A-36840, MAY 28, 1931, 10 COMP. GEN. 527

A-36840: May 28, 1931

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AUTHORIZING THE DESIGNATION AND APPOINTMENT OF DEPUTY DISBURSING CLERKS AND AGENTS OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT BUREAUS IN WASHINGTON HAVE NO APPLICATION TO THE DISBURSING OFFICER OF THE COURT OF CLAIMS SINCE SAID COURT IS NOT A PART OF THE EXECUTIVE BRANCH OF THE GOVERNMENT. THERE IS NO OBJECTION TO THE DESIGNATION AND APPOINTMENT OF AN ASSISTANT DISBURSING OFFICER FOR THE COURT UNDER THE PROVISIONS OF THE TREASURY DEPARTMENT CIRCULAR NO. 423. 1938: I HAVE FOR CONSIDERATION YOUR LETTER OF MAY 22. WHO WAS AUTHORIZED OR EMPOWERED TO DISBURSE THE CONTINGENT FUND OF THE COURT AND TO MAKE THE USUAL MONTHLY. OTHER FINANCIAL REPORTS WHICH ARE PERIODICALLY REQUIRED BY LAW. UP TO THE PRESENT TIME NO SERIOUS CONSEQUENCES HAVE ARISEN FROM THIS CONDITION OF AFFAIRS.

A-36840, MAY 28, 1931, 10 COMP. GEN. 527

ASSISTANT DISBURSING OFFICERS AND AGENTS - COURT OF CLAIMS THE PROVISIONS OF SECTION 8 OF THE ACT OF MARCH 4, 1909, 35 STAT. 1027, AUTHORIZING THE DESIGNATION AND APPOINTMENT OF DEPUTY DISBURSING CLERKS AND AGENTS OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT BUREAUS IN WASHINGTON HAVE NO APPLICATION TO THE DISBURSING OFFICER OF THE COURT OF CLAIMS SINCE SAID COURT IS NOT A PART OF THE EXECUTIVE BRANCH OF THE GOVERNMENT, BUT THERE IS NO OBJECTION TO THE DESIGNATION AND APPOINTMENT OF AN ASSISTANT DISBURSING OFFICER FOR THE COURT UNDER THE PROVISIONS OF THE TREASURY DEPARTMENT CIRCULAR NO. 423, JUNE 2, 1930, IF AUTHORIZED AND APPROVED BY THE COURT.

COMPTROLLER GENERAL MCCARL TO THE CHIEF JUSTICE OF THE UNITED STATES COURT OF CLAIMS, MAY 28, 1938:

I HAVE FOR CONSIDERATION YOUR LETTER OF MAY 22, 1931, AS FOLLOWS:

THIS COURT HAS FROM TIME TO TIME BEEN INCONVENIENCED BECAUSE OF THE FACT THAT THERE HAS NEVER BEEN ANY OFFICIAL OF THE COURT, EXCEPTING THE CHIEF CLERK, WHO WAS AUTHORIZED OR EMPOWERED TO DISBURSE THE CONTINGENT FUND OF THE COURT AND TO MAKE THE USUAL MONTHLY, QUARTERLY, AND OTHER FINANCIAL REPORTS WHICH ARE PERIODICALLY REQUIRED BY LAW.

UP TO THE PRESENT TIME NO SERIOUS CONSEQUENCES HAVE ARISEN FROM THIS CONDITION OF AFFAIRS, BUT IT IS POSSIBLE THAT AT ANY TIME AN EMERGENCY MIGHT ARISE THEREFROM WHICH WOULD CAUSE THE COURT SERIOUS EMBARRASSMENT.

THE AUTHORITY OF THE CHIEF CLERK AS THE DISBURSING OFFICER OF THE COURT'S CONTINGENT FUND IS DERIVED FROM SECTION 247 OF TITLE 28 OF THE JUDICIAL CODE, WHICH PROVIDES AS FOLLOWS:

"THE SAID CLERK SHALL HAVE AUTHORITY, WHEN HE HAS GIVEN BOND AS PROVIDED IN THE PRECEDING SECTION, TO DISBURSE, UNDER THE DIRECTION OF THE COURT, THE CONTINGENT FUND WHICH MAY FROM TIME TO TIME BE APPROPRIATED FOR ITS USE; AND HIS ACCOUNTS SHALL BE SETTLED BY THE GENERAL ACCOUNTING OFFICE IN THE SAME WAY AS THE ACCOUNTS OF OTHER DISBURSING AGENTS OF THE GOVERNMENT ARE SETTLED.'

THIS COMMUNICATION IS FOR THE PURPOSE OF INQUIRING WHETHER IT IS NOT POSSIBLE, UNDER THE PROVISIONS OF THE U.S.C. TITLE 31, SECTION 494 (PAGE 1006), OR SOME OTHER PROVISION OF LAW, FOR THE CHIEF CLERK OF THIS COURT TO AUTHORIZE THE ASSISTANT CLERK, WHO IS THE NEXT RANKING OFFICIAL, TO ACT IN HIS PLACE AND TO DISCHARGE THE DUTIES BY LAW OR REGULATIONS IMPOSED UPON SUCH CHIEF CLERK IN CONNECTION WITH THE FINANCIAL AFFAIRS OF THE COURT. THE ASSISTANT CLERK AT THE PRESENT TIME, BY ORDER OF THE COURT, ACTUALLY DOES PERFORM ALL THE OTHER DUTIES OF THE CHIEF CLERK IN CASE OF THE ABSENCE OR DISABILITY OF THE LATTER.

ANY EARLY REPLY TO THIS COMMUNICATION WILL BE MUCH APPRECIATED * * *.

THE PROVISIONS OF SECTION 494, TITLE 31, U.S. CODE, APPEARING ORIGINALLY AS SECTION 8 OF THE ACT OF MARCH 4, 1909, 35 STAT. 1027, ARE MADE SPECIFICALLY APPLICABLE BY THEIR TERMS TO DISBURSING CLERKS OR AGENTS OF EXECUTIVE DEPARTMENTS, INDEPENDENT BUREAUS, OR OFFICES IN WASHINGTON, AND WOULD APPEAR TO HAVE NO APPLICATION TO THE DISBURSING CLERK OF THE COURT OF CLAIMS SAID COURT NOT BEING, IN A STRICT SENSE, A PART OF THE EXECUTIVE BRANCH OF THE GOVERNMENT.

TO TAKE CARE OF THE MATTER OF APPOINTING ASSISTANT OR DEPUTY DISBURSING OFFICERS IN CASES NOT OTHERWISE SPECIFICALLY PROVIDED BY LAW, THERE WAS ISSUED BY THE TREASURY DEPARTMENT CIRCULAR NO. 423 UNDER DATE OF JUNE 2, 1930, SETTING FORTH THE PROCEDURE IN SUCH CASES, THE MANNER OF APPOINTMENT BY THE DISBURSING OFFICER WITH THE APPROVAL OF THE HEAD OF GOVERNMENTAL AGENCY UNDER WHICH HE IS DISBURSING, THE BOND TO BE GIVEN BY THE ASSISTANT OR DEPUTY DISBURSING OFFICER, ETC. A COPY OF SAID CIRCULAR IS TRANSMITTED FOR YOUR INFORMATION AND GUIDANCE. IF APPROVED BY THE COURT, THERE WOULD APPEAR TO BE NO OBJECTION TO THE APPOINTMENT OR DESIGNATION, PURSUANT TO THE PROVISIONS OF SAID CIRCULAR, OF THE ASSISTANT CLERK TO ACT AS DEPUTY OR ASSISTANT DISBURSING OFFICER FOR AND ON BEHALF OF THE CHIEF CLERK OF THE COURT, FOR SUCH PERIODS AS HE MAY BE ABSENT FROM THE OFFICE OR INCAPACITATED TO PERFORM SUCH DUTIES.