The opinion of the court was delivered by: BARD
This is an action by the United States of America to recover $95.32 alleged to have been illegally paid out by the Government as travelling expenses of the defendant. This case has been before me on another phase, 45 F.Supp. 670. I make the following special
1. The Puerto Rico Reconstruction Administration was created by Executive Order No. 7057, May 28, 1935, and Ernest H. Gruening was duly appointed Administrator thereof.
2. In February of 1936 defendant, a civil engineer, was offered a position as a structural and cement engineer in the construction of a plant in San Juan, Puerto Rico, by the Administrator.
3. The defendant accepted this offer and was appointed on February 24, 1936, at a compensation of $6,000 per annum, the agreement further providing that defendant's travel expenses to Puerto Rico and return were to be defrayed by the Puerto Rico Reconstruction Administration.
4. Travel expenses in the amount of $95.32, incurred by the defendant in going to Puerto Rico, were paid to the transportation agencies involved upon transportation vouchers filed by the defendant and duly certified for payment by the office of the Comptroller General.
On February 21, 1936, the Assistant Administrator of the Puerto Rico Reconstruction Administration wrote the following letter to defendant: "Mr. H. H. Lauer
"Pittsburgh, Pennsylvania "Dear Mr. Lauer:
"Confirming our telephone conversation today. You will be employed by this Administration effective on February 26th, as a designing engineer and plant superintendent with headquarters in San Juan, Puerto Rico, salary $6,000.00 per year.
"It is understood that your position will be that of structural cement engineer during the construction of the plant at San Juan, and after the completion of the plant that of plant superintendent during its first year of operation at least.
"Transportation from Detroit to Knoxville, Tennessee and thence to New York will be sent you by tomorrows mail. Reservations and tickets from New York to San Juan by New York Puerto Rico Steamship Company, sailing from New York on February 29th are ...