B-128283, JUL. 11, 1956
Highlights
CLAY: WE HAVE RECEIVED FROM GENERAL SERVICES ADMINISTRATION. SAYING THAT ONE SOLOMON BLUE SERVED IN THE CIVIL WAR AND THAT FULL PAYMENT FOR SERVICES RENDERED IN THAT WAR WAS NEVER RECEIVED BY HIM OR BY HIS SON. ASKING WHETHER YOU AND OTHER GRANDCHILDREN OF SOLOMON BLUE ARE ELIGIBLE TO RECEIVE THE AMOUNT WHICH IS DUE AND UNPAID. THE LETTER WAS FORWARDED FOR OUR CONSIDERATION BECAUSE SECTION 305 OF THE ACT OF JUNE 10. ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED. SINCE IT APPEARS THAT WE HAVE PREVIOUSLY CONSIDERED NUMEROUS LETTERS WRITTEN BY YOU. IT MUST BE REITERATED THAT THERE IS FOR APPLICATION THE ACT OF DECEMBER 22. WHICH IS IN PERTINENT PART AS FOLLOWS: "NO CLAIM FOR ARREARS OF PAY.
B-128283, JUL. 11, 1956
TO MRS. LILLIAN C. CLAY:
WE HAVE RECEIVED FROM GENERAL SERVICES ADMINISTRATION, NATIONAL ARCHIVES AND RECORDS SERVICE, YOUR LETTER OF APRIL 11, 1956, SAYING THAT ONE SOLOMON BLUE SERVED IN THE CIVIL WAR AND THAT FULL PAYMENT FOR SERVICES RENDERED IN THAT WAR WAS NEVER RECEIVED BY HIM OR BY HIS SON, SOLLY BLUE, AND ASKING WHETHER YOU AND OTHER GRANDCHILDREN OF SOLOMON BLUE ARE ELIGIBLE TO RECEIVE THE AMOUNT WHICH IS DUE AND UNPAID. YOUR LETTER HAD PREVIOUSLY BEEN IN THE OFFICE OF THE SECRETARY OF THE TREASURY AND THE ADJUTANT GENERAL'S OFFICE, DEPARTMENT OF THE ARMY.
THE LETTER WAS FORWARDED FOR OUR CONSIDERATION BECAUSE SECTION 305 OF THE ACT OF JUNE 10, 1921, 42 STAT. 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.
SINCE IT APPEARS THAT WE HAVE PREVIOUSLY CONSIDERED NUMEROUS LETTERS WRITTEN BY YOU, OR IN YOUR BEHALF, CONCERNING THIS CASE, IT MUST BE REITERATED THAT THERE IS FOR APPLICATION THE ACT OF DECEMBER 22, 1911, 37 STAT. 47, 49, WHICH IS IN PERTINENT PART AS FOLLOWS:
"NO CLAIM FOR ARREARS OF PAY, BOUNTY, OR OTHER ALLOWANCES GROWING OUT OF THE SERVICE OF VOLUNTEERS WHO SERVED IN THE ARMY OF THE UNITED STATES DURING THE CIVIL WAR SHALL BE RECEIVED OR CONSIDERED BY THE ACCOUNTING OFFICERS OF THE TREASURY UNLESS FILED IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON OR BEFORE DECEMBER THIRTY-FIRST, NINETEEN HUNDRED AND TWELVE: * * *"
THE POWERS AND DUTIES OF THE AUDITOR FOR THE WAR DEPARTMENT WERE VESTED IN OUR OFFICE BY SECTION 304 OF THE ACT OF JUNE 10, 1921, 42 STAT. 24.
IN CONSTRUING THE QUOTED ACT, IT WAS HELD BY THE COMPTROLLER OF THE TREASURY, 19 COMP. DEC. 412, THAT CLAIMS ON ACCOUNT OF SERVICES OF AN OFFICER OR ENLISTED MAN OF THE VOLUNTEER ARMY DURING THE CIVIL WAR PENDING AND UNDISPOSED OF IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON DECEMBER 31, 1912, MIGHT BE DISPOSED OF, BUT THE FILING OF SUCH A CLAIM BY A SOLDIER, HIS HEIRS, OR LEGAL REPRESENTATIVES PRIOR TO DECEMBER 31, 1912, DID NOT AUTHORIZE THE AUDITOR TO RECEIVE OR CONSIDER A NEW CLAIM FILED SUBSEQUENT TO THAT DATE BY OTHER HEIRS OR LEGAL REPRESENTATIVES OF THE SOLDIER.
IN OUR REPLIES TO YOUR PRIOR LETTERS AND THE LETTERS WRITTEN IN YOUR BEHALF, IT WAS STATED THAT THE FILES OF OUR OFFICE REVEAL NO RECORD OF ANY CLAIM FILED BY SOLOMON BLUE DURING HIS LIFETIME--- OR BY ANY OTHER PERSON IN HIS CASE AFTER HIS DEATH--- FOR BOUNTY OR ANY OTHER EMOLUMENT ACCRUING ON ACCOUNT OF HIS MILITARY SERVICE. EVEN IF SUCH A CLAIM HAD BEEN FILED, A CLAIM NOW FILED BY ANY GRANDCHILD OF SOLOMON BLUE WOULD BE A NEW CLAIM, WHICH WOULD BE BARRED BY THE PLAIN PROVISIONS OF THE ACT OF DECEMBER 22, 1911. HENCE, THERE IS NO AUTHORITY TO CONSIDER YOUR CLAIM OR ANY OTHER CLAIM THAT MIGHT NOW BE PRESENTED FOR ANY AMOUNT ALLEGED TO BE DUE INCIDENT TO THE SERVICE OF SOLOMON BLUE DURING THE CIVIL WAR. FURTHER CORRESPONDENCE CONCERNING THE MATTER WILL SERVE NO USEFUL PURPOSE.