JUNE 5 (legislative day, MAY 28), 1940.-Ordered to be printed

Mr. CAPPER, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 6598]

The Committee on Claims, to whom was referred the bill (H. R. 6598) for the relief of Charles H. Upton, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 1872, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

[H. Rept. No. 1872, 76th Cong. 3d, sess.]

The Committee on Claims, to whom was referred the bill (H. R. 6598) for the relief of Charles H. Upton, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause, and insert in lieu thereof the following: "That the Comptroller General of the United States is authorized and directed to allow credit in the accounts of George Vice, United States marshal, northern district of California, for payments totaling the amount of $223.83 made to Charles H. Upton, of San Francisco, California, which payments were for mileage allowance while the said Charles H. Upton was performing the duties of acting chief probation and parole officer for the northern district of California, for travel authorized by means of a privately owned automobile during the period from May 1936 to February 1937, both inclusive, such claim for mileage having been disallowed by the General Accounting Office because travel was performed in an automobile registered in the name of the wife of the said Charles H. Upton,

S. Repts., 76-3, vol. 3- -36

whereas the act of February 14, 1931, provides for the payment of mileage to an officer or employee of the United States only for travel performed in the traveler's own automobile."

The purpose of the proposed legislation is to authorize and direct the Comptroller General to allow credit in the accounts of George Vice, United States marshal, northern district of California, for payments totaling the amount of $223.83, made to Charles H. Upton, of San Francisco, Calif., for travel authorized by means of a privately owned automobile during the period from May 1936 to February 1937, both inclusive, such claim for mileage having been disallowed by the General Accounting Office because travel was performed in an automobile registered in the name of the wife of the said Charles H. Upton.

STATEMENT OF FACTS

Charles H. Upton was appointed chief probation and parole officer for the northern district of California, on August 1, 1932, and is at present serving in that capacity.

The records of the General Accounting Office show payments on 11 travel expense vouchers, aggregating $223.83, to Mr. Upton for mileage under the act of February 14, 1931 (46 Stat. 1103), as amended, while traveling on official business in a privately owned automobile during the period from May 5, 1936, to February 13, 1937. The payments were made by George Vice, United States marshal, northern district of California, and credit therefor was withheld in the audit by the General Accounting Office of the accounts of Mr. Vice, for the reason that the automobile, at the time of travel, was registered in the name of Mrs. Charles H. Upton, the traveler's wife. The act of February 14, 1931, provided for the payment of mileage to an officer or employee of the United States only for travel performed in the traveler's own automobile.

In the evidence hereafter appended there will be found an affidavit from Mr. Upton in which he points out that he used as his own automobile, a Studebaker sedan, which was registered in the name of his wife, and which was owned jointly by him and his wife. Mr. Upton paid all necessary expenses in connection with the automobile and at all times regarded it as his own within the intendment of the authority to use own automobile, that is, "Probation system authorization No. 3, dated July 1, 1936. Department Order 2615, dated October 1, 1934." It is further explained by Mr. Upton that he used this automobile for the purpose of making investigating trips which cost materially less than had he used common

carriers.

The automobile has since that time been registered in the name of Mr. Upton. Your committee is in receipt of a report from the Attorney General in which he states he has no objection to the enactment of the proposed legislation. There is also on file with your committee a report from the Comptroller General of the United States in which he recommends favorable consideration of the bill, and in this connection invites attention to the annual report of the General Accounting Office for the fiscal year ended June 30, 1938, page 1196, to the Congress, recommending an amendment to the act of February 14, 1931. In justification of the amendment it was said in part:

"Having regard to the primary purpose of the statute to extend to the heads of the various departments and agencies authority to permit in their discretion the use of this mode of travel when economically and in other respects advantageous to the Government-the requirement that the automobile used be owned by the traveler would seem an immaterial requisite toward the protection of the Government's interest where there is to be considered only the savings, monetary or otherwise, accruing to the Government in the use of privately owned automobiles rather than the usual means of transportation by common carrier."

In view of the circumstances as above set forth, your committee recommend passage of the bill, as amended, crediting the accounts of George Vice, and thereby relieving Mr. Upton of the obligation of making reimbursement for the amounts disallowed.

Appended hereto is the report of the Attorney General, the report of the Comptroller General, and other pertinent evidence.

COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, July 8, 1939.

Hon. AMBROSE J. KENNEDY,

Chairman, Committee on Claims, House of Representatives.

MY DEAR MR. CHAIRMAN: Reference is made to your letter of June 8, 1939, acknowledged June 9, requesting a report on H. R. 6598, Seventy-sixth Congress, entitled "A bill for the relief of Charles H. Upton."

The bill provides as follows:

"That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Charles H. Upton, of San Francisco, California, the sum of $223.83. The payment of such sum shall be in full settlement of the claim of the said Charles H. Upton against the United States for mileage allowance while performing the duties of acting chief probation and parole officer for the northern district of California, for travel authorized by means of his privately owned automobile during the period from May 1936 to February 1937, both inclusive. Such claim for mileage was disallowed by the General Accounting Office because travel was performed in an automobile registered in the name of the wife of the said Charles H. Upton.'

The records of this office show payments on 11 travel-expense vouchers, aggregating $223.83, to Charles H. Upton, chief probation officer, San Francisco, Calif., for mileage under the act of February 14, 1931 (46 Stat. 1103), as amended, while traveling on official business in a privately owned automobile during the period from May 5, 1936, to February 13, 1937. The payments were made by George Vice, United States marshal, northern district of California, and credit therefor was withheld in the audit by this office of the accounts of the marshal for the reason that the automobile, at the time of the travel, was registered in the name of Mrs. Charles H. Upton, the traveler's wife, the act of February 14, 1931, providing for the payment of mileage to an officer or employee of the United States only for travel performed in the traveler's own automobile.

