Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-08-01
FEES OF FIELD DEPUTIES.
A Decision OF the Comptroller of the
Treasury that Cripples the u. =.
Marshal's Office in New
Mexico.

The comptroller OF the treasury has re-
Gently rendered decision in regard tc
the fees of field deputies of the United
States marshal, which will interest all ir
that service, and also the various SHERIFF.
and other peace officers of this territory
who are sometimes called upon to render
service for the United States marshal.
BY act of congress of August 7, 1882
the marshal of the territory was author
ized to charge double fees aud mileage
owing to the great expense of travel and
of subsistence here, but the decision now
rendered holds that the act of May 28
1896, repeals the act of 1882, and that on
and after July l, 1896, only single fees can
be charged.
That will allow the following fees:
Mileage, going only, to serve process, &c;
service of warran. or summons, $500;
service of subpoena, soc; mileage, return
ing with prisoners, i0c; committing and
discharging, each, soc; attending before
United States commissioners, per day,
$500, of which fees only three-fourths is
allowed to a deputy.
As the railroad fare in this territory is
from 4 to 6 cents per mile, which of
course must be paid by the deputy both
ways, going and coming, while a mileage
of 6 cents only one way is allowed, this
decision will make service almost an i'm
possibility. Overland trips are much
worse, as stage fare varies from 10 to 20
cents per mile, and the employment Of
private conveyance is usually even more
expensive.
There is provision, of course, which
permits deputy to render an actual
sworn expense account, instead of charg-
ing mileage, but that simply permits the
deputy to advance for the use of the gov
ernment the necessary money for him to
travel on and give his time for nothing
and get small fee for the day in which
the service was made. His expense ac-
count must be rendered every three
months and he must carry the govern
ment in the meantime and finally run the
risk of losing much of the actual ex-
penses by disallowance in the treasury
department.
This provision for the rendering of
actual expense accounts will not, how
ever, reimburse deputy for his outlay,
for the regulation reads as follows:
"For any travel for which field deputy
is entitled to charge mileage, actual ex-
penses, in lieu of such mileage, may he
charged if he SO elects"
Now take the following case: A deputy
is given subpoena from the U. s. court
at Santa Fe to serve at Tres Pledras; he
can 60 and return in two days. He may
charge as follows:
Ninety miles at cents ts....................$5 5 40
Service of writ. ..... ..................... so
Iotdl.. ,.........'. ........p D "
Of this total the law allows him three
fourths, or $4.42H.
Now his expense ia as follows, suppos-
ing he walks to and from the depot, and
is as economical as possible:
Railroad fare each way $5.40...... ...... $40 so
Dinner at Embudo, each way 80 cents. 1 90
Supper, lodging and breakfast at Tres
Total actual and unavoidable ex-
Pense .... ............ .............. .@lo oo
So it is apparent that deputy can
not make the service and charge the legal
mileage.
Now, suppose he elects to charge actual
expenses. The provision, which allows
him to charge actual expenses in lieu of
"any travel for which field deputy is
allowed to charge mileage" will of course
only permit him to render such account
for expenses going to serve, as going is
the only travel for which he is allowed to
charge in the service of subpoena.
After service he gets no mileage and so
of course can not charge actual expenses
in lieu of mileage which does not exist.
That, in this case, would leave the
deputy stranded at Tres Piedras, having
the assurance that his fare up there would
some time be allowed back to him, and
the "a of so cents, for the service of the
writ would be paid him, at the end of the
quarter, to recompense him for his valua-
bic services. He could then either remain
in the beautiful little city of Tres Piedras
or he could walk back to the metro polls.
If, however, the party for whom he
holds the subpoena chances to be away
and cannot be found then there is no pro-
vision for either mileage or fees, nor for
actual expenses, and the deputy is entire
ly in the consomme.
In the service of warrants the matter
is little if any better, as deputy may
endanger life, spend his money for trans
portation and board in pursuit of a
criminal, and, if he fails to catch him,
can get back only $500 per day for the
time necessarily spent, whether he paid
$40 per day for team and board, or what
ever amount he may have been forced to
pay in serving the government.
If he should be successful, however, a
close economy might resolt in his getting
fair wages for this service, at the end of
the quarter. Accounts for expenses must
be supported by vouchers for nearly
every item, as the government does not
presume that deputy eats and pays for
what he eats, when engaged in his labors,
unless he produces document to prove
it. That is, the slip of paper bearing the
name of some individual who keeps q
restaurant somewhere is considered by
the department better evidence than the
sworn statement of United States off,
Ger. And, If such officer s unable to pro.
cure such vouchers, as is often the case,
lie pays his own expenses.
Under this decision it is very doubtful
IL anyone can be found who will accept
the position of deputy in the various
counties of New Mexico, and that will
throw the service OF all processes upon the
marshal himself and his chief deputy,
who are now on salaries, and they can
serve papers and advance their own ex.
pense money to do so, and receive for