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Officer, Fort Sam Houston, Tex.," and this envelope together with other envelopes containing company and camp-exchange funds, was placed in the company safe, and the safe locked by Captain Evans. The safe, which was a cast-iron one furnished by the Government for the safekeeping of public funds and other valuables entrusted to the care of the company commander, was located on the floor of the company office and was chained to the sill under the office floor. The safe was equipped with a key lock, and the key was at all times in the possession of Captain Evans.

At about 7:10 a. m., July 1, 1939, Captain Evans went to the safe in which he had placed the public funds and other cash the evening before, and found the door of the safe closed but unlocked, and upon opening the safe found the several envelopes containing cash missing. Immediately upon ascertaining the entire loss sustained, Captain Evans conducted an investigation, and notified the district commander and the Federal and State law-enforcement agencies.

A board of officers which conducted an investigation found that the loss was not due to the fault or negligence of Captain Evans, but due to theft committed by a person or persons unknown on the night of June 30-July 1, 1939; and that Captain Evans exercised due care and complied with pertinent regulations governing the safekeeping and guarding of public funds entrusted to his care. The board recommended that Captain Evans be relieved of pecuniary responsibility for the loss of public funds and that he be absolved of any and all blame in connection therewith. The district commander approved the recommendations of the board, but the corps area commander disapproved of so much of the recommendations as relieved Captain Evans of pecuniary responsibility for the public funds lost. The amount of $77 was collected from Captain Evans and deposited on September 1, 1939, to the credit of the Treasury of the United States.

The Secretary of War states that "Since it appears that Captain Evans exercised due care in the safekeeping of public funds and since the loss thereof was not due to his fault or negligence, the War Department recommends favorable consideration of the proposed legislation.'

The facts are fully set forth in the following communications, which are appended hereto and made a part of this report.

Hon. EDWARD R. BURKE,

WAR DEPARTMENT, Washington, March 29, 1940.

Chairman, Committee on Claims, United States Senate.

DEAR SENATOR BURKE: Careful consideration has been given to the bill, S. 3400, Seventy-sixth Congress, third session, for the relief of Capt. Robert W. Evans, which you transmitted to the War Department under date of February 20, 1940, with request for information and the views of the Department relative thereto.

The purpose of the proposed legislation is to pay to Capt. Robert W. Evans, commanding Headquarters Company 878, Civilian Conservation Corps, Camp SCS-37-T, the sum of $77, as a refund of an amount paid by him to make good a shortage resulting from robbery of the company safe on the night of June 30, 1939. On June 30, 1939, at about 4:15 p. m., Capt. Robert W. Evans, Coast Artillery Reserve, the commanding officer of Civilian Conservation Corps Company 878, Camp SCS-37-T, Waxahachie, Tex., acting as agent officer for the finance officer Fort Sam Houston, Tex., began paying the enrollees of the company their cash allowances for the month of June 1939. Payment was completed at about 4:45 p. m., at which time there remained unpaid in Captain Evans' custody $77 in public funds. Regulations in effect at that time required that pay roll money remaining on hand on completion of paying be returned to the finance officer, Fort Sam Houston, Tex., by postal money order within 24 hours after payment is made. In view of the lateness of the hour, it was impracticable to convert the cash into a postal money order, as the money-order window of the nearest post office closed at 5 p. m. The public funds, in the amount of $77, were placed in an envelope marked "Finance officer, Fort Sam Houston, Tex.," and this envelope, together with other envelopes containing company and camp exchange funds, was placed in the company safe, and the safe locked by Captain Evans. The safe, which was a cast-iron one furnished by the Government for the safekeeping of public funds and other valuables entrusted to the care of the company commander, was located on the floor of the company office and was chained to the sill under the office floor. The safe was equipped with a key lock, and the key was at all times in the possession of Captain Evans.

At about 7:10 a. m., July 1, 1939, Captain Evans went to the safe in which he had placed the public funds and other cash the evening before and found the door of the safe closed but unlocked, and upon opening the safe found the several envelopes containing cash missing. Immediately upon ascertaining the entire loss sustained, Captain Evans conducted an investigation, and notified the District commander and the Federal and State law-enforcement agencies.

A night guard was posted in the camp, but he noticed no one in the office during the night.

A board of officers which conducted an investigation found that the loss of public funds in the amount of $77 was not due to the fault or negligence of Captain Evans, but due to theft committed by a person or persons unknown on the night of June 30-July 1, 1939; and that Captain Evans exercised due care and complied with pertinent regulations governing the safekeeping and guarding of public funds entrusted to his care. The board recommended that Captain Evans be relieved of pecuniary responsibility for the loss of public funds and that he be absolved of any and all blame in connection therewith. The District commander approved the recommendations of the board, but the corps area commander disapproved of so much of the recommendations as relieved Captain Evans of pecuniary responsibility for the public funds lost. The amount of $77 was collected from Captain Evans and deposited on September 1, 1939, to the credit of the Treasury of the United States.

