A-14914, AUGUST 27, 1926, 6 COMP. GEN. 165

A-14914: Aug 27, 1926

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HAVING BEEN DISALLOWED BECAUSE IT WAS NOT FILED WITHIN THE PERIOD PROVIDED BY STATUTE MAY NOT BE CONSIDERED UNDER THE ACT OF FEBRUARY 9. THE CLAIM IN QUESTION WAS MADE UNDER SECTION 2 OF THE ACT OF MARCH 26. CLAIM WAS FILED UNDERDATE OF MARCH 8. WAS DISALLOWED BY SETTLEMENT NO. 016003 OF FEBRUARY 18. SOLELY FOR THE REASON THAT SAME WAS NOT FILED WITHIN THE TWO-YEAR LIMITATION PRESCRIBED BY THE ACT OF DECEMBER 11. THE DISALLOWANCE WAS PROPER. AS FOLLOWS: THAT THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO CERTIFY TO THE SECRETARY OF THE TREASURY THE DIFFERENCE BETWEEN THE AMOUNTS PAID BY PURCHASERS OF THE LOTS IN THE TOWN SITE OF SANISH. THE MATTER IS NOT PROPERLY BEFORE THIS OFFICE FOR REOPENING AT YOUR REQUEST.

A-14914, AUGUST 27, 1926, 6 COMP. GEN. 165

PUBLIC LAND CLAIMS - LIMITATION ON FILING - REOPENING A CLAIM UNDER THE ACT OF MARCH 26, 1908, 35 STAT. 48, AS AMENDED BY THE ACT OF DECEMBER 11, 1919, 41 STAT. 366, FOR REFUND OF EXCESS PURCHASE MONEY PAID IN CONNECTION WITH THE PURCHASE OF PUBLIC LAND, HAVING BEEN DISALLOWED BECAUSE IT WAS NOT FILED WITHIN THE PERIOD PROVIDED BY STATUTE MAY NOT BE CONSIDERED UNDER THE ACT OF FEBRUARY 9, 1925, 43 STAT. 817, EXCEPT UPON THE SUBMISSION BY THE CLAIMANT OF A NEW CLAIM OR APPLICATION FOR REPAYMENT UNDER SAID LATER STATUTE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 27, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JUNE 8, 1926, FOR RECONSIDERATION OF THE CLAIM OF WILLIAM B. KING FOR REPAYMENT OF EXCESS PURCHASE MONEY PAID BY HIM IN CONNECTION WITH THE PURCHASE OF LOTS 14 AND 15 IN THE TOWNSHIP OF SANISH, N.DAK.

THE CLAIM IN QUESTION WAS MADE UNDER SECTION 2 OF THE ACT OF MARCH 26, 1908, 35 STAT. 48, AS AMENDED BY THE ACT OF DECEMBER 11, 1919, 41 STAT. 366, WHICH PROVIDES THAT ALL APPLICATIONS MUST BE FILED WITHIN TWO YEARS FROM THE DATE OF THE PASSAGE OF THE AMENDATORY ACT. CLAIM WAS FILED UNDERDATE OF MARCH 8, 1923, AND WAS DISALLOWED BY SETTLEMENT NO. 016003 OF FEBRUARY 18, 1924, SOLELY FOR THE REASON THAT SAME WAS NOT FILED WITHIN THE TWO-YEAR LIMITATION PRESCRIBED BY THE ACT OF DECEMBER 11, 1919. THE DISALLOWANCE WAS PROPER.

YOU NOW REQUEST REOPENING OF THE SETTLEMENT AND ALLOWANCE OF THE CLAIM UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 9, 1925, 43 STAT. 817, AS FOLLOWS:

THAT THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO CERTIFY TO THE SECRETARY OF THE TREASURY THE DIFFERENCE BETWEEN THE AMOUNTS PAID BY PURCHASERS OF THE LOTS IN THE TOWN SITE OF SANISH, WITHIN THE FORMER FORT BERTHOLD INDIAN RESERVATION, NORTH DAKOTA, AND THE PRICE FIXED AS RESULT OF REAPPRAISAL BY THE SECRETARY OF THE INTERIOR OF AUGUST 11, 1922, IN ALL CASES WHETHER PATENTS HAD OR HAD NOT ISSUED AT THE TIME OF THE REAPPRAISAL OF THE LOTS: PROVIDED, THAT THE PURCHASERS OR THEIR LEGAL REPRESENTATIVES APPLY FOR REPAYMENT OF SUCH AMOUNTS WITHIN TWO YEARS FROM THE PASSAGE OF THIS ACT.

THE MATTER IS NOT PROPERLY BEFORE THIS OFFICE FOR REOPENING AT YOUR REQUEST. THE PROVISION JUST QUOTED CREATES NEW RIGHTS UNDER WHICH NEW CLAIMS MAY BE FILED INDEPENDENTLY OF ANY FORMER CLAIMS PREVIOUSLY DISALLOWED; AND THE STATUTE SPECIFICALLY PROVIDES THAT SUCH NEW CLAIMS MAY BE ALLOWED ONLY IF FILED BY "THE PURCHASERS OR THEIR LEGAL REPRESENTATIVES" WITHIN TWO YEARS FROM THE PASSAGE OF THE ACT.

IN THE ABSENCE OF A CLAIM OR REQUEST FROM MR. KING, OR HIS LEGAL REPRESENTATIVE, FOR REPAYMENT UNDER THE PROVISIONS OF THE STATUTE, SUPRA, NO FURTHER ACTION IN THE MATTER MAY BE TAKEN BY THIS OFFICE.