A-57389, MARCH 2, 1935, 14 COMP. GEN. 676

A-57389: Mar 2, 1935

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THERE ARE NO KNOWN CREDITORS OR RELATIVES. AS SUCH IS REQUIRED TO DEPOSIT THE CASH EFFECTS. THE OTHER EFFECTS OF THE DECEDENT HAVING A SUBSTANTIAL VALUE ARE REQUIRED TO BE SAFEGUARDED BY THE DEPARTMENT UNDER WHOSE JURISDICTION THE DECEDENT WAS RECEIVING TREATMENT AT TIME OF DEATH UNTIL CALLED FOR BY PROPER CLAIMANTS. IN WHICH EVENT THE FUNDS THUS DERIVED ARE FOR DEPOSITING INTO THE TREASURY AS IN THE CASE OF CASH EFFECTS. 1935: REFERENCE IS MADE TO THE 3RD INDORSEMENT OF THE ADJUTANT GENERAL. ANTONE OLSEN WAS CERTIFIED AS A MEMBER FOR CCC BY MAY MCELLIGOTT. B. HE WAS SENT TO LETTERMAN GENERAL HOSPITAL. WHERE HE WAS HOSPITALIZED FOR ADVANCED CIRRHOSIS OF THE LIVER WHICH WAS HELD TO BE NOT THE RESULT OF HIS OWN MISCONDUCT.

A-57389, MARCH 2, 1935, 14 COMP. GEN. 676

DISPOSITION OF PERSONAL EFFECTS - DECEASED CIVILIAN CONSERVATION CORPS MEMBERS WHERE A DISCHARGED MEMBER OF THE CIVILIAN CONSERVATION CORPS DIES WHILE RECEIVING HOSPITAL TREATMENT IN AN ARMY HOSPITAL, AS AUTHORIZED BY REGULATIONS, AND THERE ARE NO KNOWN CREDITORS OR RELATIVES, THE GOVERNMENT BECOMES THE TRUSTEE OF DECEDENT'S FUNDS UNDER SECTION 20 (A) OF THE ACT OF JUNE 26, 1934, 48 STAT. 1233, AND AS SUCH IS REQUIRED TO DEPOSIT THE CASH EFFECTS--- INCLUDING PROCEEDS OF ASSETS HAVING A DEFINITE AND FIXED VALUE SUCH AS POSTAL SAVINGS CERTIFICATES--- INTO THE TREASURY AS TRUST FUNDS WITH APPROPRIATE TITLE--- THE FUNDS TO BE HELD THERE PENDING THE FILING OF A PROPER CLAIM THEREFOR. THE OTHER EFFECTS OF THE DECEDENT HAVING A SUBSTANTIAL VALUE ARE REQUIRED TO BE SAFEGUARDED BY THE DEPARTMENT UNDER WHOSE JURISDICTION THE DECEDENT WAS RECEIVING TREATMENT AT TIME OF DEATH UNTIL CALLED FOR BY PROPER CLAIMANTS, OR UNTIL CONVERTED INTO MONEY, IN WHICH EVENT THE FUNDS THUS DERIVED ARE FOR DEPOSITING INTO THE TREASURY AS IN THE CASE OF CASH EFFECTS-- THERE BEING NO LAW UNDER WHICH THE GENERAL ACCOUNTING OFFICE MAY RECEIVE OR ACT AS CUSTODIAN OR CARETAKER OF SUCH EFFECTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MARCH 2, 1935:

REFERENCE IS MADE TO THE 3RD INDORSEMENT OF THE ADJUTANT GENERAL, DATED AUGUST 20, 1934, FILE AG 095, OLSEN, ANTONE (7-20-34) MISC., TRANSMITTING FOR MY CONSIDERATION AND ACTION THE PERSONAL EFFECTS OF THE LATE ANTONE OLSEN, FORMERLY A LOCAL EXPERIENCED WOODSMAN, SERIAL NO. CC-9-6124, CO. 916, CCC, ATWELL MILL, SNP-4, SEQUOIA NATIONAL PARK, CALIFORNIA.

