AUGUST 22, 1922, 2 COMP. GEN. 134
Highlights
ARE NOT TROOPS OF THE UNITED STATES WITHIN THE MEANING OF THE LAND-GRANT LAWS. WHEN OFFICERS OF THE COAST AND GEODETIC SURVEY ARE FURNISHED TRANSPORTATION REQUESTS COVERING TRAVEL FOR WHICH THEY WOULD BE ENTITLED TO MILEAGE THE DEDUCTION FROM THE MILEAGE ALLOWANCE IS FIXED BY THE ACT OF JUNE 12. - (1) WHETHER OR NOT TRAVEL PERFORMED BY COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY IS SUBJECT TO LAND-GRANT DEDUCTIONS. - THE PREVAILING RATE CHARGED BY THE RAILROAD IS 3.6 CENTS PER MILE. EXCEPT AS PROVISION IS MADE IN SECTION 16 OF THE ACT OF MAY 22. IT WAS HELD BY THE SUPREME COURT IN DECISION OF APRIL 10. " ARE NOT TROOPS OF THE UNITED STATES WITHIN THE MEANING OF THE LAND-GRANT ACTS WHEN THE COAST GUARD OPERATES UNDER AND AT THE EXPENSE OF THE TREASURY DEPARTMENT.
AUGUST 22, 1922, 2 COMP. GEN. 134
TRANSPORTATION OF MEMBERS OF COAST AND GEODETIC SURVEY - LAND-GRANT DEDUCTIONS AND MILEAGE OF OFFICERS MEMBERS OF THE COAST AND GEODETIC SURVEY, WHEN OPERATING UNDER AND AT THE EXPENSE OF THE DEPARTMENT OF COMMERCE, ARE NOT TROOPS OF THE UNITED STATES WITHIN THE MEANING OF THE LAND-GRANT LAWS, AND PAYMENT FOR TRANSPORTATION FURNISHED BY RAILROADS ON GOVERNMENT TRANSPORTATION REQUESTS SHOULD BE MADE WITHOUT DEDUCTION FOR LAND-GRANT. WHEN OFFICERS OF THE COAST AND GEODETIC SURVEY ARE FURNISHED TRANSPORTATION REQUESTS COVERING TRAVEL FOR WHICH THEY WOULD BE ENTITLED TO MILEAGE THE DEDUCTION FROM THE MILEAGE ALLOWANCE IS FIXED BY THE ACT OF JUNE 12, 1906, 34 STAT., 246, AT 3 CENTS PER MILE, AND THE FACT THAT THE COST OF THE TRANSPORTATION TO THE GOVERNMENT MAY BE GREATER DOES NOT AUTHORIZE ANY GREATER DEDUCTION.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, AUGUST 22, 1922:
THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 17, 1922, CITING SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT., 631, WHICH FIXES THE MILEAGE ALLOWANCE OF, AMONG OTHERS, COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, AND EXTENDING TO THESE OFFICERS THE PROVISIONS OF LAW, 34 STAT., 246, APPLICABLE TO OFFICERS OF THE ARMY FOR THE ISSUANCE OF TRANSPORTATION REQUESTS WHEN TRAVELING ON A MILEAGE BASIS, AND REQUESTING DECISION---
(1) WHETHER OR NOT TRAVEL PERFORMED BY COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY IS SUBJECT TO LAND-GRANT DEDUCTIONS, AND (2) SHALL A FLAT RATE OF THREE CENTS PER MILE BE DEDUCTED FROM THE MILEAGE ACCOUNT REGARDLESS OF THE AMOUNT CHARGED BY THE RAILROAD COMPANY, AS PROVIDED IN THE ACT OF JUNE 12, 1906, 34 STAT., 246, OR SHALL THE ACTUAL SUM PAID FOR SUCH TRANSPORTATION BE DEDUCTED?
YOU ADD THAT---
THE PREVAILING RATE CHARGED BY THE RAILROAD IS 3.6 CENTS PER MILE, WHEREAS THE ACT OF JUNE 12, 1906, SUPRA, PROVIDES FOR A DEDUCTION OF ONLY THREE CENTS PER MILE FOR ALL TRANSPORTATION FURNISHED ON GOVERNMENT REQUESTS.
