Evening journal., 1910-05-04

Iotat .......... .st...4... .Nl4ie.3l |
Or. Caleb r. Layton. OF Georgetown. |
Delaware Is the Auditor OF the Treas |
urery "for the State and other depart |
ments." who is credited with having tho |
audacity 10 turn down bin from the
Supreme Court The matter came before
him in the ordinary course OF business
IN settling the account OF Marshall
Wright for disbursements for the quar-
ter ending December o. 1909.
Among other Items In the account was
voucher number 20 for the payment TO
/ the Pennsylvania Railroad Of the items
quoted. Marshal Wright certified that
the amounts had been paid from the ap-
preparation for Miscellaneous Expenses
United States Courts 1909
Auditor Layton cited the provision un-
der which It was contonded these expon-
ditures were authorized as follows;
"For payment OF such miscellaneous ex-
pcnses as may be authorized by the At
tornev General for the United States
Courts and their officers including the
furnishing and collecting Of evidence
where the United States may be a party
I'm interest, and moving Of records, So'b,-
OO0"
Commenting upon the matter. the
auditor says.
"1his voucher seems 20 cover ex-
penses for the transportation. subsist-
ence, etc. Of certain persons who
Travelled from Washington to Albany,
n. y. TO attend the funeral of the late
Associate Judge Peokham, of the SUI
. preme Court and can hndno authority
for paying said expenses from the ap-
preparation for miscellaneous expenses
United states Courts. 19i0,' and ! dc
! eide that they are not payable there
= from"
That settled 1t so far as Auditor Lay
d ton was concerned. Marshal Wrigh
! did rot contemplate with equanimit,
/ the prospect Of having 10 pay Si.4fs.S
. out of his own pocket, and he appealed
to Comptroller Tracewell The comp
{ troller's opinion, which was rendered
! to-day. furnishes the desired relief by
{ holding that Auditor Layton was in
, error.
Mr.. Tracewen cities the fact that the
account OF Marshal Wright bears the
express approval In writing Of Melville
2 w. Fuller. Chief Justice Of the United
states" The account was sworn TO
before the Chief Justice by Marshal
Wright as being correct and true.
and paid "ln good faith"
1T Is also q fact" says the Comp
trorer mot adverted to by the audi
7 tor. but obviously essential and neces-
, sary to a proper determination Of the
q question OF the availability Of the ap-
preparation involved, that this account
r bears the authorization and approval
in writing Of the Attorney General
March %, 1910"
Nevertheless. there have not beer
wanting in Washington those scornfu
e persons who have pointed out that d
= takes less than ~ hours to make the
journey from here 10 Albany, and thai
:, the parlor car and dining car were helt
for four DAYS, during a considerable
part Of which time the members o
the party were lying sumptuously IL
the hotels of the New York state CAPT
tai. II was also pointed out that fo
two runs Of less than u hours each
'r to and from Albany, commissary sup
e plies costing si4S furnished certainly {
Is liberal amount of food. But this q
e mere idle cavil.
'r Nothing appears in the vouchers o
Marshal Wright, as cited by the Treas
ury officials 10 show the number o
persons in the party that travelled q
a Albany and back. The 30 fares charges
A. for evidently are accounted for by TN
Of railroad regulations governing th
l. charter Of private cars.