« iepriekšējāTurpināt »
unless such expenses are paid or appropriately guaranteed (U. S. C., title 8, secs. 169–171).
Since no adequate hospital facilities were available at San Diego, the officers of the steamship Dorothy Luckenbach were instructed to place the seaman in the Seaside Hospital at Long Beach, Calif., when the vessel arrived at San Pedro. These instructions were complied with. Bills were sent to the claimant from time to time for payment of the hospital expenses, but no payment was made until March 19, 1941, when the claimant, under protest, in order to obtain a clearance for the vessel paid the sum sought to be recovered in the bill under consideration.
It appears to be the position of the claimant that it was not liable for this amount because at the time the vessel arrived at San Diego, it was not a vessel arriving from a foreign port since it stopped at the Canal Zone port merely to discharge a seaman for hospitalization. The Immigration and Naturalization Service took the contrary position. The claimant has not pursued the judicial remedies which are available to it and no reason appears discernible why relief should be extended to it by legislative action. If the claimant is entitled to a refund of the money, it may be assumed that the courts will so hold. On the other hand, if the Immigration and Naturalization Service was right as a matter of law in requiring the claimant to make these payments, no reason appears discernable for relieving it of liability.
In view of the foregoing considerations, I am unable to recommend the enactment of the bill.
I have been informed by the Director of the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours,
MEMORANDUM IN SUPPORT OF A BILL FOR THE RELIEF OF LUCKENBACH
STEAMSHIP Co., Inc. John Marcusson, a native of Norway, signed on at New York as a member of the crew of the Dorothy Luckenbach on August 16, 1940.
The vessel was in the intercoastal trade and stopped at the Canal Zone to discharge for hospitalization a sick oiler, C. P. Dailey. No cargo was loaded or discharged at the Canal, and no one was signed on to take Dailey's place. No other business was transacted.
Upon arrival at San Pedro on September 4, 1940, the alien was found by the immigration officials to be afflicted with gonorrhea and ordered hospitalized.
Under date of October 18, 1940, the steamship company was notified the alien had been released as cured and was ordered to remove him from the United States.
An attempt was made to sign the alien on the steamship Harry Luckenbach to bring him to New York, but he was found to be too weak to even walk from the ship's hospital to the messroom for his meals. It was decided that it would be dangerous to take him through the tropics so he was returned to the immigration station.
He, on November 5, 1940, was certified as being afflicted with insanity and as needing institutional care. He was confined in the Compton Sanitarium or the California State Hospital until his death.
Upon the instructions of the Immigration Service the Luckenbach Steamship Co., Inc., paid all his expenses until his death upon the assumption that the vessel was arriving from a foreign port, whereas the nature of her transit of the Panama Canal did not interrupt the continuity of her domestic voyage, and the seaman should have been cared for by the United States Public Health Service.
The Department of Justice did not decide the case until after the death of the seaman, and it does not have authority to refund the amounts paid in error, as will be noted from the attached letter.
Hence, the necessity of the relief legislation.
LUCKENBACH STEAMSHIP Co., Inc.
Expenses incurred by Luckenbach Steamship Co., Inc., on account of John Marcusson H. R. Halverson Mortuary
$4. 00 Seaside Memorial Hospital.-
193. 88 Immigration Service..
10. 50 Do.
14. 27 Compton Sanitarium.
799.00 County of Los Angeles..
46. 26 State of California...
7. 67 Norwalk State Hospital.
25. 16 State of California...
150.00 Goodrich-Halverson Mortuary
8. 00 State of California..
269.00 White-Emerson Co..
1, 577. 74
UNITED STATES DEPARTMENT OF JUSTICE,
Philadelphia, December 26, 1942.
Washington, D. C. SIR: Further reference is made to your petition that the owners of the above named vessel be released from further liability for hospital expenses in the case of this alien and that the sums heretofore paid for such hospital expenses be refunded.
Since we wrote to you on October 2, 1942, a report has been received from the Los Angeles office of this Service to the effect that this alien died at the Norwalk State Hospital, Norwalk, Calif., on July 29, 1942.
