A-26527, MARCH 14, 1930, 9 COMP. GEN. 405

A-26527: Mar 14, 1930

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PUBLIC FUNDS - RECEIPTS FOR DEPOSITS IN THE TREASURY MONEYS FOR DEPOSIT IN THE TREASURY OF THE UNITED STATES ARE REQUIRED TO BE RECEIVED BY THE TREASURER IN ACCORDANCE WITH SECTION 305 OF THE REVISED STATUTES. DEPOSITORS ARE ENTITLED TO FINAL RECEIPTS FOR THE AMOUNTS SO DEPOSITED. TEMPORARY RECEIPTS GIVEN SUBJECT TO FURTHER VERIFICATION OF THE AMOUNTS ARE NOT ACCEPTABLE AS RELIEVING THE DEPOSITOR FROM FURTHER ACCOUNTABILITY AS TO THE AMOUNTS REMITTED FOR DEPOSIT. 1930: REFERENCE IS MADE TO OFFICE LETTER OF JULY 30. ACKNOWLEDGMENT OF DEPOSITS IN CURRENCY IS REVIEWED AND THERE ARE POINTED OUT MATTERS OF CONVENIENCE THAT APPARENTLY ARE PERMITTED TO PREVAIL AGAINST THE ADOPTION OF THE RULE THAT ALL DEPOSITS OF CURRENCY BE VERIFIED AT TIME OF DELIVERY AND FINAL CERTIFICATES ISSUED THEREFOR.

A-26527, MARCH 14, 1930, 9 COMP. GEN. 405

PUBLIC FUNDS - RECEIPTS FOR DEPOSITS IN THE TREASURY MONEYS FOR DEPOSIT IN THE TREASURY OF THE UNITED STATES ARE REQUIRED TO BE RECEIVED BY THE TREASURER IN ACCORDANCE WITH SECTION 305 OF THE REVISED STATUTES, AND DEPOSITORS ARE ENTITLED TO FINAL RECEIPTS FOR THE AMOUNTS SO DEPOSITED, WITHOUT QUALIFICATION AS TO LATER VERIFICATION. TEMPORARY RECEIPTS GIVEN SUBJECT TO FURTHER VERIFICATION OF THE AMOUNTS ARE NOT ACCEPTABLE AS RELIEVING THE DEPOSITOR FROM FURTHER ACCOUNTABILITY AS TO THE AMOUNTS REMITTED FOR DEPOSIT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MARCH 14, 1930:

REFERENCE IS MADE TO OFFICE LETTER OF JULY 30, 1929, RELATIVE TO THE ALLEGED SHORTAGE OF $520 IN THE DEPOSIT OF SURPLUS MONEY ORDER FUNDS MADE BY W. M. MOONEY, POSTMASTER, WASHINGTON, D.C., CERTIFICATE NO. 646, DATED NOVEMBER 20, 1928, AND TO YOUR REPLY THERETO OF AUGUST 21, 1929, WHEREIN THE PROCEDURE IN THE TREASURER'S OFFICE FOR THE RECEIPT, COUNT, AND ACKNOWLEDGMENT OF DEPOSITS IN CURRENCY IS REVIEWED AND THERE ARE POINTED OUT MATTERS OF CONVENIENCE THAT APPARENTLY ARE PERMITTED TO PREVAIL AGAINST THE ADOPTION OF THE RULE THAT ALL DEPOSITS OF CURRENCY BE VERIFIED AT TIME OF DELIVERY AND FINAL CERTIFICATES ISSUED THEREFOR, EXCEPT THAT---

IN ANY PARTICULAR CASE WHERE THE DEPOSITOR MAY WISH TO WITNESS THE VERIFICATION OF HIS DEPOSIT, EVEN THOUGH IT CONTAIN A GREAT NUMBER OF ITEMS, THE OPPORTUNITY TO DO SO WILL BE ACCORDED. * * *

