JUNE 27, 1923, 2 COMP. GEN. 823
Highlights
TRAVELING EXPENSES - RETIRED DISTRICT JUDGES A RETIRED UNITED STATES DISTRICT JUDGE WHEN TRAVELING UNDER COMPETENT ORDERS FROM THE PLACE SELECTED AS HIS RESIDENCE AFTER RETIREMENT TO HIS FORMER DISTRICT FOR THE PERFORMANCE OF JUDICIAL DUTIES AND RETURN IS ENTITLED TO HIS EXPENSES OF TRAVEL AND MAINTENANCE TO BE PAID IN THE SAME MANNER AND FROM THE SAME APPROPRIATION AS ARE THE EXPENSES OF CIRCUIT COURT JUDGES TRAVELING FROM ONE CIRCUIT TO ANOTHER. WILL RETIRE FROM ACTIVE SERVICE. IN WHICH CASES DEFINITE CONCLUSIONS HAVE NOT BEEN REACHED WHEN THE JUDGE WILL BE RETIRED. THE QUESTION IS UNDER WHAT APPROPRIATION THE EXPENSES OF THE RETIRED JUDGE WOULD BE PAID IN GOING TO AND RETURNING FROM HIS FORMER DISTRICT UNDER THE ASSIGNMENT STATED.
JUNE 27, 1923, 2 COMP. GEN. 823
TRAVELING EXPENSES - RETIRED DISTRICT JUDGES A RETIRED UNITED STATES DISTRICT JUDGE WHEN TRAVELING UNDER COMPETENT ORDERS FROM THE PLACE SELECTED AS HIS RESIDENCE AFTER RETIREMENT TO HIS FORMER DISTRICT FOR THE PERFORMANCE OF JUDICIAL DUTIES AND RETURN IS ENTITLED TO HIS EXPENSES OF TRAVEL AND MAINTENANCE TO BE PAID IN THE SAME MANNER AND FROM THE SAME APPROPRIATION AS ARE THE EXPENSES OF CIRCUIT COURT JUDGES TRAVELING FROM ONE CIRCUIT TO ANOTHER.
COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JUNE 27, 1923:
THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 18, 1923. IT APPEARS FROM YOUR SUBMISSION THAT ON JUNE 30, 1923, THE HON. PAGE MORRIS, UNITED STATES DISTRICT JUDGE, ST. PAUL, MINN., WILL RETIRE FROM ACTIVE SERVICE; THAT UPON HIS RETIREMENT HE PROPOSES TO RESIDE AT PASADENA, CALIF., AND THAT A FORMAL ASSIGNMENT HAS BEEN MADE BY ORDER OF THE SENIOR CIRCUIT JUDGE, UNDER THE PROVISIONS OF SECTION 6 OF THE ACT APPROVED FEBRUARY 25, 1919, 40 STAT., 1157, FOR HIS RETURN TO HIS FORMER DISTRICT--- MINNESOTA--- FOR A CONFERENCE WITH THE OTHER JUDGES WITH WHOM HE SAT IN A NUMBER OF CASES IN THAT COURT, IN WHICH CASES DEFINITE CONCLUSIONS HAVE NOT BEEN REACHED WHEN THE JUDGE WILL BE RETIRED. THE QUESTION IS UNDER WHAT APPROPRIATION THE EXPENSES OF THE RETIRED JUDGE WOULD BE PAID IN GOING TO AND RETURNING FROM HIS FORMER DISTRICT UNDER THE ASSIGNMENT STATED.
A RETIRED JUDGE IS SUBJECT TO BE CALLED UPON FOR TEMPORARY DUTY BY THE SENIOR CIRCUIT JUDGE, CHIEF JUSTICE, OR BY THE PRESIDING JUDGE OR SENIOR JUDGE OF ANY OTHER SUCH COURT TO PERFORM SUCH JUDICIAL DUTIES IN SUCH COURT AS HE MAY BE WILLING TO UNDERTAKE.
THE EXPENSES OF A UNITED STATES JUDGE WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM HIS OFFICIAL RESIDENCE ARE PROVIDED FOR IN SECTION 259 OF THE JUDICIAL CODE, 36 STAT. 1161, WHICH SECTION PROVIDES THAT THE OFFICIAL PLACE OF RESIDENCE SHALL BE AT THAT PLACE NEAREST HIS ACTUAL RESIDENCE AT WHICH EITHER A CIRCUIT COURT OF APPEALS OR A DISTRICT COURT IS REGULARLY HELD, BUT IS SILENT AS TO THE PLACE OF RESIDENCE OF A RETIRED JUDGE, WHO IS DEEMED TO BE AT LIBERTY TO SELECT THE PLACE AT WHICH HE DESIRES TO RESIDE DURING THE RESIDUE OF HIS NATURAL LIFE.
PASADENA, CALIF., HAVING BEEN SELECTED BY JUDGE MORRIS AS THE PLACE OF HIS RESIDENCE AFTER HIS RETIREMENT FROM THE BENCH, HE IS ENTITLED, UPON COMPETENT ORDER, A COPY OF WHICH SHOULD BE ATTACHED TO THE VOUCHER, TO HIS EXPENSES OF TRAVEL AND MAINTENANCE IN GOING TO AND RETURNING FROM HIS FORMER DISTRICT, TO BE PAID IN THE SAME MANNER AND FROM THE SAME APPROPRIATION AS ARE THE EXPENSES OF CIRCUIT COURT JUDGES IN TRAVEL FROM ONE CIRCUIT TO ANOTHER.