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thereof, the said moneys herein assigned, and on nonpayment thereof to sue for, recover, and receive the same, and on payment thereof to give sufficient releases, receipts and discharges thereof.
This assignment is made pursuant to the Assignment of Claims Act of 1940 and under the provisions of the aforementioned contract, and payments due under said contract and hereunder to said bank shall not be subject to reduction or set-off for any indebtedness of the assignor to the United States arising independently of the said contract; and the undersigned specifically authorizes and directs the United States of America to make such payments as and when due under said contract to said bank, as hereinabove provided.
And the said assignor does hereby represent and warrant unto said bank that the undersigned has not heretofore alienated or assigned said contract or any rights or interest therein or thereto or to the payments due or to become due thereunder.
IN WITNESS WHEREOF the undersigned has caused this assignment to be duly executed and attested this 11th day of April 1946.
JOHN C. WILLIAMS,
Central Machine Works.
C. M. GUESEMIR, Notary Public. My commission expires May 23, 1948.
NOTICE OF ASSIGNMENT
Date: April 11, 1946. To General Accounting Office, Washington 25, D. C. Subject: Contract Number NObs-10824.
Made by the United States of America (Navy Department Bureau of Ships) with Central Machine Works (John C. Williams, sole owner), 809 Fiftieth Avenue, Oakland 1, Calif., for repairs and alterations of vessels at San Francisco, dated November 19, 1945.
PLEASE TAKE NOTICE that moneys due or to become due under the contract described above has been assigned to the undersigned pursuant to the provisions of the Assignment of Claims Act of 1940 (Public, No. 811, 76th Cong.), approved October 9, 1940.
A true copy of the instrument of assignment is attached hereto. Payments due or to become due under such contract should be made to the assignee.
Please return to the undersigned the three (3) enclosed copies of this notice with appropriate notations showing the date and hour of receipt and duly signed by the person acknowledging receipt on behalf of the addressee. Very truly yours,
Vice President. Receipt is hereby acknowledged of the above notice and a copy of the above mentioned instrument of assignment. These were received on April 15, 1946, on behalf of
CARLOS L. MERRICK (For Chief, Contract Section, General Accounting Office.)
ALVIN G. PATTON
MAY 10, 1949.—Committed to the Committee of the Whole House and ordered
to be printed
Mr. BYRNE of New York, from the Committee on the Judiciary,
submitted the following
[To accompany H. R. 1297]
the bill do pass.
The Committee on the Judiciary, to whom was referred the bill (H. R. 1297) for the relief of Alvin G. Patton, having considered the same, report favorably thereon with amendment and recommend that
The amendment is as follows:
At the end of bill add: Provided, That no part of the amount appropriated in this Act in excess of
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 claim, 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 isdemeanor and upon conviction thereof shall be fined in any sum not exceeding
The purpose of the proposed legislation is to pay the sum of $221.13 toAlvin G. Patton, Los Angeles, Calif.; such sum represents payment fo-r 189 hours of accumulated annual leave earned by the said Alvin G. Patton while employed under contract N2445–37735, dated September 1, 1943, in the district security office, headquarters, Eleventh Naval District, San Diego, Calif., for the period beginning September 1, 1943, and ending June 30, 1944.
STATEMENT OF FACTS
It appears that Mr. Patton was employed by the Navy for approximately 9 months in the said district security office at the rate of $282 per month. During that period of time he accumulated 189 hours of leave which he did not receive. At the expiration of the 9 months period, June 30, 1944, the appropriation by Congress for persons employed in his status was discontinued and there was no ap
propriation for the period following June 30, 1944. Since the leave had not been taken prior to June 30, 1944, and since there was no appropriation for it thereafter, Mr. Patton was unable to receive payment for his accrued annual leave upon termination of the contract of employment on June 30, 1944,
The Judge Advocate General of the Navy states that the Navy Department interposes no objection to the enactment of the bill, therefore your committee recommends favorable consideration of the bill.
Washington 25, D. C., October 10, 1947.
House of Representatives. MY DEAR MR. CHAIRMAN: The bill H. R. 2690 for the relief of Alvin G. Patton, has been referred by your committee to the Navy Department with request for a report thereon.
The purpose of the proposed bill is to authorize and direct the Secretary of the Treasury to pay to Alvin G. Patton of Los Angeles, Calif., the sum of $221.13 representing payment for 189 hours of accrued leave, accumulated by said Alvin G. Patton while employed in the district security office, headquarters, Eleventh Naval District, San Diego, Calif.