Since it appears that Captain Evans exercised due care in the safekeeping of public funds and since the loss thereof was not due to his fault or negligence, the War Department recommends favorable consideration of the proposed legislation. Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

FINDINGS OF THE BOARD OF OFFICERS

That on the afternoon of June 30, 1939, at or about 1:30 p. m. Capt. Robert W. Evans, Coast Artillery Reserve, cashed a pay-roll check received from the finance officer, Fort Sam Houston, Tex., in the amount of $1,433.67; that of this amount, $555 was deposited in the bank to the credit of the camp exchange, Camp SCS37-T, said amount representing collections due the camp exchange from enrollees of the company; that the actual amount of cash brought to the camp by Captain Evans was $878.67; and upon his return to camp the money was rechecked to determine its correctness and was found to be correct; that paying of the men of Civilian Conservation Corps Company 878 began at or about 4:15 p. m., Captain Evans being assisted by First Lt. R. E. Arnold, Quartermaster Reserve, and Mr. U. G. Knight, camp educational adviser, payment of the men being completed at or about 4:45 p. m.; the cash remaining after payment had been completed was checked and found to be $100; of this amount $77 was public funds, to be returned to the finance officer, Fort Sam Houston, Tex., and $23 balance being collections for the camp exchange. After determining the correctness of both amounts, $77 public funds and $23 exchange funds, these amounts were placed in separate envelopes, sealed, and labeled as to contents and identity.

Due to the time of day when payment was completed, it was impracticable to obtain United States postal money order for the $77 for return to the finance officer, Fort Sam Houston, Tex., and too late to deposit the $23 camp exchange collections in the bank. These amounts were placed in the company safe (said safe having been issued by the Government to the company for use in the safekeeping of cash and other valuables), at or about 4:45 p. m., June 30, 1939; that in addition to the above amounts, there was also placed in the safe a sealed envelope containing $100 in currency, representing collections from individual enrollees for foot lockers purchased by them. The safe was locked by Captain Evans, and the locking of same was witnessed by the company clerk, Leader Will Jeff Ákers CC8-892276. (See testimony, exhibit A, questions 9 to 11, p. 19.)

On the following morning, July 1, 1939, at or about 7:10 a. m., Capt. Robert W. Evans went to the safe in which he had placed the $77 in public funds and other cash the evening before and found the door of the safe closed but unlocked and upon opening it found that several envelopes containing cash were missing. When further investigation and inventorying, the contents of the safe, it was found that some person or persons unknown had entered the safe by unlocking of same and removed therefrom the following amounts: $77 public funds, $23 in camp exchange collections, $100 in locker collections, and $3.49 representing miscellaneous collections from boarders.

Immediately upon ascertaining the entire loss sustained, Captain Evans conducted an investigation, notified the commanding officer, north Texas district Civilian Conservation Corps, Fort Worth, Tex., and the Federal and State lawenforcement agencies, who made an investigation.

It is further found that the loss of public funds in the amount of seventyseven dollars ($77) was not due to fault or negligence of the responsible officer, Capt. Robert W. Evans, CA-Res, but due to theft committed by a person or persons unknown on the night of June 30-July 1, 1939; that he did exercise due care and did comply with all pertinent regulations governing the safekeeping and guarding of public funds entrusted to his care, inasmuch as that it being impracticable to obtain a United States postal money order on the evening of June 30, 1939, did place in a sealed envelope the sum of seventy-seven dollars ($77) of public funds (which were to be returned to the finance officer, Fort Sam Houston, Tex.), and securely lock same in a cast-iron safe, this safe having been furnished by the United States Government for the safekeeping of public funds and other valuables entrusted to his care, and which was considered by Captain Evans a safe and secure place in which to keep cash and other valuables for which he was responsible; that also a reasonable guard was maintained during the night over the camp proper, which in the past has been deemed sufficient and adequate; that upon discovery of the loss Captain Evans did personally conduct an investigation, notified his superior officer and Federal and State law-enforcement agencies in an endeavor to recover the loss of public and other funds.

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JOHN L. PENNINGTON

JULY 11, 1940.-Committed to the Committee of the Whole House and ordered to be printed

Mr. KENNEDY of Maryland, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 3581]

The Committee on Claims, to whom was referred the bill (S. 3581) for the relief of John L. Pennington, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to provide for the payment of $168.40 to John L. Pennington, of Seattle, Wash., in full settlement of all claims against the United States for reimbursement of expenses incident to official travel during period of employment as field agent, Railroad Retirement Board.

