A-64407, OCTOBER 22, 1935, 15 COMP. GEN. 323

A-64407: Oct 22, 1935

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THERE IS NOTED A STATEMENT IN BOTH LETTERS AS FOLLOWS: I HEREBY PROTEST AGAINST THIS REJECTION FOR THE REASON THAT NO NOTICE OF THE PASSAGE OF ANY SUCH LAW AS STATED IN YOUR LETTER HAS EVER BEEN GIVEN TO ME FROM ANY DEPARTMENT OF THE GOVERNMENT. YOU ARE CHARGEABLE WITH KNOWLEDGE OF THE LAW AND FAILURE OF ANY DEPARTMENT OF THE GOVERNMENT TO INFORM YOU THEREOF FURNISHES NO REASON WHICH WOULD AUTHORIZE THIS OFFICE TO ALLOW YOUR CLAIMS. SHALL BE APPLICABLE AND PAYABLE ONLY WHEN AN ACCOUNT THEREFOR IS RENDERED BY THE COMMISSIONER WITHIN ONE YEAR AFTER THE RENDITION OF SUCH SERVICES. THE ACCOUNTS ARE FOR SERVICES RENDERED DURING QUARTERS ENDING OCTOBER 31. APPARENTLY WERE RECEIVED IN THE DEPARTMENT OF JUSTICE ON NOVEMBER 21.

A-64407, OCTOBER 22, 1935, 15 COMP. GEN. 323

FEES - UNITED STATES COMMISSIONER - CLAIMS NOT FILED WITHIN STATUTORY PERIOD IGNORANCE OF THE PASSAGE OF THE LAW SET OUT IN 47 STAT. 1383, REQUIRING CLAIMS FOR AMOUNTS REPRESENTING FEES FOR SERVICES RENDERED AS A UNITED STATES COMMISSIONER TO BE FILED WITHIN ONE YEAR AFTER THE RENDITION OF SUCH SERVICES, AND FAILURE OF ANY DEPARTMENT OF THE GOVERNMENT TO INFORM A CLAIMANT OF SUCH LAW, FURNISHES NO REASON FOR ALLOWANCE OF CLAIMS FILED SUBSEQUENT TO THE PRESCRIBED PERIOD.

COMPTROLLER GENERAL MCCARL TO CHARLES M. BALL, UNITED STATES COMMISSIONER, OCTOBER 22, 1935:

THERE HAS BEEN RECEIVED YOUR TWO LETTERS OF JULY 12, 1935; ONE PROTESTING THE REJECTION OF YOUR CLAIM NO. 0217441 FOR $29.75, REPRESENTING FEES FOR SERVICES RENDERED AS UNITED STATES COMMISSIONER, NORTHERN DISTRICT OF OHIO, DURING THE QUARTER ENDED JANUARY 31, 1934, AND ONE PROTESTING THE REJECTION OF YOUR CLAIM NO. 1217441 (D.J. NO. 46954), IN THE AMOUNT OF $102.15, COVERING FEES FOR SERVICES RENDERED AS A UNITED STATES COMMISSIONER FOR THE NORTHERN DISTRICT OF OHIO DURING THE QUARTER ENDING OCTOBER 31, 1933.

THERE IS NOTED A STATEMENT IN BOTH LETTERS AS FOLLOWS:

I HEREBY PROTEST AGAINST THIS REJECTION FOR THE REASON THAT NO NOTICE OF THE PASSAGE OF ANY SUCH LAW AS STATED IN YOUR LETTER HAS EVER BEEN GIVEN TO ME FROM ANY DEPARTMENT OF THE GOVERNMENT, AND I HAD NO KNOWLEDGE THAT THE ACCOUNTS SHOULD BE FILED WITHIN A PERIOD OF ONE YEAR FROM RENDITION OF SERVICES. I DO NOT TAKE IT THAT THE GOVERNMENT WISHES TO REFUSE PAYMENT FOR SERVICES JUSTLY RENDERED.

YOU ARE CHARGEABLE WITH KNOWLEDGE OF THE LAW AND FAILURE OF ANY DEPARTMENT OF THE GOVERNMENT TO INFORM YOU THEREOF FURNISHES NO REASON WHICH WOULD AUTHORIZE THIS OFFICE TO ALLOW YOUR CLAIMS, REGARDLESS OF THE LAW SET OUT IN 47 STAT. 1383, AS FOLLOWS:

* * * THAT THE STATUTORY FEES OF UNITED STATES COMMISSIONERS FOR SERVICES RENDERED AFTER JUNE 30, 1933, SHALL BE APPLICABLE AND PAYABLE ONLY WHEN AN ACCOUNT THEREFOR IS RENDERED BY THE COMMISSIONER WITHIN ONE YEAR AFTER THE RENDITION OF SUCH SERVICES.

THE ACCOUNTS ARE FOR SERVICES RENDERED DURING QUARTERS ENDING OCTOBER 31, 1933, AND JANUARY 31, 1934, AND APPARENTLY WERE RECEIVED IN THE DEPARTMENT OF JUSTICE ON NOVEMBER 21, 1934, AND MAY 29, 1935, RESPECTIVELY, OR MORE THAN 1 YEAR AFTER THE SERVICES WERE RENDERED. ACCORDINGLY, PAYMENT OF YOUR CLAIMS FOR THE AMOUNT OF THESE ACCOUNTS IS NOT AUTHORIZED AND DISALLOWANCE THEREOF MUST BE AND IS SUSTAINED.