Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-17
NEEO NOT Walk BACK
Buffers Fare Can Legally Be
Paid by President.
CONTROLLER TO O. K. BILL
White House Domestic Attache
Wants Vacation at Oyster Bay.
HE'S COMING HOME ALL ALONE
The Appropriation for Repairs,
Fuel, Etc, Executive Man
sion, 1909"

can the railroad fare or the second Dut-
ler of the White House be paid from Oys-
ter Bay to Washington out of the annual
appropriation of $50, 600 for repairs to the
White House?
Controller Tracewell of the Treasury, in
a grave decision rendered to Col. Charles
S. Bromwell. engineer officer in charge of
public buildings and grounds. says it can.
if the President gives his approval. If
not. it is not legal to pay the fare out Of
these funds.
In other words. the President controls
appropriations for the White House. no
matter how much Congress may limit
them to certain purposes. And the sec
ond butler will get all that is coming to
him.
Col. Bromwell's Request.
This is the way Col. Bromwell put it up
to the controller. particularly asking that
the case be made special"
Among the servants of the White
House who went to Oyster Bay with the
Presidents family this summer was the
second butler, who receives compensa-
ton of $50 per month"; paid from the ap-
preparation for repairs, fuel. etc, Exec
utive Mansion, 1902 These servants trav-
eled in the Presidents special train. and
as that was paid for a whole from the
appropriation for travelling expenses Of
the President, no charge for individual
mileage was made.
This second butler wishes to take his
annual leave of absence, but cannot do
so until the President returns to Wash
ington-about September 20. AS he de-
sires to spend the leave period lin Oyster
Bay, he will not be able to come back on
the Presidents special train. Hence.
when he returns to duty here at the ex-
piration of his leave, his transportation
must be provided for in some other way.
AS the President has approved of his
application for leave and also of the pro-
posal to spend 1t in Oyster Bay, it is
thought he should not be compelled to
personally pay for his transportation from
Oyster Bay to Washington upon the ex-
pration of his leave. And l have there
fore, the honor to recommend that the
controller of the treasury be asked for
an opinion whether 1t can be paid by me
from the appropriation for the care and
repair of the Executive Mansion, men
toned above.
1T is respectfully requested that this
case be made Special
The Controllers Answer.
And here's the decision rendered by the
controller after serious consideration:
THE act of May 81, 1908 .(35 Stat
1850. provides:
Executive Mansion-For ordipary
| care, repair and refurnshing of EXecu-
tive Mansion and for purchase, mainte-
nance and driving of horses and vehicles
for official purposes, to be expended by
contract or otherwise, as the President
may determine, thirty-five thousand dol
lars. -
For travelling expenses Of the Pres
ident Of the United States, to be expended
in his discretion and accounted for on his
40 r. SnlaIy fhOIc2n
dollars
You are advised that the appropria-
tiOn for repairs, fuel, etc, Executive Man
sion, 1909 would not be applicable TO
pay the travelling expenses of an employe
returning to Washington from a leave OF
absence granted at Oyster Bay, unless
it can be said that such expenses were
rendered necessary by the Presidents re-
turn to Washington during the contnu-
| ance of said leave of absence, thereby
ploye, and that it was intended to ap-
prove them as a necessary incident to the
| change of the place of duty.
1T is admitted that if he had remained
on duty his travelling expenses would
have been ordered paid by the President
out of the proper appropriation, and also
that his travelling expenses have been
paid to Oyster Bay. 1t also appears that
the President approved his application
for leave of absence and also of the pro-
pOSdI 10 SpeIlu IL III oSSter bay
Presidents Wishes Prevail.
1.-THE only reasona BILE Interpretation that
can be put upon the approval of the pro-
posal to spend the leave in Oyster Bay
is that it was intended to affect the right
of the employe to travelling expenses at
it's expiration. Where the employe should
spend his leave is a matter of his own
convenience and would not be of the
slightest Importance to the President. But
when he approved the proposal to spend
it at the place where the employe was
on duty, with the knowledge that the
place of duty of such employe would be
changed before the leave granted expired
it must be presumed that the President
intended to thereby approve the travel
necessary to enable such employe to re-
sumo his duties at the new place when
his leave expired.
II am of the opinion, therefore, that the
manner in which the leave was approved
should be considered as the equivalent Of
an authority from the President to per-
form the travel in question at the eXpira
ton of public business.
The appropriation repairs, fuel. etc,
Executive Mansion would therefore be
applicable to pay said expenses"
FUGITIVE BANKER BACK.