COURTS, COURTS-MARTIAL, ETC.

176. Expenses of courts-martial, courts of inquiry, military commissions, and compensation of reporters and witnesses attending the same are payable by the Pay Department. Annual appropriation act.

177. Certified copies of civil court records furnished for use before general courtsmartial may be paid for out of appropriation "for expenses of courts-martial," etc.Comp., Mar. 1, 1900, Cir. 228, P. M. G. O.

Payment for photographs and negatives furnished for use of general courts-martial upon request of the judge-advocate may be paid by the Pay Department if authorized by the Secretary of War.-P. M. G., Aug. 30, 1907, 63438.

178. "No person in the military or civil service of the Government can lawfully receive extra compensation for clerical duties performed for a military court."-A. R., 997, 1908.

179. The Secretary of War has the authority to order the employment of experts before courts-martial and to determine the rate of compensation.-24 Ct. Cls., 212; Cir. 13, A. G. O., 1891.

NOTE.-The employment must be authorized in advance and the authority must be filed with the voucher on which payment is made.-See Cir. 30, W. D., 1904.

180. "Interpreters to courts-martial are paid by the Pay Department upon the certificate of the judge-advocate that they were employed by order of the court. They will be allowed the pay and allowances of civilian witnesses.”—A. R., 998, 1908.

181. "Subpœnas should ordinarily be served by persons in the military service, but they may be served by civilians when service by persons in the military service is impracticable or less economical. Where service is made by a civilian, he is entitled to a reasonable compensation therefor, and his accounts will be sent to The AdjutantGeneral with a view to payment."-Cir. 42, W. D., 1907.

NOTE.-The above is not payable from Pay Department appropriations.

182. "The proper officers to administer oaths in the administration of the affairs of the Army (except when otherwise specially provided) are judge-advocates of departments, judge-advocates of courts-martial, the trial officers of summary courts, and in the cases of investigations the officer detailed to conduct the investigation, or the recorder, and if there be none, the presiding officer of any board appointed for such purpose. When none of these are within reach and available, recourse must be had to a notary public or other civil officer competent to administer oaths for general purposes."-A. R., 688, 1908.

FEES.

183. "Fees of civil officers for administering oaths in matters of military administration (where the services of judge-advocates of departments, or of courts-martial, or trial officers of summary courts were not obtainable) will be paid from the appropriation applicable to the subject-matter of the oaths, and in case there be no appropriation applicable thereto the fees will be paid by the Quartermaster's Department.”—A. R., 653, 1908.

184. Fees to persons taking depositions of civilian witnesses for use in courtsmartial shall be the same as allowed by law at place where the deposition is taken, to be paid from “expenses of court-martial.”—Cir. 12, A. G. O., 1901.

NOTE. For amounts allowed, see 13 Comp., 891; Cir. 66, W. D., 1907.

185. A person taking a deposition of civilian witness and charging (in addition to the notary fee) for the number of words contained therein at the rate authorized by the laws of the State in which it is taken, is entitled to payment of said charge.— P. M. G., May 26, 1905, 56224.

REPORTERS.

186. "A judge-advocate of a general court-martial or military commission, and a recorder of a court of inquiry, when appointed by a general officer or a colonel exercising the command of a general officer, may employ, when authorized by the convening authority, a stenographic reporter who shall be paid at the following rates of compensation by the Pay Department on vouchers certified to be correct by the judgeadvocate or recorder, who will forward a copy of the same with the record:

"For each case not to exceed one dollar ($1.00) an hour for time actually spent in court during the trial or hearing except when the court or commission sits less than three hours during the first day, when the allowance for such day shall be three dollars ($3.00). Time will be reckoned to the nearest half of an hour.

"Fifteen (15) cents for each 100 words for transcribing notes and making that portion of the original record which is typewritten; but no allowance shall be made for the first carbon copy of that portion of the record which is typewritten or for original papers which are appended as exhibits.

"Ten (10) cents for each 100 words for copying papers material to the inquiry, and two (2) cents for each 100 words for each carbon copy of the same, when ordered by the court or commission for its use.

"Two (2) cents for each 100 words for the second and each additional carbon copy of the record when authorized by the convening authority.

"Except for such part of the journey as may be covered by government transportation, mileage at the rate authorized for a civilian witness not in government employ, and three dollars ($3.00) a day for expenses when the judge-advocate or recorder keeps him, at his own expense, away from his usual place of employment for 24 hours or more, on public business referred to the court or commission, shall be allowed the reporter for himself, and, when ordered by the court or commission, for each necessary assistant."-A. R., 996, 1908, amended by G. O., 132, Aug. 15, 1908.

NOTE. The authority for the employment of a stenographic reporter must be filed with the voucher on which payment is made.

187. Paragraph 186 "does not authorize the payment to a stenographic reporter of $3 for each case completed by him when more than one case is disposed of in one day, each case requiring less than three hours in which to be completed, but simply guarantees the reporter at least $3 for each day that the court or commission sits when a new case is taken up on that day."—Cir. 81, W. D., Sept. 30, 1908.

