A-59035, JANUARY 3, 1935, 14 COMP. GEN. 503

A-59035, JANUARY 3, 1935, 14 COMP. GEN. 503

TRAVELING EXPENSES - OATHS - CHIEFS OF FIELD PARTIES THE EXPRESSION "CHIEFS OF FIELD PARTIES" AS USED IN THE ACT OF AUGUST 24, 1912, 37 STAT. 487, MEANS THE HEAD OR PERSON IN CHARGE OF A PARTY OF EMPLOYEES ENGAGED IN FIELDWORK OF A MORE OR LESS AMBULATORY NATURE AND DOES NOT INCLUDE THE HEAD OF A GOVERNMENT ORGANIZATION WHOSE HEADQUARTERS ARE FIXED AT A PARTICULAR PLACE. THE CHIEF CLERK OF THE NATIONAL RAILROAD ADJUSTMENT BOARD WOULD APPEAR TO BE QUALIFIED UNDER THE ACT OF AUGUST 24, 1912, 37 STAT. 487, TO ADMINISTER OATHS TO TRAVEL EXPENSE VOUCHERS AS COMING WITHIN THE GENERAL DESCRIPTION OF CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, NATIONAL RAILROAD ADJUSTMENT BOARD, JANUARY 3, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 14, 1934, AS FOLLOWS:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7, 1934, FILE A 59035,IN REPLY TO MY LETTER DATED NOVEMBER 26, 1934, IN WHICH I REQUESTED INFORMATION REGARDING THE APPOINTMENT OF SOME EMPLOYEE OF THIS BOARD TO ADMINISTER OATHS.

IN YOUR REPLY YOU QUOTED SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, WHICH PROVIDES:

"AFTER JUNE THIRTIETH, NINETEEN HUNDRED AND TWELVE, POSTMASTERS, ASSISTANT POSTMASTERS, * * * AND CHIEFS OF FIELD PARTIES, ARE REQUIRED, EMPOWERED, AND AUTHORIZED, WHEN REQUESTED, TO ADMINISTER OATHS, REQUIRED BY LAW OR OTHERWISE, TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES, * * *.'

IT IS REQUESTED THAT YOU ADVISE WHETHER OR NOT THE CHAIRMAN OF THE NATIONAL RAILROAD ADJUSTMENT BOARD WOULD BE CONSIDERED A "CHIEF OF FIELD PARTY," AND THEREFORE AUTHORIZED TO ADMINISTER OATHS TO EXPENSE ACCOUNTS.

THE EXPRESSION "CHIEFS OF FIELD PARTIES" AS USED IN THE STATUTE IN QUESTION MEANS THE HEAD, OR PERSON IN CHARGE, OF A PARTY OF EMPLOYEES ENGAGED IN FIELDWORK OF A MORE OR LESS AMBULATORY NATURE IN OUT OF THE WAY PLACES, SUCH AS A SURVEYING PARTY. IT DOES NOT INCLUDE THE HEAD OF A GOVERNMENT ORGANIZATION WHOSE HEADQUARTERS ARE FIXED AT A PARTICULAR PLACE AS IS THE CASE OF THE NATIONAL RAILROAD ADJUSTMENT BOARD. SEE SECTION 3 (R) OF THE ACT OF JUNE 21, 1934, 48 STAT. 1192. HOWEVER, YOUR ATTENTION IS INVITED TO THE PROVISION IN THE ACT OF AUGUST 24, 1912, 37 STAT. 487, FOR THE ADMINISTRATION OF OATHS BY "CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE.' THE CHIEF CLERK OF YOUR BOARD WOULD, THEREFORE, APPEAR TO BE AUTHORIZED TO ADMINISTER OATHS TO EXPENSE ACCOUNTS. SEE 6 COMP. GEN. 149.