A-13473, APRIL 24, 1926, 5 COMP. GEN. 860

A-13473: Apr 24, 1926

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BY PERSONS EMPLOYED AT UNITED STATES CONSULATES IN GERMANY IN CONNECTION WITH THE UNDERTAKING OF SAID CONSULATES PURSUANT TO PROPER REQUEST TO LOOK AFTER THE INTERESTS OF OTHER FOREIGN GOVERNMENTS THEN AT WAR WITH GERMANY ARE FOR ALLOWANCE AND REPORTING TO THE CONGRESS AS CERTIFIED CLAIMS UNDER THE LAPSED APPROPRIATION. " THE AMOUNT TO BE COLLECTED BY THE STATE DEPARTMENT FROM THE FOREIGN GOVERNMENT ON ACCOUNT OF WHICH THE SERVICE WAS RENDERED. WHEREIN WAS DISALLOWED HIS CLAIM FOR $225 AS COMPENSATION FOR SERVICES RENDERED AT THE AMERICAN CONSULATE AT STUTTGART. IN HIS REQUEST FOR REVIEW THE CLAIMANT STATES: AT THE OUTBREAK OF THE WAR I WAS REQUESTED BY MY THEN SUPERIOR. I WAS PAID OFF FOR 2 YEARS' SERVICES ON 1ST AUG.

A-13473, APRIL 24, 1926, 5 COMP. GEN. 860

CONSULAR SERVICE - EXTRA CLERKS HANDLING FOREIGN INTERESTS CLAIMS FOR SERVICES RENDERED PRIOR TO SEVERANCE OF DIPLOMATIC RELATIONS BETWEEN THE UNITED STATES AND GERMANY IN FEBRUARY, 1917, BY PERSONS EMPLOYED AT UNITED STATES CONSULATES IN GERMANY IN CONNECTION WITH THE UNDERTAKING OF SAID CONSULATES PURSUANT TO PROPER REQUEST TO LOOK AFTER THE INTERESTS OF OTHER FOREIGN GOVERNMENTS THEN AT WAR WITH GERMANY ARE FOR ALLOWANCE AND REPORTING TO THE CONGRESS AS CERTIFIED CLAIMS UNDER THE LAPSED APPROPRIATION,"REPRESENTATION OF INTERESTS OF FOREIGN GOVERNMENTS GROWING OUT OF HOSTILITIES IN EUROPE, ETC., 1917," THE AMOUNT TO BE COLLECTED BY THE STATE DEPARTMENT FROM THE FOREIGN GOVERNMENT ON ACCOUNT OF WHICH THE SERVICE WAS RENDERED.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 24, 1926:

E. SCHLEICHER REQUESTED, DECEMBER 30, 1925, REVIEW OF SETTLEMENT NO. 374886, DATED AUGUST 6, 1925, WHEREIN WAS DISALLOWED HIS CLAIM FOR $225 AS COMPENSATION FOR SERVICES RENDERED AT THE AMERICAN CONSULATE AT STUTTGART, GERMANY, DURING THE PERIOD FROM AUGUST 1, 1916, TO JANUARY 31, 1917.

IN HIS REQUEST FOR REVIEW THE CLAIMANT STATES:

AT THE OUTBREAK OF THE WAR I WAS REQUESTED BY MY THEN SUPERIOR, THE BRITISH CONSUL HARDWYN HARRISS GASTRELL AND BY THE THEN AMERICAN CONSUL EDWARD HIGGINS TO PERFORM WORK AT THE AMERICAN CONSULATE, STUTTGART.

I WAS PAID OFF FOR 2 YEARS' SERVICES ON 1ST AUG., 1916, BY MR. HIGGINS WHEN THE LATTER LEFT FOR BAHIA, WHERE HE WAS TRANSFERRED, AND I WITHDREW FROM THE AMERICAN CONSULATE THEN.

