NOVEMBER 10, 1923, 3 COMP. GEN. 299
Highlights
THE CHARGE AS CERTIFIED AGAINST CLAIMANT ON THE GROUND THAT HIS MOTHER WAS NOT DEPENDENT. THERE WAS POINTED OUT IN RECENT DECISIONS OF THIS OFFICE THAT THE DEPENDENCY OF A MOTHER WAS ONE OF FACT EXISTING INDEPENDENTLY OF THE PRESENCE OR ABSENCE OF CONTRIBUTIONS TO HER SUPPORT BUT THAT THE OFFICER- SON MUST. IT WAS ALSO POINTED OUT IN DECISION OF OCTOBER 31. THAT HIS MOTHER WAS ACTUALLY DEPENDENT UPON HIM FOR SUPPORT AND THAT HE ACTUALLY AND NECESSARILY CONTRIBUTED TO HER REGULARLY MORE THAN ONE-HALF OF A REASONABLE LIVING. THIS CERTIFICATE WAS IN ACCORDANCE WITH 24 COMP. THE PAYMENTS WERE PASSED BY THE AUDITOR FOR THE WAR DEPARTMENT TO THE CREDIT OF THE RESPECTIVE DISBURSING OFFICERS. EXPERIENCE IN THE AUDIT OF ACCOUNTS AND CLAIMS CONVINCED THIS OFFICE THAT IN SOME INSTANCES THE CONCLUSIONS CERTIFIED BY THE OFFICERS WERE NOT IN ACCORDANCE WITH THE FACTS.
NOVEMBER 10, 1923, 3 COMP. GEN. 299
COMMUTATION OF QUARTERS - RENTAL ALLOWANCE - DEPENDENT MOTHER A MOTHER POSSESSING PERSONAL PROPERTY AND INVESTMENTS TOTALING $13,000, BEING SUFFICIENT TO PURCHASE AN ANNUITY AMOUNTING TO MORE THAN ONE-HALF OF A REASONABLE LIVING, CAN NOT BE CONSIDERED DEPENDENT UPON HER SON, AN OFFICER IN THE ARMY, WITHIN THE MEANING OF THE ACTS PROVIDING FOR COMMUTATION OF QUARTERS OR FOR RENTAL ALLOWANCE TO OFFICERS HAVING DEPENDENT PARENTS.
DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 10, 1923:
STUART G. WILDER, CAPTAIN, INFANTRY, REQUESTED OCTOBER 29, 1923, REVIEW OF SETTLEMENT NO. M-1656-W, DATED OCTOBER 4, 1923, CHARGING HIM WITH $1,361.29 AS COMMUTATION OF QUARTERS, HEAT, AND LIGHT RECEIVED DURING THE PERIOD FROM APRIL 16, 1918, TO JUNE 30, 1922, UNDER THE ACT OF APRIL 16, 1918, 40 STAT., 530, AND RENTAL AND SUBSISTENCE ALLOWANCE RECEIVED FOR THE PERIOD FROM JULY 1 TO 31, 1922, UNDER THE ACT OF JUNE 10, 1922, 42 STAT., 628, BY REASON OF AN ALLEGED DEPENDENT MOTHER. THE CHARGE AS CERTIFIED AGAINST CLAIMANT ON THE GROUND THAT HIS MOTHER WAS NOT DEPENDENT.
THERE WAS POINTED OUT IN RECENT DECISIONS OF THIS OFFICE THAT THE DEPENDENCY OF A MOTHER WAS ONE OF FACT EXISTING INDEPENDENTLY OF THE PRESENCE OR ABSENCE OF CONTRIBUTIONS TO HER SUPPORT BUT THAT THE OFFICER- SON MUST, IN FACT, CONTRIBUTE MORE THAN ONE-HALF OF A REASONABLE LIVING UNDER THE ACT OF APRIL 16, 1918, 40 STAT., 530, AND RESPOND TO THE OBLIGATION OF CHIEF SUPPORT UNDER THE ACT OF JUNE 10, 1922, 42 STAT., 628, AS A CONDITION PRECEDENT TO COMMUTATION OF QUARTERS, ETC., UNDER THE ONE STATUTE OR RENTAL AND SUBSISTENCE ALLOWANCE UNDER THE OTHER AND SUBSEQUENT STATUTE. SEE DECISIONS DATED OCTOBER 6, 1923, ON THE CLAIM OF CLARK, AND OCTOBER 19, 1923, ON THE CLAIM OF BEMIS. 3 COMP. GEN., 187, 226. IT WAS ALSO POINTED OUT IN DECISION OF OCTOBER 31, 1923, THAT THE LEGAL, IF ANY, AS WELL AS THE MORAL OBLIGATION TO SUPPORT A DEPENDENT, WIDOWED MOTHER RESTED EQUALLY ON ALL OF HER CHILDREN AND THAT IN THE ABSENCE OF A SHOWING THAT THE OTHER CHILDREN NEGLECTED OR COULD NOT BE COMPELLED TO RESPOND TO THEIR FILIAL DUTY, THE BURDEN OR A SUBSTANTIAL PART OF THE SUPPORT COULD NOT BE PASSED ON TO THE TREASURY THROUGH PAYMENTS OF COMMUTATION OF ALLOWANCES TO ONE SON WHO HAPPENED TO BE AN OFFICER OF THE ARMY. 3 COMP. GEN., 277.
