CONSTRUCTION OF BUILDINGS, NURSES' QUARTERS, COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING SUPPLEMENTAL ESTIMATE OF APPROPRIATION FOR THE FISCAL MAY 28, 1928.-Referred to the Committee on Appropriations and ordered to be printed THE WHITE HOUSE, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: I have the honor to transmit herewith for the consideration The details of this estimate, the necessity therefor, and the reasons Respectfully, H D-70-1-vol 24-59 CALVIN COOLIDGE. BUREAU OF The Budget, SIR: I have the honor to submit herewith for your consideration supplemental estimate of appropriation for the fiscal year ending June 30, 1928, for the War Department, as follows: Construction of buildings, utilities, and appurtenances at military posts, 1928. $300,000 The act of Congress approved May 26, 1928 (H. R. 11134, 70th Cong.), authorizes an appropriation of $300,000 for the construction of nurses' quarters at Walter Reed General Hospital, Washington, D. C. The purpose of the estimate of appropriation herewith submitted is to carry out the above-mentioned provision of the act of May 26, 1928, and is required to provide for legislation enacted since the transmission of the Budget for the fiscal years 1928 and 1929. I recommend that this estimate be transmitted to Congress. Respectfully, H. M. LORD, Director of the Bureau of the Budget. The PRESIDENT. Supplemental estimate of appropriation required for the service of the fiscal year ending June 30, 1928, by the War Department Construction of buildings, utilities, and appurtenances at military posts: For construction and installation of buildings, utilities, and appurtenances thereto at Walter Reed General Hospital, District of Columbia, as authorized by the act entitled, "An act to authorize appropriations for construction at military posts, and for other purposes," approved May 26, 1928, including also the engagement by contract or otherwise, of the services of architects, or firms, or partnerships thereof, and other technical and professional personnel as may be deemed necessary without regard to civil-service requirements and restrictions of law governing the employment and compensation of employees of the United States (act May 26, 1928)---- $300,000 O 1st Session 1 No. 327 J. A. SMITH LETTER FROM THE COMPTROLLER GENERAL OF THE UNITED STATES TRANSMITTING REPORT AND RECOMMENDATION TO THE CONGRESS CONCERNING THE CLAIM OF J. A. SMITH MAY 28, 1928.-Referred to the Committee on Claims and ordered to be printed COMPTROLLER GENERAL OF THE UNITED STATES, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: Pursuant to Public, No. 247, Seventieth Congress, approved April 10, 1928, I have the honor to transmit herewith my report and recommendation to the Congress concerning the claim of J. A. Smith with request that you lay the same before the House of Representatives. A copy of this report has been this date transmitted by me to the President of the Senate. Pursuant to Public, No. 247, Seventieth Congress, approved April 10, 1928, I have the honor to make the following report and recommendation on the claim of J. A. Smith. The facts in the matter appear to be as follows: On October 31, 1927, a disbursing officer of the United States Veterans' Bureau issued check No. 131507 for $68 to Ernest Britt. 3501 Kenesaw Avenue, Dayton, Ohio, in payment of a regular installment of disability compensation due him from that bureau. Due to some error in the administrative office, a change of address had been noted upon the records and the check was accordingly mailed in a window envelope, together with a slip containing the address "Ernest Britt, No. 1 B, 68, Dillon, S. C." The check was duly delivered as addressed to a person by the name of Ernest Britt at Dillon, S. C., and was cashed for him by the claimant, J. A. Smith, who in turn received the money thereon through a bank and the check was in due course presented to the United States Treasury and payment made thereon. Upon complaint from Ernest Britt, of Dayton, Ohio, of the nonreceipt of his check, the error was discovered and the amount reclaimed from the indorsing banks, who in turn reclaimed the amount from Smith. The amount was duly deposited to the appropriation from which drawn and payment has been made to the correct payee, Ernest Britt, Dayton, Ohio. The Ernest Britt of Dillon, for whom Smith cashed the check, is reported to be a negro without any available funds, and while he gave Smith his note at six months for the amount of the check, the note is without value as the negro has no means of paying the same. Under the circumstances, the check having been received by and cashed by a person of the same name as the payee and who resided at the address to which the check was mailed, no actual forgery was involved and no reclamation could have been enforced against Smith had he resisted the same. (United States v. Chase National Bank, 252 U. S. 485; 6 Comp. Gen. 532.) The reclaimed amount having been deposited to the appropriation "Military and naval compensation, United States Veterans' Bureau," there is now no appropriation or fund available from which payment could be made to Smith in view of the provisions of section 3678, Revised Statutes. It is clearly inequitable and unjust that the claimant, Smith, should suffer loss because of the mistake made by the Veterans' Bureau in mailing the check to the wrong address. Therefore, I feel justified in submitting the same to the Congress pursuant to Public, No. 247, Seventieth Congress, approved April 10, 1928, with my recommendation that payment of the claim be authorized by enactment of the following bill: Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States is hereby authorized and directed to pay to J. A. Smith, out of any moneys in the Treasury not otherwise appropriated, the sum of $68, being the amount of check No. 131507, issued by the Veterans' Bureau to Ernest Britt, 3501 Kenesaw Avenue, Dayton, Ohio, but mailed to and received by Ernest Britt, Route 1 B, 68, Dillon, South Carolina, for whom it was cashed by J. A. Smith. INTER-AMERICAN HIGHWAY REPORT OF THE COMMITTEE ON FOREIGN AFFAIRS ON H. J. RES. 259 AUTHORIZING ASSISTANCE IN THE CONSTRUCTION TOGETHER WITH A SPANISH TRANSLATION UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON |