A-64225, OCTOBER 4, 1935, 15 COMP. GEN. 268

A-64225: Oct 4, 1935

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A DISBURSING OFFICER IS LIABLE FOR PAYMENTS. NOTWITHSTANDING THE CHECKS WERE DRAWN IN ACCORDANCE WITH THE PAY ROLLS AS ADMINISTRATIVELY CERTIFIED TO HIM FOR PAYMENT. 1935: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE IMPROPER ISSUANCE AND NEGOTIATION OF CIVILIAN CONSERVATION CORPS CHECKS NOS. 46703 AND 67813. IT IS REPORTED THAT THE ENROLLEE. THAT IN THE CERTIFICATION OF THE ROLLS FOR THE MONTHS OF AUGUST AND SEPTEMBER 1933 FOR PAYMENT BY THE DISBURSING OFFICER THE NAME OF THE ALLOTTEE WAS INCORRECTLY STATED THEREON AS MRS. ON THE BASIS OF WHICH ADMINISTRATIVE CERTIFICATION THE SUBJECT CHECKS WERE ISSUED ON VOUCHERS NOS. 8 AND 42 OF THE SEPTEMBER AND OCTOBER 1933 ACCOUNTS. THAT SAID CHECKS WERE RECEIVED IN NORWAY AT THE ADDRESS STATED THEREON BY A PERSON HAVING THE SAME NAME AS THE PAYEE NAMED IN THE CHECKS WHO NEGOTIATED THEM AND OBTAINED THE PROCEEDS THEREUNDER.

A-64225, OCTOBER 4, 1935, 15 COMP. GEN. 268

ALLOTMENT CHECKS - CIVILIAN CONSERVATION CORPS - ALLOTTEES RESIDENT IN A FOREIGN COUNTRY THE REGULATIONS RELATING TO THE CIVILIAN CONSERVATION CORPS PROHIBITING ALLOTMENTS TO RESIDENTS OF FOREIGN COUNTRIES, A DISBURSING OFFICER IS LIABLE FOR PAYMENTS, REPRESENTING ALLOTMENTS OF ENROLLEES OF THE CIVILIAN CONSERVATION CORPS, MADE TO A PERSON RESIDING IN A FOREIGN COUNTRY, NOTWITHSTANDING THE CHECKS WERE DRAWN IN ACCORDANCE WITH THE PAY ROLLS AS ADMINISTRATIVELY CERTIFIED TO HIM FOR PAYMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, OCTOBER 4, 1935:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE IMPROPER ISSUANCE AND NEGOTIATION OF CIVILIAN CONSERVATION CORPS CHECKS NOS. 46703 AND 67813, EACH IN THE AMOUNT OF $22.50 DRAWN SEPTEMBER 1 AND OCTOBER 2, 1933, RESPECTIVELY, TO THE ORDER OF MRS. ANTON O. ANDERSON, TOTEN KAP, NORWAY, BY J. P. TILLMAN, FINANCE OFFICER, UNITED STATES ARMY, FORT SNELLING, MINN., UNDER HIS DISBURSING SYMBOL NO. 229-071.

IT IS REPORTED THAT THE ENROLLEE, ANTON O. ANDERSON, SERIAL NO. VCC7 9115, COMPANY NO. 1774, V.C.C., VIRGINIA, MINN., DESIGNATED AS ALLOTTEE HIS MOTHER, HELENE BAAKIND, TOTEN KAP, NORWAY; THAT IN THE CERTIFICATION OF THE ROLLS FOR THE MONTHS OF AUGUST AND SEPTEMBER 1933 FOR PAYMENT BY THE DISBURSING OFFICER THE NAME OF THE ALLOTTEE WAS INCORRECTLY STATED THEREON AS MRS. ANTON O. ANDERSON, TOTEN KAP, NORWAY, ON THE BASIS OF WHICH ADMINISTRATIVE CERTIFICATION THE SUBJECT CHECKS WERE ISSUED ON VOUCHERS NOS. 8 AND 42 OF THE SEPTEMBER AND OCTOBER 1933 ACCOUNTS, RESPECTIVELY; THAT SAID CHECKS WERE RECEIVED IN NORWAY AT THE ADDRESS STATED THEREON BY A PERSON HAVING THE SAME NAME AS THE PAYEE NAMED IN THE CHECKS WHO NEGOTIATED THEM AND OBTAINED THE PROCEEDS THEREUNDER; AND THAT SAID PERSON WHO THUS WRONGFULLY OBTAINED THE PROCEEDS OF THE CHECKS IS UNABLE TO MAKE RESTITUTION.

