A-73777, JUNE 18, 1936, 15 COMP. GEN. 1114

A-73777: Jun 18, 1936

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000 FOR ALLEGED UNNECESSARY DAMAGE TO PRIVATE PROPERTY BY GOVERNMENT PERSONNEL IN THE PERFORMANCE OF DUTY INVOLVING THE REMOVAL OF AN ILLICIT STILL IS FOR CONSIDERATION AS INVOLVING NEGLIGENCE BY THE HEAD OF THE DEPARTMENT CONCERNED UNDER THE ACT OF DECEMBER 28. AUTHORIZING THE REPORTING TO THE CONGRESS OF DESERVING CASES FOR PAYMENT OF WHICH EXISTING APPROPRIATIONS ARE NOT AVAILABLE. THERE WAS TRANSMITTED TO THIS OFFICE FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF APRIL 10. ALLEGED TO HAVE BEEN CAUSED BY INVESTIGATORS OF THE ALCOHOL TAX UNIT ON OCTOBER 2. UNDER WHICH IT IS SUGGESTED THE CLAIM BE CONSIDERED AND REPORTED TO CONGRESS BY THIS OFFICE. PROVIDES: THAT WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE.

A-73777, JUNE 18, 1936, 15 COMP. GEN. 1114

CLAIMS - DAMAGES TO PRIVATE PROPERTY - NEGLIGENCE OF GOVERNMENT PERSONNEL A CLAIM FOR LESS THAN $1,000 FOR ALLEGED UNNECESSARY DAMAGE TO PRIVATE PROPERTY BY GOVERNMENT PERSONNEL IN THE PERFORMANCE OF DUTY INVOLVING THE REMOVAL OF AN ILLICIT STILL IS FOR CONSIDERATION AS INVOLVING NEGLIGENCE BY THE HEAD OF THE DEPARTMENT CONCERNED UNDER THE ACT OF DECEMBER 28, 1922, 42 STAT. 1066, AND NOT BY THE COMPTROLLER GENERAL OF THE UNITED STATES UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, AUTHORIZING THE REPORTING TO THE CONGRESS OF DESERVING CASES FOR PAYMENT OF WHICH EXISTING APPROPRIATIONS ARE NOT AVAILABLE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JUNE 18, 1936:

BY LETTER OF THE DEPUTY COMMISSIONER OF INTERNAL REVENUE DATED MARCH 4, 1936, FILE AT:423 NO-618, THERE WAS TRANSMITTED TO THIS OFFICE FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF APRIL 10, 1928, 45 STAT. 413, THE CLAIM OF ALEXANDER W. MEIER, 3419 EAST ONE HUNDRED AND THIRTY- SEVENTH STREET, CLEVELAND, OHIO, FOR $513.95 ON ACCOUNT OF DAMAGE TO PROPERTY LOCATED AT 2644 EAST SEVENTY-THIRD STREET, CLEVELAND, OHIO, ALLEGED TO HAVE BEEN CAUSED BY INVESTIGATORS OF THE ALCOHOL TAX UNIT ON OCTOBER 2, 1935, WHILE IN THE PROCESS OF REMOVING AN ILLICIT DISTILLERY FROM THE PREMISES.

THE ACT OF APRIL 10, 1928, UNDER WHICH IT IS SUGGESTED THE CLAIM BE CONSIDERED AND REPORTED TO CONGRESS BY THIS OFFICE, PROVIDES:

THAT WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM OR DEMAND IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, HE SHALL SUBMIT THE SAME TO THE CONGRESS BY A SPECIAL REPORT CONTAINING THE MATERIAL FACTS AND HIS RECOMMENDATION THEREON.

SUCH CLAIM, IF ANY, AS THERE MAY BE IN THIS CASE IS BASED UPON THE GROUND THAT THE GOVERNMENT'S OFFICERS, EMPLOYEES, OR AGENTS, IN THE PERFORMANCE OF THEIR DUTY IN DESTROYING OR REMOVING AN ILLICIT STILL UNNECESSARILY DAMAGED THE CLAIMANT'S PROPERTY. A CLAIM BASED ON SUCH GROUND, THAT IS, NEGLIGENCE, IS FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF DECEMBER 28, 1922 (42 STAT. 1066), WHICH CONFERS UPON THE HEAD OF EACH DEPARTMENT AND ESTABLISHMENT ACTING ON BEHALF OF THE GOVERNMENT OF THE UNITED STATES AUTHORITY---

* * * TO CONSIDER, ASCERTAIN, ADJUST, AND DETERMINE ANY CLAIM ACCRUING AFTER APRIL 6, 1917, ON ACCOUNT OF DAMAGES TO OR LOSS OF PRIVATELY OWNED PROPERTY WHERE THE AMOUNT OF THE CLAIM DOES NOT EXCEED $1,000, CAUSED BY THE NEGLIGENCE OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT. * * * AND DIRECTS THAT SUCH AMOUNT AS MAY BE FOUND DUE TO ANY CLAIMANT BE CERTIFIED TO THE CONGRESS AS A LEGAL CLAIM FOR PAYMENT OUT OF ANY APPROPRIATION THAT MAY BE MADE BY THE CONGRESS THEREFOR, TOGETHER WITH A BRIEF STATEMENT OF THE CHARACTER OF EACH CLAIM, THE AMOUNT CLAIMED, AND THE AMOUNT ALLOWED.

SINCE THE FOREGOING PROVISION OF LAW MAKES IT THE DUTY OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED TO ADJUST AND DETERMINE CLAIMS OF THE CHARACTER OF THE ONE HERE IN QUESTION, AND CONTEMPLATES THE CERTIFYING TO THE CONGRESS BY THE HEAD OF THE DEPARTMENT CONCERNED OF THE AMOUNT FOUND DUE ON SUCH CLAIMS, THE CLAIM IN THIS MATTER IS NOT FOR CONSIDERATION BY THIS OFFICE UNDER THE PROVISIONS OF THE ACT OF APRIL 10, 1928. ACCORDINGLY, THE PAPERS PERTAINING THERETO ARE TRANSMITTED FOR SUCH ACTION AS YOU MAY DEEM TO BE WARRANTED UNDER THE PROVISIONS OF THE ACT OF DECEMBER 28, 1922.