ca instructions were given to the arters on the succeeding dates with ally occupied by them when on such open and all the money was found to ed the loss of public funds and deterneglect on the part of Lieutenant Gorseveral reviewing officers and by the War artment of the Army and the Department e not favorably considered. The Congress > Stat. 800), specifically required that the loss suit or negligence" on the part of the officer that the short period of commissioned service of ence to the theory that there was no fault or neglitemplated by the statute. In addition there is no ezigence was responsible for the fact that there was ... in the vicinity of the safe after the 1 night on which ee done by Lieutenant Gordon. edig, the committee recommended that favorable considera- be Attorney General from the Secretary of the Army. dated Honorable Alexander Wiley, chairman, Committee on the Red States Senate, from the Department of Justice, dated December Cant of James A. Gordon, dated April 14, 1948. OCTOBER 15, 1947. arable the ATTORNEY GENERAL, Washington, D. C. MR. ATTORNEY GENERAL: Reference is made to your letter with which .eu ceclosed a copy of S. 1296, Eightieth Congress, a bill for the relief of James Cordon. You state that the Senate Committee on the Judiciary has requested e Department of Justice to submit a report on this bill and has advised that if eports are necessary from other sources, they will be secured by your Department d submitted along with your report to the committee. You, therefore, request 2 comments of the Department of the Army on S. 1296. This bill provides as follows: That James A. Gordon, of Columbia, South Carolina, is hereby relieved of hability for payment to the War Department of the sum of $861.25, such sum having been charged against the said James A. Gordon, by the War Department as a result of the theft of public funds in his custody, without fault or neglect on his part, while he was on active duty as a second lieutenant in the Army of the United States." In January 1944, Lieutenant James A. Gordon was assistant adjutant and personnel officer of the Fourth Replacement Depot which was then stationed at Australia. He had been appointed a class A agent finance officer under the provisions of section 9a of the National Defense Act of 1916 (41 Stat. 766; 10 U. S. C. 173), as amended, for the purpose of paying troops In his official capacity it also devolved upon him to receive deposits made by enlisted men in their soldiers' deposits accounts. On the evening of January 3, 1944, he placed in his office safe, to which he had the only key, the sum of $264.91, representing payroll funds, and the sum of $551.99, representing soldiers' deposits collected by him, for both of which sums he was pecuniarily responsible. The next morning he found that his wallet was missing and he so reported to his immediate superior. the adjutant, at 8 a. m. Later he ascertained that the key to the safe was also missing, and he reported that fact to the adjutant at about 10 a. m., at which time he received orders to instruct the charge of quarters to sleep next to the safe, (The charge of quarters ordinarily slept in another room in the same building and the nearest guard station was approximately 150 yards from the office where the safe was located.) Lieutenant Gordon gave the necessary instructions to the charge of quarters who was on duty from noon of January 4, 1944, to noon of January 5, 1944, and the latter slept with his bed beside the safe. However, no such instructions were 豆腐 given by Lieutenant Gordon to the men who were assigned to duty as charge of quarters on the succeeding days with the result that they slept in the room normally occupied by them when on such duty and the safe was left unattended. On January 10, 1944, the safe was drilled open and it was found that the moneys placed therein by Lieutenant Gordon on the evening of January 3, 1944, were missing. A board of officers was immediately appointed to investigate the loss of public funds and this board, after interrogating everyone who had had any connection with the matter, determined that the loss of the money occurred as a result of neglect on the part of Lieutenant Gordon. The findings of the board of officers were approved by the several reviewing officers in the field and by the War Department, and Lieutenant Gordon was thereafter requested to reimburse the United States for the loss of funds through his neglect amounting to the aggregate sum of $861.25 (pay-roll funds in the amount of $264.91; soldiers' deposits in the amount of $551.99; and interest on the soldiers' deposits in the amount of $44.35), the War Department having already repaid. out of public funds, the losses sustained by the individual soldiers. In order to insure the proper safeguarding of the funds entrusted to it, the Department of the Army is compelled to insist upon a high degree of care on the part of officers who are, necessarily, in the discharge