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1041. The quarters of the fiscal year end September 30, December 31, March 31, and June 30.

1042. The accounts of district attorneys should be made out on Forms 137 and 139. Forms 138 and 140 have been provided for the accounts of assistant district attorneys.

1043. Such accounts, when properly made out and verified, must be presented to the circuit or district court for approval, as required by the act approved February 22, 1875. Forms 139 and 140 have been provided for the verification and approval of the accounts of district attorneys and assistant district attorneys, respectively.

1044. No item is to be charged as an expense until the amount thereof has been actually paid.

1045. After approval by the court, the original accounts, together with the original vouchers, will be forwarded to this Department, and the duplicates, together with the duplicate vouchers, will be filed in court.

1046. Seals to copies of orders approving accounts are required, but seals of clerks to affidavits and to copies of orders relative to subvouchers are not required and charges therefor are not allowed.

1047. Explanations to suspensions made in an account by the Auditor for the State and other Departments should not be sent to the Department of Justice, but should be sent directly to the Auditor.

1048. Responses to all calls from the Department of Justice for information relative to accounts should be made in duplicate. Such responses should always be promptly forwarded, in order that the Department may comply with the requirements of the act of July 31, 1894. 1049. Where expenses are charged the accounts must show the object of each trip.

1050. Receipts for board and lodging must be furnished, showing dates for which charge is made, and the first and last meal or lodging. 1051. Wherever lodging is had a receipt must be taken. 1052. Receipts for team hire and stage fare are required.

1053. Charges for transportation fare must show the points from and to which travel was made, and the account must be so itemized that its correctness may be readily verified by the Department. If the district attorney or his assistant shall remain at a place upon private business, the resulting expenses must be borne by himself.

1054. Receipts for railroad fare, sleeping-car fare, or for single meals, are not required. If more than one meal is taken at the same place, however, a receipt should be furnished, unless the meals were taken at a restaurant where it was impracticable to obtain a receipt, in which case explanation of the matter should be made in the account.

1055. Necessary porterage, not exceeding 25 cents a day, while traveling by railroad will be allowed, but no allowance will be made for tips to waiters.

1056. Whenever it becomes necessary for the district attorney or his assistant to travel outside of his district, permission must be obtained from the Attorney-General, and the account covering the expenses of such trip must refer to the date of letter granting such permission. In his communication to the Department the district attorney will state the necessity for the trip.

1057. When a district attorney appears in the circuit court of appeals, at a place other than his official residence, to argue a case on behalf of the Government, his expenses should be included in his regular quarterly account.

1058. When travel is begun from any other place than official headquarters (the attorney not being at such place on official business) expenses can not be charged in excess of what it would have cost if travel had been made directly from the official headquarters.

1059. The maximum charge for lodging and subsistence, while traveling on official business, can not exceed $4 for any day during the trip, and when such expenses amount to less than $4 on one day, and more than $4 on the succeeding day, the expenses can not be averaged so as to charge $8 for the two days. (See 4 Comp. Dec., 418.)

1060. Ordinarily the cost of lodging incurred by an employee while traveling will be regarded as pertaining to the day in which the night for which the lodging was procured began. (7 Comp. Dec., 338.)

1061. Under section 8 of the act of May 28, 1896, authorizing payment to a district attorney of his "necessary expenses for lodging and subsistence actually paid, not exceeding $4 per day, and actual and necessary traveling expenses," the expense of a berth in a sleeping car will be allowed as a traveling expense and not as expense for lodging. (3 Comp. Dec., 386.)

1062. A district attorney or assistant district attorney is not entitled to reimbursement for the necessary expense incurred in verifying his account. (See 3 Comp. Dec., 646 and 4 Comp. Dec., 494.)

CLERK'S EXPENSES.

1063. When authorized by the Attorney-General, the expenses of travel and subsistence of a clerk to a district attorney while attending with the attorney a term of court held at a place other than that of the official residence of the attorney are properly payable as a part of the necessary expenses of the district attorney's office. (3 Comp. Dec., 253.)

1064. When it is found necessary, and to the best interest of the Government, that the district attorney's clerk should accompany him to any term of court away from official headquarters, application for authority to incur this expense must be made in advance, with a statement of the facts giving rise to the necessity therefor, in each case. An itemized statement of the expenses of the clerk, accompanied by receipts, should be included in the quarterly expense account of the district attorney. The charge for subsistence of the clerk must not exceed $2 per day.

1065. Permission granted to a district attorney to take his clerk with him to one term of court must not be construed as authorizing the district attorney to incur a similar expense for his attendance upon a different term of court; but authority in advance must be obtained in each individual case. The appropriation for salaries and expenses will warrant the Attorney-General in granting the request of a district attorney to take his clerk with him to a term of court only in exceptional instances.

OFFICE EXPENSES.

1066. Section 14 of the act approved May 28, 1896, provides:

That the necessary office expenses of the district attorneys and marshals shall be allowed when authorized by the Attorney-General.

1067. District attorneys must therefore obtain authority from the Attorney-General before incurring any office expense. Each application for authority to incur such expense must state the nature of the expense and the facts giving rise to the necessity therefor. If the total amount involved be in excess of $10 the application must be accompanied by competitive bids.

