The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-12-15


tual expense instead of mileage, must be
limited to the actual disbursements, 80
that where team costs 81, So or Sc, as the
case may be, all charge in excess of such
amounts were fraudulent and would be
disallowed.
Notwithstanding this, it seems that in a
large number of cases, where actual ex-
pense was charged, it was at
THE UNIFORM RATE
of IS per day for the team, when in truth it
cost much less than that sum. For in
stance: Deputy Marshal Armstrong was
working for go per cent of his earnings; he
served subpoena in the case OF the PEG
| pie VS.. Taylor in the Second district in No
vember. 1887, at an expense Of S67, $40 of
which was charged as actual expense for
team. The deputy owned his own team.
Mr.. Dyer had 40 per cent. of this $40; that
is to say, the deputy received S24, which
represented the actual expense, while Mr..
Dyer had the balance S16.
There are many other cases of this char
acter which might be made exhibits herein,
butthe foregoing will serve to point out
very common method of doing business in
the marshall Office.
The present marshal also insists that this
is proper way to charge actual expense;
because there are many times when they
fail to make service of criminal process and
in all such they lose money, therefore, s.
per day is a proper charge for team, no
matter what the actual cost may be, and
marshal is justified in taking 40 per cent.
commission from his deputy, on actual ex-
pense charged, as it cannot make any
difference to the government whether the
deputy or the marshal gets the money, or
what the actual cost of the team was, so
long as the department will allow IS.
From our investigations of these matters,
wedo not believe that the department of JUS
tice or the accounting officer of the treasury
department intend that the marshal shall
profit by an actual expense account charged
by his deputy. This is evidenced by the
fact that the department required the depu-
ties to make oath that the items charged for
were actually paid and necessarily incur
red.
In closing this part Of our report we sub
NIT the following letters, as bearing upon
the subject.
WASHINGTON LETTERS.
SALT LAKE CITY, Utah, Feb. 81, 1889.
Major Frank Strong, general agent de-
partment of justice, Washington, d. G.
My DEAR SIR AND FRIEND-In connec-
ton with my management of the peniten
tiary there is just one thing intended to
have mentioned to you when l saw you
last; but it slipped my memory, which is
this: OF course you are aware that my
team runs back and forth between Salt Lake
and the penitentiary every day hauling
prisoners and supplies, ETC., to and from
the penitentiary. The matter which l de-
sire to speak about is this, Messrs. Reming-
ton & Johnson from whom l purchase all
my supplies for the pen except dry goods,
pay me S25 month for hauling their sup
plies to the pen; if 1 did not haul them
they would have to deliver there, but they
prefer to pay this amount to have them
delivered. Is there any objection to this2
As you see by the vouchers sent in 1
have not charged anything since last July
for potatoes furnished the pen. have my
team do all the blowing out there and all
the work around the place, but have the
government feed them and will not charge
anything for potatoes hereafter, except
what may have to buy. L raised poor
lot of potatoes last fall, or rather there
were more prisoners last fall than we
raised potatoes to feed and we are now
buying; but hope this year to be able to
raise enough to do the place.
/ am managing the place just the best l
know how, as economical as possible, as i'll
were doing it for myself, and the cost of
keeping the prisoners has been kept down
to very reasonable figures. Last month it
vas less than 40 cents 70 the man per day.
The expenses of that Institution are
higher now than they will be when we are
in our new quarters, as we are employing
at least two or three more guards now than
will be necessary when in the new quar-
tiers.
l intend to ask for an additional appro-
priation to build Warden's residence out
there and an additional cell building, wall
around the prison, to get water right and
many other things which are necessary. ]
am getting up report for this purpose of
which will forward a copy to you and one
to Delegate Game, who has written me on
the subject, and he seems to think an ap-
preparation can be had.
feel quite pride in the penitentiary,
and would indeed be glad to make it a
creditable institution while I am marshal
Any suggestions you can make will be
kindly received.
Yours respectfully,
FRANK H. DYER,
United States Marshal.
DEPARTMENT OF JUSTICE,
WASHINGTON, Aug. II, 1887.
F. H. Dyer, United States Marshal, Salt Lake
city, Utah.
SR-Your letter of the 4th instant is re-
ceived. Relating to the rule of the first comp
troller by which you are allowed but Sc
per day for hire of teams, etc., 1
have taken some pains to find out
what you desired to know and am
informed that there is little or no probable
ity that the comptroller will reconsider his
decision, which applies, l believe, to other
territories as well as to Utah. If you could
bring before US, however, an account
which shows by its face, or by such evil
dence as may accompany it, that the
amount allowed is actually --ss than the
real cost, or, in other words, that the Sc
per diem allowed by the accounting officers
fails to pay the actual expense involved,
-
cold facts to argue on.
The point seems to be that the per diem
allowed is deemed sufficient in all ordinary
cases to cover the actual expense, and is
claimed to be as large or larger than is al
lowed in other territories. Yours truly,
(Signed) FRANK STRONG, general agent.
WASHINGTON, D. c., July 5, 1889.
Frank H. Dyer, United States Marshal,
Salt Lake City, Utah.
Shiny attention has just been called to
an item in Your account for executing a
subpoena at Silver Reef by one of your
deputies named James McGarry. You
charge S32 for travelling 100 miles, (SS day
| for your team 50 for subsistence for team
and 81 aday for yourself, making $50 for
executing one subpoena, which could have
been executed for the government by send
ing the subpoena by mail to Silver Reef to
constable at an expense of less than
dollar
l submit, therefore, that this expense of
S52 is extraordinary and unnecessary; and
l cannot allow it. My distinct recollection
is that when your accounts were under
consideration it was concluded to make an
allowance of $40 per day, to include pay and
subsistence both for yourself and team;
but you have charged Sl3. If you are labor
ing under the impression that S13 was the
per diem agreed upon, this letter will re-
move it. In agreeing to the allowance of
$40 per day for your necessary expenses it
was, oficourse, contemplated that service
nthnr than mere serving of a Snhnnna was