MARCH 8, 1923, 2 COMP. GEN. 534
Highlights
WITNESSES IN STATE COURTS - EMPLOYEES OF BUREAU OF INTERNAL REVENUE EMPLOYEES OF THE BUREAU OF INTERNAL REVENUE SUMMONED TO ATTEND PROCEEDINGS IN A STATE COURT AS WITNESSES IN THE TRIAL OF A DEFENDANT FOR THE MURDER OF A FEDERAL PROHIBITION AGENT ARE NOT ENTITLED TO REIMBURSEMENT FROM GOVERNMENT FUNDS FOR TRAVELING EXPENSES OR SUBSISTENCE. NOR MAY THEY BE PAID THEIR SALARY WHILE SO ABSENT FROM DUTY UNLESS THEY ARE ENTITLED TO ANNUAL LEAVE AND SUCH ABSENCE IS CHARGED THERETO. 1923: THERE WAS RECEIVED BY YOUR DIRECTION A LETTER OF FEBRUARY 27. AS FOLLOWS: FOR YOUR CONSIDERATION THERE IS INCLOSED A MEMORANDUM DATED FEBRUARY 23. THE QUESTION AT ISSUE IS: (1)SHOULD SAID AGENTS WHILE ATTENDING AS WITNESSES BE CONSIDERED ON OFFICIAL BUSINESS AND HAVE THEIR SALARIES AND EXPENSES PAID FROM THE APPROPRIATION "ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS.
MARCH 8, 1923, 2 COMP. GEN. 534
WITNESSES IN STATE COURTS - EMPLOYEES OF BUREAU OF INTERNAL REVENUE EMPLOYEES OF THE BUREAU OF INTERNAL REVENUE SUMMONED TO ATTEND PROCEEDINGS IN A STATE COURT AS WITNESSES IN THE TRIAL OF A DEFENDANT FOR THE MURDER OF A FEDERAL PROHIBITION AGENT ARE NOT ENTITLED TO REIMBURSEMENT FROM GOVERNMENT FUNDS FOR TRAVELING EXPENSES OR SUBSISTENCE, NOR MAY THEY BE PAID THEIR SALARY WHILE SO ABSENT FROM DUTY UNLESS THEY ARE ENTITLED TO ANNUAL LEAVE AND SUCH ABSENCE IS CHARGED THERETO.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MARCH 8, 1923:
THERE WAS RECEIVED BY YOUR DIRECTION A LETTER OF FEBRUARY 27, 1923, FROM THE COMMISSIONER OF INTERNAL REVENUE, AS FOLLOWS:
FOR YOUR CONSIDERATION THERE IS INCLOSED A MEMORANDUM DATED FEBRUARY 23, 1923, FROM MR. JAMES E. JONES, ASSISTANT PROHIBITION COMMISSIONER, TO THE DEPUTY COMMISSIONER OF ACCOUNTS AND COLLECTIONS, THIS BUREAU, REQUESTING AN ADVANCE DECISION RELATIVE TO THE MATTER OF A PROHIBITION DIRECTOR AND TWO FEDERAL PROHIBITION AGENTS ATTENDING TRIAL AS WITNESSES IN THE CASE OF THE STATE OF NEVADA V. R. F. RAINE AND JOHN BRITE, IN CONNECTION WITH THE ALLEGED MURDER OF A FORMER FEDERAL PROHIBITION AGENT.
THE QUESTION AT ISSUE IS:
(1)SHOULD SAID AGENTS WHILE ATTENDING AS WITNESSES BE CONSIDERED ON OFFICIAL BUSINESS AND HAVE THEIR SALARIES AND EXPENSES PAID FROM THE APPROPRIATION "ENFORCEMENT OF NARCOTIC AND NATIONAL PROHIBITION ACTS, INTERNAL REVENUE, 1923," OR
(2) SHOULD THEY BE CONSIDERED IN A NONPAY STATUS AND RECEIVE REIMBURSEMENT FOR THE CUSTOMARY WITNESS FEES AND EXPENSES FROM THE COURT, OR
(3) SHOULD THEY BE CONSIDERED IN A LEAVE WITH PAY STATUS, CHARGING THE TIME OF SUCH ATTENDANCE TO THEIR ANNUAL LEAVE, AND RECEIVE REIMBURSEMENT FROM THE COURT ONLY FOR THEIR TRAVEL AND SUBSISTENCE EXPENSES?
YOUR EARLY DECISION IN THIS MATTER IS RESPECTFULLY REQUESTED.
IT APPEARS THAT FEDERAL PROHIBITION DIRECTOR J. P. DONNELLEY, RENO, NEV. AND FEDERAL PROHIBITION AGENTS P. E. DUBOIS AND PERCIVAL NASH WILL ATTEND THE CASE OF STATE OF NEVADA V. R. F. RAINE AND JOHN BRITE ON THE CHARGE OF MURDER IN CONNECTION WITH THE DEATH OF FORMER FEDERAL PROHIBITION AGENT ATHA CARTER, CAUSED BY GUNSHOT WOUNDS; THAT THE CASE WILL COME TO TRIAL IN THE STATE COURT AT EUREKA, NEV., SOMETIME DURING THE MONTH OF MARCH; AND THAT MESSRS. DONNELLEY, DUBOIS, AND NASH WILL ATTEND THE TRIAL AS WITNESSES.
THESE WITNESSES APPARENTLY ARE CALLED UPON TO ATTEND A SESSION OF A STATE COURT IN OBEDIENCE TO A SUMMONS, THE SAME AS OTHER PRIVATE CITIZENS OF THE STATE ARE REQUIRED TO DO UNDER THE CIRCUMSTANCES, GIVING THEIR TIME TO THE STATE AND RECEIVING THEREFROM THE COMPENSATION PROVIDED BY STATE LAW FOR SUCH SERVICES. DURING THE PERIOD IN WHICH THEY ARE REQUIRED BY THE STATE TO BE PRESENT THEY PERFORM NO DIRECT SERVICE FOR THE FEDERAL GOVERNMENT AND NO PAYMENT OF SALARY, TRAVELING EXPENSES, OR SUBSISTENCE MAY BE MADE TO THESE WITNESSES. THUS YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE. AS TO QUESTIONS 2 AND 3 CONCERNING THE EMPLOYEES BEING PLACED IN NONPAY OR PAY STATUS, YOU ARE ADVISED THAT SAID PERSONS CAN NOT RECEIVE ANY PAYMENT FOR SALARY FROM THE UNITED STATES FOR THE TIME OF ATTENDANCE UPON SAID STATE COURT UNLESS THE TIME BE ALLOWED FOR AUTHORIZED ANNUAL LEAVE.