B-152318, SEP. 3, 1963

B-152318: Sep 3, 1963

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MOBILE AND OHIO RAILROAD COMPANY: WE HAVE RECEIVED YOUR LETTER OF AUGUST 14. YOUR CLAIMS WERE DISALLOWED ON THE GROUNDS THAT THEY WERE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS. PAID. "/K) SHALL HAVE AUTHORITY TO MAKE FINAL AND CONCLUSIVE SETTLEMENT AND ADJUSTMENT OF ANY CLAIMS BY OR AGAINST THE CORPORATION OR THE ACCOUNTS OF ITS FISCAL OFFICERS.'. WE HAVE NO ALTERNATIVE OTHER THAN TO DENY JURISDICTION IN THIS MATTER. A COMPANION BILL TO S. 1322 WHICH WAS ENACTED AS THE COMMODITY CREDIT CORPORATION CHARTER ACT.

B-152318, SEP. 3, 1963

TO THE GULF, MOBILE AND OHIO RAILROAD COMPANY:

WE HAVE RECEIVED YOUR LETTER OF AUGUST 14, 1963, AUDIT BILL NO. W 77382- X, IN WHICH YOU, IN EFFECT, REQUEST REVIEW BY THE COMPTROLLER GENERAL OF THE DISALLOWANCE BY COMMODITY CREDIT CORPORATION OF YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE ON SHIPMENTS WHICH MOVED IN 1956 AND PRIOR THERETO. YOUR CLAIMS WERE DISALLOWED ON THE GROUNDS THAT THEY WERE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS.

OUR OFFICE HAS NO AUTHORITY TO CONSIDER YOUR CLAIM ON THE MERITS. THE COMMODITY CREDIT CORPORATION CHARTER ACT, 15 U.S.C. 714B (J) AND (K), PROVIDES THAT THE CORPORATION---

"/J) SHALL DETERMINE THE CHARACTER OF AND THE NECESSITY FOR ITS OBLIGATIONS AND EXPENDITURES AND THE MANNER IN WHICH THEY SHALL BE INCURRED, ALLOWED, AND PAID.

"/K) SHALL HAVE AUTHORITY TO MAKE FINAL AND CONCLUSIVE SETTLEMENT AND ADJUSTMENT OF ANY CLAIMS BY OR AGAINST THE CORPORATION OR THE ACCOUNTS OF ITS FISCAL OFFICERS.'

IN VIEW OF THE QUOTED STATUTORY PROVISIONS, WE HAVE NO ALTERNATIVE OTHER THAN TO DENY JURISDICTION IN THIS MATTER. SEE ALSO SKINNER AND EDDY CORPORATION V. MCCARL, 275 U.S. 1; AND PAGES 11 AND 12 OF HOUSE OF REPRESENTATIVES REPORT NO. 1790, 80TH CONGRESS, 2ND SESSION, ON H.R. 6263, A COMPANION BILL TO S. 1322 WHICH WAS ENACTED AS THE COMMODITY CREDIT CORPORATION CHARTER ACT.