A-4034, DECEMBER 11, 1924, 4 COMP. GEN. 526

A-4034: Dec 11, 1924

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WILL BE ALLOWED. 840.99 FOR WHICH VOUCHER IS SUBMITTED WITH RECOMMENDATION THAT IT BE PAID. UNDER THE TERMS OF WHICH 100 COMPLETE SETS EACH OF 10 SEPARATE SERIES OF STUDIES ON VARIOUS TOPICS OF BUSINESS AND GOVERNMENT WERE TO BE PREPARED. WITH EACH OF SAID STUDIES THERE WAS TO BE INCLUDED AND DELIVERED TO THE BUREAU 25 TO 35 ILLUSTRATIVE STEREOPTICON SLIDES FOR EACH LECTURE. AS A FURTHER CONSIDERATION IT WAS AGREED THAT THE SERVICES OF NEWELL DWIGHT HILLIS AS AN INSTRUCTOR IN THESE COURSES WERE TO BE FURNISHED TO INSTRUCT THE TEACHERS IN VOCATIONAL REHABILITATION SCHOOLS IN THE VARIOUS DISTRICTS ESTABLISHED BY THE VETERANS' BUREAU. FOR THIS SERVICE COMPLETE CLAIMANT WAS TO RECEIVE $80 PER STUDY OR A TOTAL SUM OF $80.

A-4034, DECEMBER 11, 1924, 4 COMP. GEN. 526

CONTRACTS - CANCELLATION WHERE THE GOVERNMENT FOR ITS OWN INTEREST ENTERED INTO AN AGREEMENT FOR THE CANCELLATION, PRIOR TO ITS COMPLETION, OF A VALID CONTRACT, AUTHORIZED UNDER AN EXISTING APPROPRIATION AND SAID AGREEMENT CALLED FOR PAYMENT TO THE CONTRACTOR OF A CERTAIN AMOUNT IN FULL SETTLEMENT OF THE CONTRACT, PAYMENT OF THE AMOUNT AGREED UPON, IF NOT IN EXCESS OF THE VALUE OF THE MATERIAL DELIVERED, WILL BE ALLOWED.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 11, 1924:

THE DIRECTOR OF THE UNITED STATES VETERANS' BUREAU HAS TRANSMITTED FOR CONSIDERATION AND DIRECT SETTLEMENT THE CLAIM OF THE BETTER AMERICA LECTURE SERVICE, INC., FOR $10,840.99 FOR WHICH VOUCHER IS SUBMITTED WITH RECOMMENDATION THAT IT BE PAID.

THE CLAIM ARISES OUT OF A CONTRACT APPROVED BY THE DIRECTOR OF THE UNITED STATES VETERANS' BUREAU DATED DECEMBER 13, 1922, ENTERED INTO WITH CLAIMANT CORPORATION, UNDER THE TERMS OF WHICH 100 COMPLETE SETS EACH OF 10 SEPARATE SERIES OF STUDIES ON VARIOUS TOPICS OF BUSINESS AND GOVERNMENT WERE TO BE PREPARED, AND WITH EACH OF SAID STUDIES THERE WAS TO BE INCLUDED AND DELIVERED TO THE BUREAU 25 TO 35 ILLUSTRATIVE STEREOPTICON SLIDES FOR EACH LECTURE; 2,000 BOOKS OF 10 STUDIES COMPLETE, AND 20,000 PAMPHLETS OF ONE STUDY EACH, OR 2,000 FOR EACH STUDY. AS A FURTHER CONSIDERATION IT WAS AGREED THAT THE SERVICES OF NEWELL DWIGHT HILLIS AS AN INSTRUCTOR IN THESE COURSES WERE TO BE FURNISHED TO INSTRUCT THE TEACHERS IN VOCATIONAL REHABILITATION SCHOOLS IN THE VARIOUS DISTRICTS ESTABLISHED BY THE VETERANS' BUREAU, AND FOR THIS SERVICE COMPLETE CLAIMANT WAS TO RECEIVE $80 PER STUDY OR A TOTAL SUM OF $80,000 FOR THE 100 SETS EACH OF THE 10 SEPARATE SERIES OF STUDIES OR LECTURES.

IN APRIL, 1923, A CHANGE IN THE METHOD AND POLICIES OF THE BUREAU WAS ADOPTED, AND THE FEATURE OF THE VISUAL INSTRUCTION OF THE TRAINEES CONTEMPLATED UNDER THIS CONTRACT WAS ABANDONED, AND CLAIMANT WAS NOTIFIED THAT THIS CONTRACT WOULD BE CANCELED, AND THE CLAIM WAS PRESENTED REPRESENTS THE COST OF PREPARATION OF MANUSCRIPT STUDIES, STEREOPTICON SLIDES AND EXPENSES INCURRED IN THE COURSE OF EXECUTING THE CONTRACT UP TO THE TIME OF ITS CANCELLATION BY THE BUREAU. THE MANUSCRIPT LECTURES AND SLIDES HAVE BEEN COMPLETED AND DELIVERED TO THE VETERANS' BUREAU, AND FOUND TO COMPLY WITH THE TERMS OF THE CONTRACT.

