A-78887, SEPTEMBER 21, 1936, 16 COMP. GEN. 280

A-78887: Sep 21, 1936

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MILEAGE - JURORS - PLACE OF RESIDENCE OTHER THAN PLACE OF BUSINESS A GRAND JUROR WHOSE RESIDENCE IS AT A PLACE OTHER THAN HIS PLACE OF BUSINESS. IS ENTITLED. SESSIONS OF THE GRAND JURY WERE HELD IN THIS COURT. AMONG THE GRAND JURORS IN ATTENDANCE WAS ONE C. AT WHICH PLACE SUMMONS WAS SERVED UPON HIM. INASMUCH AS THIS MAN WAS IN CARSON CITY WHEN CALLED FOR SERVICE ON THE GRAND JURY ON EACH OF THE ABOVE DATES HE WAS ALLOWED FIVE CENTS FOR ONE MILE OF TRAVEL. STATING THAT AS HIS HOME IS IN RENO INSTEAD OF CARSON CITY. HE IS ENTITLED TO MILEAGE FROM AND TO RENO FOR EACH DAY'S ATTENDANCE. FOR ACTUAL ATTENDANCE IN UNITED STATES COURTS IS FOUND IN THE ACT OF APRIL 26. THE JURORS WHILE IN ATTENDANCE IN THE COURT ARE UNDER THE JURISDICTION AND SUBJECT TO THE ORDERS THEREOF.

A-78887, SEPTEMBER 21, 1936, 16 COMP. GEN. 280

MILEAGE - JURORS - PLACE OF RESIDENCE OTHER THAN PLACE OF BUSINESS A GRAND JUROR WHOSE RESIDENCE IS AT A PLACE OTHER THAN HIS PLACE OF BUSINESS, AT WHICH LATTER PLACE HE REMAINS CONTINUOUSLY EACH WEEK FROM SUNDAY NIGHT OR MONDAY MORNING UNTIL THE FOLLOWING SATURDAY NIGHT, IS ENTITLED, FOR GRAND JURY SERVICE REQUIRED DURING THE WEEK, TO MILEAGE FOR TRAVEL BETWEEN PLACE OF BUSINESS, OR BOARDING HOUSE, TO COURTHOUSE AND RETURN, AND NOT FROM AND TO PLACE OF RESIDENCE.

ACTING COMPTROLLER GENERAL ELLIOTT TO O. E. BENHAM, CLERK, UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, SEPTEMBER 21, 1936:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 18, 1936, AS FOLLOWS:

ON MAY 20 AND 27 (WEDNESDAY), 1936, SESSIONS OF THE GRAND JURY WERE HELD IN THIS COURT. AMONG THE GRAND JURORS IN ATTENDANCE WAS ONE C. P. BURNS, WHO MAINTAINS RESIDENCE IN RENO, NEVADA, AND AT WHICH PLACE SUMMONS WAS SERVED UPON HIM. THIS PARTY, HOWEVER, WORKS IN CARSON CITY DURING THE WEEK, RETURNING TO HIS HOME EACH SATURDAY NIGHT.

INASMUCH AS THIS MAN WAS IN CARSON CITY WHEN CALLED FOR SERVICE ON THE GRAND JURY ON EACH OF THE ABOVE DATES HE WAS ALLOWED FIVE CENTS FOR ONE MILE OF TRAVEL, INSTEAD OF $3.10 FOR THIRTY-ONE MILES HAD HE MADE THE TRIP FROM RENO. HE OBJECTED TO THE MILEAGE ALLOWED HIM, STATING THAT AS HIS HOME IS IN RENO INSTEAD OF CARSON CITY, HE IS ENTITLED TO MILEAGE FROM AND TO RENO FOR EACH DAY'S ATTENDANCE.

KINDLY ADVISE ME WITH RESPECT THERETO.