IN VIEW OF THE FACTS AND CIRCUMSTANCES UNDER WHICH THE SUBJECT CHECKS WERE DRAWN AND NEGOTIATED THERE APPEARS NO LEGAL BASIS FOR OBTAINING REFUND FROM THE ENDORSERS THROUGH USUAL RECLAMATION PROCEEDINGS. 6 COMP. GEN. 532.

THE ACT OF MARCH 31, 1933, 48 STAT. 22, WAS ENACTED "FOR THE PURPOSE OF RELIEVING THE ACUTE CONDITION OF WIDESPREAD DISTRESS AND UNEMPLOYMENT NOW EXISTING IN THE UNITED STATES," AND THE AUTHORITY OF THE PRESIDENT UNDER THIS ACT WAS EXTENDED TO MARCH 31, 1937, UNDER SECTION 14 OF THE ACT OF APRIL 8, 1935, 49 STAT. 119. WAR DEPARTMENT REGULATION DATED SEPTEMBER 30, 1933, RELATING TO THE CIVILIAN CONSERVATION CORPS, WHICH IS UNDERSTOOD TO EMBODY IN PAMPHLET FORM, ALL PRIOR REGULATIONS IN LOOSE-LEAF FORM AND OTHERWISE, WITH CERTAIN ADDITIONS AND MODIFICATIONS, PROVIDES UNDER SECTION 22 (B) (2) THAT:

* * *: NO ALLOTMENT WILL BE PAID TO AN ALLOTTEE RESIDENT IN A FOREIGN COUNTRY.

THIS REGULATION HAS BEEN CARRIED FORWARD IN SUBSEQUENT ISSUES OF THE REGULATIONS AND APPEARS TO EMBODY THE APPARENT INTENT OF THE ACT, SUPRA, THAT PAYMENT OF CIVILIAN CONSERVATION CORPS FUNDS SHOULD BE FOR THE PURPOSE OF RELIEVING UNEMPLOYMENT AND DISTRESS OF PERSONS RESIDING IN THIS COUNTRY. NOTWITHSTANDING, THEREFORE, THAT THE DISBURSING OFFICER DREW THE SUBJECT CHECKS HERE IN ACCORDANCE WITH THE PAY ROLLS AS ADMINISTRATIVELY CERTIFIED TO HIM FOR PAYMENT, THE FACT THAT THE ADDRESS OF THE ALLOTTEE WAS SHOWN ON THE ROLL TO BE IN A FOREIGN COUNTRY WAS OR SHOULD HAVE BEEN SUFFICIENT TO PUT HIM ON NOTICE THAT SUCH ALLOTMENT WAS NOT PROPERLY FOR PAYMENT UNDER THE REGULATIONS. IN SUCH CIRCUMSTANCES THE DISBURSING OFFICER IS NOT RELIEVED OF LIABILITY FOR THE IMPROPER PAYMENT HERE, DESPITE THE ERRONEOUS CERTIFICATION OF THE ALLOTTEE'S NAME. 4 COMP. GEN. 991; 13 ID. 469.

IN THE COURSE OF THE EXAMINATION OF THE TWO PAY ROLLS (NOS. 8 AND 42) ON WHICH THE SUBJECT CHECKS WERE ISSUED IT IS NOTED THAT TWO OTHER ALLOTMENT CHECKS IN THE CASE OF RICHARD HANNULA, SERIAL NO. VCC7-9025, WERE DRAWN TO AN ALLOTTEE RESIDING IN A FOREIGN COUNTRY, NAMELY, FIIUNA HANNULA, NIEMEN- -- K JURVA, WASSAN--- L FINLAND, EUROPE, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TABLE

CHECK NO. DATE AMOUNT VOUCHER NO.

46753 ---------------- SEPT. 1, 1933 $22.50 8

67850 ---------------- OCT. 2, 1933 22.50 42

PAYMENT OF THE FOUR CHECKS MENTIONED HEREIN HAVING BEEN MADE CONTRARY TO THE REGULATIONS AND THE APPARENT INTENT OF THE ACT, CREDIT FOR THE AMOUNT OF SAID CHECKS WILL BE DISALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICER. SIMILAR ACTION WILL BE TAKEN IN ALL LIKE CASES. 13 COMP. GEN. 469.