A-32541, JULY 23, 1930, 10 COMP. GEN. 35

A-32541: Jul 23, 1930

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TO BE COLLECTED FOR EACH PASSPORT ISSUED IS BOTH FOR A SERVICE RENDERED AND A PRIVILEGE GRANTED. WHEN SAID FEE IS PAID AT THE TIME OF FILING OF THE APPLICATION FOR A PASSPORT. NO PASSPORT IS ISSUED ON ACCOUNT OF THE APPLICANT HAVING MADE OTHER ARRANGEMENTS. 1930: THERE HAVE BEEN RECEIVED YOUR LETTERS OF MAY 9. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO INSTRUCT THE RESPECTIVE AMERICAN CONSULS GENERAL AT NAPLES AND LONDON TO REFUND $9 COLLECTED FROM MISS ROSA MARTELLO ON APRIL 2. FOR PASSPORTS WHICH WERE NEVER ISSUED. - I HAVE THE HONOR TO REFER TO THE APPLICATIONS FOR PASSPORTS MADE AT THIS CONSULATE GENERAL ON JUNE 21. UPON WHICH THE $10 FEES WERE PAID. AS THEIR PLANS WERE CHANGED AND THEY DID NOT REQUIRE PASSPORTS AT THAT TIME.

A-32541, JULY 23, 1930, 10 COMP. GEN. 35

CONSULAR SERVICE - REFUND OF PASSPORT FEES THE $9 FEE REQUIRED BY SECTION 1 OF THE ACT OF JUNE 4, 1920, 41 STAT. 750, TO BE COLLECTED FOR EACH PASSPORT ISSUED IS BOTH FOR A SERVICE RENDERED AND A PRIVILEGE GRANTED, AND WHEN SAID FEE IS PAID AT THE TIME OF FILING OF THE APPLICATION FOR A PASSPORT, BUT NO PASSPORT IS ISSUED ON ACCOUNT OF THE APPLICANT HAVING MADE OTHER ARRANGEMENTS, THE FEE THUS PAID MAY BE REFUNDED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JULY 23, 1930:

THERE HAVE BEEN RECEIVED YOUR LETTERS OF MAY 9, 1930, AND MAY 29, 1930 (FILE FA-130, MARTELLO, ROSA), AND LETTER OF MAY 21, 1930 (FILE FA-130, JONES, ROBERT T.) WITH INCLOSURES RELATIVE THERETO, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO INSTRUCT THE RESPECTIVE AMERICAN CONSULS GENERAL AT NAPLES AND LONDON TO REFUND $9 COLLECTED FROM MISS ROSA MARTELLO ON APRIL 2, 1925, AT THE AMERICAN CONSULATE AT NAPLES, AND $18 COLLECTED FROM ROBERT T. JONES AND HIS WIFE, FLORENCE PHILLIPS JONES, ON JUNE 21, 1927, AT THE AMERICAN CONSULATE AT LONDON, FOR PASSPORTS WHICH WERE NEVER ISSUED.

YOU STATE WITH REFERENCE TO THE FEE COLLECTED FROM MISS MARTELLO, NOW DECEASED, THAT---

IT APPEARS THAT MISS MARTELLO MADE APPLICATION FOR AN AMERICAN PASSPORT FOR RETURN TO THE UNITED STATES ON APRIL 2, 1925; THAT SHE PAID THE AMOUNT OF TEN DOLLARS FOR SUCH APPLICATION AND PASSPORT AND THAT SHE SUBSEQUENTLY DECIDED NOT TO RETURN TO THE UNITED STATES, AND MARRIED MR. ALESSANDRO COLANGELO, WHO NOW REQUESTS REFUND OF THE AMOUNT OF NINE DOLLARS PAID BY HIS WIFE, NOW DECEASED.

IN REFERENCE TO THE FEES COLLECTED FROM MR. AND MRS. JONES, IT APPEARS FROM A COPY OF THE LETTER OF APRIL 11, 1930, FROM THE AMERICAN CONSUL GENERAL AT LONDON, THAT---

I HAVE THE HONOR TO REFER TO THE APPLICATIONS FOR PASSPORTS MADE AT THIS CONSULATE GENERAL ON JUNE 21, 1927, BY ROBERT T. JONES AND HIS WIFE FLORENCE PHILLIPS JONES, UPON WHICH THE $10 FEES WERE PAID, BUT THE PASSPORTS NEVER ISSUED AS THE APPLICANTS FAILED TO SUBMIT PHOTOGRAPHS.