Regarding the request contained in your petition that the moneys which have heretofore been paid by the owners of the vessel in connection with this case be refunded to them, it is necessary to advise that this Service is without authority to take such action. Sincerely yours,
EARL G. HARRISON, Commissioner.
February 9, 1945.—Committed to the Committee of the Whole House and
ordered to be printed
Mr. FERNANDEZ, from the Committee on Claims, -submitted the
[To accompany H. R. 1550)
28 amended do pass.
The Committee on Claims, to whom was referred the bill (H. R. 1550) for the relief of E. Sullivan, having considered the same, report favorably thereon with an amendment and recommend that the bill
The amendment is as follows: At the end of bill add:
per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this clain, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
The facts will be found fully set forth in House Report No. 1138, Seventy-eighth Congress, second session, which is appended hereto and made a part of this report.
(H. Ropt. No. 1138, 78th Cong., 2d sess.) The purpose of the proposed legislation is to appropriate the sum of $1,613.25 to E. Sullivan, colonel, Air Corps, Army of the United States, such sum representing stoppage in his pay on account of the embezzlement by E. J. Barricklow, a civilian employee, of public funds for which E. Sullivan was held accountable as agent finance officer at Kelly Field, Tex., from June 1927 to June 1928.
STATEMENT OF FACTS
It appears that because of irregularities, neglects, and frauds in quartermaster activities at Kelly Field, Tex., extending over the period June 1924 to June 1928 there occurred a shortage in appropriated and other funds amounting to more than $9,000. Of this amount, $1,613.25 was assessed against Captain Sullivan (now colonel), as agent finance officer. An investigation was immediately started upon discovery of the irregularities, and agents of the Department of Justice and of the Secret Service, Treasury Department, and the inspectors of the Army collaborated.
It was found that for a period of some 2 years the civilian employee had been preparing false short-form rolls, bearing fictitious names of one to five alleged employees to which rolls he forged the name of the quartermaster as certifying officer, and also forged the names of the fictitious employees. Some of these fraudulent rolls were submitted to the local agent finance officer, accompanied by forged hand receipt of the quartermaster. The civilian employee through this procedure obtained the money in cash and misappropriated it to his own use and benefit.
Special attention is called to the fact that the report of the inspector which was concurred in by the corps area commander, was to the effect that there was no carelessness or negligence on the part of the several agent officers in making cash payments of the sums charged against them and that “they took every precaution required of them." This finding, based on the careful investigation of the corps area authorities, was overruled by the War Department, and it was held that these men were responsible, including E. Sullivan.
The committee has been favorably impressed by the findings and the reasoning of the commanding, general and the inspector general of the Eighth Corps Area at the time of this incident, which findings found Sullivan in no way responsible for this misappropriation of funds. The commanding general had a second investigation made of the matter, with a view to determining insofar as practicable the exact procedure followed by Sullivan and the other officers involved in connection with cash payment for civilian employees on short pay rolls and particularly the character and extent of the measures adopted by these officers to insure the delivery, to the persons to whom payable, of these funds.
Among his conclusions reached through this second investigation, the following are cited: (a) That until very recently it has been the practice for some time at Kelly Field for the money for the payment of civilian employees, on both longand short-form pay rolls, to be turned over by the agent finance officers to the quartermaster or to his representative for actual payment to the civilians concerned; (b) that this practice was based upon the representations of the quartermaster, Lt. I. D. Van Meter, that such practice was necessary, in-view of local conditions, in order to pay this personnel without undue loss of time; (c) that this practice conformed in general to the procedure prescribed by the commanding officer, Kelly Field, Tex., for the payment of the enlisted men of the organizations and detachments at that post; (d) that the agent finance officers, Captain Wright Lieutenant Kuhn, and Lieutenant Sullivan, personally supervised every voucher paid by them; (e) that it was the general practice of Lieutenant Sullivan either to secure the personal approval of Lt. I. D. Van Meter before turning money over to Barricklow or later to check with Lieutenant Van Meter personally any such payments to Mr. Barricklow or to do both: (/) that the preponderance of evidence is that Captain Wright, Lieutenant Kuhn, and Lieutenant Sullivan, in turning funds for the payment of civilian employees over to the quartermaster, Lt. I. D. Van Meter, another commissioned officer, or in turning such funds over to Mr. Barricklow under the conditions set forth above, did adopt reasonable and proper measures to insure the delivery of the funds involved to the persons to whom pavable.