I WAS, HOWEVER, CALLED BACK THE FOLLOWING DAY BY THE SUCCESSOR OF MR. HIGGINS, CONSUL GEORGE NICOLAS IFFT, NOW AT NANCY, TO RESUME MY DUTIES ON THE SAME TERMS AS HITHERTO.

I AM AT A LOSS TO UNDERSTAND WHY I WAS CONSIDERED AND PAID AS A CLERK FOR THE FIRST 2 YEARS OF MY ENGAGEMENT AND WHY I AM CONSIDERED AS A VOLUNTARY CLERK WITHOUT SALARY FOR THE SECOND PART OF MY ENGAGEMENT.

THE AMERICAN CONSUL WHO WAS IN CHARGE AT STUTTGART DURING THE PERIOD COVERED BY THIS CLAIM SUBMITTED TO THE SECRETARY OF STATE, UNDER DATE OF MARCH 15, 1919, A REPORT AS FOLLOWS:

I HAVE THE HONOR TO REPORT THAT AT THE OUTBREAK OF THE WAR IN AUGUST, 1914, MR. EUGENE SCHLEICHER, A GERMAN SUBJECT, WHO WAS THEN AND HAD BEEN FOR A NUMBER OF YEARS THE BRITISH VICE CONSUL AT STUTTGART, CAME TO THE AMERICAN CONSULATE AT STUTTGART AS A VOLUNTEER CLERK AND FROM THAT TIME UNTIL THE BREAKING OF DIPLOMATIC RELATIONS WITH GERMANY ON FEBRUARY 1, 1917, RENDERED VALUABLE SERVICES IN CONNECTION WITH THE CARE OF BRITISH AND FRENCH INTERESTS. AS A MATTER OF FACT, HIS ASSISTANCE MADE IT POSSIBLE FOR THE CONSULATE TO GET ALONG WITHOUT THE EMPLOYMENT OF EXTRA HELP.

IN AUGUST, 1916, MY PREDECESSOR PRESENTED CLAIMS FOR COMPENSATION FOR MR. SCHLEICHER UP TO AUGUST 1 OF THAT YEAR, BOTH OF WHICH WERE ALLOWED BY THE BRITISH AND FRENCH GOVERNMENTS AND PAYMENT WAS MADE THROUGH THE DEPARTMENT AFTER MY ARRIVAL AT STUTTGART. IN THE ABSENCE OF THE RECORDS, I DO NOT NOW REMEMBER THE AMOUNTS, BUT THE CORRESPONDENCE IN CONNECTION THEREWITH WILL BE FOUND ON FILE AT THE DEPARTMENT.

I REQUESTED MR. SCHLEICHER TO PREPARE CLAIMS FOR SUCH SERVICES FROM THE PERIOD FROM AUGUST 1, 1916, TO FEBRUARY 1, 1917, BEFORE LEAVING STUTTGART, BUT THE MATTER WAS OVERLOOKED. IT HAS RECENTLY BEEN BROUGHT TO MY ATTENTION, AND I WOULD RECOMMEND THAT HIS CLAIMS FOR COMPENSATION FOR SUCH SERVICES AT THE AMERICAN CONSULATE IN CONNECTION WITH BRITISH INTERESTS FOR $150 AND IN CONNECTION WITH FRENCH INTERESTS FOR $75 BE PRESENTED TO THOSE GOVERNMENTS, RESPECTIVELY. THE WORK HE DID IS WELL WORTH SUCH AMOUNTS.

