B-28292, SEPTEMBER 21, 1942, 22 COMP. GEN. 258

B-28292, SEPTEMBER 21, 1942, 22 COMP. GEN. 258

PAY AND ALLOWANCES OF ARMY OFFICERS - PAYMENTS TO ATTORNEYS IN FACT A POWER OF ATTORNEY EXECUTED BY AN ARMY OFFICER AUTHORIZING AN ATTORNEY IN FACT TO DEMAND PAYMENT OF MONEYS FROM THE UNITED STATES CANNOT BE RECOGNIZED IF THE ITEM BEING CLAIMED UNDER SUCH POWER COULD ALSO BE PAID TO THE PRINCIPAL AS A PART OF HIS PAY AND ALLOWANCES BY A PAYMASTER OF THE ARMY; AND ANY SUCH POWERS OF ATTORNEY THAT HAVE BEEN OR MAY BE HELD BY THIS OFFICE TO BE VALID ARE VALID ONLY AS TO ITEMS OF ALLOWANCE THAT CANNOT BE PAID THE OFFICER BY A PAYMASTER OF THE ARMY WHERE HE MAY BE ON DUTY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. J. P. TILLMAN, U.S. ARMY, SEPTEMBER 21, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 18, 1942, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. MELVIN T. SULLIVAN, CAC. THE VOUCHER, WHICH IS ONLY THE FIRST PART OF STANDARD FORM NO. 1012, HAS NOT BEEN COMPLETED TO SHOW THE AMOUNT PROPOSED TO BE PAID OR THE CIRCUMSTANCES UNDER WHICH THE CLAIM AROSE. IT IS STATED IN YOUR LETTER THAT THERE ARE SUBMITTED A VOUCHER AND SUPPORTING PAPERS COVERING THE TRAVEL OF THE OFFICER'S DEPENDENT WIFE AND CHILDREN IN CONNECTION WITH HIS TRANSFER FROM FORT MOULTRIE, S.C., TO DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. THE ONLY ORDER FURNISHED IS A COPY OF PARAGRAPH 2, SPECIAL ORDERS NO. 39, DATED HEADQUARTERS CAROLINA SUBSECTOR, FORT MOULTRIE, S.C., APRIL 10, 1942, GRANTING THE OFFICER TWO DAYS' LEAVE EFFECTIVE APRIL 11, 1942, AND DIRECTING HIM TO REPORT AT THE EXPIRATION THEREOF TO THE COMMANDING OFFICER, 252ND COAST ARTILLERY, FORT SCREVEN, GA., NOT LATER THAN 8 A.M., APRIL 13, 1942. IN THE OFFICER'S BEHALF, HIS WIFE HAS SIGNED A STATEMENT THAT HIS OLD STATION WAS FORT MOULTRIE; THAT HIS NEW STATION IS FORT SCREVEN; AND THAT HIS DEPENDENTS TRAVELED FROM SULLIVAN'S ISLAND, S.C., WHERE THEY WERE LOCATED WHEN THE ORDERS WERE RECEIVED, TO WILLIAMSTON, N.C., DURING THE PERIOD JUNE 6 TO 7, 1942. FOR THE PURPOSE OF ANSWERING YOUR QUESTION, IT WILL BE ASSUMED THAT UPON A FULL STATEMENT OF THE FACTS HIS CASE WOULD COME WITHIN THE APPLICABLE STATUTES.

APPARENTLY, IT WAS INTENDED TO PREPARE A VOUCHER COVERING REIMBURSEMENT OF THE COMMERCIAL COST OF TRANSPORTATION FOR THE TRAVEL PERFORMED BY THE OFFICER'S DEPENDENTS. THE RIGHTS UNDER THE STATUTES AUTHORIZING SUCH PAYMENTS ARE THOSE OF THE OFFICER. SEE B-27023, AUGUST 24, 1942.

THERE HAS BEEN FURNISHED A CERTIFIED COPY OF A POWER OF ATTORNEY EXECUTED APRIL 11, 1942, IN THE COUNTY OF ANDERSON AND STATE OF SOUTH CAROLINA, APPOINTING THE OFFICER'S WIFE, LAURA NORTON SULLIVAN, HIS ATTORNEY IN FACT, AND THE VOUCHER HAS BEEN SIGNED BY HER IN THAT CAPACITY. THE POWER AUTHORIZES THE ATTORNEY IN FACT TO PERFORM CERTAIN ACTS IN THE OFFICER'S BEHALF, INCLUDING---

* * * TO ASK, DEMAND, SUE FOR, COLLECT, RECEIVE AND GIVE ACQUITTANCES, RELEASES AND SATISFACTIONS, FOR ALL DEBTS AND DEMANDS WHATSOEVER WHICH SHALL BE DUE AND OWING ME NOW OR HEREAFTER; TO BORROW MONEY WITH OR WITHOUT SECURITY, AND TO MAKE, EXECUTE AND DELIVER IN MY NAME, ALL DEEDS, ASSIGNMENTS, MORTGAGES, NOTES, CHECKS, ACKNOWLEDGMENTS, AGREEMENTS AND ANY AND ALL OTHER INSTRUMENTS IN WRITING OF WHATSOEVER NATURE, MY SAID ATTORNEY MAY DEEM NECESSARY OR DESIRABLE IN THE PREMISES AS FULLY AS I COULD IF PERSONALLY PRESENT * * *. WHILE THE INSTRUMENT HAS NOT BEEN ACKNOWLEDGED BY THE OFFICER AS IS USUALLY REQUIRED IN THE EXECUTION OF POWERS OF ATTORNEY, IT HAS BEEN SIGNED BY HIM IN THE PRESENCE OF TWO WITNESSES AND TO PROVE THE OFFICER'S SIGNATURE, ONE OF THE WITNESSES HAS SIGNED A STATEMENT IN THE FORM CUSTOMARILY USED FOR THIS PURPOSE IN THE STATE WHERE THE INSTRUMENT WAS EXECUTED TO THE EFFECT THAT SHE SAW THE OFFICER SIGN, SEAL, AND AS HIS ACT AND DEED DELIVER THE WITHIN WRITTEN POWER OF ATTORNEY AND THAT SHE, WITH THE OTHER WITNESS, WITNESSED THE EXECUTION THEREOF.

A POWER OF ATTORNEY AUTHORIZING THE ATTORNEY TO DEMAND PAYMENT OF MONEYS FROM THE UNITED STATES MUST BE EXCLUSIVE, INCLUDING THE PRINCIPAL, THE UNITED STATES CANNOT RECOGNIZE A VOUCHER PRESENTED BY AN ATTORNEY IN FACT FOR AN ITEM WHICH CAN ALSO BE CLAIMED AND PAID TO THE PRINCIPAL AS A PART OF HIS PAY AND ALLOWANCES BY A PAYMASTER OF THE ARMY. ANY POWER OF ATTORNEY THAT HAS BEEN OR MAY BE HELD BY THIS OFFICE TO AUTHORIZE THE ATTORNEY TO EXECUTE A VOUCHER IN THE NAME OF THE PRINCIPAL MUST BE UNDERSTOOD AS APPLICABLE ONLY TO ITEMS OF ALLOWANCE THAT CANNOT BE PAID TO THE PRINCIPAL BY A PAYMASTER OF THE ARMY WHERE HE MAY BE ON DUTY. IN THIS CASE, IT IS UNDERSTOOD THAT AT PRESENT THE COST OF TRANSPORTATION OF THE DEPENDENTS OF AN OFFICER ON PERMANENT CHANGE OF STATION IS PAID ONLY BY THE FINANCE OFFICE OF THE ARMY AT WASHINGTON, D.C.

THE POWER OF ATTORNEY QUOTED ABOVE MAY NOT BE SUFFICIENT TO AUTHORIZE THE ATTORNEY IN FACT TO PERFORM SOME OF THE ACTS MENTIONED THEREIN; IT APPEARS SUFFICIENT TO AUTHORIZE THE OFFICER'S WIFE TO SIGN THE VOUCHER IN HIS BEHALF FOR TRANSPORTATION OF DEPENDENTS ON PERMANENT CHANGE OF STATION. IF THE OFFICER IS OTHERWISE ENTITLED TO PAYMENT UNDER THE APPLICABLE STATUTES, PAYMENT ON VOUCHER HEREWITH RETURNED IS AUTHORIZED WITH THE UNDERSTANDING THAT IN NO EVENT CAN THIS ITEM BE PAID TO THE OFFICER AT HIS POST OF DUTY AND THAT THE FINANCE OFFICE AT WASHINGTON, D.C., IS THE ONLY OFFICE AUTHORIZED TO SETTLE SUCH ACCOUNTS. SEE B-27305, AUGUST 20, 1942, AND B-28290 TO YOU TODAY, CASE OF MESSMORE.