THE FINAL REPORT OF THE SUMMARY COURT, HEADQUARTERS, PRESIDIO OF SAN FRANCISCO, CALIF., DATED JANUARY 20, 1934, NARRATES THE PERTINENT FACTS AS FOLLOWS:

A. ANTONE OLSEN WAS CERTIFIED AS A MEMBER FOR CCC BY MAY MCELLIGOTT, OF MARIPOSA COUNTY, CALIFORNIA, JUNE 18TH, 1933, AND ENROLLED AT 11 MI MEADOW, Y.N.P., CALIFORNIA.

B. HE WAS SENT TO LETTERMAN GENERAL HOSPITAL, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, ARRIVING ON FEBRUARY 22, 1934, WHERE HE WAS HOSPITALIZED FOR ADVANCED CIRRHOSIS OF THE LIVER WHICH WAS HELD TO BE NOT THE RESULT OF HIS OWN MISCONDUCT.

C. HE WAS DISCHARGED FROM THE CCC APRIL 14, 1934, AT PRESIDIO OF SAN FRANCISCO, CALIFORNIA, BY CAPTAIN THOMAS G. POLAND, 30TH INFANTRY, COMMANDING CCC CASUAL DETACHMENT, BECAUSE OF PHYSICAL DISABILITY EXISTING PRIOR TO ENROLLMENT UNDER THE PROVISIONS OF PAR. 62B, WD REGULATIONS (CCC), DATED SEPTEMBER 30TH, 1933.

D. HE REMAINED IN LETTERMAN GENERAL HOSPITAL AS A CCC MEMBER REQUIRING HOSPITALIZATION AFTER DISCHARGE, UNTIL HE DIED AT 1:45 P.M., JULY 11, 1934, FROM CANCER OF THE STOMACH.

E. HIS RECORDS INDICATE THAT HE WAS BORN IN CHRISTANCE, NORWAY, IN 1876, AND BECAME A CITIZEN OF THE UNITED STATES AT DULUTH, MINNESOTA, IN 1908.

F. DYING STATEMENTS OF DECEASED AND SUBSEQUENT INQUIRIES INDICATE THAT THE DECEASED HAD NO LIVING RELATIVES OR DEPENDENTS AT THE TIME OF DEATH. (EXHIBITS "A" AND "B" ATTACHED.)

G. THERE BEING NO LEGAL HEIR IN THIS CASE VALUABLES AND TRINKETS IN THE POSSESSION OF THE DECEASED AT THE TIME OF DEATH ARE ATTACHED HERETO AND ARE LISTED IN THE ATTACHED W.D., A.G.O., FORM 54.

THE EFFECTS IN QUESTION ARE ITEMIZED ON W.D., A.G.O. FORM NO. 54 AS FOLLOWS:

1 WATCH, YELLOW METAL, OPEN FACE, WALTHAM.

1 BILLFOLD, LEATHER, CONTAINING MISCELLANEOUS PAPERS.

1 CERTIFICATE OF DISCHARGE FROM CIVILIAN CONSERVATION CORPS.

6 POSTAL SAVINGS CERTIFICATES, ACCOUNT NO. 789:

C-256127, $5.00.

C-255881, $5.00.

D-263590, $10.00.

E-320162, $20.00.

E-320228, $20.00.

F-235949, $50.00. $104.62 PER ATTACHED RECEIPT MAJOR H. G.

FOSTER, FINANCE DEPARTMENT, FINANCE OFFICER, FORT MASON,

CALIFORNIA. NOTE:--- CLOTHING HAVING NO SALE VALUE WAS DONATED

TO CHARITABLE ORGANIZATION.

THE EFFECTS DESCRIBED IN THE ABOVE LIST APPEAR TO HAVE BEEN FORWARDED TO THIS OFFICE UPON THE RECOMMENDATION OF THE CHIEF OF FINANCE PER INDORSEMENT DATED AUGUST 11, 1934, READING AS FOLLOWS:

1. IT IS RECOMMENDED THAT THESE PAPERS, TOGETHER WITH THE EFFECTS AS LISTED, BE TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 26, C.C.C. REGULATIONS, MARCH 6, 1934, AND THE 112TH ARTICLE OF WAR.

PARAGRAPH 26 OF THE C.C.C. REGULATIONS REFERRED TO IN THE ABOVE QUOTED INDORSEMENT PROVIDES:

IN CASE OF DEATH OR INJURY OF MEMBERS OF THE CIVILIAN CONSERVATION CORPS ON DUTY, ACTION WILL BE TAKEN SIMILAR TO THE ACTION IN CASE OF DEATH OR INJURY OF ENLISTED MEN * * *.

