A-14912, APRIL 15, 1927, 6 COMP. GEN. 672

A-14912: Apr 15, 1927

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THE JUDGMENT WAS CERTIFIED AND REPORTED TO THE CONGRESS IN HOUSE DOCUMENT 618. AN APPROPRIATION WAS MADE IN THE DEFICIENCY APPROPRIATION ACT APPROVED FEBRUARY 28. INTEREST IS CLAIMED TO MARCH 30. THE RULE TO BE APPLIED IS THAT STATED IN DECISION OF THIS OFFICE DATED SEPTEMBER 20. THE JUDGMENT CREDITOR IS ENTITLED TO INTEREST UP TO THE TIME OF PAYMENT. THE ESTABLISHED GENERAL RULE IN THIS COUNTRY IN SETTLING CLAIMS BEARING INTEREST WHICH ARE PAYABLE DIRECTLY FROM THE TREASURY IS THAT INTEREST SHALL RUN UP TO THE TIME THE CLAIM IS ALLOWED AND CERTIFIED FOR PAYMENT. * * * A SETTLEMENT WILL BE STATED ALLOWING ARCHIBALD MCNEIL AND SONS CO. DATE OF THE APPROPRIATION ACT AND DATE TO WHICH INTEREST WAS ALLOWED IN SETTLEMENT NO. 0150073.

A-14912, APRIL 15, 1927, 6 COMP. GEN. 672

JUDGMENTS - INTEREST WHERE A JUDGMENT AGAINST THE UNITED STATES PROVIDED FOR INTEREST "UNTIL DATE OF FINAL PAYMENT" AND THE APPROPRIATION FOR PAYMENT OF THE JUDGMENT PROVIDED FOR INTEREST "AS AND WHERE SPECIFIED IN SUCH JUDGMENTS," INTEREST SHOULD BE ALLOWED TO THE DATE OF CERTIFICATE OF SETTLEMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 15, 1927:

ARCHIBALD MCNEIL AND SONS CO. (INC.) REQUESTED APRIL 2, 1927, REVIEW OF SETTLEMENT NO. 0150073, DATED MARCH 30, 1927, IN SETTLEMENT OF THE JUDGMENT RENDERED OCTOBER 24, 1924, AGAINST THE GOVERNMENT, OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, FOR THE RECOVERY OF JUST COMPENSATION FOR COAL REQUISITIONED BY THE UNITED STATES RAILROAD ADMINISTRATION.

IT APPEARS THAT THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ENTERED JUDGMENT OCTOBER 24, 1924, AGAINST THE UNITED STATES FOR $94,066.87 FOR COAL REQUISITIONED TOGETHER WITH COSTS OF $205.35 AND INTEREST ON THE PRINCIPAL SUM AT 6 PERCENT PER ANNUM FROM OCTOBER 24, 1924,"UNTIL DATE OF FINAL PAYMENT.' THE JUDGMENT WAS CERTIFIED AND REPORTED TO THE CONGRESS IN HOUSE DOCUMENT 618, SIXTY-NINTH CONGRESS, SECOND SESSION, ALONG WITH OTHER JUDGMENTS, AND AN APPROPRIATION WAS MADE IN THE DEFICIENCY APPROPRIATION ACT APPROVED FEBRUARY 28, 1927, OF THE PRINCIPAL SUM OF THE JUDGMENT AND COSTS WITH SUCH ADDITIONAL AMOUNT AS MIGHT BE NECESSARY TO PAY INTEREST "AS AND WHERE SPECIFIED IN SUCH JUDGMENTS.'

SETTLEMENT NO. 0150073, DATED MARCH 30, 1927, ALLOWED THE PRINCIPAL SUM OF THE JUDGMENT AND COSTS AND INTEREST IN THE SUM OF $13,251.83, COVERING THE PERIOD FROM THE DATE OF JUDGMENT TO FEBRUARY 28, 1927, DATE OF THE APPROPRIATION ACT, THE AMOUNT OF $18,573.65 BEING APPLIED IN LIQUIDATION OF A LIKE AMOUNT CONCEDED TO BE DUE THE DIRECTOR GENERAL OF RAILROADS. INTEREST IS CLAIMED TO MARCH 30, 1927, DATE OF SETTLEMENT.

THE RULE TO BE APPLIED IS THAT STATED IN DECISION OF THIS OFFICE DATED SEPTEMBER 20, 1923 (R-5307), AS FOLLOWS:

THE JUDGMENT CARRIED INTEREST UNTIL PAID, AND THE JUDGMENT CREDITOR IS ENTITLED TO INTEREST UP TO THE TIME OF PAYMENT. THE ESTABLISHED GENERAL RULE IN THIS COUNTRY IN SETTLING CLAIMS BEARING INTEREST WHICH ARE PAYABLE DIRECTLY FROM THE TREASURY IS THAT INTEREST SHALL RUN UP TO THE TIME THE CLAIM IS ALLOWED AND CERTIFIED FOR PAYMENT. * * *

A SETTLEMENT WILL BE STATED ALLOWING ARCHIBALD MCNEIL AND SONS CO. (INC.) THE BALANCE OF INTEREST FROM FEBRUARY 28, 1927, DATE OF THE APPROPRIATION ACT AND DATE TO WHICH INTEREST WAS ALLOWED IN SETTLEMENT NO. 0150073, TO MARCH 30, 1927, DATE OF THE SETTLEMENT.