REIMBURSEMENT IS AUTHORIZED TO DEPUTY CLERK OF COURT. YOU STATE THAT THE DEPUTY CLERK WAS NOT GIVEN A NEW APPOINTMENT. THAT THE CHANGE WAS DEEMED ADVISABLE FOR THE BEST INTERESTS OF THE SERVICE TO FILL THE PLACE OF A DEPUTY CLERK WHO HAD RESIGNED. THAT THE TRANSFER WAS NOT MADE UPON THE APPLICATION OF THE DEPUTY. NO REIMBURSEMENT WOULD HAVE BEEN AUTHORIZED FOR THE EXPENSES INCURRED BY THE EMPLOYEE IN PLACING HIMSELF AT HIS NEW STATION. 11 COMP. THE APPOINTMENT OF DEPUTY CLERKS OF COURTS IS AUTHORIZED BY SECTION 4 OF THE FEDERAL JUDICIAL CODE. " REFERS TO THE APPOINTMENT OF DEPUTY CLERKS IN CERTAIN STATES WHO ARE REQUIRED IN CHAPTER 5 OF THE CODE TO BE APPOINTED FOR DUTY AT CERTAIN PLACES OF HOLDING COURT.

A-6778, JANUARY 23, 1925, 4 COMP. GEN. 627

TRAVELING EXPENSES - CHANGE OF STATION CLERKS OF UNITED STATES COURTS THE CHANGE IN THE DESIGNATED PLACE OF DUTY WITHIN THE SAME DISTRICT OF A DEPUTY CLERK OF A UNITED STATES DISTRICT COURT, WHEN APPOINTED UNDER SECTION 4 OF THE FEDERAL JUDICIAL CODE, ACT OF MARCH 3, 1911, 36 STAT. 1087, DOES NOT CONSTITUTE A NEW APPOINTMENT, AND HE MAY BE REIMBURSED HIS ACTUAL AND NECESSARY TRAVELING EXPENSES INCURRED IN SUCH TRAVEL TO THE EXTENT AUTHORIZED BY LAW AND REGULATION.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JANUARY 23, 1925:

REFERENCE IS HAD TO YOUR REQUEST OF DECEMBER 3, 1924 (JDH 10 S 441 84), FOR DECISION WHETHER REIMBURSEMENT IS AUTHORIZED TO DEPUTY CLERK OF COURT, CHARLES L. KNOWLES, FOR TRAVELING EXPENSES INCURRED PURSUANT TO HIS CHANGE OF STATION FROM KEY WEST TO MIAMI, FLA. YOU STATE THAT THE DEPUTY CLERK WAS NOT GIVEN A NEW APPOINTMENT, BUT THAT THE CHANGE WAS DEEMED ADVISABLE FOR THE BEST INTERESTS OF THE SERVICE TO FILL THE PLACE OF A DEPUTY CLERK WHO HAD RESIGNED, AND THAT THE TRANSFER WAS NOT MADE UPON THE APPLICATION OF THE DEPUTY.

HAD THE TRAVEL IN QUESTION BEEN DUE TO A NEW APPOINTMENT, NO REIMBURSEMENT WOULD HAVE BEEN AUTHORIZED FOR THE EXPENSES INCURRED BY THE EMPLOYEE IN PLACING HIMSELF AT HIS NEW STATION. 11 COMP. DEC. 442; 20 ID. 73.

THE APPOINTMENT OF DEPUTY CLERKS OF COURTS IS AUTHORIZED BY SECTION 4 OF THE FEDERAL JUDICIAL CODE, 36 STAT. 1087, IN THE FOLLOWING LANGUAGE:

EXCEPT AS OTHERWISE SPECIALLY PROVIDED BY LAW, THE CLERK OF THE DISTRICT COURT FOR EACH DISTRICT MAY, WITH THE APPROVAL OF THE DISTRICT JUDGE THEREOF, APPOINT SUCH NUMBER OF DEPUTY CLERKS AS MAY BE DEEMED NECESSARY BY SUCH JUDGE, WHO MAY BE DESIGNATED TO RESIDE AND MAINTAIN OFFICES AT SUCH PLACES OF HOLDING COURT AS THE JUDGE MAY DETERMINE * * *.