THE ACT OF SEPTEMBER 11, 1914, 38 STAT. 778, MAKING AN APPROPRIATION FOR "REPRESENTATION OF INTERESTS OF FOREIGN GOVERNMENTS GROWING OUT OF HOSTILITIES IN EUROPE, ETC., " PROVIDES:

* * * THAT TO ENABLE THE UNITED STATES TO FULFILL THE OBLIGATIONS DEVOLVING UPON IT IN CONNECTION WITH OR GROWING OUT OF ITS REPRESENTATION OF THE INTERESTS OF FOREIGN GOVERNMENTS AND THEIR NATIONALS, AND TO EXTEND TEMPORARY ASSISTANCE TO OTHER GOVERNMENTS AND THEIR NATIONALS, MADE NECESSARY BY HOSPITALITIES IN EUROPE AND ELSEWHERE, BY TRANSFERRING OR ADVANCING FUNDS FOR DIPLOMATIC AND CONSULAR EXPENSES AND FOR THE CARE OR BENEFIT OF CITIZENS OR SUBJECTS OF FOREIGN NATIONS, THERE IS APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, THE SUM OF $1,000,000, TO BE AVAILABLE DURING THE FISCAL YEAR NINETEEN HUNDRED AND FIFTEEN, AND TO BE DISBURSED UNDER THE DIRECTION AND IN THE DISCRETION OF THE SECRETARY OF STATE: PROVIDED, THAT PAYMENTS MADE BY FOREIGN GOVERNMENTS OR THEIR CITIZENS OR SUBJECTS SHALL BE CREDITED TO THIS APPROPRIATION AND BE AVAILABLE FOR THE PURPOSE HEREIN SPECIFIED: PROVIDED FURTHER, THAT ALL SUMS RECEIVED BY THE UNITED STATES IN FINAL REIMBURSEMENT OF AMOUNTS PAID BY IT OUT OF THE $1,000,000 HEREIN APPROPRIATED SHALL BE PAID INTO THE TREASURY OF THE UNITED STATES AS "MISCELLANEOUS RECEIPTS.'

BY THE ACT OF MARCH 4, 1915, 38 STAT. 1138, THE UNEXPENDED BALANCE OF THE AMOUNT THUS APPROPRIATED WAS REAPPROPRIATED AND MADE AVAILABLE FOR THE SAME PURPOSES FOR THE FISCAL YEAR 1916, AND BY THE ACT OF SEPTEMBER 8, 1916, 39 STAT. 802, MADE AVAILABLE FOR THE FISCAL YEAR 1917.

AN EXAMINATION OF THE ACCOUNTS RENDERED FOR THE UNITED STATES CONSULATE AT STUTTGART FOR THE PERIOD FROM AUGUST 1, 1916, TO JANUARY 31, 1917, FAILS TO DISCLOSE ANY PAYMENTS MADE TO E. SCHLEICHER ON ACCOUNT OF SERVICES RENDERED.

IT IS CLEARLY SHOWN THAT THE CLAIMANT RENDERED SERVICE AT THE AMERICAN CONSULATE AT STUTTGART TO JANUARY 31, 1917, IN CONNECTION WITH THE UNDERTAKING OF SAID CONSULATE TO LOOK AFTER THE INTERESTS OF THE BRITISH AND FRENCH GOVERNMENTS, NEITHER OF WHICH HAD REPRESENTATIVES IN GERMANY AT THAT TIME, AND HE HAS BEEN PREVIOUSLY PAID WITH FUNDS FURNISHED FOR THAT PURPOSE BY THESE TWO GOVERNMENTS FOR THE PERIOD PRIOR TO AUGUST 1, 1916. ACCORDINGLY, UPON REVIEW, THERE IS CERTIFIED AS DUE THE CLAIMANT $225 FOR SERVICES FOR THE PERIOD AUGUST 1, 1916, TO JANUARY 31, 1917, TO BE REPORTED TO CONGRESS AS A CERTIFIED CLAIM UNDER THE APPROPRIATION "REPRESENTATION OF INTERESTS OF FOREIGN GOVERNMENTS GROWING OUT OF HOSTILITIES IN EUROPE, ETC., 1917," SAID AMOUNT TO BE COLLECTED BY THE STATE DEPARTMENT FROM THE BRITISH AND FRENCH GOVERNMENTS AS CONTEMPLATED BY THE ACT OF SEPTEMBER 11, 1914, SUPRA. ..END :