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COMPUTING COMPENSATION FOR A FRACTIONAL PART OF A MONTH.
Where an employee is absent from duty without pay during an entire month, one-twelfth of his annual salary should be deducted for such absence, and where he is absent for a fractional part of a month, onethirtieth of a monthly installment of his salary should be deducted for each day he is absent.
(Comptroller Tracewell to the Postmaster-General, June 28, 1905.)
I have received your letter of the 26th instant, as follows:
"Mr. Tobias C. Cox, a railway postal clerk in the Pittsburg and St. Louis R. P. O., with salary of $800 per annum, was given leave of absence without pay covering the period from April 12 to June 10, 1905, both inclusive (60 days).
"The postmaster at Indianapolis, Ind., is uncertain as to the amount to be deducted from the pay of Clerk Cox-that is, whether more than the full month's pay for May can be deducted on account of the absence of Cox for the thirty-one days of that month, having in mind your decision of December 8, 1904, the syllabus of which reads as follows:
"Where an officer or employee who receives annual or monthly compensation is absent with leave without pay, one day's pay should be deducted from his compensation for the month for each day he is so absent.'
"As this Office understands it, your decision has reference to cases where employees are absent for portions of a month only, and that, as the law divides the annual compensation of Government employees into twelve equal installments, one of which shall be the pay for each calendar month, regardless of the length of the month, it would be improper to deduct more than one such installment from the salary of Clerk Cox on account of his absence during the month of May.
"I would be glad to have your decision on this question."
In making payments under the act of April 28, 1904 (33 Stat., 513), each month should be considered by itself. Payment for service in said month is to be made for the month under consideration, either for the entire month or a part thereof, as the case may be, without regard to the number of days in the month or of the relation of the service to any other month. So, in making deduction for absence without pay or for pay forfeited, each month should be considered by itself.
If an employee is absent the entire month, an entire month's pay or one monthly installment of his annual salary or compensation should be deducted and no more. For an absence without pay or for forfeiture of pay for less than an entire calendar month one-thirtieth of one-twelfth of the annual salary or of the monthly compensation should be deducted for each day's absence regardless of the number of days in the month.
In the case stated nineteen-thirtieths of the monthly installment of the annual pay of Railway Postal Clerk Cox should be deducted for absence without pay in April, and one monthly installment for absence without pay in May, and ten-thirtieths of the monthly installment for absence without pay in June.
TRAVELING EXPENSES OF DELEGATE TO INTERNATIONAL STATISTICAL INSTITUTE.
The appropriations for the Census Office are not available for the payment of the traveling expenses of the Director of the Census while a delegate to the International Statistical Institute at London, England. (Comptroller Tracewell to the Secretary of Commerce and Labor, June 28, 1905.)
I am in receipt of your letter, dated June 22, 1905, wherein
"I transmit herewith, together with its inclosure, a letter from the Director of the Census submitting the question as to whether the Census funds are available for the payment of his expenses in attending the triennial meeting of the Royal Statistical Institute at London, England, he having been designated by the Department of State, upon the request of the secretary of state for foreign affairs of Great Britain, acting in behalf of the Royal Statistical Society, to attend the meeting as an official delegate of the United States Government. The Director states that his attendance upon this meeting would enable him to confer with the men who are in charge of the census work in all the European countries, and would be of service to him in the conduct of the future work of the Bureau of the Census; and that it would also afford him an opportunity to make an effort to effect an arrangement with the British Board of Trade, whereby they will furnish the
Bureau of the Census periodical reports showing the supply and consumption of American cotton in England, which would greatly facilitate the accomplishment of the purpose of a recent act of Congress providing for periodical reports by the Director upon the supply and consumption of cotton.
"I concur in the views of the Director of the Census as to the advisability of his making the proposed trip for the purposes indicated, and your opinion upon the question propounded by him is requested.
The letter above referred to from the Director of the Census, dated June 21, 1905, is as follows:
"I have the honor to request that you submit to the Comptroller of the Treasury the question whether the traveling expenses of the Director of the Census can be paid legally from the Census fund if he should attend the tenth triennial meeting of the International Statistical Institute, to be held at London, England, from July 31 to August 5, next. As you are aware, the Director has been designated by the Secretary of State to attend this meeting as an official delegate of the United States Government, which action was taken pursuant to the request of the secretary of state for foreign affairs of Great Britain, acting in behalf of the Royal Statistical Society.
