B-9278, MAR. 8, 1966

B-9278: Mar 8, 1966

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IT APPEARS THAT YOU WERE A CARRIER IN THE NEW YORK. YOU WERE APPREHENDED FOR THEFT OF MAIL MATTER. IT ALSO APPEARS THAT YOU ADMITTED HAVING TAKEN SOME 90 PIECES OF MAIL OVER A PERIOD OF ABOUT TWO YEARS AND INDICATED A WILLINGNESS TO MAKE RESTITUTION SO FAR AS YOU WERE ABLE. YOU ENTERED A PLEA OF GUILTY TO SUCH CHARGE AND WERE SENTENCED BY THE COURT TO SERVE ONE YEAR AND ONE DAY IN A FEDERAL PRISON. NO PROTEST WAS RECEIVED AND THEREAFTER THE AMOUNT OF $137.25 WAS SO APPLIED. NO FURTHER COMMUNICATION FROM YOU WAS RECEIVED UNTIL YOUR PRESENT LETTER WHICH READS IN PART AS FOLLOWS: "BACK IN 1939 I WAS ARRESTED BY POSTAL INSPECTOR. I HAD NO LAWYER AT INSPECTOR QUESTIONING WHICH IS A VIOLATION OF MY CIVIL RIGHTS.

B-9278, MAR. 8, 1966

TO MR. CHRISTIAN GRANNAN:

THIS REFERS TO YOUR LETTER OF FEBRUARY 15, 1966, PERTAINING TO THE DEDUCTION OF THE SUM OF $137.25 MADE IN 1940 FROM FUNDS THEN OTHERWISE DUE YOU FROM THE CIVIL SERVICE RETIREMENT FUND.

IT APPEARS THAT YOU WERE A CARRIER IN THE NEW YORK, NEW YORK, POST OFFICE AND THAT ON MARCH 24, 1939, YOU WERE APPREHENDED FOR THEFT OF MAIL MATTER. IT ALSO APPEARS THAT YOU ADMITTED HAVING TAKEN SOME 90 PIECES OF MAIL OVER A PERIOD OF ABOUT TWO YEARS AND INDICATED A WILLINGNESS TO MAKE RESTITUTION SO FAR AS YOU WERE ABLE. THEREAFTER, ON JUNE 6, 1939, YOU ENTERED A PLEA OF GUILTY TO SUCH CHARGE AND WERE SENTENCED BY THE COURT TO SERVE ONE YEAR AND ONE DAY IN A FEDERAL PRISON, WHICH SENTENCE APPARENTLY YOU SERVED.

THE POST OFFICE DEPARTMENT FOUND YOU RESPONSIBLE FOR LOSSES SUSTAINED BY THE GOVERNMENT IN THE AMOUNT OF $137.25 AND REQUESTED THAT SUCH AMOUNT BE DEDUCTED FROM THE AMOUNT TO YOUR CREDIT IN THE CIVIL SERVICE RETIREMENT FUND IN ORDER TO LIQUIDATE THE INDEBTEDNESS. THE CIVIL SERVICE COMMISSION NOTIFIED YOU OF THAT REQUEST BY LETTER OF JANUARY 24, 1940, AND AFFORDED YOU 30 DAYS IN WHICH TO OBJECT TO THE PROPOSED ACTION. NO PROTEST WAS RECEIVED AND THEREAFTER THE AMOUNT OF $137.25 WAS SO APPLIED.

BY LETTER OF APRIL 20, 1940, AND TWO SUBSEQUENT LETTERS YOU QUESTIONED THE RIGHT OF THE GOVERNMENT TO MAKE SETOFF OF THE AMOUNT IN QUESTION AND ON EACH OCCASION WE REPLIED, THE LAST BEING OUR DECISION OF DECEMBER 23, 1940, B-9278, SETTING FORTH THE BASIS FOR THE ACTION AND CITING DECISIONS OF THE COURTS IN SUPPORT THEREOF.

NO FURTHER COMMUNICATION FROM YOU WAS RECEIVED UNTIL YOUR PRESENT LETTER WHICH READS IN PART AS FOLLOWS:

"BACK IN 1939 I WAS ARRESTED BY POSTAL INSPECTOR, AND CHARGED WITH THEFT. I HAD NO LAWYER AT INSPECTOR QUESTIONING WHICH IS A VIOLATION OF MY CIVIL RIGHTS. I WAS SEIZED AFTER WORKING HOURS. NO ONE SAW ME STEAL PACKAGE. WAS SEIZED WITHOUT SEARCH WARRANT WHICH WAS A VIOLATION OF MY CIVIL RIGHTS.'

IN ADDITION YOU SAY YOU RECEIVED A FULL UNCONDITIONAL PARDON FROM PRESIDENT TRUMAN (WHO SUCCEEDED TO THE PRESIDENCY IN 1945) AND REQUEST REFUND OF THE AMOUNT IN QUESTION.

ANY QUESTION PERTAINING TO VIOLATIONS OF YOUR CIVIL RIGHTS WOULD HAVE BEEN FOR CONSIDERATION BY THE COURT IN CONNECTION WITH YOUR HEARING ON THE CHARGES PREFERRED AND CAN HAVE NO BEARING ON YOUR CIVIL LIABILITY TO THE GOVERNMENT FOR THE LOSSES IT SUSTAINED BY REASON OF YOUR ACTIONS. FURTHER, IT HAS BEEN HELD THAT GENERALLY AN UNCONDITIONAL "PARDON" GOES NO FURTHER THAN TO RESTORE THE ACCUSED TO THE CIVIL RIGHTS AND REMIT THE PENALTY IMPOSED FOR THE PARTICULAR OFFENCE OF WHICH HE WAS CONVICTED SOFAR AS IT REMAINS UNPAID. SEE STATE V. CULLEN, 127 P.2D 257. THUS, THE PARDON GRANTED YOU BY THE PRESIDENT SEVERAL YEARS LATER LIKEWISE DID NOT RELIEVE YOU OF YOUR CIVIL LIABILITY TO THE GOVERNMENT NOR MAY IT SERVE AS A BASIS FOR RETURNING TO YOU OF THE AMOUNT COLLECTED IN SATISFACTION THEREOF. UPON FURTHER REVIEW OF THE MATTER WE MUST ADHERE TO OUR POSITION THAT YOU ARE NOT ENTITLED TO A REFUND OF THE $137.25.