B-128381, AUG. 27, 1956

B-128381, AUG. 27, 1956

TO MR. ELBERT A. DANCER:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER POSTMARKED MAY 15, 1956, RELATING TO OUR SETTLEMENT OF MAY 10, 1956, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF THREE GOVERNMENT CHECKS DRAWN TO YOUR ORDER AND DESCRIBED AS FOLLOWS:

TABLE

CHECK NO. DATE AMOUNT DISBURSING OFFICER

7,529,612 1/24/45 $62.74 G. F. ALLEN

9,074,070 5/7/45 3.37 DO.

41,883,719 1/10/47 34.05 E. J. BRENNAN

PAYMENT OF YOUR CLAIM WAS DENIED FOR THE REASON THAT IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE FOR CONSIDERATION WITHIN THE SIX-YEAR TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, WHICH PROVIDES:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

AS EXPLAINED IN THE ABOVE-MENTIONED SETTLEMENT ALL THREE CHECKS WERE ADDRESSED TO YOU, C/O GENERAL DELIVERY, TWO OF WHICH WERE MAILED TO WIKIEUP, ARIZONA, AND THE THIRD, CHECK NO. 7,529,612 TO KINGMAN, ARIZONA. EACH CHECK IS REPORTED TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURY OF THE UNITED STATES. ALTHOUGH THE CHECKS IN QUESTION HAVE BEEN DESTROYED PURSUANT TO LAW AND ARE NOT NOW AVAILABLE FOR EXAMINATION AS TO ENDORSEMENTS THEREON, SINCE IT IS SHOWN THAT THEY HAVE BEEN PAID AND YOUR CLAIM FOR THE PROCEEDS THEREOF WAS NOT RECEIVED HERE UNTIL MORE THAN NINE YEARS AFTER THE ISSUANCE THEREOF, FURTHER CONSIDERATION OF THE MATTER IS PRECLUDED BY THE MANDATORY PROVISIONS OF SECTION 2 OF THE ABOVE-QUOTED STATUTE. THIS OFFICE, OF COURSE, HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF A VALID STATUTE OR TO MAKE EXCEPTIONS THERETO.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT DENYING PAYMENT OF YOUR CLAIM IS FOUND CORRECT AND MUST BE SUSTAINED.