THE DIRECTOR OF THE VETERANS' BUREAU IN A LETTER DATED MAY 7, 1924, WITH REFERENCE TO THE CANCELLATION OF THE CONTRACT STATES:

IN APRIL, 1923, IT WAS DETERMINED TO ABANDON THIS PART OF THE VISUAL EDUCATION PROGRAM OF THE VETERANS' BUREAU OWING TO THE EXPENSE THAT SUCH PLAN WOULD ENTAIL IN MAINTAINING AN ORGANIZATION OF SPECIALIZED PERSONNEL TO HANDLE THE LECTURE SERVICE. ACCORDINGLY THE BETTER AMERICA LECTURE SERVICE, INC., WAS INFORMED THAT THE CONTRACT OF DECEMBER 13, 1922, WOULD BE CANCELLED.

UNDER AN ACT APPROVED JUNE 27, 1918, THE FEDERAL BOARD FOR VOCATIONAL EDUCATION WAS CREATED, AND FUNDS WERE PROVIDED "FOR STUDIES, INVESTIGATIONS, REPORTS, AND PREPARATION OF SPECIAL COURSES OF INSTRUCTION, $55,000.'

UNDER AN ACT APPROVED AUGUST 9, 1921, WHICH CREATED THE VETERANS' BUREAU, THE POWERS, DUTIES, AND FUNCTIONS OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION WERE TRANSFERRED TO THE VETERANS' BUREAU. (SEE SECTION 3.) SECTION 8 OF THIS ACT PROVIDES THAT ALL SUMS HERETOFORE APPROPRIATED FOR CARRYING OUT THE PROVISIONS OF THE WAR RISK INSURANCE ACT AND AMENDMENTS THERETO, AND TO CARRY OUT THE PROVISIONS OF THE ACT ENTITLED:

"AN ACT TO PROVIDE FOR VOCATIONAL REHABILITATION AND RETURN TO CIVIL EMPLOYMENT OF DISABLED PERSONS DISCHARGED FROM THE MILITARY OR NAVAL FORCES OF THE UNITED STATES, AND FOR OTHER RPOSES," APPROVED JUNE 27, 1918, AND AMENDMENTS THERETO, SHALL, WHERE UNEXPENDED, BE MADE AVAILABLE FOR THE VETERANS' BUREAU, AND MAY BE EXPENDED IN SUCH MANNER AS THE DIRECTOR DEEMS NECESSARY IN CARRYING OUT THE PROVISIONS OF THIS ACT. * *

THE ACT OF JUNE 12, 1922, 42 STAT. 649, MAKING APPROPRIATION FOR THE EXECUTIVE, AND FOR SUNDRY INDEPENDENT EXECUTIVE BUREAUS, ETC., FOR THE FISCAL YEAR ENDED JUNE 30, 1923, APPROPRIATED THE SUM OF $146,409,188.80 FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE ACT OF JUNE 27, 1918, AS AMENDED, FOR THE VOCATIONAL REHABILITATION AND RETURN TO CIVIL EMPLOYMENT OF DISABLED PERSONS DISCHARGED FROM THE MILITARY OR NAVAL FORCES OF THE UNITED STATES.

THE ACT OF JUNE 27, 1918, AS AMENDED, IMPOSED UPON THE BOARD THE DUTIES OF PROVIDING FOR VOCATIONAL REHABILITATION AND RETURN TO CIVIL EMPLOYMENT OF DISABLED PERSONS DISCHARGED FROM MILITARY AND NAVAL FORCES OF THE UNITED STATES, AND SECTION 5 OF THE ACT MADE IT THE DUTY OF THE BUREAU TO MAKE OR CAUSE TO BE MADE STUDIES, INVESTIGATIONS, AND REPORTS COVERING THE VOCATIONAL REHABILITATION OF THESE DISABLED PERSONS AND THEIR PLACEMENT IN GAINFUL OCCUPATION. (SEE 1 COMP. GEN. 535.)

IT APPEARING THAT THE MAKING OF THE CONTRACT IN QUESTION WAS AUTHORIZED, AND THAT FUNDS WERE AVAILABLE TO MEET SUCH EXPENDITURE, AND THAT THE CANCELLATION OF THE CONTRACT AND SETTLEMENT MADE THEREUNDER BEFORE COMPLETION OF THE SAME WAS IN THE INTEREST OF THE UNITED STATES, NO MORE BEING PAID FOR THAN THE VALUE OF THAT WHICH HAD BEEN DELIVERED, PAYMENT OF THE CLAIM IN THE SUM OF $10,840.99, WHICH HAS BEEN APPROVED BY THE DIRECTOR OF THE VETERANS' BUREAU WILL BE ALLOWED. THE CERTIFICATE OF SETTLEMENT WILL STATE THAT THE CHECK OF THE TREASURER OF THE UNITED STATES ISSUED UPON THE CERTIFICATE AND THE WARRANT IS TO BE ACCEPTED IN FULL SETTLEMENT OF ALL CLAIMS AND DEMAND WHATSOEVER UNDER SAID CONTRACT DATED DECEMBER 13, 1922. (SEE 26 COMP. DEC. 170.)