Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-11
NOT AT GOVT.'S EXPENSE
MR.. GARFIELD'S SUMMONS HERE
FROM MENTOR.
Controller Tracewell's DecisioQ
Against His Claim for Expenses
While on Vacation.
Decision

r. J. Tracewell controller of the treasury,
has rendered a decision that James r. Car
field. commissioner of corporations, Is not
entitled to his expenses from Mentor, Ohio,
to this city, when he was called here by the
Secretary of Commerce and Labor. Mr..
Garfield was on vacation at the time and
claimed that he sent for and that the
expense should be borne by the government.
The voucher of Mr.. Garfield was for actual
expenses In travelling from Mentor. Ohio.
his summer home, to Washington and back
to Mentor. Mr.. Garfield's letter to William
l.. Soleau. disbursng clerk of the DEPART
ment, as follows:
AT the time this travel became necessary
/ was, with the knowledge and approval
of the Secretary of Commerce and Labor.
on vacation at my summer home In Men
tor, Ohio. l was recalled to Washington
for consultation upon official matters by
telegraphic Instructions from the Secretary
OF Commerce and Labor. a copy of which
accompanied my account. In response TO
such instructions l came Immediately to
Washington for the sole purpose of the de-
sired conference. and after such conference
returned at once to my home for the re-
mainder of my contemplated vacation"
Mr.. Garfield claimed further that this
travel was undertaken under orders from
his superior, and left no discretion on his
part but to obey, and that this fact dis
tingulSheS II from the travel which occa-
stoned the decision of the controller re-
ferred to by the disbursing officer, in that
the travel was undertaken upon his own
motion.
The Controllers Decision.
The decision of the controller of the
treasury is follows:
Mr.. Garfields official station is at WASH
ington. and it is not denied that he LEFT Ie
and went to Mentor Ohio. for his own con-
venience. He claims, however, 10 have
been on vacation at his summer home at
Mentor, Ohio, with the knowledge ana APP
prevail of the Secretary of Commerce and
Labor. when he was recalled to Washington
by the Secretary of Commerce and Labor
for consultation.
He went to Mentor admittedly for his
own convenience. and was for the time be-
ing residing there for his own convenience
There is no law which recognizes the right
OF the head of bureau to absent himself
from the duties OF his Office on vacation.
ana II he Is allowed to do so by his super
Tor officer, 1t is merely for his convenience,
and his superior officer exercises no right to
decide where he may spend his vacation.
And If the public exigencies require his
presence at his official station while on
such vacation he must return there at his
own expense.
Il see no difference in principle in the
case cited In the Comp Dec, 40 and the
one in hand
In the case OF Fitzpatrick vs.. United
States. 81 CT. CT. 30. in discussing the
question of the right of an officer to travel
ing expenses when recalled from a leave or
absence. the court said: An officer takes
ms leave of absence at his own risk; II is
not granted for the benefit of the govern
ment; If the government wants his services
before his leave expires. 1t must have them
and the officer who takes the risk of that
must bear the loss of his personal travelling
expenses
Il know of no exceptions to this rule even
where the law provides for the granting OF
leaves of absence, and the fact that an
officer leaves his official station for a vaca-
tlon with the knowledge and approval OF
his official superior would certainly give
him no greater right to travelling expenses
IN returning to meet an exigenry requiring
MS presence than that of an officer allow
ed leave by law.
You are not. therefore, authorized to nay
the claim presented