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General Accounting Office disallowances in accounts of C. E. Molster, former disbursing clerk for National Recovery Administration

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(Lt. Kilbourne Johnston, while on duty at Columbia University, New York City, was ordered to Washington, D C.,
for duty with the National Recovery Administration. He served with the National Recovery Administration from
July 18, 1933, to Feb. 15, 1934, a total of 212 days. Lieutenant Johnston claimed and was paid $5 per diem in lieu of
subsistence for this period. The Comptroller General has disallowed the per diem paid for the reason that "the officer
was not in a travel status while in Washington and, therefore, not entitled to per diem."

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Johnston, Kilbourne.

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General Accounting Office disallowances in accounts of C. E. Molster, former disbursing clerk for National Recovery Administration-Continued

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Causes of disallowance

Miss F. M. Robinson occupied drawing room in traveling from Washington to Philadelphia and return, Dec. 2 and 3, 1933. The accommodations used cost $1.51 more than Pullman seat allowable for this travel. Mr. H. K. Sorenson purchased drinking water for use in the office at Philadelphia for which he paid $5.20. He was unable to obtain a statement from the officials of the city that hydrant water at time of purchase was impure or unwholesome. The Comptroller General held that such a purchase "must be considered as due to personal desire rather than official necessity as the water was undoubtedly used by the inhabitants of the city." (Mr. L. G. Wilson represents payment of compensation from Aug. 26 to Aug. 31, 1933, when the voucher shows that the employee had been dropped Aug. 25, 1933. The Comptroller General stated: "It does not appear that his continuance in the service was due to administrative action but rather to his dilatory action in surrendering his duties to his successor." Officials of the National Recovery Administration claimed that he remained on duty to complete work assigned to him and was paid for the additional time consumed in finishing such assignment.

General Accounting Office disallowances in accounts of J. L. Summers, former disbursing clerk for National Recovery Administration

(Mr. Brown occupied a Pullman single room from Washington to New York City on May 29, 1934, at a cost of $3 more than a lower berth, which is the allowable accommodation. Therefore the General Accounitng Office has disallowed the amount of the excess cost. On Mar. 6, 1934, Mr. Carroll secured Pullman accommodations from Washington to New York City and return at a cost of $6.75 each way, which cost $6 more than the lower-berth rate. On Apr. 1 and 19, 1934, Mr. Carroll made trips from Washington to New York City, obtaining Pullman accommodations costing $6.75 for each trip whereas lower berth was available at $3.75. The lower-berth rate only is allowable and the General Accounting Office has disallowed $3 for each trip. Mr. Decker procured Pullman accommodations on Mar. 28, 1934, from Tulsa, Okla., to Dallas, Tex., at a cost of $2.50, for which he paid cash. He failed to submit receipt for the expenditure and the item was disallowed. Recent efforts to obtain a receipt have failed. Mr. Ellis was appointed Presidential member of the Coal Code Authority at $10,000 per annum effective Dec. 1, 1933. By oversight he was not placed on the pay roll until Dec. 26, 1933, and then at the rate of $6,000 per annum. When the facts were submitted to General Johnson, Administrator, he directed, on Apr. 11, 1934, that Mr. Ellis be paid $12,000 per annum, $6,000 by the Coal Code Authority and $6,000 by the National Recovery Administration. The Comptroller General held that the payment at the rate of an additional $6,000 per annum constituted a retroactive promotion and disallowed $2,157.17. While the disbursement was made by the National Recovery Administration, the Coal Code Authority, according to previous agreement, reimbursed the National Recovery Administration for the salary and expenses of Mr. Ellis. The Comptroller General is now considering their decision on the basis that funds were deposited with the National Recovery Administration by the Coal Code Authority to pay his salary.

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JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed

Mr. TOWNSEND, from the Committee on Claims, submitted the

following

REPORT

[To accompany S. 3710]

The Committee on Claims, to whom was referred the bill (S. 3710) for the relief of James H. Hearon, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment:

At the end of the bill add the following:

: Provided, That no part of the amount appropriated in this Act in excess of 10 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 misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

This bill, which has the approval of the Secretary of War, provides for the payment of $322.51 to James H. Hearon in full settlement of all claims arising out of his civilian hospital and medical treatment from August 27 to October 1, 1938, which treatment resulted from a disability incurred while Hearon was in an active-duty status with headquarters, One Hundred and Fifty-sixth Cavalry Brigade, San Antonio, Tex.

The records of the War Department show that Maj. James H. Hearon, Cavalry Reserve, was ordered to active duty at Fort Bliss, Tex., effective August 15, 1938, to be relieved so as to permit him to arrive at his home on August 28, 1938, on which date he would revert to inactive status. While on this active duty he was sick in William Beaumont General Hospital, El Paso, Tex., from August 20 to 22, 1938. (Diagnosis: Intestinal indigestion, in line of duty.) It appears that upon completion of maneuvers August 26, duties were suspended and it was announced that after receiving their pay, Reserve officers could leave for their homes if they so desired. Major Hearon departed from Fort Bliss, Tex., at about 4:30 p. m. August 26; he became ill at Las Cruces, N. Mex., at about 5:30 p. m. that date; continued

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