« ForrigeFortsett »
sible under his official bond, and such clerk, before entering upon duty, must take and subscribe the oath or affirmation prescribed by the Act of Congress approved July 2, 1862 -(Statutes at Large, vol. 12, p. 502.) And in case of Register or Receiver, such officer shall place his office in charge of a competent and reliable clerk, for whose acts he will be held responsible under his official bond, and such clerk, before entering on duty, shall take and subscribe the following oath or affirmation, which must be transmitted to this office:
"I, A. B., having been employed by C. D., (Register or Receiver, as the case may be,) of the Land Office at as clerk in his office, do solemnly swear (or affirm) that I will truly and faithfully execute the trust committed to me according to law, and regulations and instructions made in conformity thereto: So help me God."
Second. That as the clerk left in charge of the office of Surveyor General, Register or Receiver, cannot be authorized to sign any official paper or document, such officer shall make arrangements to affix his signature to all official papers and documents required to be issued from his office during his absence; and in no instance can a Register be authorized to leave his office in charge of the Receiver, or vice versa.
Third. That if an officer shall be and remain absent from duty for more than thirty days within a year, he shall not receive pay or emolument, either in salary or otherwise, during the period of his absence from official duty, unless in special cases, in which good and satisfactory cause shall be shown therefor to this office.
Fourth. That upon return to duty the officer shall report by letter to this office the exact period of his absence.
As applications for leave are frequently made by officers on the ground that the public interests committed to them require their presence at the seat of government, I take this occasion to say that it is the duty of this office to look after the public interests coming under its supervision, and that in the discharge of this duty the personal presence and assistance of district officers is rarely if ever required. Should the presence of such officers be desired, at any time, for this or other reasons, timely notice to that effect will be given.
In this connection I deem it proper to refer to fact that some officers are in the habit of absenting themselves from official duty, for short periods, without proper authority, and to state that its impropriety and incompatibility with the proper and faithful discharge of official duty is manifest, and that in future unauthorized absence, for however short a period, will not be tolerated.
You are requested to acknowledge the receipt hereof at your earliest convenience. Very respectfully,
WILLIS DRUMMOND, Commissioner. TO REGISTERS AND RECEIVERS AND SURVEYORS GENERAL.
Approved: C. DELANO, Secretary of the Interior.
IX. TRAVELING EXPENSES.
ALLOWANCES FOR TRAVELING EXPENSES.
Washington, August 1, 1874. The following provisions of the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, one thousand eight hundred and seventy-five, and for other purposes," approved June 16, 1874, is hereby published for the information and guidance of the officers and employés of this Department: "Provided, That only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileage and transportation, in excess of the amount actually paid, are hereby declared illegal; and no credit shall be allowed to any of the Disbursing Officers of the United States for payments or allowances in violation of this provision."
In accordance with the foregoing provision, persons traveling upon the official business of this Department will hereafter be allowed their "actual traveling expenses," usual and essential to the ordinary comfort of travelers, embraced in the following items of expenditure:
I. Actual fares on railroads, steamboats, and other vessels, by the shortest practicable route, the hire of special transportation where there are no regular means of conveyance, street-car, or omnibus, or transfercoach fare to and from depots and hotels, and, where there are no such conveyances, moderate and necessary hack-hire, and reasonable fees to porters and expressmen.
II. Sleeping-car fare for one double berth for each person, or customary state-room accommodation on steamboats and other vessels, one seat in parlor car, and lodgings and actual board in hotels, at a rate not greater than five dollars per day. Hotel bills and receipts will be taken in all cases where it is practicable to obtain them, and accompany the account as a voucher.
No charge will be allowed for hotel bills when the detention is unnecessary for the performance of the duties for which travel is required.
An affidavit that the account is just and true in all respects, and that the expenses charged therein were actually and necessarily incurred, must accompany each bill. In all cases the account must contain the items of expenditure; and a copy of the order under which the travel was made must accompany it.
CHAS. F. CONANT, Acting Secretary.
DEPARTMENT OF THE INTERIOR,
Washington, D. C., July 1, 1874. Hereafter the expenses of all officers of the Government, or other persons, when traveling on duty or other public business for or on account of this Department, or any of the Bureaus connected therewith, will be confined to "actual traveling expenses," usual and essential to the ordinary comfort of travelers, and will embrace the following items of expenditure only, viz:
I. Fares upon railroads, steamboats, packets, or other usual modes of conveyance.
II. Hire of special transportation, either by land or water, when there are no regular means of conveyance.
III. Ferriage, tolls, and horse-keeping when transportation is hired. IV. Street-car, or omnibus, or transfer-coach fare to and from depots and hotels, and, where there are no such conveyances, moderate and necessary hack-hire, not exceeding the legal rates; also baggage fees to porters.
