B-134880, MAR. 3, 1958

B-134880: Mar 3, 1958

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THE CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED MAY 12. FOR THE REASON THAT THE RECORDS INDICATE THE CHECK WAS NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES AND MR. SIMS' CLAIM FOR ITS AMOUNT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK AND THUS WAS BARRED UNDER THE PROVISIONS OF THE ACT OF JUNE 22. BE FILED HERE BEFORE RECOGNITION WILL BE EXTENDED TO SUCH ATTORNEY. THIS REQUIREMENT WILL BE WAIVED IN THE INSTANT CASE. INFORMAL ADVICE RECEIVED FROM THE CIVIL SERVICE COMMISSION DISCLOSES THAT THE ABOVE-DESCRIBED CHECK WAS ISSUED PURSUANT TO THE CLAIMANT'S APPLICATION DATED JANUARY 18. WAS NOT RECEIVED IN THIS OFFICE UNTIL FEBRUARY 10.

B-134880, MAR. 3, 1958

TO MR. SIDNEY WALDMAN:

BY LETTERS DATED DECEMBER 18, 1957, AND JANUARY 14, 1958, YOU ADVISE THAT YOUR OFFICE REPRESENTS MR. WILEY SIMS, 740 POPLAR GROVE STREET, BALTIMORE 16, MARYLAND, IN THE MATTER OF HIS CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT CHECK NO. 19,995,428, DATED FEBRUARY 28, 1946, FOR $291.23, DRAWN TO THE ORDER OF WILEY SIMS BY E. J. BRENNAN, SYMBOL NO. 200.

THE CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED MAY 12, 1955, FOR THE REASON THAT THE RECORDS INDICATE THE CHECK WAS NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES AND MR. SIMS' CLAIM FOR ITS AMOUNT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK AND THUS WAS BARRED UNDER THE PROVISIONS OF THE ACT OF JUNE 22, 1926, AS AMENDED, 31 U.S.C., 1952 ED., 122. YOUR LETTERS CONSTITUTE A REQUEST FOR RECONSIDERATION OF THE CLAIM ON THE STATED PREMISE THAT MR. SIMS HAS NEVER RECEIVED THE ABOVE-DESCRIBED CHECK OR ANY OTHER CHECK.

IF A CLAIMANT WISHES TO BE REPRESENTED IN MATTERS BEFORE THE GENERAL ACCOUNTING OFFICER, OUR PROCEDURES GENERALLY REQUIRE THAT A PROPER POWER OF ATTORNEY, EXECUTED BY THE CLAIMANT IN FAVOR OF THE NAMED ATTORNEY, BE FILED HERE BEFORE RECOGNITION WILL BE EXTENDED TO SUCH ATTORNEY. HOWEVER, THIS REQUIREMENT WILL BE WAIVED IN THE INSTANT CASE.

INFORMAL ADVICE RECEIVED FROM THE CIVIL SERVICE COMMISSION DISCLOSES THAT THE ABOVE-DESCRIBED CHECK WAS ISSUED PURSUANT TO THE CLAIMANT'S APPLICATION DATED JANUARY 18, 1946. HIS ALLEGATION OF NONRECEIPT AND CLAIM FOR THE PROCEEDS OF THE CHECK, ON THE REVERSE SIDE OF UNITED STATES CIVIL SERVICE COMMISSION LETTER TO HIM DATED DECEMBER 14, 1954, WAS NOT RECEIVED IN THIS OFFICE UNTIL FEBRUARY 10, 1955. THAT WAS MORE THAN SIX YEARS AFTER THE DATE ON WHICH THE CHECK WAS ISSUED AND MAILED TO THE CLAIMANT. ALSO, THE RECORDS OF THIS OFFICE SHOW THAT THE CHECK HAD BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES.

SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED AND IN EFFECT AT THE TIME HIS CLAIM WAS RECEIVED IN OUR OFFICE, 31 U.S.C. 1952 ED., 122, PROVIDES AS FOLLOWS:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

SINCE THE CHECK WAS ISSUED MORE THAN SIX YEARS BEFORE THE CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE AND IT APPEARING TO HAVE BEEN PAID, THE CLAIM CLEARLY WAS BARRED UNDER THE STATUTE QUOTED. THE CHECK HAS BEEN DESTROYED PURSUANT TO LAW AND IS, THEREFORE, NOT AVAILABLE FOR EXAMINATION OF THE ENDORSEMENT THEREON. IN ANY EVENT, THE ENDORSEMENTS THEREON ARE IMMATERIAL SINCE THE PROVISIONS OF LAW QUOTED CLEARLY ARE APPLICABLE TO HIS CLAIM AND WOULD BAR PAYMENT THEREOF. OUR OFFICE HAS NO AUTHORITY TO WAIVE THE REQUIREMENT OF THE STATUTE. THEREFORE, THE DISALLOWANCE OF THE CLAIM DATED MAY 16, 1955, APPEARS CORRECT AND IS SUSTAINED UPON REVIEW.