THE 112TH ARTICLE OF WAR ALSO REFERRED TO IN THE QUOTED INDORSEMENT, SUPRA, PROVIDES THE MANNER IN WHICH THE EFFECTS OF DECEASED PERSON SUBJECT TO MILITARY LAW SHALL BE DISPOSED OF. IN THIS CONNECTION, HOWEVER, SEE ACT OF FEBRUARY 21, 1931, 46 STAT. 1203, WITH RESPECT TO THE DISPOSITION OF EFFECTS COMING WITHIN THE PROVISIONS OF THE SAID ARTICLE.

ENROLLEES IN THE CIVILIAN CONSERVATION CORPS, ORGANIZED UNDER THE PROVISIONS OF THE ACT OF MARCH 31, 1933, 48 STAT. 22, AND PURSUANT TO EXECUTIVE ORDERS NOS. 6101 AND 6129, DATED APRIL 5 AND MAY 11, 1933, ARE NOT SUBJECT TO THE ARTICLES OF WAR AND THE REGULATIONS IN RESPECT TO THE DISPOSITION OF EFFECTS OF DECEASED MILITARY PERSONNEL ARE NOT FOR APPLICATION IN THE CASE OF DECEASED MEMBERS OF THE CIVILIAN CONSERVATION CORPS.

SECTION 20 (A), OF THE ACT OF JUNE 26, 1934, 48 STAT. 1233, PROVIDES AS FOLLOWS:

THE FUNDS APPEARING ON THE BOOKS OF THE GOVERNMENT AND LISTED IN SUBSECTIONS (B) AND (C) OF THIS SECTION SHALL BE CLASSIFIED ON THE BOOKS OF THE TREASURY AS TRUST FUNDS. ALL MONEYS ACCRUING TO THESE FUNDS ARE HEREBY APPROPRIATED, AND SHALL BE DISBURSED IN COMPLIANCE WITH THE TERMS OF THE TRUST. HEREAFTER MONEYS RECEIVED BY THE GOVERNMENT AS TRUSTEE ANALOGOUS TO THE FUNDS NAMED IN SUBSECTIONS (B) AND (C) OF THIS SECTION, NOT OTHERWISE HEREIN PROVIDED FOR, EXCEPT MONEYS RECEIVED BY THE COMPTROLLER OF THE CURRENCY OR THE FEDERAL DEPOSIT INSURANCE CORPORATION, SHALL LIKEWISE BE DEPOSITED INTO THE TREASURY AS TRUST FUNDS WITH APPROPRIATE TITLE, AND ALL AMOUNTS CREDITED TO SUCH TRUST-FUND ACCOUNTS ARE HEREBY APPROPRIATED AND SHALL BE DISBURSED IN COMPLIANCE WITH THE TERMS OF THE TRUST: * * * PROVIDED FURTHER, THAT ON JUNE 30 OF EACH YEAR THERE SHALL BE TRANSFERRED TO THE TRUST FUND RECEIPT ACCOUNT DIRECTED TO BE ESTABLISHED IN SECTION 17 OF THIS ACT, SUCH PORTION OF THE BALANCES IN ANY TRUST-FUND ACCOUNT HEREINBEFORE OR HEREAFTER LISTED OR ESTABLISHED, EXCEPT THE BALANCES IN THE ACCOUNTS LISTED IN SUBSECTION (C) OF THIS SECTION, WHICH HAVE BEEN IN ANY SUCH FUND FOR MORE THAN ONE YEAR AND REPRESENT MONEYS BELONGING TO INDIVIDUALS WHOSE WHEREABOUTS ARE UNKNOWN, AND SUBSEQUENT CLAIMS THEREFOR SHALL BE DISBURSED FROM THE TRUST FUND RECEIPT ACCOUNT "UNCLAIMED MONEYS OF INDIVIDUALS WHOSE WHEREABOUTS ARE UNKNOWN," DIRECTED TO BE ESTABLISHED IN SECTION 17 OF THIS ACT.