CLAIMANT CERTIFIED ON HIS PAY VOUCHERS CLAIMING COMMUTATION FOR THE PERIOD FROM APRIL 16, 1918, TO JUNE 30, 1922, THAT HIS MOTHER WAS ACTUALLY DEPENDENT UPON HIM FOR SUPPORT AND THAT HE ACTUALLY AND NECESSARILY CONTRIBUTED TO HER REGULARLY MORE THAN ONE-HALF OF A REASONABLE LIVING. THIS CERTIFICATE WAS IN ACCORDANCE WITH 24 COMP. DEC., 686, AND THE PAYMENTS WERE PASSED BY THE AUDITOR FOR THE WAR DEPARTMENT TO THE CREDIT OF THE RESPECTIVE DISBURSING OFFICERS. EXPERIENCE IN THE AUDIT OF ACCOUNTS AND CLAIMS CONVINCED THIS OFFICE THAT IN SOME INSTANCES THE CONCLUSIONS CERTIFIED BY THE OFFICERS WERE NOT IN ACCORDANCE WITH THE FACTS, AND ON JANUARY 20, 1923, THERE WAS PUBLISHED TO THE SERVICES A FORM OF AFFIDAVIT TO BE EXECUTED BY BY ALLEGED DEPENDENT MOTHERS AND PROPERLY VERIFIED, SETTING FORTH THE FACTS BY REASON OF WHICH IT HAD BEEN CERTIFIED DEPENDENCY EXISTED. THE RESULT WAS THAT FACTS WERE DEVELOPED IN SOME CASES WHICH SHOWED A DIFFERENT CONDITION EXISTING THAN THAT TO WHICH CERTIFICATE HAD BEEN MADE.
THE EVIDENCE IN THE INSTANT CASE SHOWS THAT THE MOTHER WAS BORN JANUARY 11, 1869; THAT IN ADDITION TO CLAIMANT SHE HAS TWO MARRIED SONS, ONE A CONSTRUCTION SUPERINTENDENT AND THE OTHER A CAPTAIN IN THE ARMY, AND A MARRIED DAUGHTER; THAT SHE HAS TANGIBLE PERSONAL PROPERTY OF $1,000 AND $12,000 INVESTED IN BONDS; AND THAT SHE RESIDES WITH CLAIMANT AND IS FURNISHED BY HIM WITH SUBSISTENCE, LODGINGS, AND BILLS PAID, ALL OF THE APPROXIMATE VALUE OF $1,440 A YEAR.
IT IS UNNECESSARY AT THIS TIME TO CONSIDER THE OBLIGATION OF THE OTHER TWO SONS AND ONE DAUGHTER TO CONTRIBUTE TO THEIR MOTHER, FOR SHE IS NOT DEPENDENT UPON ANYONE FOR MORE THAN ONE-HALF OF A REASONABLE LIVING NOR FOR HER CHIEF SUPPORT. THE SUM OF $13,000 WHICH THE MOTHER OWNS, EITHER IN CASH OR BONDS, WOULD PURCHASE AN ANNUITY OF APPROXIMATELY $890, WHICH WOULD BE PAID TO HER EACH YEAR DURING THE REMAINDER OF HER LIFE. IT IS OBVIOUS THAT THERE IS NO LEGAL JUSTIFICATION FOR THE UNITED STATES TO ASSUME THE BURDEN OF THE SUPPORT OF A MOTHER THROUGH THE MEDIUM OF COMMUTATION OR ALLOWANCES PAID AN OFFICER-SON IN ORDER THAT THE PRINCIPAL OF HER INVESTMENTS MAY REMAIN INTACT FOR TRANSMISSION TO HER HEIRS OR LEGAL REPRESENTATIVES, THE INVESTMENTS BEING SUFFICIENT TO PURCHASE AN ANNUITY EQUAL TO MORE THAN ONE-HALF OF A REASONABLE LIVING OR SUFFICIENT FOR HER CHIEF SUPPORT.