The facts will be found fully set forth in Senate Report No. 1414 (76th Cong., 3d sess.), which is appended hereto and made a part of this report.

Your committee concurs in the recommendation of the Senate.

[S. Rept. No. 1414, 76th Cong., 3d sess.]

The records of the Board show that claimant entered the service of the Railroad Retirement Board as field agent, CAF-4, $1,800, under a temporary appointment and reported for duty at Seattle, Wash., on June 19, 1939. He remained in Seattle, his official station or post of duty, where he received preliminary instructions, to June 26, 1939, at which time he was directed to perform official travel within the State of Washington, pursuant to travel order No. 1042, dated June 26, 1939, which order specifically authorized him to use his personally owned automobile at 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the performance of official travel for the Railroad Retirement Board.

The records further show that during the months of June, July, and August 1929 claimant used his father's personally owned automobile in the performance of official travel and claimed reimbursement therefor on vouchers, Standard Form No. 1012, at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the amounts of $22.60, $110.55, and $35.25, respectively. In the administrative examination of Mr. Pennington's June and July reimbursement

vouchers, the fact that he was using his father's personally owned automobile for official travel was overlooked and his June 1939 reimbursement voucher was preaudited by the General Accounting Office, certified for payment, and paid by the Chief Disbursing Officer, Treasury Department, without it having been detected that he had used his father's personally owned automobile on official business. However, in the preaudit of his July and August 1939 reimbursement vouchers, the General Accounting Office suspended $110.55 and $35.25, respectively, and raised a charge of $22.60 against Mr. Pennington's June 1939 reimbursement voucher for the reason that he had used his father's personally owned automobile in performing such travel, and had claimed reimbursement therefor at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman.

The Chairman of the Railroad Retirement Board states that since Mr. Pennington was a new employee who was not familiar with the Federal regulations and laws governing the use of personally owned automobile on official business, and the Federal Government received the benefit derived from the use of the automobile in question, and that reimbursement was claimed for the use thereof in good faith, it is the opinion of the Board that Mr. Pennington's claim for relief should receive favorable consideration. In this opinion your committee concur. The following communications are appended hereto and made a part of this report.

Hon. EDWARD R. BURKE,

RAILROAD RETIREMENT BOARD,
Washington, March 27, 1940.

United States Senate, Washington, D. C. MY DEAR SENATOR BURKE: Reference is made to your letter of March 15 1940, enclosing copy of S. 3581 for the relief of John L. Pennington, former field agent of the Railroad Retirement Board, and wherein you request the Railroad Retirement Board to forward for use of the committee on claims all papers, or copies of same, in the files pertaining to this matter, together with an opinion as to its merit.

The records show that Mr. Pennington entered the service of the Railroad Retirement Board as field agent, CAF-4, $1,800, under a temporary appointment and reported for duty at Seattle, Wash., on June 19, 1939 (copy of letter of appointment attached). He remained in Seattle, Wash., his official station or post of duty, where he received preliminary instructions, to June 26, 1939, at which time he was directed to perform official travel within the State of Washington, pursuant to travel order No. 1042, dated June 26, 1939 (copy attached), which order specifically authorized him to use his personally owned automobile at 5 cents per mile, not to exceed the cost of comm.on carrier plus Pullman, in the performance of official travel for the Railroad Retirement Board.

The records further show that during the months of June, July, and August 1939, Mr. Pennington used his father's personally owned automobile in the performance of official travel and claimed reimbursement therefor on vouchers, Standard Form No. 1012, at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the amounts of $22.60, $110.55, and $35.25, respectively.

In the administrative examination of Mr. Pennington's June and July reimbursement vouchers, Standard Form No. 1012, the fact that he was using his father's personally owned automobile for official travel was overlooked and his June 1939 reimbursement voucher was preaudited by the General Accounting Office, certified for payment, and paid by the Chief Disbursing Officer, Treasury Department, without it having been detected that he had used his father's personally owned automobile on official business. However, in the preaudit of his July and August 1939 reimbursement vouchers, the General Accounting Office suspended $110.55 and $35.25, respectively, and raised a charge of $22.60 against Mr. Pennington's June 1939 reimbursement voucher for the reason that he had used his father's personally owned automobile in performing such travel, and had claimed reimbursement therefor at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman.

Travel order No. 1042, dated June 26, 1939, issued to Mr. Pennington, reads in part:

"You are authorized to perform the above travel by your personally owned automobile

* * *""

Paragraph 12 (a) of the Standardized Government Travel Regulations, as amended, reads in part:

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