A-1463, MARCH 3, 1925, 4 COMP. GEN. 726

A-1463: Mar 3, 1925

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THE DISBURSING OFFICER OF THE DISTRICT OF COLUMBIA IS NOT OBLIGED TO RECOGNIZE THE ATTORNEY NAMED IN THE POWER OF ATTORNEY. 1925: I HAVE YOUR REQUEST OF JANUARY 21. MYERS WAS AUTHORIZED TO BE PAID. APPROPRIATION FOR PAYMENT OF THE CLAIM WAS PROVIDED BY THE ACT OF DECEMBER 5. YOUR DUTY IS TO MAKE PAYMENT TO THE PERSON IN WHOSE FAVOR THE CLAIM WAS GRANTED. UNDER THE CIRCUMSTANCES HERE DISCLOSED IT IS NOT OBLIGATORY ON YOU TO FURTHER RECOGNIZE THE ATTORNEY IN THIS CASE IN THE MATTER OF DELIVERING THE CHECK. THE POWER OF ATTORNEY IS IN SUBSTANCE AN AUTHORITY TO PROSECUTE THE CLAIM.

A-1463, MARCH 3, 1925, 4 COMP. GEN. 726

PAYMENTS - POWER OF ATTORNEY WHERE A PERSON HAVING A CLAIM AGAINST THE DISTRICT OF COLUMBIA REVOKES THE POWER OF ATTORNEY GRANTED ANOTHER TO REPRESENT HIM IN PROSECUTION OF THE CLAIM SUBSEQUENT TO A DECISION BY THE COMPTROLLER GENERAL ALLOWING THE CLAIM, BUT PRIOR TO ISSUANCE OF A CHECK IN PAYMENT THEREOF, THE DISBURSING OFFICER OF THE DISTRICT OF COLUMBIA IS NOT OBLIGED TO RECOGNIZE THE ATTORNEY NAMED IN THE POWER OF ATTORNEY, BUT MAY MAKE THE CHECK IN PAYMENT OF THE CLAIM PAYABLE TO THE CLAIMANT AND DELIVER IT TO HIM.

COMPTROLLER GENERAL MCCARL TO J. R. LUSBY, DISBURSING OFFICER, DISTRICT OF COLUMBIA, MARCH 3, 1925:

I HAVE YOUR REQUEST OF JANUARY 21, 1925, FOR DECISION AS TO WHOM DELIVERY SHOULD BE MADE OF CHECK PAYABLE ON THE CLAIM OF NANNIE J. MYERS FOR THE SUM OF $1,967.83 FOR ACCRUED ANNUITY PAYMENTS AS A RETIRED SCHOOL-TEACHER OF THE DISTRICT OF COLUMBIA.

IT APPEARS THAT NANNIE J. MYERS, ON FEBRUARY 15, 1923, EXECUTED A POWER OF ATTORNEY TO EMERY D. SMITH, AUTHORIZING HIM TO PROSECUTE HER CLAIM UNDER THE RETIREMENT ACT, AND "TO INTERCEDE, ADJUST, APPLY FOR, PRESENT EVIDENCE, ARGUE, APPEAL, OR PROSECUTE ANY CLAIM * * * GIVING AND GRANTING TO MY SAID ATTORNEY FULL POWER AND AUTHORITY TO DO AND PERFORM ALL AND EVERY ACT AND THING WHATEVER REQUISITE AND NECESSARY TO BE DONE IN AND ABOUT THE PREMISES AS I MIGHT OR COULD DO IF PERSONALLY PRESENT AT THE DOING THEREOF.'

BY DECISION DATED APRIL 11, 1924, 3 COMP. GEN. 744, THE CLAIM OF MISS NANNIE J. MYERS WAS AUTHORIZED TO BE PAID. JUNE 3, 1924, SHE REVOKED THE POWER OF ATTORNEY GRANTED TO SMITH AND THERE HAS ARISEN A CONTROVERSY BETWEEN THE ATTORNEY AND HIS FORMER CLIENT, CLAIMANT HEREIN CONCERNED, AS TO WHOM THE CHECK IN PAYMENT OF THE CLAIM SHOULD BE DELIVERED. APPROPRIATION FOR PAYMENT OF THE CLAIM WAS PROVIDED BY THE ACT OF DECEMBER 5, 1924, 43 STAT. 675.

YOUR DUTY IS TO MAKE PAYMENT TO THE PERSON IN WHOSE FAVOR THE CLAIM WAS GRANTED. UNDER THE CIRCUMSTANCES HERE DISCLOSED IT IS NOT OBLIGATORY ON YOU TO FURTHER RECOGNIZE THE ATTORNEY IN THIS CASE IN THE MATTER OF DELIVERING THE CHECK. THE POWER OF ATTORNEY IS IN SUBSTANCE AN AUTHORITY TO PROSECUTE THE CLAIM, BUT CONTAINS NO EXPRESS AUTHORITY TO RECEIVE AND INDORSE THE CHECKS OR WARRANTS THAT MAY BE ISSUED IN SETTLEMENT AND ADJUSTMENT OF THE CLAIM.

FOLLOWING THE PROCEDURE REQUIRED BY SECTION 3477 OF THE REVISED STATUTES THE CHECK SHOULD BE MADE PAYABLE AND SENT TO THE CLAIMANT, NANNIE J. MYERS, UNDER THE USUAL PROCEDURE.