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A79222 1 (1903-06-20)

handle is hein.gao/gaobadacy0001 and id is 1 raw text is: 792 DECISIONS OF THE COMPTROLLER. In the absence of this statutory authority, no commutation of any part of the traveling expenses of Agent Gavett could have been made. He would have been reimbursed for actual and necessary expenses while traveling on duty under the pro- visions of the act of June 16, 1874 (18 Stat., 72), which reads: * * * Provided, That only actual traveling expenses shall be allowed to any person holding employmentor appoint- ment under the United States, and all allowances for mileage and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowved to. any of the disbursing officers of the United States for payments or allowances in violation of this provision. If traveling without a commutation of traveling expenses under the Treasury Regulations of April 10, 1903, and prior regulations, he would have been entitled to be reimbursed for laundry and baths under the terms and conditions of these regulations. One of the purposes of a commutation is to avoid the taking of vouchers to show the actual expenses of a traveler, by allowing him a sum certain and leaving him the judge of what expbnses he will incur in making such travel. Sometimes all of traveling expenses are commuted by law, as in the case of army officers when making. certain kinds of public travel, by paying them a certain rate of mileage in lieu of both transportation and living expenses. Traveling expenses always consist of transportation charges and food and lodging. The latter is covered by the general word stsistence. When this word is used in a statute in relation to traveling expenses, without any qualifying orilimit- ing expressions, it has always been held, in so far as I am aware, to have been used in its broad sense of meaning, namely, the personal living expenses of the -traveler exclusive of transportation expenses. (See 2 Comp. Dec., 497.) This sense has always been attributed to the statute in question. I do not feel at liberty to change a departmental construction < which has been enforced for nearly eighteen years. The action of the Auditor is affirmed. I 4 7 V 4; I I I .3 i t EXPENSES IN CONDEMNATION PROCEEDINGS. 793 EXPENSES INCURRED BY THE DEPARTMENT OF JUSTICE IN CONDEMNATION PROCEEDINGS. Expenses incurred by the Department of Justice for surveys, photographs of buildings, and fees of expert witnesses in connection with the con- demnation of land for a site for a building for the use of the House of Representatives are properly payable from an appropriation for the Department of Justice, and not from the appropriation for the pur- chase of the site. (Compttroller Tracewell to the Secretary of the Interior, .Jice 20, 1903.) I have received, by reference from you of the 15th instant, the following. letter addressed to you by the United States attorney for the District of Columbia: By act of March 3, 1903 (Fifty-seventh Congress, second session, page 114), the sum of $750,000 was appropriated to acquire a site for and toward the construction of a building for office uses of the -louse of Representatives, and this appro- priation, with others to be hereafter made, is to be disbursed by you. The act cited makes no provision for paying expenses in- cident to the proceeding; but the condemnation is directed to be conducted in the manner prescribed for providing a site for an addition to the Government Printing Office (act of July 1, 1898, 30 Stat., pages 648, 649). 'This latter act provides (middle of page 649, 30 Stat.) that the cost occasioned by the inquiry and assessment shall be paid by the United States, and as to other costs which may arise, they shall be chaoed or taxed as the court may direct. The condemnation piroceedings are now so far advanced as that it becomes imperatively necessary that the testimony in the Government's behalf should be prepared. and in that line it is desirable that builders, contractors, and real estate men of character, standing, and judgment should in advance be employed to examine the whole square and the improve- ments upon it; it is also desirable that photographs be made of many, if not of all the buildings, so that the case can be clearly and satisfactorily presented to the commissioners ap- pointed to ascertain the value of the premises taken. It is impossible to contract in advance with these pro- posed witnesses as to their charges for these services, because it can not be ascertained how much of their time will be requisite- for making their examination, and hov much more for their attendance at the sittings of the commission. b '4 I'

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