B-126386, MAY 27, 1957
Highlights
WAS CANCELED MAY 17. THE PRIMARY REASON FOR THE CANCELLATION WAS THAT CONGRESS DECLINED TO APPROPRIATE THE FUNDS NECESSARY FOR THE DIRECT PAYMENT OF OUR CERTIFICATES OF SETTLEMENT PREPARED IN CONNECTION WITH ALASKA ROAD COMMISSION OVERTIME COMPENSATION CLAIMS. THE LEGISLATIVE ACTION RESULTING IN THE IMPEACHMENT OF OUR SETTLEMENTS AND THE DENIAL OF THE APPROPRIATION OF NECESSARY FUNDS FOR THEIR PAYMENT IS REFLECTED IN HOUSE REPORT NO. 1797 ON THE GENERAL APPROPRIATION BILL. FURNISH ANY BASIS FOR US TO HEAP SETTLEMENT UPON SETTLEMENT REGARDING SOMETHING WHICH IS IN REALITY THE SAME SUBJECT MATTER. WAS DISMISSED ON NOVEMBER 5.
B-126386, MAY 27, 1957
TO MR. DANILO J. PANKOVICH:
LETTER DATED JANUARY 21, 1957, FROM YOUR ATTORNEY, MR. RAY R. MURDOCK, ASSERTS A CLAIM FOR $625.24, THE AMOUNT STATED IN A NOTICE OF SETTLEMENT OF CLAIM DATED SEPTEMBER 15, 1949, WHICH WE SENT TO YOU IN CONNECTION WITH YOUR CLAIM FOR OVERTIME COMPENSATION UNDER SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, FOR THE PERIOD APRIL 1941 TO MARCH 4, 1945, AS AN EMPLOYEE OF THE ALASKA ROAD COMMISSION, DEPARTMENT OF THE INTERIOR. THE RELATED CERTIFICATE OF SETTLEMENT, NO. 1776047, WAS CANCELED MAY 17, 1951, IN ACCORDANCE WITH OUR NOTIFICATION TO YOU UNDER THE SAME DATE.
AS EXPLAINED IN THE NOTIFICATION, THE PRIMARY REASON FOR THE CANCELLATION WAS THAT CONGRESS DECLINED TO APPROPRIATE THE FUNDS NECESSARY FOR THE DIRECT PAYMENT OF OUR CERTIFICATES OF SETTLEMENT PREPARED IN CONNECTION WITH ALASKA ROAD COMMISSION OVERTIME COMPENSATION CLAIMS.
THE LEGISLATIVE ACTION RESULTING IN THE IMPEACHMENT OF OUR SETTLEMENTS AND THE DENIAL OF THE APPROPRIATION OF NECESSARY FUNDS FOR THEIR PAYMENT IS REFLECTED IN HOUSE REPORT NO. 1797 ON THE GENERAL APPROPRIATION BILL, 1951, AT PAGE 180, AND SENATE REPORT NO. 1941 ON THE SAME BILL, AT PAGE 165, TOGETHER WITH THE CONFERENCE REPORT (HOUSE REPORT NO. 2991, 81ST CONGRESS), AT PAGE 42, ELIMINATING THE ITEM "CLAIMS, ALASKA ROAD COMMISSION," WHICH HAD BEEN INSERTED BY THE SENATE. CF. CHORPENING V. UNITED STATES, 94 U.S. 397. ONCE HAVING PERFORMED OUR SETTLEMENT FUNCTION UNDER SECTION 236 OF THE REVISED STATUTES, AS AMENDED, 31 U.S.C. 71, AND HAVING HAD OUR SETTLEMENTS IMPEACHED, WE MUST DECLINE TO TAKE ANY FURTHER ACTION UNDER OUR GENERAL SETTLEMENT AUTHORITY.
THE CASES OF MARR V. UNITED STATES, 123 C.CLS. 474, CERTIORARI DENIED, 345 U.S. 956, AND ANDREWS V. UNITED STATES, 126 C.CLS. 571, IN WHICH THE COURT OF CLAIMS, FOR PURPOSES OF JUDGMENTS IN THAT COURT, EVOLVED AND APPLIED THE THEORY OF "ACCORD" CONCERNING OUR SETTLEMENTS, DO NOT, IN OUR OPINION, FURNISH ANY BASIS FOR US TO HEAP SETTLEMENT UPON SETTLEMENT REGARDING SOMETHING WHICH IS IN REALITY THE SAME SUBJECT MATTER.
WE NOTE THAT YOUR PETITION IN THE COURT OF CLAIMS, NO. 462-55, WAS DISMISSED ON NOVEMBER 5, 1956, BECAUSE OF THE BAR OF THE SIX-YEAR STATUTE OF LIMITATIONS, 28 U.S.C. 2501.