of the Department's lawful functions, made responsible for the intrustment. The Department does not besitate to take appropriate action to releive responsible officers who incur losses due to circumstances beyond their control. However, in authorizing the Department to take such action the Congress, in the act of December 13, 1944 (58 Stat. 800), specifically required that the loss must have occurred "without fault or negligence" on the part of the officer concerned. No extenuating circumstances exist which would justify the relief of Lieutenant Gordon from pecuniary liability for the losses occasioned by his negligence and indifference to his responsibilities. Accordingly, the Department of the Army recommends that this bill be not favorably considered. Sincerely yours, KENNETH C. ROYALL, Secretary of the Army. DECEMBER 3, 1947. Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1296) for the relief of James A. Gordon. The bill would provide that James A. Gordon, of Columbia, S. C., be relieved of liability for payment to the War Department of the sum of $861.25, such sum having been charged against him by the War Department as a result of the theft of public funds in his custody while on active duty in the United States Army. At your request, a report was obtained from the Department of the Army concerning this incident. That report, which is enclosed, sets out all of the actual data relating to the incident and points out that the Department of the Army is compelled to insist upon a high degree of care on the part of officers who are responsible for funds entrusted to the Army, in order to insure the proper safeguard of such funds Accordingly, the Department does not hesitate to take appropriate action to relieve responsible officers who incur losses due to circumstances beyond their control. The act of December 13, 1944 (58 Stat. 800), which thorizes the Department to take such action, however, specifically requires that the loss must have occurred "without fault or negligence" on the part of the ficer concerned. It is the view of the Department of the Army that no extenuang circumstances exist which would justify the relief of Lieutenant Gordon from uniary liability for the losses occasioned by his negligence and indifference to considered. is responsibility and, accordingly, it recommends that the bill be not favorably The Department of Justice concurs in this recommendation. there is no objection to the submission of this report. Sincerely yours, Department that PEYTON FORD, Acting The Assistant to the Attorney General. with his bed beside the safe. However, no such instructions were given to the men who were assigned to duty as charge of quarters on the succeeding dates with the result that they slept in the room normally occupied by them when on such duty, and the safe was left unattended. On January 10, 1944, the safe was drilled open and all the money was found to be missing. A board of officers investigated the loss of public funds and determined that this loss occurred as a result of neglect on the part of Lieutenant Gordon. This finding is approved by several reviewing officers and by the War Department. Reports from the Department of the Army and the Department of Justice recommend that the bill be not favorably considered. The Congress in the act of December 13, 1944 (58 Stat. 800), specifically required that the loss must have occurred "without fault or negligence" on the part of the officer concerned. The committee is of the vew that the short period of commissioned service of Lieutenant Gordon lends credence to the theory that there was no fault or negligence on his part that is contemplated by the statute. In addition there is no finding as to whose fault or negligence was responsible for the fact that there was no charge of quarters sleeping in the vicinity of the safe after the 1 night on which the same was ordered to be done by Lieutenant Gordon. In view of the foregoing, the committee recommended that favorable consideration be given to the bill, S. 1080. Attached hereto and made a part hereof are the following: (1) Letter to the Attorney General from the Secretary of the Army, dated October 15, 1947; (2) Letter to the Honorable Alexander Wiley, chairman, Committee on the Judiciary, United States Senate, from the Department of Justice, dated December 3, 1947; (3) Affidavit of James A. Gordon, dated April 14, 1948. OCTOBER 15, 1947. The honorable the ATTORNEY GENERAL, Washington, D. C. DEAR MR. ATTORNEY GENERAL: Reference is made to your letter with which you enclosed a copy of S. 1296, Eightieth Congress, a bill for the relief of James A. Gordon. You state that the Senate Committee on the Judiciary has requested the Department of Justice to submit a report on this bill and has advised that if reports are necessary from other sources, they will be secured by your Department and submitted along with your report to the committee. You, therefore, request the comments of the Department