B-154545, AUG. 6, 1964

B-154545: Aug 6, 1964

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GASSER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 9. 000 WHICH YOU SAY WAS LOANED BY COLONEL NICKLAS VON LOTZEN TO THE UNITED STATES GOVERNMENT DURING THE REVOLUTIONARY WAR. YOUR LETTER WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10. ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED. ARE SUBJECT TO THE PROVISIONS OF THE ACT OF FEBRUARY 12. WHICH HAVE NOT ALREADY BEEN BARRED BY ANY ACT OF LIMITATION. WHILE WE HAVE NO RECORDS SHOWING WHETHER A CLAIM WAS FILED IN THIS CASE PRIOR TO MAY 1. IT IS CONSIDERED APPROPRIATE TO POINT OUT THAT THE ACCOUNTING OFFICERS. LONG HAVE HELD THAT THE FILING OF A CLAIM BY A CLAIMANT.

B-154545, AUG. 6, 1964

TO MR. AND MRS. WILBUR H. GASSER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 9, 1964, TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR $200,000 WHICH YOU SAY WAS LOANED BY COLONEL NICKLAS VON LOTZEN TO THE UNITED STATES GOVERNMENT DURING THE REVOLUTIONARY WAR.

YOUR LETTER WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES, GENERALLY, THAT ALL CLAIMS AND DEMANDS WHATSOEVER 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. CLAIMS OF THE KIND HERE INVOLVED, HOWEVER, ARE SUBJECT TO THE PROVISIONS OF THE ACT OF FEBRUARY 12, 1793, CH. VI, 1 STAT. 301, WHICH PROVIDED PERTINENTLY---

"THAT ALL CLAIMS UPON THE UNITED STATES, FOR SERVICES OR SUPPLIES, OR FOR OTHER CAUSE, MATTER OR THING, FURNISHED OR DONE, PREVIOUS TO THE FOURTH DAY OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-NINE, WHETHER FOUNDED UPON CERTIFICATES, OR OTHER WRITTEN DOCUMENTS FROM PUBLIC OFFICERS, OR OTHERWISE, WHICH HAVE NOT ALREADY BEEN BARRED BY ANY ACT OF LIMITATION, AND WHICH SHALL NOT BE PRESENTED AT THE TREASURY, BEFORE THE FIRST DAY OF MAY, ONE THOUSAND SEVEN HUNDRED AND NINETY-FOUR, SHALL FOREVER AFTER BE BARRED AND PRECLUDED FROM SETTLEMENT OR ALLOWANCE * * *.'

WHILE WE HAVE NO RECORDS SHOWING WHETHER A CLAIM WAS FILED IN THIS CASE PRIOR TO MAY 1, 1794, IT IS CONSIDERED APPROPRIATE TO POINT OUT THAT THE ACCOUNTING OFFICERS, IN CONSTRUING SIMILAR STATUTES, LONG HAVE HELD THAT THE FILING OF A CLAIM BY A CLAIMANT, HIS HEIRS, OR LEGAL REPRESENTATIVES, PRIOR TO THE DATE SPECIFIED IN THE STATUTE, DID NOT AUTHORIZE THE ACCOUNTING OFFICER TO RECEIVE OR CONSIDER A NEW CLAIM FILED AFTER THAT DATE BY OTHER HEIRS OR BY LEGAL REPRESENTATIVES OF THE ORIGINAL CLAIMANT.

ACCORDINGLY, NO CONSIDERATION MAY BE GIVEN YOUR CLAIM BY OUR OFFICE.