A-9868, DECEMBER 24, 1925, 5 COMP. GEN. 447

A-9868: Dec 24, 1925

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1925: I HAVE YOUR LETTER OF MAY 19. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF E. IT APPEARS THAT WRIGHT IS A PATROL INSPECTOR IN THE IMMIGRATION SERVICE. TO APPREHEND THOSE WHO HAVE ENTERED SURREPTITIOUSLY. IT IS STATED BY THE PATROL INSPECTOR IN CHARGE OF THE EL PASO PATROL DISTRICT THAT THE ARREST OF PRIVATE BARFIELD WAS MADE BY PATROL INSPECTOR WRIGHT WHILE THE LATTER WAS OFF DUTY AND NOT IN THE DISCHARGE OF HIS REGULAR DUTIES. THE PLACE WHERE HE WAS APPREHENDED. FUNDS FOR THE PAYMENT OF THE REWARD HAVE BEEN PROVIDED BY A CLAUSE IN THE SUCCESSIVE APPROPRIATION ACTS FOR THE SUPPORT OF THE ARMY DURING THE PAST NUMBER OF YEARS. WRIGHT AS A PATROL INSPECTOR IN THE IMMIGRATION SERVICE IS NOT SUCH AS TO PRECLUDE HIM FROM THE REWARD PROVIDED BY THE APPROPRIATION FOR THE ARREST OF DESERTERS FROM THE ARMY.

A-9868, DECEMBER 24, 1925, 5 COMP. GEN. 447

REWARDS - ARMY DESERTERS WHERE A PATROL INSPECTOR OF THE IMMIGRATION SERVICE, IN HIS CAPACITY AS A PRIVATE CITIZEN AND OUTSIDE THE SCOPE OF HIS OFFICIAL DUTIES, ARRESTED A DESERTER FROM THE ARMY AND DELIVERED HIM TO MILITARY CONTROL, THE $50 REWARD PROVIDED THEREFOR MAY BE PAID.

COMPTROLLER GENERAL MCCARL TO MAJ. G. F. HUMBERT, UNITED STATES ARMY, DECEMBER 24, 1925:

I HAVE YOUR LETTER OF MAY 19, 1925, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF E. A. WRIGHT, UNITED STATES BORDER PATROL, EL PASO, EX., FOR $50 REWARD FOR THE APPREHENSION AND DELIVERY ON FEBRUARY 17, 1925, AT FORT BLISS, TEX., OF PRIVATE DONOVAN B. BARFIELD, R-6440021, A DESERTER FROM COMPANY G NINTH INFANTRY, UNITED STATES ARMY, STATIONED AT FORT SAM HOUSTON, TEX.

IT APPEARS THAT WRIGHT IS A PATROL INSPECTOR IN THE IMMIGRATION SERVICE, DEPARTMENT OF LABOR, AND HIS REGULAR DUTIES CONSIST OF PATROLLING THE INTERNATIONAL BOUNDARY AND THE HIGHWAYS ADJACENT THERETO FOR THE PURPOSE OF DETECTING AND PREVENTING THE ILLEGAL ENTRY OF ALIENS, AND TO APPREHEND THOSE WHO HAVE ENTERED SURREPTITIOUSLY.

IT IS STATED BY THE PATROL INSPECTOR IN CHARGE OF THE EL PASO PATROL DISTRICT THAT THE ARREST OF PRIVATE BARFIELD WAS MADE BY PATROL INSPECTOR WRIGHT WHILE THE LATTER WAS OFF DUTY AND NOT IN THE DISCHARGE OF HIS REGULAR DUTIES, AND THAT HE CONVEYED SUCH DESERTER FROM HACHITA, N.MEX., THE PLACE WHERE HE WAS APPREHENDED, TO EL PASO (FORT BLISS), TEX., ON HIS OWN TIME AND PAID THE EXPENSES INCIDENT THERETO FROM HIS PERSONAL FUNDS.

FUNDS FOR THE PAYMENT OF THE REWARD HAVE BEEN PROVIDED BY A CLAUSE IN THE SUCCESSIVE APPROPRIATION ACTS FOR THE SUPPORT OF THE ARMY DURING THE PAST NUMBER OF YEARS, IT BEING PROVIDED IN THE ACT OF JUNE 7, 1924, 43 STAT. 485, AS FOLLOWS:

* * * 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; * * *

PURSUANT TO APPROPRIATION, THE SECRETARY OF WAR PROMULGATED REGULATIONS AUTHORIZING THE PAYMENT OF A REWARD OF $50 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. CHANGES ARMY REGULATIONS NO. 67, DATED JANUARY 31, 1918, PARAGRAPH 121.

THE EMPLOYMENT OF MR. WRIGHT AS A PATROL INSPECTOR IN THE IMMIGRATION SERVICE IS NOT SUCH AS TO PRECLUDE HIM FROM THE REWARD PROVIDED BY THE APPROPRIATION FOR THE ARREST OF DESERTERS FROM THE ARMY.