V. Sleeping-car fare for one double berth for each person, or customary state-room accommodation on boats, steamers, etc.
VI. Lodging and meals in hotels, en route.
VII. Hotel expenses, not exceeding four dollars per day, when the detention is incident to, or necessary for, the performance of the duties for which the travel is ordered.
VIII. Necessary meals, en route, but for no other items of refreshment than the ordinary food provided for travelers.
No charge will be allowed for hotel bills when the detention is unnecessary for the execution of the orders under which the journey is performed, nor for meals furnished on steamers or other means of conveyance which are included in the charge for fare.
Every officer or other person traveling as above indicated will keep a memorandum of the expenditures herein allowed, noting each item upon its being made, and the certificate, in the case of an officer, or affidavit, in the case of any other person, to be made on the voucher, will set forth that the different charges in detail therein have been taken from and verified by his memorandum; that they are correct and just; that the amount charged was actually paid; that the number of days for which the same is charged was necessarily consumed in unavoidable delays incident to travel, and in the performance of the duty ordered or services rendered, and that the journey was performed with all practicable dispatch by the shortest usually traveled routes, under orders, [copy annexed,] or for the purpose of, [here the object of the journey should be fully stated.]
When unusual routes or expensive means of transportation are charged for, explanatory certificates, setting forth the necessity for the same, must accompany the accounts, and, if approved by the Head of the Department or the Chief of the Bureau, such charges will be allowed.
Any officer or other person traveling on duty or public business as herein provided, over any of the railroads below named, to which grants or subsidies have been made by the United States, and from which payment for freight and transportation furnished for Government service is, by the 2d section of an act of Congress approved March 3, 1873, (U. S. Statutes at Large, vol. 17, p. 508,) directed to be withheld, will exhibit his order to the proper officer of the railroad company and request transportation, and on receiving the requisite order therefor will give the company the necessary voucher for the amount of the fare.
The railroads above referred to are as follows, viz:
The "Central Pacific," "Kansas Pacific," "Union Pacific, Central Branch," ""Union Pacific," "Western Pacific," and the "Sioux City and Pacific."
All previous orders of this Department in relation to the foregoing subject are hereby revoked. C. DELANO, Secretary.
DEPARTMENT OF THE INTERIOR,
Washington, D. C., Sept. 21, 1874.
The following is substituted for Paragraph VII. of a General Order, dated July 1, 1874, issued by the Department, viz:
VII. Hotel expenses, not exceeding five dollars per day, when the detention is incident to, or necessary for, the performance of the duties for which the travel is ordered.
C. DELANO, Secretary of the Interior.
TITLE XVI-MISCELLANEOUS RULINGS AND
I. GRADUATION ENTRIES.
DEPARTMENT OF THE INTERIOR,
April 25, 1873.
the annexed copy of an certain entries of land [See Part II., No. 87.]
GENTLEMEN :-I send for your information act of Congress entitled "An act to confirm therein named," approved February 17, 1873. This act refers to a class of entries which were allowed at the reduced price for settlement and cultivation under the graduation law of August 4. 1854, which was repealed by the act of June 2, 1862. The act of Congress of 3d March, 1857, confirmed entries made prior to its passage under the graduation law, which were regular in every respect, and not fraudulent or evasive of the law, leaving those entries allowed under the same law subsequent to the 3d March, 1857, and prior to the repeal of the law, to stand on the original basis, which required that the parties should produce satisfactory proof of settlement and cultivation before the patents could be issued at the reduced price paid; or where such proof could not be made, the parties interested could perfect the entries and have the patents issued as in ordinary cases, by paying up the difference between the reduced price paid under the graduation law and the ordinary minimum of $1.25 per acre. There is consequently a large number of entries for which the patents remain undelivered on the files of this Office, the parties having neither produced the proof of settlement and cultivation, nor made the additional payment for the land, one or the other of which was required to entitle them to the patents. It is with regard to these entries that the act of February 17, 1873, (copy annexed,) dispensing with the requirement of proof or payment, provides for issuing the patents in all cases where the entries were regularly made, where they have not been annulled and vacated by this Office on account of fraud, evasion of law, or other special cause, and where they may not be ascertained to have been fraudulently or evasively made. This Office will accordingly issue the patents for these entries, as in ordinary cases, on surrender of the duplicate receipts by the parties, if the entries be regular and unimpeached on the official records. It is desired that you diffuse information of this as far as practicable in the discharge of your official duties.
Very respectfully, your obedient servant,
REGISTER AND RECEIVER.
WILLIS DRUMMOND, Commissioner.