"There can be no doubt that attendance upon this meeting, and the conference, which the Director would be enabled thereby to have with the men who are in charge of the census work in all of the European countries, would be of practical service in the conduct of the future work of the Census Office. Moreover, the Director has been urged to effect an arrangement with the British board of trade, whereby that organization will cooperate with the Census Office in carrying out the provisions of law enacted by Congress last winter for periodical reports upon the supply and consumption of cotton. It is urged by those most familiar with the subject of cotton statistics that the reports in question can never fully accomplish the purpose which Congress had in view until they are supplemented by similar reports, showing the supply and consumption of American cotton in England, which country is its largest consumer. Concurring in this view, I believe it important to effect such an arrangement, if possible. The suggested trip would afford the necessary opportunity.
In view of the important service that would be rendered, not only in connection with the cotton inquiry, but in furthering the work of collecting census statistics in general, could not the expense of the trip be paid from the appropriation for collecting statistics? If not from that, would not the appro
priation for miscellaneous expenses be available for the purpose?
"Inclosed herewith is the letter from the Acting Secretary of State herein referred to."
The act of February 3, 1905, making appropriations for the fiscal year of 1906 (33 Stat., 683) provides as to the Census Office:
"For securing information for census reports, provided for by law, including per diem compensation of special agents and expenses of the same and of detailed employees, the cost of transcribing State, municipal, and other records, the temporary rental of quarters outside of the District of Columbia for supervising special agents, and the employment by them of such temporary service as may be necessary in collecting the statistics required by law, five hundred thousand dollars, to be immediately available and so apportioned as to prevent a deficiency therein.
The same act (same page) also provides:
"For furniture, carpets, ice, lumber, hardware, dry goods, advertising, telegraphing, expressage, horses and wagons, feed for and shoeing of horses, diagrams, awnings, shelving, file cases, file holders, office fixtures, fuel, light, and other absolutely necessary expenses, twelve thousand dollars."
The above are the appropriations which the Director of the Census refers to in his letter, quoted supra, and as to the availability of which my decision is requested.
It is needless to discuss the latter appropriation. The provision therein for other absolutely necessary expenses" clearly relates to expenses ejusdem generis, and is not available for the purposes now under consideration. (See 6 Comp. Dec., 617.)
The first-mentioned appropriation is "for securing information for census reports, provided by law, including per diem compensation of special agents and expenses of the same."
By the joint resolution of Congress approved February 9, 1905 (33 Stat., 1282) it is provided:
"That the Director of the Census be, and he is hereby, authorized and directed to collect and publish in connection with the ginner's reports of cotton production provided for in section nine of an act of Congress entitled An act to provide
for a permanent Census Office,' approved March sixth, nineteen hundred and two, statistics of the consumption of cotton, the surplus of cotton held by manufacturers, and the quantity of cotton exported, the statistics to be summarized as of September first each year so as to show the cotton production and consumption of the preceding year.”
If authority be found to make such travel at the expense of an appropriation made to administer the census acts, it must be found in the act of February 3, 1905, supra, or in the joint resolution supra.
In my judgment this appropriation act is confined to information to be gathered relative to the statistics of our own country as required to be gathered, tabulated, and reported by the Director of the Census. This leaves the joint resolution of February 9, 1905, to be considered.
This, without again quoting, provides that in connection with the ginner's reports of cotton the Director is authorized to collect and publish statistics of the consumption of cotton, the surplus of cotton held by the manufacturers, and the quantity of cotton exported, in order to show the cotton production and consumption of the preceding year. The production, consumption, and exportation herein-above referred to clearly means the production, consumption, and exportation of the cotton of the United States and not of the cotton of the world.
The Director of the Census, in my judgment, is therefore not authorized by law to compile, tabulate, or report statistics upon the consumption and production of the cotton of the world for the preceding year, and hence I am unable to find any appropriation made for the taking of the census applicable to the payment of Director North's expenses to attend the tenth triennial meeting of the International Statistical Institute.