B-131194, SEP. 26, 1957

B-131194: Sep 26, 1957

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WAS THE SUBJECT OF OUR LETTER DATED APRIL 4. YOU HAVE RECEIVED A COPY OF OUR LETTER. IT WAS POINTED OUT IN THAT LETTER THAT THE QUESTION OF WHETHER THE CHECKS WERE RECEIVED BY YOU IS NOT NOW CONTROLLING. YOUR CLAIM WAS BARRED FOR THE REASON THAT IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE ISSUANCE OF THE LAST CHECK WHICH WAS DATED MARCH 31. THE DELIVERY OF THE MAIL IS A MATTER ENTIRELY WITHIN THE JURISDICTION OF THE POST OFFICE DEPARTMENT. WE HAVE BEEN INFORMALLY ADVISED BY THE POST OFFICE DEPARTMENT THAT DUE TO THE NUMBER OF YEARS WHICH HAVE TRANSPIRED SINCE THE ISSUANCE AND DELIVERY OF THE CHECKS. - THE FIRST OF WHICH WAS ISSUED ON DECEMBER 31. OUR RECORDS INDICATE THAT THE CHECKS WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES.

B-131194, SEP. 26, 1957

TO MRS. HILDA GEDALY:

YOUR LETTER OF JULY 5, 1957, ADDRESSED TO THE POSTMASTER GENERAL, WASHINGTON, D.C., CONCERNING THE ALLEGED NONRECEIPT OF ALLOTMENT CHECKS DRAWN TO YOUR ORDER HAS BEEN REFERRED HERE FOR REPLY.

YOUR CLAIM FOR THE PROCEEDS OF ALLOTMENT CHECKS DRAWN TO YOUR ORDER DURING THE PERIOD DECEMBER 1943 THROUGH MARCH 1946, INCIDENT TO THE SERVICE OF YOUR SON, ALFRED GEDALY, AS AN ENLISTED MAN IN THE U.S. NAVY,WAS THE SUBJECT OF OUR LETTER DATED APRIL 4, 1957, TO THE HONORABLE PAUL A. FINO, HOUSE OF REPRESENTATIVES. PRESUMABLY, FROM THE CONTENTS OF YOUR LETTER TO THE POSTMASTER GENERAL, YOU HAVE RECEIVED A COPY OF OUR LETTER. IT WAS POINTED OUT IN THAT LETTER THAT THE QUESTION OF WHETHER THE CHECKS WERE RECEIVED BY YOU IS NOT NOW CONTROLLING, SINCE UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, YOUR CLAIM WAS BARRED FOR THE REASON THAT IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE ISSUANCE OF THE LAST CHECK WHICH WAS DATED MARCH 31, 1946.

THE DELIVERY OF THE MAIL IS A MATTER ENTIRELY WITHIN THE JURISDICTION OF THE POST OFFICE DEPARTMENT. IN THAT CONNECTION, WE HAVE BEEN INFORMALLY ADVISED BY THE POST OFFICE DEPARTMENT THAT DUE TO THE NUMBER OF YEARS WHICH HAVE TRANSPIRED SINCE THE ISSUANCE AND DELIVERY OF THE CHECKS--- THE FIRST OF WHICH WAS ISSUED ON DECEMBER 31, 1943--- THAT DEPARTMENT COULD NOT NOW CONDUCT AN INVESTIGATION TO DETERMINE THE RECEIPT OR NONRECEIPT OF THE MAIL.

AS STATED IN OUR LETTER OF APRIL 4, 1957, OUR RECORDS INDICATE THAT THE CHECKS WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN ON YOUR CLAIM MUST BE SUSTAINED.