of the Army on S. 1296. This bill provides as follows: "That James A. Gordon, of Columbia, South Carolina, is hereby relieved of liability for payment to the War Department of the sum of $861.25, such sum having been charged against the said James A. Gordon, by the War Department as a result of the theft of public funds in his custody, without fault or neglect on his part, while he was on active duty as a second lieutenant in the Army of the United States." In January 1944, Lieutenant James A. Gordon was assistant adjutant and personnel officer of the Fourth Replacement Depot which was then stationed at Australia. He had been appointed a class A agent finance officer under the provisions of section 9a of the National Defense Act of 1916 (41 Stat. 766; 10 U. S. C. 173), as amended, for the purpose of paying troops In his official capacity it also devolved upon him to receive deposits made by enlisted men in their soldiers' deposits accounts. On the evening of January 3, 1944, he placed in his office safe, to which he had the only key, the sum of $264.91, representing payroll funds, and the sum of $551.99, representing soldiers' deposits collected by him, for both of which sums he was pecuniarily responsible. The next morning he found that his wallet was missing and he so reported to his immediate superior. the adjutant, at 8 a. m. Later he ascertained that the key to the safe was also missing, and he reported that fact to the adjutant at about 10 a. m., at which time he received orders to instruct the charge of quarters to sleep next to the safe. (The charge of quarters ordinarily slept in another room in the same building and the nearest guard station was approximately 150 yards from the office where the safe was located.) Lieutenant Gordon gave the necessary instructions to the charge of quarters who was on duty from noon of January 4, 1944. to noon of January 5, 1944, and the latter slept with his bed beside the safe. However, no such instructions were given by Lieutenant Gordon to the men who were assigned to duty as charge of quarters on the succeeding days with the result that they slept in the room normally occupied by them when on such duty and the safe was left unattended. On January 10, 1944, the safe was drilled open and it was found that the moneys placed therein by Lieutenant Gordon on the evening of January 3, 1944, were missing. A board of officers was immediately appointed to investigate the loss of public funds and this board, after interrogating everyone who had had any connection with the matter, determined that the loss of the money occurred as a result of neglect on the part of Lieutenant Gordon. The findings of the board of officers were approved by the several reviewing officers in the field and by the War Department, and Lieutenant Gordon was thereafter requested to reimburse the United States for the loss of funds through his neglect amounting to the aggregate sum of $861.25 (pay-roll funds in the amount of $264.91; soldiers' deposits in the amount of $551.99; and interest on the soldiers' deposits in the amount of $44.35), the War Department having already repaid. out of public funds, the losses sustained by the individual soldiers. In order to insure the proper safeguarding of the funds entrusted to it, the Department of the Army is compelled to insist upon a high degree of care on the part of officers who are, necessarily, in the discharge of the Department's lawful functions, made responsible for the intrustment. The Department does not hesitate to take appropriate action to releive responsible officers who incur losses due to circumstances beyond their control. However, in authorizing the Department to take such action the Congress, in the act of December 13, 1944 (58 Stat. 800), specifically required that the loss must have occurred "without fault or negligence" on the part of the officer concerned. No extenuating circumstances exist which would justify the relief of Lieutenant Gordon from pecuniary liability for the losses occasioned by his negligence and indifference to his responsibilities. Accordingly, the Department of the Army recommends that this bill be not favorably considered. Sincerely yours, KENNETH C. ROYALL, Secretary of the Army. DECEMBER 3, 1947. Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1296) for the relief of James A. Gordon. The bill would provide that James A. Gordon, of Columbia, S. C., be relieved of liability for payment to the War Department of the sum of $861.25, such sum having been charged against him by the War Department as a result of the theft of public funds in his custody while on active duty in the United States Army. At your request, a report was obtained from the Department of the Army concerning this incident. That report, which is enclosed, sets out all of the factual data relating to the incident and points out that the Department of the Army is compelled to insist upon a high degree of care on the part of officers who are responsible for funds entrusted to the Army, in order to insure the proper safeguard of such funds Accordingly, the Department does not hesitate to take ppropriate action to relieve responsible officers who incur losses due to circumstances beyond their control. The act of December 13, 1944 (58 Stat. 800), which authorizes the Department to take such action, however, specifically requires that the loss must have occurred "without fault or negligence" on the part of the officer concerned. It is the view of the Department of the Army that no extenuating circumstances exist which would justify the relief of Lieutenant Gordon from pecuniary liability for the losses occasioned by his negligence and indifference to his responsibility and, accordingly, it recommends that the bill be not favorably considered. The Department of Justice concurs in this recommendation. The Director of the Bureau of the Budget has advised this Department that there is no objection to the submission of this report. Sincerely yours, PEYTON FORD, Acting The Assistant to the Attorney General. STATE OF SOUTH CAROLINA, County of Richland, ss: Personally appeared before me James A. Gordon who being duly sworn and now upon oath deposes and says that the following statement is a true report of the certain theft of moneys stolen while under deponent's custody as a commissioned officer in the United States Army: The incident took place in the later part of 1943, at which time I was assigned following dismissal from a hospital for gunshot wounds, with the Fourth Replacement Depot which was situated near Sydney, Australia. At the time I was assigned to this organization I had been commissioned less than 6 months and the responsibility of a class A officer of the United States Army was not clearly understood by me since I did not have the knowledge of class A duties, but this was in no way the cause of the money being stolen, which had been entrusted to me as a class A agent officer. When I received my assignment to pay troops which were always coming in and out of this replacement center from the combat area to a leave status, I requested a more suitable type safe to be furnished me or else guards be placed around the building in which this money was being kept as the amount of moneys required to pay these troops was of considerable amounts. After I had voiced my request to the replacement adjutant, I was informed that neither guards nor a safe was available and I would have to make the best of what I had. At this time I informed him that only one key had been turned over to me with this safe and knowing that all Army field safes were issued with two keys, I did not feel that I wanted to keep money in a safe for which one key was issued. After having a conversation with the replacement center property officer, he had a thorough search made of his issuing office and the second key could not be located, nor could it be accounted for, but he did promise me a new safe as soon as one could be drawn from the base property section. One morning sometime after this, following an extremely heavy pay day, my sergeant called to my attention that the safe had been tampered with and moved from its regular location during the night, although from the outward appearance the safe looked intact. During this same night mentioned above the officers' area had been ransacked by a burglar and three wallets had been stolen, including my own, and in my wallet I kept the key to the afore-mentioned safe and of course this key was missing along with my wallet. I immediately notified all my superior officers and requested that a locksmith drill open the field safe in order to determine if any moneys were missing, which promise was granted and upon opening of the safe, it was found that a little less than $1,000 was missing from this safe and some other moneys that were underneath papers still remained in safe. I called for a board of investigation in order that responsibility for the missing money might be determined. Some few days after the board of investigation was over I happened to see the president of the board and asked if he could tell me the findings of the board, at which time he informed me that the board had found me not responsible for the missing money, and I was very much surprised at a later date to be notified by the War Department that I was still being held responsible for the money. The copies of the correspondence written me and my answers were lost at a later date due to enemy action and the exact contents of such is not remembered, but I do remember during the board's proceedings there was brought out by the replacement center commander that I had requested both guards and a safe, and that due to the shortage of personnel they were unable to give me guards and due to the shortage of supplies, were unable to issue me a new safe. Sworn to before me this 14th day of April 1948. (SEAL JAMES O. GORDON, HARRY R. THURMOND, Notary Public for South Carolina О |