B-154874, AUG. 10, 1964

B-154874: Aug 10, 1964

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THE ONLY INFORMATION OF RECORD IN THIS OFFICE PERTAINING TO YOUR CLAIM IS A COPY OF A VOUCHER WHICH WAS FORWARDED HERE ON JULY 31. WHICH WAS PREPARED ON JANUARY 18. STATES THAT THE PHOTOGRAPHS IN QUESTION WERE DELIVERED BY THE ELLISON PHOTO COMPANY ON APRIL 4. POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IS FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED HERE WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED. THE PRIMARY PURPOSE OF THE ACT IS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. THE LIMITATION PRESCRIBED BY THE 1940 ACT UPON THE CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE.

B-154874, AUG. 10, 1964

TO MR. ALFRED ELLISON:

YOUR LETTER OF JULY 13, 1964, TO MR. ARTHUR C. PERRY, PRESIDENTIAL ASSISTANT, CONCERNING YOUR CLAIM FOR $75 FOR PHOTOGRAPHS OF SALE AT CAMP MABRY, TEXAS, HAS BEEN FORWARDED HERE FOR RECONSIDERATION.

THE ONLY INFORMATION OF RECORD IN THIS OFFICE PERTAINING TO YOUR CLAIM IS A COPY OF A VOUCHER WHICH WAS FORWARDED HERE ON JULY 31, 1963, BY THE GENERAL SERVICES ADMINISTRATION. THIS VOUCHER, WHICH WAS PREPARED ON JANUARY 18, 1949, STATES THAT THE PHOTOGRAPHS IN QUESTION WERE DELIVERED BY THE ELLISON PHOTO COMPANY ON APRIL 4, 1946.

UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A (COPY ENCLOSED) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IS FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED HERE WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED. THE PRIMARY PURPOSE OF THE ACT IS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. THE LIMITATION PRESCRIBED BY THE 1940 ACT UPON THE CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. COMPARE BARTLESVILLEZ INC COMPANY V. MELLON, 56 F.2D 154 AND CARPENTER V. UNITED STATES, 56 F.2D 828. ACCORDINGLY, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NO EXCEPTION MAY BE MADE TO THE PROVISIONS OF THE STATUTE NOR MAY ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED BE GRANTED BY OUR OFFICE.

THEREFORE, CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY THE ABOVE CITED ACT.