Therefore, your committee recommends favorable consideration to the proposed legislation. Appended hereto is the report of the War Department, together with other pertinent evidence.
War December 8, 1945.
Washington, D. C., November 26, 1943. Hon. Dan R. McGEHEE,
Chairman, Committee on Claims, House of Representatives. DEAR MR. McGEHEE: Reference is made to your undated communication received May 21, 1943, containing a request for information and the views of the War Department relative to H. Ř. 2736, Seventy-eighth Congress, a bill for the relief of E. Sullivan,
The purpose of the proposed legislation is to pay to Col. Edwin Sullivan, Air Corps, United States Army, the sum of $1,613.25, representing a stoppage of his pay in that amount on account of the embezzlement of public funds for which he was held accountable while agent finance officer at Kelly Field from June 1927 to June 1928, while holding the rank of lieutenant in the Army.
The records of the War Department show that because of irregularities, neglects, and frauds in quartermaster activities at Kelly Field, Tex., extending over the period, June 1924 to June 1928,
there occurred a shortage in appropriated and other funds amounting to $9,119.95; that this matter has been investigated by a board of officers and their findings reviewed in the War Department by the Inspector General; that as a result of the investigation it was determined that Col. (then first lieutenant) Edwin Sullivan, Air Corps, was responsible for losses through fraudulent payments in the sum of $1,613.25; that a stoppage was entered against his pay in this sum; and that the entire 'amount has been returned to the
The amount charged against Colonel (then first lieutenant) Sullivan, who was the agent finance officer for Maj. W. D. Dabney, Finance Department, was due to embezzlement by one E. J. Barricklow, a civilian employee in the office the Quartermaster, which occurred under the following circumstances:
In addition to the regular semimonthly pay rolls paid on the Ist and 16th of each month there were many so-called short-form pay rolls submitted on odd days of the month for immediate
payment of employees who were being discharged or otherwise separated from the service between regular pay days, and it was in these short-form pay rolls that the frauds were perpetrated. Barricklow was the clerk charged with the duty of preparing these rolls, and the quartermaster delegated 10 him the duty of paying the money to the payees listed on the rolls. When these payments were to be made in cash the money was invariably obtained from the local agent officer, occasionally by the quartermaster in person, but usually by Barricklow upon the quartermaster's standing authorization to the agent finance officer to deliver the money to Barricklow whenever he presented a copy of the-short form pay roll accompanied by a "hand receipt” for the money viened by the quartermaster. The money obtained by Barricklow on all the him to the proper payees. genuine rolls so prepared and submitted to the agent officers was promptly paid by was absent on leave and a question arose as to some voucher numbers on which
employees had been paid. The matter was immediately reported to the quartermaster and to Major Dabney whose agent Colonel (then first lieutenant)
An investigation was started at once in which agents of the Department of Justice and of the Secret Service, Treasury Department, and the inspectors of the Army collaborated. It was then developed that for a period of 2 years Barricklow had been preparing false short-form rolls bearing fictitious names of one to five alleged employees, to which rolls he forged the name of the quartermaster as certifying officer, and also forged the names of the fictitious employees. Some of these fraudulent rolls were submitted to the local agent finance officer, accompanied by forged hand receipt of the quartermaster, and he (Barricklow) obtained the money in cash, misappropriating it to his own use. Other rolls of the same class he transmitted to Major Dabney for payment by check and when the checks were received in the quartermaster's office to be delivered or forwarded to the payees they first came into the hands of Barricklow as mail clerk, who intercepted them, endorsed them with the forged signatures of the fictitious payees, cashed them, and misappropriated the proceeds to his own use. When confronted with evidence of his guilt, Barricklow readily confessed to having perpetrated these frauds.
Sullivan then was.