B-197549 L/M, SEP 25, 1980
Highlights
BOTH OF WHOM WERE EMPLOYEES OF THE UNITED STATES TREASURY DEPARTMENT. JUDGMENT WAS RENDERED IN FAVOR OF THE PLAINTIFF IN THE AMOUNT OF $64. THE INDIVIDUAL DEFENDANTS WERE INSOLVENT AND THE JUDGMENT WAS NEVER SATISFIED. REPEATED ATTEMPTS TO RECEIVE PAYMENT FROM THE UNITED STATES THROUGH RELIEF LEGISLATION WERE UNSUCCESSFUL. YOU HAVE NOW REQUESTED THAT THE GENERAL ACCOUNTING OFFICE REPORT MR. WE TRUST THE FOREGOING IS SUFFICIENT TO EXPLAIN WHY THE CLAIM MAY NOT BE CONSIDERED BY THIS OFFICE UNDER THE PROVISIONS OF 31 U.S.C.
B-197549 L/M, SEP 25, 1980
PRECIS-UNAVAILABLE
EDWARD J. LASSUS, JR., COREY, REED, BETHAY & KOGOS LAW AND NOTARIAL OFFICES:
THIS REFERS TO YOUR CORRESPONDENCE WITH THIS OFFICE OF JANUARY 15, JULY 29, AND SEPTEMBER 5, 1980, CONCERNING THE CLAIM OF MR. FRANK WARE, THE LEGAL HEIR OF MR. HENRY WARE. MR. HENRY WARE BROUGHT SUIT AGAINST TWO INDIVIDUAL DEFENDANTS, BOTH OF WHOM WERE EMPLOYEES OF THE UNITED STATES TREASURY DEPARTMENT, FOR THE WRONGFUL SEIZURE OF COTTON OWNED BY THE PLAINTIFF. ON MARCH 17, 1868, JUDGMENT WAS RENDERED IN FAVOR OF THE PLAINTIFF IN THE AMOUNT OF $64,183.92. THE INDIVIDUAL DEFENDANTS WERE INSOLVENT AND THE JUDGMENT WAS NEVER SATISFIED. REPEATED ATTEMPTS TO RECEIVE PAYMENT FROM THE UNITED STATES THROUGH RELIEF LEGISLATION WERE UNSUCCESSFUL.
YOU HAVE NOW REQUESTED THAT THE GENERAL ACCOUNTING OFFICE REPORT MR. FRANK WARE'S CLAIM TO CONGRESS AS A MERITORIOUS CLAIM UNDER 31 U.S.C. SEC. 236 (1976).
IN ORDER FOR A CLAIM TO BE EVALUATED BY THE GENERAL ACCOUNTING OFFICE FOR REPORT TO CONGRESS AS A MERITORIOUS CLAIM, A CLAIM MUST BE FILED IN THIS OFFICE WITHIN THE PERIOD OF LIMITATION PROVIDED IN 31 U.S.C. SEC. 237(1) (1976). THAT SECTION PROVIDES IN PART AS FOLLOWS:
"EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN 6 YEARS AFTER DATE SUCH CLAIM FIRST ACCRUED: ***."
SINCE THIS CLAIM ACCRUED IMMEDIATELY FOLLOWING THE CIVIL WAR, THE 6 YEAR STATUTE OF LIMITATIONS BARS IT FROM BEING CONSIDERED AND PRESENTED AS A MERITORIOUS CLAIM TO THE CONGRESS.
WE TRUST THE FOREGOING IS SUFFICIENT TO EXPLAIN WHY THE CLAIM MAY NOT BE CONSIDERED BY THIS OFFICE UNDER THE PROVISIONS OF 31 U.S.C. SEC. 236 (1976). WE REGRET THE DELAY IN RESPONDING TO YOUR LETTERS.