UNDER SECTION 305, REVISED STATUTES, A DEPOSITOR IS ENTITLED TO A RECEIPT FROM THE TREASURER FOR ALL MONEYS DEPOSITED THEREUNDER, AND THE TREASURY DEPARTMENT RECOGNIZES SUCH RIGHT, STIPULATING ONLY THAT THE DEPOSITOR INDICATE A WISH TO HAVE IMMEDIATE VERIFICATION OF HIS DEPOSIT. "RECEIPT" SHOULD BE AN ACKNOWLEDGMENT THAT THE AMOUNT OF CASH STATED HAS BEEN RECEIVED WITHOUT QUALIFICATION--- A FINAL RECEIPT. TEMPORARY RECEIPTS, SUCH AS THOSE SUBJECT TO COUNT OR LATER VERIFICATION OF THE AMOUNT DEPOSITED, MAY NOT BE ACCEPTED BY THE ACCOUNTING OFFICERS AS RELIEVING THE DEPOSITOR. THOSE CLAIMING CREDIT FOR DEPOSIT WITH THE TREASURER OF THE UNITED STATES OF MONEYS RECEIVED IN THEIR OFFICIAL CAPACITY MUST SUBMIT RECEIPTS AS WILL FULLY ACQUIT THEM FROM FURTHER ACCOUNTABILITY, AND DEFINITELY BIND THE TREASURER AS TO THE AMOUNTS SO DEPOSITED.

TO THE EXTENT THAT THE DEPOSITS INCLUDE CHECKS, ETC., FOR COLLECTION, THIS OFFICE RECOGNIZES THE NECESSITY OF HAVING THE RECEIPTS SHOW THE CHARACTER OF THE DEPOSITS AND THAT SAME ARE ACCEPTED "SUBJECT TO COLLECTION" AND IN PROPER CASES WHERE THE DEPOSITOR HAS NOT RECEIPTED FOR THE CHECKS, ETC., AS PAYMENT OF THE OBLIGATION, AND NO MATERIAL RIGHT OR INTEREST OF THE UNITED STATES HAS BEEN SURRENDERED, CREDIT MAY BE ALLOWED IN THE DEPOSITORS' ACCOUNTS FOR THE AMOUNTS OF CHECKS, ETC., RETURNED BECAUSE COLLECTION COULD NOT BE READILY EFFECTED THROUGH BANKING CHANNELS.

I THINK YOU WILL AGREE THAT AN ACCOUNTABLE OFFICER CAN DO NO LESS THAN REQUIRE A "FINAL ECEIPT" FOR MONEYS OF THE UNITED STATES AT THE TIME OF SURRENDERING POSSESSION THEREOF TO ANOTHER, WITHOUT INVOLVING HIS PERSONAL AND BONDED RESPONSIBILITY, AND THAT THIS OFFICE MAY NOT CREDIT LOSSES OF SUCH MONEYS EXCEPT PURSUANT TO LAW CLEARLY DIRECTING SUCH ACTION. WHILE THERE IS NO PURPOSE TO DIRECT TREASURY DEPARTMENT PROCEDURE AS TO ACCEPTING AND RECEIPTING FOR MONEYS REQUIRED TO BE DEPOSITED WITH THE TREASURER OF THE UNITED STATES, A MATTER DEEMED TO BE ADMINISTRATIVE IN THE FIRST INSTANCE, THERE IS A DUTY HERE TO POINT OUT TO ACCOUNTABLE OFFICERS THAT THE SURRENDERING OF SUCH MONEYS BY THEM MUST BE TREATED AS A MATTER OF THEIR PERSONAL AND INDIVIDUAL CONCERN AND THAT CREDIT MAY NOT, IN THE ABSENCE OF SPECIFIC STATUTE SO DIRECTING, BE ALLOWED FOR DIFFERENCES BETWEEN AMOUNTS CLAIMED TO HAVE BEEN DEPOSITED AND THE AMOUNTS ACKNOWLEDGED IN THE FINAL RECEIPTS GIVEN THEREFOR.