B-131464, MAY 13, 1957

B-131464: May 13, 1957

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TO THE WESTERN UNION TELEGRAPH COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 18. THERE IS NO APPROPRIATION AVAILABLE FROM WHICH ANY ADDITIONAL AMOUNT MAY BE PAID. CONSIDERATION WILL BE GIVEN TO THE MAKING OF A REPORT TO THE CONGRESS UNDER THE ACT OF APRIL 10. WHICH PROVIDES AS FOLLOWS: "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. IT IS REQUESTED THAT A STATEMENT BE FURNISHED AS TO WHETHER YOU ARE WILLING TO ACCEPT THE SUM OF $7.

B-131464, MAY 13, 1957

TO THE WESTERN UNION TELEGRAPH COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 18, 1957, CONCERNING THE COLLECTION AND EMBEZZLEMENT OF THE WESTERN UNION TELEGRAPH COMPANY FUNDS BY MAE G. LLEWELLYN, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, FORT SHERIDAN, ILLINOIS.

WITH ITS REPORT FORWARDING YOUR CLAIM TO OUR OFFICE THE DEPARTMENT OF THE ARMY TRANSMITTED CHECKS IN THE AMOUNT OF $159.24, REPRESENTING THE BALANCE IN THE SPECIAL DEPOSIT ACCOUNT FOR PAYMENT OF YOUR BILLS, AND $615.20, REPRESENTING UNPAID COMPENSATION DUE THE EMPLOYEE.

OUR CLAIMS DIVISION HAS BEEN INSTRUCTED TO ISSUE A SETTLEMENT IN FAVOR OF YOUR COMPANY IN THE TOTAL AMOUNT OF $774.44 ($159.24 PLUS $615.20) IN PARTIAL PAYMENT OF YOUR CLAIM. THERE IS NO APPROPRIATION AVAILABLE FROM WHICH ANY ADDITIONAL AMOUNT MAY BE PAID. HOWEVER, UPON RECEIPT OF ADDITIONAL INFORMATION WHICH HAS BEEN REQUESTED CONCERNING THE MATTER, CONSIDERATION WILL BE GIVEN TO THE MAKING OF A REPORT TO THE CONGRESS UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, 31 U.S.C. 236, WHICH PROVIDES AS FOLLOWS:

"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.'

AS A PREREQUISITE TO SUCH REPORT, IT IS REQUESTED THAT A STATEMENT BE FURNISHED AS TO WHETHER YOU ARE WILLING TO ACCEPT THE SUM OF $7,643.05 (IN ADDITION TO THE PARTIAL PAYMENT ABOVE REFERRED TO) IN FULL AND FINAL SETTLEMENT OF THE CLAIM IN THE EVENT THE CONGRESS SHOULD AUTHORIZE SETTLEMENT ON THAT BASIS.