INASMUCH AS THE DECEDENT HERE DIED ON JULY 11, 1934, WHILE RECEIVING HOSPITAL TREATMENT FROM THE WAR DEPARTMENT, AS AUTHORIZED UNDER EXISTING REGULATIONS (SECTION 76 C.C.C. REGULATIONS), AND THERE BEING NO KNOWN RELATIVES OR CREDITORS OF SAID DECEDENT, IT MAY BE SAID THAT UNDER THE STATUTE, SUPRA, THE GOVERNMENT BECOMES THE TRUSTEE OF THE DECEDENT'S FUNDS AND AS SUCH IS DIRECTED TO DEPOSIT THE DECEDENT'S MONEY INTO THE TREASURY AS TRUST FUNDS WITH APPROPRIATE TITLE--- THE FUNDS ARE TO BE HELD THERE PENDING THE FILING OF A PROPER CLAIM THEREFOR. IN THIS CONNECTION THERE HAS ALREADY BEEN SET UP UPON THE BOOKS OF THE TREASURY AND THIS OFFICE A TRUST FUND ACCOUNT ENTITLED "ESTATES OF DECEASED ENROLLED MEMBERS, CIVILIAN CONSERVATION CORPS"--- (RECEIPT TITLE 8951--- APPROPRIATION TITLE 8T156/--- INTO WHICH ACCOUNT ARE DEPOSITED UNCLAIMED MONEYS BELONGING TO ESTATES OF DECEASED MEMBERS OF THE CIVILIAN CONSERVATION CORPS. WITH RESPECT TO THE SUM OF $104.62, INCLUDED AMONG THE PERSONAL EFFECTS LISTED ABOVE, IT HAS BEEN REPORTED THAT DEPOSIT OF THAT AMOUNT WAS MADE INTO THE TREASURY BY THE DISBURSING OFFICER, H. G. FOSTER, ON AUGUST 2, 1934, CD NO. 3, TO THE CREDIT OF THE FUND REFERRED TO.

IN RESPECT OF THE DECEDENT'S EFFECTS OTHER THAN MONEY, THERE IS NO LAW UNDER WHICH THIS OFFICE MAY RECEIVE OR ACT AS CUSTODIAN OR CARETAKER THEREOF. HOWEVER, HAVING IN VIEW THE DEFINITE CASH VALUE OF THE POSTAL SAVINGS CERTIFICATES AND THE DESIRABILITY OF AFFORDING MAXIMUM PROTECTION TO THAT CLASS OF ASSETS, THE SAID CERTIFICATES ARE THIS DAY BEING TRANSMITTED TO THE THIRD ASSISTANT POSTMASTER GENERAL WITH REQUEST THAT THEY BE CANCELED (SEE SECTION 1619 POSTAL LAWS AND REGULATIONS, 1932) AND THE AMOUNT THEREOF DEPOSITED TO THE CREDIT OF THE SPECIAL FUND ABOVE REFERRED TO--- INTO WHICH THE ENROLLEE'S CASH WAS DEPOSITED AS HERETOFORE STATED--- WHICH MONEYS WILL REMAIN ON DEPOSIT IN THE TREASURY UNTIL PROPER CLAIM IS FILED THEREFOR.

THE OTHER EFFECTS HERE MAY BE OF SUBSTANTIAL VALUE WITH RESPECT TO WHICH THERE IS AN OBLIGATION ON THE PART OF YOUR DEPARTMENT--- UNDER WHOSE JURISDICTION THE ENROLLEE WAS BEING HOSPITALIZED AT THE TIME OF HIS DEATH- -- TO PROPERLY SAFEGUARD THEM UNTIL CALLED FOR BY PROPER CLAIMANTS OR UNTIL THEY MAY OTHERWISE BE DISPOSED OF, AND IF SUBSEQUENTLY CONVERTED INTO MONEY THROUGH APPROPRIATE PROCEEDINGS, SUCH MONEY WOULD LIKEWISE BE FOR DEPOSITING TO THE CREDIT OF THE FUND HERETOFORE MENTIONED.

IN VIEW OF THE FOREGOING, THE PERSONAL EFFECTS OF THE LATE ANTONE OLSEN, DECEASED, MEMBER OF THE CIVILIAN CONSERVATION CORPS, TRANSMITTED HERE BY YOUR DEPARTMENT, ARE RETURNED--- EXCEPT THE POSTAL SAVINGS CERTIFICATES WHICH WILL BE DISPOSED OF AS HEREIN STATED--- FOR YOUR PROPER SAFEKEEPING AND/OR DISPOSITION THEREOF AS EXISTING LAWS AND REGULATIONS OR PRACTICE WILL PERMIT.