In determining the period for which a reporter is entitled to the allowance of $3 a day for expenses when kept away from his usual place of employment, under manual paragraph 186, time should be counted from the date on which he is required to leave his usual place of business by the terms of his employment to the date of his return thereto, provided there be no unnecessary delay in the travel to and from the place where the court meets.

188. A stenographic reporter for a retiring board can only be employed on the authority of the Secretary of War obtained in advance of the employment. The authority must be filed with the voucher on which payment is made.-Sec. War, Apr. 24, 1879, P. M. G. O., 1490 A, 1879.

NOTE. The provisions of section 1248, Revised Statutes, give to a retiring board such powers of a court martial and court of inquiry as may be necessary to enable it to inquire into and determine questions of alleged disability.

189. If the employment of a reporter for a board of officers (other than a retiring board) should be authorized by the Secretary of War, payment for such service would have to be made from the appropriation for the contingent expenses of the army.— Digest Opinions Judge-Advocate-General, 1901, par. 2173.

WITNESSES.

190. "Civilians in the employ of the Government when traveling upon summons as witnesses before military courts are entitled to transportation in kind from their place of residence to the place where the court is in session and return. If no transportation be furnished, they are entitled to reimbursement of the cost of travel actually performed by the shortest usually traveled route, including transfers to and from railway stations, at rates not exceeding 50 cents for each transfer, and the cost of a double berth in a sleeping car or steamer when an extra charge is made therefor. They are also entitled to reimbursement of the actual cost of meals and rooms at a rate not exceeding $3 per day for each day actually and unavoidably consumed in travel or in attendance upon the court under the order or summons. No allowance will be made to them when attendance upon court does not require them to leave their stations."-A. R., 999, 1908; see R. S., 850.

191. An employee of the District of Columbia is a civilian in Government employ.— 10 Comp., 772., May 17, 1904.

A postmaster is a civilian in Government employ.-J. A. G., Mar. 10, 1910, P. M. G. O., 81529.

192. Deputy United States marshals are paid by salaries from appropriations made by Congress, the fees earned by them being deposited to the credit of the United States.-Atty. Gen. in letter to Colonel Sniffen, July 31, 1906.

NOTE. They are therefore witnesses in Government employ as are also marshals.

193. A civilian not in Government employ, duly summoned to appear as a witness before a military court, or at a place where his deposition is to be taken for use before such court, will receive $1.50 a day for each day of actual attendance for such purpose, and 5 cents a mile from place of residence to place of trial or taking deposition, and return, except as follows:

Porto Rico and Cuba, $1.50 a day, 15 cents a mile for necessary travel by stage or private conveyance and 10 cents by railway or steamship line.

Alaska, east of 141st degree west longitude, $2 a day and 10 cents a mile; west of that degree, $4 a day and 15 cents a mile.

Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, $3 a day, 15 cents a mile for necessary travel by stage or private conveyance, 5 cents by railway or steamship line, and $3 a day for the time necessarily occupied in such travel.-See A. R., 1000, amended by G. O. 128, 1908. Also R. S., 848; sec. 30, Act June 6, 1900, 31 Stat., 332; Act Mar. 2, 1901, 31 Stat., 954; Act June 13, 1902, 32 Stat., 385; Regs. Atty. Gen., July 21, 1902; Act May 27, 1908, 35 Stat., 377.

NOTE. The allowances of civilian witnesses not in Government employ are determined by the place where the military court is convened regardless of the place from which summoned.-P. M. G. O., July 15, 1909, 77076.

194. "There is no law governing payment of witnesses before military courts. Their compensation in the civil courts of the United States is provided for and regulated by law, but in the military courts it is provided for by departmental orders and regulations."-5 Comp., 802, May 12, 1899.

The establishment by the War Department of different rates of compensation for civilian witnesses can not be viewed as retroactive.—Comp., Apr. 22, 1908, P. M.G.O., 64691.

195. A civilian witness not in Government employ, when furnished transportation on a transport or other Government conveyance, is entitled to 57.142 per cent of the mileage authorized for such part of the journey.-Comp., Aug. 20, 1902, Cir. 45, A. G. O., 1902.

54748°-10--3

If furnished transportation on a request issued by the Quartermaster's Department the cost of the transportation will be ascertained and the amount deducted in the settlement of the account for "witness fees." The same to be taken up in Army paymasters' collections for reimbursement of the appropriation of the Quartermaster's Department.

196. A retired officer subpoenaed as a witness before a general court-martial is entitled to the per diem and mileage provided for civilian witnesses not in Government employ.-10 Comp., 51, July 15, 1903. (Case Major Craig.)

But if ordered by the Secretary of War to attend as a witness, a retired officer is entitled to mileage the same as an active officer.-P. M. G., Mar. 27, 1907, 60968.

197. An employee of the civil government, Philippine Islands, paid from insular funds is not an employee of the Government within the meaning of Army Regulations, paragraph 999, when summoned as a witness.—Comp., Aug. 20, 1902, Cir. 45, A. G. O., 1902.