Alvin G. Patton was employed by the Navy for approximately 9 months in the said District Security Office at the rate of $282 per month. During that period of time he accumulated 189 hours of leave which he did not receive. At the expiration of the 9 months' period, June 30, 1944, the appropriation by Congress for persons employed in his status was discontinued and there was no appropriation for the period following June 30, 1944. Since the leave had not been taken prior to June 30, 1944, and since there was no appropriation for it thereafter, Mr. Patton was unable to receive payment for his accrued annual leave upon termination of the contract of employment on June 30, 1944.
The Navy Department interposes no objection to the enactment of the bill H. R. 2690.
The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. For the Secretary of the Navy. Respectfully yours,
0. S. COLCLOUGH, Rear Admiral, U. S. Navy, Judge Advocate General of the Navy.
STATE OF CALIFORNIA,
County of Los Angeles, ss: Alvin G. Patton, being first duly sworn, deposes and says: That he is a resident of the county of Los Angeles, State of California, of legal age and a competent witness:
Witness further states that there is due him a total of 189 hours accumulated annual leave due him from the United States Navy Security, Eleventh Naval District, Los Angeles, Calif., and that the recompense for said number of hours is $221.13, which amount has not been paid.
ALVIN G. PATTON. Address: 8715 Halldale, Los Angeles 44, Calif. Subscribed and sworn to before me this 14th day of December, 1945. (SEAL)
FLORENCE WHITE, Notary Public in and for the County of Los Angeles, State of California.
JULY 25, 1944. To: Alvin G. Patton, 8715 Halldale Avenue, Los Angeles 44, Calif. Via: Officer-in-Charge, Assistant District Security Officer, Los Angeles, Calif. Subject: Accumulated annual leave, request for.
1. Forwarded for delivery.
2. It is requested that Patton be advised that his claim for payment of this accumulated leave should be submitted to the General Accounting Office, Bureau of Supplies and Accounts, Navy Department, Washington, D. C., together with all correspondence.
H. H. RITTER, District Security Officer.
August 1, 1944. To: Alvin G. Patton, 8715 Halldale Avenue, Los Angeles 44, Calif.
1. Delivered. 2. Inasmuch as you were not given the opportunity to take your accumulated annual leave due to the office workload, it is suggested that you conform with instructions contained in endorsements 2 and 3.
WILLARD D. BRETZ,
Officer in Charge, Assistant District Security Office.
JULY 24, 1944. To: Alvin G. Patton, 8715 Halldale Avenue, Los Angeles 44, Calif. Via: District Security Officer. Subject: Accumulated annual leave, request for. Reference: (a) Navy Dept. Cir. Ltr. PS & M-6-MM:irp, 26 Jan. 1944.
1. Returned. Records in this office show that you were employed under Contract N2448-37735 dated September 1, 1943, in the district security office, Headquarters, Eleventh Naval District, San Diego, Calif., for the period of September 1, 1943, to June 30, 1944, inclusive, at the monthly rate of $282. During this period you did not use any of the annual leave to your credit, and, at the time of separation, the amount of annual leave to your credit amounted to 189 hours computed in accordance with paragraph 3 of reference (a). Your tour of duty during this period was 8 hours per day, 6 days per week.
2. Inasmuch as records in this office do not show that you are at the present time a civilian employee of the United States and that you did not take the annual leave to your credit prior to the expiration of the above-mentioned contract, June 30, 1944, it would appear that claim for payment therefor is for adjudication by the General Accounting Office.
3. In view of the above, credit for the leave requested has not been made and Mill not be made on pay rolls certified for payment by this office.
L. PITTMAN, Accounting Officer, Eleventh Naval District.
JULY 17, 1944. To: District Security Officer, Eleventh Naval District. Subject: Accumulated annual leave, request for.
1. It is requested that payment be made to me for 200 hours of accumulated annual leave, for the following reasons:
(a) I was employed as a Security inspection force civilian agent, under contract from Sept. 1, 1943 to June 30, 1944, inclusive, at the Assistant District Security Office, Los Angeles, Calif.
(b) During the above period of employment, I acquired a total of 200 hours of accumulated annual leave.
(c) Due to the fact that authority for the employment of Security inspection force civilian agents on a contract basis was terminated by the Naval Appropriation Act, 1945, and funds for such purpose were not available after June 30, 1944, my services were terminated without an opportunity to take the accumulated annual leave.
ALYIN G. PATTON.
JULY 20, 1944.