B-121009, AUG. 31, 1955

B-121009, AUG. 31, 1955

TO SECRETARY OF THE TREASURY:

REFERENCE IS MADE TO LETTER OF JULY 14, 1955, FROM THE FISCAL ASSISTANT SECRETARY, RECOMMENDING THAT PURSUANT TO THE PROVISIONS OF PUBLIC LAW 321, APPROVED AUGUST 1, 1947, 61 STAT. 720 (31 U.S.C. 82D 1/--- AMENDED BY PUBLIC LAW 334, APPROVED AUGUST 9, 1955 (69 STAT. 626/--- RELIEF BE GRANTED MRS. IVY BAKER PRIEST, TREASURER OF THE UNITED STATES, FOR THE PHYSICAL LOSS IN HER OFFICE, AFTER PAYMENT, OF CHECK NO. 59,942,072, FOR $80, DRAWN ON JULY 20, 1954, TO THE ORDER OF ROBERT THOMPSON, OVER SYMBOL 300.

IT IS STATED IN THE LETTER THAT THE CHECK WAS PAID BY THE TREASURER IN THE USUAL COURSE OF BUSINESS AND CHARGED IN THE ACCOUNT OF THE ISSUING DISBURSING OFFICER, BUT THAT SUBSEQUENTLY THE ITEM COULD NOT BE FOUND FOR DELIVERY WITH THE STATEMENT OF THE DISBURSING OFFICER'S ACCOUNT, THUS REQUIRING THE SUBSTITUTION OF A TEMPORARY RECEIPT THEREFOR. IT IS FURTHER STATED THAT EXHAUSTIVE BUT UNSUCCESSFUL SEARCH WAS MADE, AND THAT IT IS CLEAR THAT THE ITEM WAS LOST OR MISFILED. ALSO, STOPPAGE OF PAYMENT HAS BEEN ENTERED AGAINST THE CHECK, AND WILL BE MAINTAINED UNTIL THE ORIGINAL IS FOUND OR UNTIL AFTER THE EXPIRATION OF TEN YEARS FROM THE DATE OF ISSUANCE.

THE LETTER OF JULY 14, 1955, STATES THAT IT HAS BEEN DETERMINED THAT THE MISPLACEMENT OF THIS CHECK OCCURRED WHILE THE TREASURER WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES, AND THAT SUCH LOSS OCCURRED WITHOUT FAULT OR NEGLIGENCE ON HER PART. FURTHER, IT IS RECOMMENDED THAT THE TREASURER BE RELIEVED OF LIABILITY FOR THE LOSS OF THIS CHECK, IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 321, AS AMENDED.

SINCE THE FACTS REPORTED DO NOT INDICATE THAT THE LOSS OF THE CHECK WAS DUE TO FAULT OR NEGLIGENCE ON THE PART OF THE TREASURER, AND THAT THE LOSS OCCURRED WHILE THE TREASURER WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES, CREDIT FOR THE PHYSICAL LOSS OF THE CHECK WILL BE ALLOWED IN THE ACCOUNTS OF THE TREASURER, IN ACCORDANCE WITH THE PROVISIONS OF THE CITED STATUTE.