THE PHRASE "EXCEPT AS OTHERWISE SPECIALLY PROVIDED BY LAW," REFERS TO THE APPOINTMENT OF DEPUTY CLERKS IN CERTAIN STATES WHO ARE REQUIRED IN CHAPTER 5 OF THE CODE TO BE APPOINTED FOR DUTY AT CERTAIN PLACES OF HOLDING COURT. SEE PARAGRAPH 767 OF THE INSTRUCTIONS TO UNITED STATES MARSHALS, ATTORNEYS, CLERKS, AND COMMISSIONERS.

SAID CHAPTER 5 MAKES NO REQUIREMENT THAT THE OFFICES OF THE CLERKS OF THE COURT IN FLORIDA BE MAINTAINED AT CERTAIN SPECIFIED PLACES AS IS REQUIRED BY THAT CHAPTER IN CERTAIN OTHER STATES AND IT IS PRESUMED THEREFORE THAT DEPUTIES IN FLORIDA ARE APPOINTED UNDER SECTION 4 OF THE CODE FOR DUTY WITHIN A PARTICULAR DISTRICT AND MAY BE REQUIRED TO CHANGE THEIR PLACE OF RESIDENCE WITHIN THE DISTRICT AT THE DISCRETION OF THE JUDGE.

BOTH KEY WEST AND MIAMI, FLA., ARE IN THE SOUTHERN JUDICIAL DISTRICT OF FLORIDA AND THE CHANGE IN THE DESIGNATED PLACE OF DUTY OF THE DEPUTY CLERK APPEARS TO BE AUTHORIZED BY SECTION 4 OF THE JUDICIAL CODE, SUPRA.

THE ACT OF FEBRUARY 26, 1919, 40 STAT. 1182, PROVIDES:

WHEN ANY SUCH DEPUTY OR CLERICAL ASSISTANT IS NECESSARILY ABSENT FROM THE PLACE OF HIS REGULAR EMPLOYMENT ON OFFICIAL BUSINESS HE SHALL BE ALLOWED HIS ACTUAL TRAVELING EXPENSES ONLY AND HIS NECESSARY AND ACTUAL EXPENSES FOR LODGING AND SUBSISTENCE, THE LATTER NOT TO EXCEED $3 PER DAY.

THE ACT OF JUNE 1, 1922, 42 STAT. 616, PROVIDES:

FOR SALARIES OF CLERKS * * * UNITED STATES DISTRICT COURTS, THEIR DEPUTIES, AND OTHER ASSISTANTS, EXPENSES OF TRAVEL AND SUBSISTENCE * * * IN ACCORDANCE WITH THE PROVISIONS OF THE ACT APPROVED FEBRUARY 26, 1919 *

THE ACT OF MAY 28, 1924, 43 STAT. 220, APPROPRIATES:

FOR SALARIES OF CLERKS OF UNITED STATES CIRCUIT COURTS OF APPEALS AND UNITED STATES DISTRICT COURTS, THEIR DEPUTIES, AND OTHER ASSISTANTS, EXPENSES OF TRAVEL AND SUBSISTENCE * * * IN ACCORDANCE WITH THE PROVISIONS OF THE ACT APPROVED FEBRUARY 26, 1919, AND THE ACT APPROVED JUNE 1, 1922 *

IF, THEREFORE, DEPUTY CLERK OF THE COURT KNOWLES WAS APPOINTED UNDER THE GENERAL AUTHORITY OF SECTION 4 OF THE JUDICIAL CODE FOR DUTY ANYWHERE WITHIN THE DISTRICT, HIS ACTUAL AND NECESSARY EXPENSES OF TRAVEL BETWEEN HIS OLD AND NEW STATIONS WITHIN THE SAME JUDICIAL DISTRICT AS STATED MAY BE REIMBURSED TO HIM TO THE EXTENT AUTHORIZED BY LAW AND THE TRAVEL REGULATIONS APPLICABLE THERETO.