B-69985 June 10, 1948

B-69985: Jun 10, 1948

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I have the honor to make the following report and recommendation concerning the claim of Harry Fuchs. For refund of certain amounts alleged to have been paid for property purchased from the United States Marine Detachment. Which property was never delivered to Mr. It appears from the record that the following listed items were purchased and paid for by Mr. 282 It appears further that all items with the exception of the truck and barracks and hospital equipment valued at $559 were delivered to and removed by Mr. That one of the conditions of the sale of the retained items were that said items would remain in the possession of the Government until such time as the Marines were evacuated from Tientain.

B-69985 June 10, 1948

The Congress;

Pursuant to the act of April 10, 1926, 45 Stat. 415, I have the honor to make the following report and recommendation concerning the claim of Harry Fuchs, a resident of Tientain, China, for refund of certain amounts alleged to have been paid for property purchased from the United States Marine Detachment, Tientain, China, on or about December 5, 1941, but which property was never delivered to Mr. Fuchs by the Government.

It appears from the record that the following listed items were purchased and paid for by Mr. Fuchs at auction sales held on December 1 and December 5, 1941, at Tientain, China:

1. Truck 299 2. Barracks equipment 360 3. Hospital equipment 200 4. Garage implements and tools 340 5. Oil and kerosene 85 _____ Total $1,282

It appears further that all items with the exception of the truck and barracks and hospital equipment valued at $559 were delivered to and removed by Mr. Fuchs at the time of sale, and that one of the conditions of the sale of the retained items were that said items would remain in the possession of the Government until such time as the Marines were evacuated from Tientain, at which time the purchaser would be permitted to take delivery thereof. However, on December 8, 1941, prior to delivery thereof, the Japanese military authorities occupied the United States Marine barracks, thereby precluding delivery of the items not theretofore received by Mr. Fuchs.

While Mr. Fuchs originally claimed the sum of $2,349 as representing the value of the total articles purchased by him and not delivered, he has been advised that there appears no basis, wither legal or equitable for the favorable consideration of a claim in the amount or even in the amount of $1,282 shown to represent the total recorded purchases made by him. He has been advised further that notwithstanding the apparent merits of his claim to the extent of $859, since the record fails to show the deposit of such sum or any part thereof in the Treasury of the United States, refund thereof, in the absence of an appropriation therefor by the Congress, legally is precluded by statutory law.

Mr. Fuchs now has expressed his willingness to accept the sum of $859 in full and final settlement of his claim with respect to the matter and in view of all the facts and circumstances present therein, his claim for that amount contains, in my judgment, such elements of equity as to be deserving of the consideration of the Congress. Accordingly, I recommend to the Congress that an appropriation in the amount of $859 be made for payment of the claim.

If the Congress should agree with my recommendation in this matter, it is suggested that the enactment of a statute in substantially the following form will accomplish that purpose:

"Be it enacted in the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and has hereby is, authorized and directed to settle and adjust the claim of Harry Fuchs for refund of certain amounts paid for property purchased from the United States Marine Detachment, Tientain, China, on or about December 5, 1941, but which property was never delivered to Mr. Fuchs by the Government and to allow in full and final settlement of the claim the amount of not to exceed $859. There is hereby appropriated the sum of $859, or so much thereof as may be necessary for the payment of the said claim."

Respectfully,

Comptroller General of the United States