198. "The items of expenditure authorized in paragraphs 999 and 1000 (A. R., 1908) will be set forth in detail and made a part of each voucher for reimbursement. No other items will be allowed.

The certificate of the judge-advocate will be evidence of the fact and period of attendance, and will be made upon the voucher.

When payment is made under the provisions of paragraph 999 (A. R., 1908), the correctness of the items will be attested by the affidavit of the witness, to be made, when practicable, before the judge-advocate.”—A. R., 1003, 1908.

NOTE. The order convening the court must be filed with the voucher on which payment is made.

199. The certificate of the judge-advocate on the voucher, that the witness was actually summoned from a distant place and had traveled from said place in response to the summons, is sufficient authority for the payment of mileage, although the subpoena was served at the place of holding the court.-P. M. G., Sept. 21, 1905, 52796.

200. The certificate of an officer constituting a summary court will be accepted in lieu of that of a judge-advocate as a proper authentication of the account of a witness before such court.-Cir. 163, P. M. G. O., June 27, 1894.

201. Witnesses who are subpoenaed on several distinct cases for the same day are entitled to a per diem for each case.—Digest Comp., 1902, p. 476; 14 Comp., 378, Dec. 20, 1907.

202. "The charges for return journeys of witnesses will be made upon the basis of the actual charges allowed for travel to the court, and the entire account thus completed will be paid upon discharge from attendance without waiting for completion of return travel."—A. R., 1002, 1908.

203. “A witness whose deposition is required to be taken before an officer (either within or without the United States) to be used in evidence before a court-martial, in conformity with law, is entitled to be paid the fees and expenses authorized by the regulations to be paid to witnesses before courts-martial. "-Cir. 9, A. G. O., 1883.

Vouchers covering the fees of civilian witnesses subpoenaed to give deposition must be certified by the judge-advocate of the court and accompanied by copy of the order convening the court.-Par. 7, p. 41, Manual for Courts-Martial, 1908.

204. "In case a civilian witness duly subpoenaed before a general court-martial refuses to appear or qualify as a witness, or to testify or produce documentary evidence, as required by law, he will at once be tendered or paid by the nearest paymaster one day's fee and mileage for the journeys to and from the court, and will thereupon be again called upon to comply with the requirements of law. The fees and mileage of civilian witnesses residing beyond the limits of the State, District, or Territory in which the court-martial is held will not be paid in advance, as such witnesses can not be punished if they refuse to obey the summons. Civilian witnesses will be paid by the Pay Department."—A. R., 1001, 1908, see act Mar. 2, 1901, 31 Stat., 950.

NOTE.-Fees and mileage to civilian witnesses residing beyond the limits of the State in which the court-martial is held may be tendered in advance, on authority from the Secretary of War.-See P. M. G. O., 49566.

205. “A paymaster turning over to an officer who is to serve a subpœna the necessary fees and mileage of the witness should take from the officer a memorandum receipt for the amount turned over, the officer to take the receipt of the witness on the usual witness voucher, which must be returned to the paymaster. It being impossible to state with certainty the number of days a witness would be held before the court, and as a witness could not be in attendance less than one day the law will be complied with if mileage for the journeys to and from the court and one day's fee be paid or tendered. Should the witness be held more than one day the additional fee could be paid daily if demanded, or when finally discharged he could be paid the remainder of his fees."-Cir. 264, P. M. G. O., Sept. 26, 1901, amended by Treasury Circular 52, 1907.

NOTE. The paymaster can draw his official check for the necessary amount "to obtain cash to make payment at a distance from a depositary," and make same payable by indorsement to the officer who is designated to serve the subpoena and hold his memorandum receipt as "cash on hand" until the witness voucher to cover the transaction is received.-P. M. G.

206. The actual necessary expenses incurred in obtaining the attendance of members of the Navy or Marine Corps as witnesses before an army court-martial constitutes a proper charge against the appropriation for expenses of courts-martial.— J. A. G., Jan. 31, 1905, P. M. G. O., 49149.

WITNESSES, CIVIL COURTS.

207. "Officers and enlisted men reporting as witnesses before a civil court should receive from the civil authorities the necessary expenses incurred in travel and attendance; neither mileage nor travel allowances will be paid in such cases by the War Department.”—A. R., 75, 1908.

208. "Allowances for travel of officers or enlisted men summoned to appear and testify before committees of Congress, or before the courts of a State or Territory, are not proper charges against the appropriations for the support of the army. Military persons so summoned must seek reimbursement for their expenses of travel from the committee or court which summoned them."-A. R., 1318, 1908.

209. The actual expenses of officers attending, by authority of the Secretary of War, upon a state court as witnesses for the United States in a case in which the Government is a party, may be paid from the appropriation for contingent expenses of the War Department.-12 Comp., 649, May 7, 1906. (Case Quartermaster's Department.)

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210. "Compensation to civilians in Government employ for attendance upon civil courts is payable by the civil authorities."-A. R., 1004, 1908.