1068. When credit is claimed in the account of a district attorney for an expense which has been authorized by the Attorney-General, reference should be made to the date of the letter of authorization.

TELEGRAMS AND LONG-DISTANCE TELEPHONE MESSAGES.

1069. The instructions contained in paragraphs 705 to 723 apply also to district attorneys. Use Form 177 for telegrams. This form should be completely filled out and receipted. An exact copy of each telegram should be furnished. Form 178 should be used in rendering accounts for long-distance or out-of-town telephone messages, for which the company makes a charge in addition to the regular rental.

ASSISTANT DISTRICT ATTORNEYS.

APPOINTMENT.

1070. Section 8 of the act of May 28, 1896, enacts:

That whenever, in the opinion of the district judge of any district, or the chief justice of any Territory and the district attorney, evidenced by writing, the public interest requires it, one or more assistant district attorneys may be appointed by the Attorney-General; but such opinion shall state to the Attorney-General the facts as distinguished from conclusions, showing the necessity therefor. Such assistant district attorneys shall be paid such salary as the Attorney-General may from time to time determine as to each, which shall in no case exceed two thousand five hundred dollars per annum.

1071. Applications for the appointment of assistant district attorneys must state "the facts as distinguished from conclusions" which necessitate the employment. The following information also must be given: (1) Name and age of proposed appointee.

(2) Qualifications for the position.

(3) Proposed rate of compensation.

OATH OF OFFICE.

1072. Before entering upon the duties of his office, an assistant district attorney must take the oath of office prescribed by section 1757, Revised Statutes, and a copy thereof should be forwarded to the Department of Justice.

DUTIES AND ACCOUNTS.

1073. In the performance of their official duties and the rendition of their accounts assistant attorneys will be guided by the instructions herein to United States district attorneys.

1074. The accounts of assistant district attorneys, however, must include only necessary expenses for lodging and subsistence, and actual traveling expenses. Telegrams and telephone messages sent by an assistant are office expenses and must be paid for by the district attorney and included in his accounts. Office expenses must not be included in an assistant's account. Expenses of a district attorney's

clerk come under the head of office expenses.

1075. An assistant to a United States district attorney is required to assist the attorney in performing the duties of his office, and one person can not claim the compensation of both offices. (1 Comp. Dec., 184.)

SPECIAL ASSISTANT UNITED STATES ATTORNEYS.

APPOINTMENT.

1076. Special assistants to the district attorneys, and special assistants to the Attorney-General, are appointed by the Attorney-General, when necessary, under section 366, Revised Statutes.

OATH.

1077. Every person appointed special assistant United States attorney or special assistant to the Attorney-General, should, before entering on the duties of his office, take the oath of office prescribed by section 1757, Revised Statutes United States, and forward same at once to the Department of Justice.

ACCOUNTS.

1078. Accounts should be rendered over the signature of the claimant, whether the amount of compensation claimed is stipulated in the

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appointment or is to be determined by the Attorney-General. Form 598 should be used.

1079. Accounts must set forth in .chronological order the services rendered and the charges made therefor (dates being given on left-hand margin).

1080. If, on the 30th day of June next after the attorney's appointment, the services to be rendered by him are not completed, an account must be rendered for all services to and including that date.

1081. An account should be rendered at the close of each fiscal year for the full amount of compensation claimed for all services rendered during that year.

and no

1082. Each fiscal year ends June 30, one account should include services rendered in two or more fiscal years.

1083. Immediately upon the completion of the services for which the attorney was employed, his final account should be forwarded to the Department.

1084. If, under the terms of the employment, actual expenses are allowed, an account thereof should be rendered in accordance with the following directions, which account should be annexed to and made a part of the account for services:

1085. Expense accounts should be fully itemized, the items being entered according to the dates thereof, and the dates given on. the left-hand margin.

1086. Such accounts must be verified by the affidavit of the claimant, and vouchers furnished wherever possible, or explanation made if it is impracticable to furnish vouchers for any items.

1087. Vouchers are not required for railroad fare, or for single meals, but the points between which travel is made must be stated, and the place at which the meal is taken.

1088. Receipts for board and lodging must be furnished showing dates for which charge is made and the first and last meal or lodging. 1089. If telegrams are sent or received, on official business, they must be paid for at Government rates, a receipt for the charges furnished, and a copy of the telegram attached to the account.

1090. Do not pay witnesses, as their fees are payable by the marshal. 1091. The employment of stenographers to take testimony, experts, and interpreters, the printing of records and briefs, the cost of furnishing or collecting evidence, and other expenses payable from the appropriation "Miscellaneous expenses, United States courts," must not be incurred without express authority from the Department. Such expenses, when authorized, will be paid by the marshal under instructions from the Department.

1092. Section 8 of the act of May 28, 1896, makes exclusive provision for the appointment and compensation of assistants to aid district attorneys in the performance of the ordinary and usual duties of the office, and a special assistant can be employed only to assist in the conduct of special cases. (4 Comp. Dec., 490.)

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