A-8812, MAY 6, 1925, 4 COMP. GEN. 929

A-8812: May 6, 1925

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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY ATTACHED VOUCHER IN FAVOR OF F. IS IN PART. AS FOLLOWS: A REWARD OF $50 WILL BE PAID TO ANY CIVIL OFFICER OR CIVILIAN. OF A DESERTER FROM THE MILITARY SERVICE * * *.THE REWARD WILL BE PAID BY THE QUARTERMASTER CORPS AND WILL BE IN FULL SATISFACTION OF ALL EXPENSES FOR ARRESTING. ACTUAL EXPENSES ONLY WHERE THE SAME DO NOT EXCEED $50 WILL BE REIMBURSED TO THE DEPARTMENT OF JUSTICE UPON PRESENTATION OF PROPER EXPENSE ACCOUNT IN CASES WHERE DESERTERS OR ESCAPED MILITARY PRISONERS HAVE BEEN DELIVERED TO THE MILITARY AUTHORITIES BY OFFICIALS OF THAT DEPARTMENT * * *. JERVAH CONTENDS THAT HE IS NOT A SALARIED DEPUTY MARSHAL. THE REGULATION IS SPECIFIC AND UNDER ITS PROVISIONS UNITED STATES DEPUTY MARSHALS MAY NOT BE PAID THE REWARD FOR APPREHENDING AND DELIVERING DESERTERS FROM THE MILITARY SERVICE.

A-8812, MAY 6, 1925, 4 COMP. GEN. 929

REWARDS FOR APPREHENSION OF DESERTERS FROM THE ARMY - FEE DEPUTY MARSHAL THE PAYMENT OF REWARDS UNDER THE ACT OF JUNE 7, 1924, 43 STAT. 485, FOR THE APPREHENSION, SECURING, AND DELIVERY OF DESERTERS FROM THE MILITARY SERVICE BEING DISCRETIONARY WITH THE SECRETARY OF WAR, AND THAT OFFICIAL BY REGULATION HAVING EXCLUDED MARSHALS, DEPUTY MARSHALS, AND SPECIAL AGENTS OF THE DEPARTMENT OF JUSTICE FROM THOSE WHO MAY BECOME ENTITLED TO SUCH REWARDS, NO REWARD MAY BE PAID TO A DEPUTY MARSHAL, WHETHER HE BE A SALARIED OR A FEE DEPUTY.

COMPTROLLER GENERAL MCCARL TO CAPT. S. B. ARMAT, UNITED STATES ARMY, MAY 6, 1925:

THERE HAS BEEN RECEIVED, THROUGH THE OFFICE OF CHIEF OF FINANCE, YOUR LETTER OF MARCH 18, 1925, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY ATTACHED VOUCHER IN FAVOR OF F. A. JERVAH, DEPUTY UNITED STATES MARSHAL OF NEWPORT, VT., FOR REWARD OF $50 FOR THE ARREST AND DELIVERY ON JANUARY 1, 1925, OF CLIFFORD ROBICHAUD, QUARTERMASTER CORPS, A DESERTER FROM THE MILITARY SERVICE.

THE ACT OF JUNE 7, 1924, 43 STAT. 485, 486, MAKING APPROPRIATIONS FOR THE MILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1925, PROVIDES:

* * * FOR THE APPREHENSION, SECURING, AND DELIVERING OF DESERTERS, INCLUDING ESCAPED MILITARY PRISONERS, AND THE EXPENSES INCIDENT TO THEIR PURSUIT; AND NO GREATER SUM THAN $50 FOR EACH DESERTER OR ESCAPED MILITARY PRISONER SHALL IN THE DISCRETION OF THE SECRETARY OF WAR, BE PAID TO ANY CIVIL OFFICER OR CITIZEN FOR SUCH SERVICES AND EXPENSES * * *.

PARAGRAPH 121, ARMY REGULATIONS, AS AMENDED BY CHANGE NO. 67, JANUARY 31, 1918, IS IN PART, AS FOLLOWS:

A REWARD OF $50 WILL BE PAID TO ANY CIVIL OFFICER OR CIVILIAN, EXCEPT UNITED STATES MARSHALS, UNITED STATES DEPUTY MARSHALS, AND SPECIAL AGENTS OF THE DEPARTMENT OF JUSTICE, FOR THE APPREHENSION AND DELIVERY, TO THE PROPER MILITARY AUTHORITIES AT A MILITARY POST, OF A DESERTER FROM THE MILITARY SERVICE * * *.THE REWARD WILL BE PAID BY THE QUARTERMASTER CORPS AND WILL BE IN FULL SATISFACTION OF ALL EXPENSES FOR ARRESTING, KEEPING, AND DELIVERING THE DESERTER OR ESCAPED MILITARY PRISONER. ACTUAL EXPENSES ONLY WHERE THE SAME DO NOT EXCEED $50 WILL BE REIMBURSED TO THE DEPARTMENT OF JUSTICE UPON PRESENTATION OF PROPER EXPENSE ACCOUNT IN CASES WHERE DESERTERS OR ESCAPED MILITARY PRISONERS HAVE BEEN DELIVERED TO THE MILITARY AUTHORITIES BY OFFICIALS OF THAT DEPARTMENT * * *.

MR. JERVAH CONTENDS THAT HE IS NOT A SALARIED DEPUTY MARSHAL, BUT A "FEE" DEPUTY AND THAT HE RECEIVES PAY ONLY FOR WHAT HE DOES. HOWEVER, THE REGULATION IS SPECIFIC AND UNDER ITS PROVISIONS UNITED STATES DEPUTY MARSHALS MAY NOT BE PAID THE REWARD FOR APPREHENDING AND DELIVERING DESERTERS FROM THE MILITARY SERVICE. MR. JERVAH IS A UNITED STATES DEPUTY MARSHAL AND, THEREFORE, COMES WITHIN THE PROHIBITION IN THE REGULATION AGAINST PAYMENT OF THE REWARD. DECISION OF THE COMPTROLLER OF THE TREASURY, AUGUST 28, 1919, 90 MS. COMP. DEC. 1155; SEE ALSO DECISION DATED FEBRUARY 12, 1925, 4 COMP. GEN. 687.

YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER IN QUESTION IS NOT AUTHORIZED.