AUTHORITY FOR THE PAYMENT OF TRAVEL EXPENSES TO GRAND JURORS, ON A MILEAGE BASIS, FOR ACTUAL ATTENDANCE IN UNITED STATES COURTS IS FOUND IN THE ACT OF APRIL 26, 1926, 44 STAT. 323, AS AMENDED, SECTION 2 OF WHICH PROVIDES:

JURORS ATTENDING IN SUCH COURTS * * * SHALL RECEIVE * * * 5 CENTS PER MILE FOR GOING FROM HIS OR HER PLACE OF RESIDENCE TO THE PLACE OF TRIAL OR HEARING, AND 5 CENTS PER MILE FOR RETURNING.

THE JURORS WHILE IN ATTENDANCE IN THE COURT ARE UNDER THE JURISDICTION AND SUBJECT TO THE ORDERS THEREOF, AND THEIR FEES AND MILEAGE ARE PROPERLY PAYABLE UNDER THE ORDERS OF THE COURT. ACCORDINGLY, WHENEVER THE COURT PERMITS OR DIRECTS THAT THE JURORS, WHETHER PETIT OR GRAND, RETURN TO THEIR HOMES AND AGAIN ATTEND THE COURT ON THE FOLLOWING OR A SUBSEQUENT DAY, SUCH JURORS WOULD APPEAR TO BE ENTITLED TO THE STATUTORY COMPENSATION OF 5 CENTS PER MILE PROVIDED BY SAID ACT OF APRIL 26, 1926, SUPRA, FOR THE TRAVEL ACTUALLY AND NECESSARILY PERFORMED IN ORDER TO COMPLY WITH THE COURT'S REQUIREMENT. SEE IN RE GRAND JURORS' MILEAGE, 120 FED.REP. 307.

IN THE INSTANT MATTER IT APPEARS THAT THE GRAND JUROR IN OBEDIENCE TO THE SUMMONS SERVED UPON HIM AT HIS PLACE OF RESIDENCE AT RENO, NEV., ATTENDED THE UNITED STATES DISTRICT COURT AT CARSON CITY, NEV., ON MAY 20, 1936, AND ON THE SAME DAY WAS DISCHARGED BY THE COURT UNTIL MAY 27, 1936, WHEN HE AGAIN ATTENDED COURT UNDER SUCH PROCESS AND ON THAT DAY FINALLY WAS DISCHARGED. WHILE THIS JUROR'S HOME WAS AT RENO, IT APPEARS THAT HIS PLACE OF BUSINESS WAS AT CARSON CITY, WHERE HE REMAINED CONTINUOUSLY EACH WEEK FROM SUNDAY NIGHT OR MONDAY MORNING UNTIL THE FOLLOWING SATURDAY NIGHT. EACH OF THE 2 DAYS ON WHICH HE WAS REQUIRED TO APPEAR IN SAID COURT FOR GRAND JURY DUTY WAS WEDNESDAY. HENCE, THE CALL TO JURY DUTY DID NOT ON EITHER DAY REQUIRE ANY TRAVEL BY THE GRAND JUROR BETWEEN HIS HOME IN RENO AND THE PLACE AT WHICH THE GRAND JURY CONVENED IN CARSON CITY. THE NECESSARY TRAVEL OF THE GRAND JUROR FOR SUCH JURY SERVICE WAS ONLY FROM HIS PLACE OF BUSINESS OR HIS BOARDING PLACE IN CARSON CITY TO THE COURTHOUSE AND RETURN.

UNDER THE FACTS AND CIRCUMSTANCES SHOWN THE GRAND JUROR IS NOT ENTITLED TO ALLOWANCE OF MILEAGE FOR TRAVEL BETWEEN RENO AND CARSON CITY, NEV., FOR THE GRAND JURY DUTY ON WEDNESDAY, MAY 20 AND 27, 1936- - NO SUCH TRAVEL HAVING BEEN PERFORMED--- BUT ONLY FOR THE TRAVEL NECESSARY FROM HIS PLACE OF BUSINESS OR HIS BOARDING PLACE IN CARSON CITY TO THE COURTHOUSE AND RETURN, IN CONNECTION WITH SUCH GRAND JURY DUTY.