The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-11-14
Warshals' Mileage,

Special to the Cincinnati Commercial.
WASHINGTON, October 3l.-So much has
been said and published lately upon the SUBJ
ject of the mileage to which United States
Marshals are entitled, and the recent con-
fcting opinions in relation thereto, chat the
following circular to Marshals, just issued
by Hon. A. G. Porter, First Comptroller of
the Treasury, will prove interesting reading,
as well as dispela remaining doubts:
By circular issued from this Office June Z,
1876. Marshals of the United States were in
formed Of an opinion given May 20. 1876, by
the Acting Attorney General, upon the
question whether a Marshall is entitled to
mileage on each writ served by him when
several, issued OH behalf of the Government.
to be served on different persons, are or
might be served at the same time, only one
travel being necessary to make the service
on all of said persons. The opinion was
that there could be but one mileage allowed
uponiseyeral writsin handat the same time,
requiring travel to the same place or in the
same direction.
This view was thereupon made the rule
for adjusting accounts for travel. 1t was
based upon the last clause of the seventh
section of the act of Congress approved Feb
ruary %, IS Stats, 1874, which declares that
mo such officer Il. e., Marshals, Attorneys,
and Clerks of Courts shall become entitled
to any allowance for mileage or travel not
actually and necessarily perform I'd under
the provisions of the existing law''
The question has recently b. Ell reconsid-
cred, and the Attorney General has conclud-
ed that the intention of Congress was mere
ly to prohibit allowances for constructive
travel, by the provision just quoted. In hi-
opinion, which is dated October 10, 1873, he
says: sThat provision was intended TO ap-
ply to cases in which no actual travel is per-
formed in serving process, as, for instance.
where the writ is sent through the mail 10 be
served by deputy at or near the place of
service.' ssThe result at which
arrive is, that that provision produces no
modification of the provisions OF section S29,
in SO ia as they fix the rate, determine the
mode OF computation, and limit the compen-
saton of the Marshal for the service of pro-
cess. 1t leaves him entitled to the same
compensation for travel for the service OF
any and every writ to which he would be en-
titled under the later provision, in the alb
sence of the former provision, provided that
travel has been actually and necessarily per
formed by him in serving the writ
In the settlement Of all unadiusted ac-
counts rendered by Marshals, the action of
this Office will be in accordance with this lat
ter opinion.
Attention is directed to the following in
structions in the circular above mentioned,
and strict observance of them is requested:
Travel should be made by the most direct
routes, Or such as are usually taken by bust
ness men going on their own affairs at their
own expense. In vouchers containing charges |
OF mileage, the following particulars are re-
CURED The date of each writ; the date of
service; the place of service. When The |
place of service is not a city, the name |
of the nearest post.office. as well as the
county. should be given !; and if not in the |
immediate vicinity of said Office, the dis
tance and direction therefrom should be
stated.