ON APRIL 8, 1930, MR. JONES MADE A NEW APPLICATION FOR A PASSPORT, AND HAVING PAID AN ADDITIONAL $10 IN CONNECTION THEREWITH, REQUESTS A REFUND OF THE PASSPORT FEES PAID BY HIMSELF AND HIS WIFE ON JUNE 21, 1927. STATES THAT HE AND HIS WIFE DID NOT FOLLOW UP THEIR PREVIOUS APPLICATION, AS THEIR PLANS WERE CHANGED AND THEY DID NOT REQUIRE PASSPORTS AT THAT TIME.

PREVIOUS DECISIONS OF THIS OFFICE HAVE DEALT WITH REFUNDS OF FEES IMPROPERLY COLLECTED AS A RESULT OF ERROR OR NEGLECT ON THE PART OF THE OFFICERS OR EMPLOYEES OF THE CONSULATES AND WITH THOSE CASES WHERE THROUGH NEGLECT ON THE PART OF OR ACCIDENT TO THE ALIEN THE PASSPORT HAS BEEN LOST OR NO USE HAS BEEN MADE OF THE VISA. IN THE FORMER TYPE OF CASES IT HAS BEEN UNIFORMLY HELD THAT THE FEES COLLECTED MAY BE REFUNDED, THE PRINCIPLE INVOLVED BEING THAT THE FEE EXACTED IS FOR BOTH A SERVICE RENDERED AND A PRIVILEGE GRANTED, AND THAT THE UNITED STATES SHOULD NOT RETAIN THE FEE WHEN THROUGH FAULT OF ITS OFFICERS OR EMPLOYEES THE SERVICE IS DEFECTIVE, WITH CONSEQUENT FAILURE OF THE PRIVILEGE. SEE 3 COMP. GEN. 115. IN THE LATTER CLASS OF CASES WHERE THE APPLICANT IS RESPONSIBLE FOR THE FAILURE TO OBTAIN THE BENEFITS FROM THE FEES PAID THE DECISIONS HAVE BEEN TO THE EFFECT THAT THE FEES MAY NOT BE REFUNDED. HOWEVER, IT IS TO BE NOTED THAT WHERE DECISIONS HAVE BEEN RENDERED IN THESE VARIOUS TYPES OF CASES THE PASSPORTS HAD BEEN ACTUALLY ISSUED TO THE APPLICANT; THAT IS, THE SERVICE FOR WHICH THE FEE WAS COLLECTED HAD BEEN RENDERED.

IN THE SUBMITTED CASES, WHILE THE APPLICATIONS HAD BEEN MADE FOR PASSPORTS NONE HAD BEEN ISSUED FOR THE REASON THAT THE APPLICANTS HAD IN THE MEANTIME MADE OTHER ARRANGEMENTS SUBSEQUENT TO THE FILING OF SAID APPLICATIONS.

SECTION 1 OF THE ACT OF JUNE 4, 1920, 41 STAT. 750, PROVIDES THAT:

FROM AND AFTER THE 1ST DAY OF JULY, 1920, THERE SHALL BE COLLECTED AND PAID INTO THE TREASURY OF THE UNITED STATES QUARTERLY A FEE OF $1 FOR EXECUTING EACH APPLICATION FOR A PASSPORT AND $9 FOR EACH PASSPORT ISSUED

IN THE CASES HERE INVOLVED NO PASSPORTS WERE ISSUED, CONSEQUENTLY NO SERVICE WAS RENDERED NOR PRIVILEGE CONFERRED FOR THE $9 FEES PAID BY THE APPLICANTS. CLEARLY THE INTENTION OF THE STATUTE IS THAT NO FEE FOR A PASSPORT SHALL BE COLLECTED UNLESS THE PASSPORT IS ACTUALLY ISSUED. THEREFORE REFUND MAY BE MADE BY THE CONSULS CONCERNED, WHO SHOULD TAKE A RECEIPT THEREFOR AND CLAIM CREDIT IN THEIR ACCOUNTS CURRENT FOR SAID SUMS. SEE DECISION TO YOU OF AUGUST 21, 1928, A 24113.