There is no record in this office that Mr. Upton refunded the amount of $223.83, or that the United States marshal has otherwise adjusted such difference in his accounts. For that reason there would appear to be no basis for appropriating the amount in question for payment to Mr. Upton as proposed by the bill. Instead, unless your committee has positive proof that Mr. Upton has made refund, it is suggested, if favorable consideration is to be given a bill for relief in this case, that the bill be amended by authorizing this office to allow credit in the accounts of the marshal for the payments in question.

I would recommend favorable consideration of a bill amended as above suggested, and in that connection attention is invited to the annual report of this office for the fiscal year ended June 30, 1938, page 1196, to the Congress recommending an amendment to the act of February 14, 1931. In justification of the amendment it was said in part:

"Having regard to the primary purpose of the statute to extend to the heads of the various departments and agencies authority to permit in their discretion the use of this mode of travel when economically and in other respects advantageous to the Government—the requirement that the automobile used be owned by the traveler would seem an immaterial requisite toward the protection of the Government's interest where there is to be considered only the savings, monetary or otherwise, accruing to the Government in the use of privately owned automobiles rather than the usual means of transportation by common carrier."

Sincerely yours,

Hon. AMBROSE J. KENNEDY,
Chairman, Committee on Claims,

FRED H. BROWN, Comptroller General of the United States.

OFFICE OF THE ATTORNEY GENERAL,
Washington, D. C., June 22, 1939.

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: I have your letter of June 8, requesting my views concerning the merits of the bill (H. R. 6598) to provide for the payment of the sum of $223.83 to Charles H. Upton of San Francisco, Calif., for amounts claimed to have been expended by him in his official capacity as chief probation and parole officer for the northern district of California, which have been disallowed by the Comptroller General.

Charles H. Upton was appointed chief probation and parole officer for the northern district of California on August 1, 1932, and is at present serving in that capacity. The Comptroller General disallowed items totaling the sum of $223.83 in the acounts submitted by Mr. Upton for the period between June 1, 1936, and May 31, 1937. These items covered mileage for the use of his personally owned automobile on official business, but were disallowed on the ground that the automobile used by him for such travel was not in fact personally owned as required by the provisions of the act of February 14, 1931 (46 Stat. 1103).

It appears that the automobile in question was registered in his wife's name. The records show that while the above items have been disallowed by the Comptroller General, no refund has yet been made by Mr. Upton. Accordingly, the bill, which proposes to reimburse him for these accounts, should be amended to provide that the Comptroller General shall allow credit in the accounts of Charles H. Upton covering the items in question.

If the bill is amended as suggested, I find no objection to its enactment.
With kind regards.

Sincerely yours,

FRANK MURPHY, Attorney General.

UNITED STATES OF AMERICA

Northern District of California, ss:

Charles H. Upton, being duly sworn, deposes and says: That he now is and at all the times herein mentioned was the duly appointed, qualified, and acting chief probation and parole officer for the northern district of California; that in such capacity and while performing such duties, he expended the sum of $223.83 as evidenced by voucher 3917, May 1936, $18; voucher 4100, May 1936, $12.80; voucher 4248, June 1936, $16.60; voucher 4520, June 1936, $34.03; voucher 492, July 1936, $41.25; voucher 972, August 1936, $12.05; voucher 1225, October 1936, $19.55; voucher 1644, November 1936, $20.20; voucher 2041, December 1936, $21; voucher 2418, January 1937, $8.50; voucher 2470, February 1937, $19.85; and that said money as evidenced by said vouchers was expended under "authority to use own automobile, probation system authorization No. 3, dated July 1, 1936. Department Order 2615, dated October 1, 1934;" and that said affiant used as his own automobile a Studebaker sedan, which Studebaker sedan was then and there registered in the name of affiant's wife, Mrs. Charles H. Upton, and which said Studebaker sedan was owned jointly by said affiant and his wife, Mrs. Charles H. Upton; that said affiant at all times herein mentioned paid from his own moneys all necessary expenses in connection with said Studebaker sedan, and at all times regarded said Studebaker sedan as his own within the intendment of the authority to use own automobile heretofore mentioned.

Affiant further states that the use of said Studebaker sedan was for the purpose of making investigating trips which cost materially less than had affiant used common carriers, and that further use of said Studebaker sedan materially lessened the amount of time necessary to make said investigating trips from the time that would have been required had affiant used common carriers, and that affiant further believes that such expenses as evidenced by the vouchers heretofore mentioned are entirely proper and just, and that affiant should be reimbursed accordingly.

CHARLES H. UPTON.

Subscribed to and sworn to before me this 3d day of April 1939.
[SEAL]
ERNEST W. WILLIAMS.

United States Commissioner, Northern District of California at San Francisco.

DECEMBER 3, 1937.

Mr. RICHARD A. CHAPPELL,

Supervisor, Probation System,

Bureau of Prisons, Washington, D. C.

DEAR MR. CHAPPELL: The circular of November 20, 1937, regarding automobile expenses hits me hard. I am in difficulty over expenses amounting to $223.83.

Had I used "common carriers" in making investigating trips the costs would have been greatly in excess of amounts expended, saying nothing of the "time