THE COAST AND GEODETIC SURVEY NORMALLY OPERATES UNDER AND AT THE EXPENSE OF THE DEPARTMENT OF COMMERCE, AND NOT AS A PART OF THE MILITARY FORCES OF THE NATION, EXCEPT AS PROVISION IS MADE IN SECTION 16 OF THE ACT OF MAY 22, 1917, 40 STAT., 87, FOR THE TEMPORARY TRANSFER WHEN A NATIONAL EMERGENCY EXISTS OF SUCH PERSONNEL THEREOF AS THE PRESIDENT MAY DEEM TO THE BEST INTEREST OF THE COUNTRY, TO THE WAR OR NAVY DEPARTMENT, THE COST OF SUCH PERSONNEL AFTER TRANSFER TO BE BORNE BY THE DEPARTMENT TO WHICH TRANSFERRED.
IT WAS HELD BY THE SUPREME COURT IN DECISION OF APRIL 10, 1922, RE LOUISVILLE AND NASHVILLE RAILROAD CO. V. UNITED STATES, THAT THE MEMBERS OF THE COAST GUARD, ALTHOUGH BY THE ACT OF JANUARY 28, 1915, 38 STAT., 800, CONSTITUTED "A PART OF THE MILITARY FORCES OF THE UNITED STATES," ARE NOT TROOPS OF THE UNITED STATES WITHIN THE MEANING OF THE LAND-GRANT ACTS WHEN THE COAST GUARD OPERATES UNDER AND AT THE EXPENSE OF THE TREASURY DEPARTMENT, ALTHOUGH OTHERWISE WHEN IT OPERATES UNDER AND AT THE EXPENSE OF THE NAVY DEPARTMENT. SEE 1 COMP. GEN., 657.
APPLYING THE REASONING OF THAT DECISION TO THE COAST AND GEODETIC SURVEY AS ESTABLISHED BY LAW, YOUR FIRST QUESTION IS ANSWERED BY SAYING THAT WHEN THE COAST AND GEODETIC SURVEY IS OPERATING UNDER AND AT THE EXPENSE OF THE DEPARTMENT OF COMMERCE THE MEMBERS THEREOF DO NOT CONSTITUTE TROOPS OF THE UNITED STATES WITHIN THE MEANING OF THE LAND-GRANT ACTS AND PAYMENT FOR TRANSPORTATION FURNISHED BY RAILROADS ON GOVERNMENT TRANSPORTATION REQUESTS SHOULD BE MADE WITHOUT DEDUCTION FOR LAND-GRANT AS FOR TROOPS OF THE UNITED STATES.
WITH RESPECT TO YOUR SECOND QUESTION, THE ACT OF JUNE 12, 1906, 34 STAT., 246, SO FAR AS HERE MATERIAL, PROVIDES---
THAT OFFICERS WHO SO DESIRE MAY, UPON APPLICATION TO THE QUARTERMASTER'S DEPARTMENT, BE FURNISHED UNDER THEIR ORDERS TRANSPORTATION REQUESTS FOR THE ENTIRE JOURNEY BY LAND, EXCLUSIVE OF SLEEPING AND PARLOR CAR ACCOMMODATIONS, OR BY WATER; AND THE TRANSPORTATION SO FURNISHED SHALL, IF TRAVEL WAS PERFORMED UNDER A MILEAGE STATUS, BE A CHARGE AGAINST THE OFFICER'S MILEAGE ACCOUNT, TO BE DEDUCTED AT THE RATE OF THREE CENTS PER MILE BY THE PAYMASTER PAYING THE ACCOUNT, * * *.
THE DEDUCTION TO BE MADE IS FIXED BY THE STATUTE AT 3 CENTS PER MILE, WITHOUT REFERENCE TO WHAT THE COST TO THE GOVERNMENT WILL BE, WHETHER MORE OR LESS THAN 3 CENTS PER MILE. TO DEDUCT MORE THAN THE AMOUNT FIXED IN THE STATUTE WOULD IN EFFECT BE A REDUCTION OF THE STATUTORY MILEAGE ALLOWANCE, WHICH UNDER PRESENT MILEAGE LAWS, WHERE LAND-GRANT IS NOT INVOLVED IS, IN EFFECT, 8 CENTS PER MILE, OR IF THE OFFICER SO DESIRES, 5 CENTS PER MILE AND TRANSPORTATION REQUESTS.