JUNE 22, 1922, 1 COMP. GEN. 745

FRENCH CLAIMS FOR PRIVATE PROPERTY STOLEN BY ENLISTED MEN OF THE AMERICAN EXPEDITIONARY FORCES UNDER THE AGREEMENT OF DECEMBER 1, 1919, BETWEEN THE UNITED STATES AND FRANCE, THE GOVERNMENT OF FRANCE ASSUMED ALL THE OBLIGATIONS OF THE UNITED STATES WITH RESPECT TO CLAIMS OF INHABITANTS OF FRANCE UNDER THE ACT OF APRIL 18, 1918, 40 STAT., 532. AS A CLAIM FOR PROPERTY STOLEN BY A SOLDIER FOR HIS PERSONAL USE NOT IN LINE OF DUTY WOULD NOT BE PAYABLE ACCORDING TO THE LAW AND PRACTICE GOVERNING THE MILITARY FORCES OF FRANCE, SUCH A CLAIM IS NOT A CLAIM AGAINST THE UNITED STATES UNDER SAID ACT OF APRIL 18, 1918, AND DOES NOT BELONG TO ANY OF THE CLASSES OF CLAIMS FOR WHICH THE GOVERNMENT OF FRANCE ASSUMED LIABILITY UNDER THE AGREEMENT OF DECEMBER 1, 1919. PROPERTY STOLEN FROM FRENCH CITIZENS BY SOLDIERS OF THE AMERICAN ARMY FOR THEIR PERSONAL USE NOT IN LINE OF DUTY CREATES NO LIABILITY ON THE PART OF THE UNITED STATES EXCEPT SUCH AS IT VOLUNTARILY ASSUMES BY COLLECTING THE VALUE OF THE STOLEN PROPERTY FROM PAY DUE SUCH SOLDIERS, THE CLAIMANT'S REDRESS BEING AGAINST THE SOLDIERS PERSONALLY.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 22, 1922:

THE SECRETARY OF WAR APPLIED JUNE 10, 1922, FOR A REVIEW OF SETTLEMENT NO. 800105, DATED OCTOBER 24, 1921, WAR DEPARTMENT DIVISION OF THIS OFFICE, IN WHICH WAS DISALLOWED THE CLAIM OF M. T. RIVET, 16 RUE D ITALIE, CHAMBERY, SAVOIE, FRANCE, FOR 680 FRANCS ON ACCOUNT OF JEWELRY STOLEN FROM THE SHOP OF THE CLAIMANT BY ENLISTED MEN OF THE AMERICAN EXPENDITIONARY FORCES IN OCTOBER, 1918.

THE REASON ASSIGNED FOR THE DISALLOWANCE OF THIS CLAIM WAS THAT SAID CLAIM COMES WITHIN THE AGREEMENT OF DECEMBER 1, 1919, BETWEEN THE UNITED STATES AND FRANCE IN WHICH FRANCE ASSUMED THE OBLIGATIONS OF THE UNITED STATES WITH RESPECT TO CERTAIN CLASSES OF CLAIMS.

UNDER THE AGREEMENT OF DECEMBER 1, 1919, THE FRENCH GOVERNMENT ASSUMED ALL THE LIABILITIES OF THE UNITED STATES WITH RESPECT TO ALL CLAIMS, DEMANDS, RIGHTS, ACTIONS, ETC., OF EVERY NATURE ARISING IN FRANCE BETWEEN THE DATE OF APRIL 6, 1917, AND DECEMBER 31, 1919, WHICH ANY INHABITANT OF FRANCE MIGHT HAVE AGAINST THE UNITED STATES "FOR DAMAGE TO, USE, OR LOSS OF PROPERTY, OR INJURIES TO OR DEATH OF PERSONS, CAUSED BY OR RESULTING FROM ACTS OR OMISSIONS OF MEMBERS OF THE AMERICAN MILITARY FORCES," PARTICULARLY ALL CLAIMS WHICH THE UNITED STATES WAS AUTHORIZED TO PAY TO THE INHABITANTS OF FRANCE UNDER THE ACT OF APRIL 18, 1918, 40 STAT., 532. SAID ACT PROVIDED FOR THE PAYMENT OF CLAIMS OF INHABITANTS OF FRANCE FOR DAMAGES CAUSED BY THE AMERICAN MILITARY FORCES TO THE EXTENT THAT SAID CLAIMS WOULD BE PAYABLE "ACCORDING TO THE LAW OR PRACTICE GOVERNING THE MILITARY FORCES OF THE COUNTRY IN WHICH THEY OCCUR.'

A CLAIM FOR PROPERTY STOLEN BY A SOLDIER FOR HIS PERSONAL USE NOT IN THE LINE OF DUTY WOULD NOT BE PAYABLE ACCORDING TO THE LAW OR PRACTICE GOVERNING THE MILITARY FORCES OF FRANCE. THEREFORE, THE CLAIM IN THIS CASE DOES NOT BELONG TO ANY OF THE CLASSES OF CLAIMS FOR WHICH THE GOVERNMENT OF FRANCE ASSUMED LIABILITY UNDER THE AGREEMENT OF DECEMBER 1, 1919.

THE CLAIMANT'S REDRESS IN SUCH A CASE AS HERE PRESENTED IS NOT AGAINST THE UNITED STATES OR FRANCE BUT AGAINST THE INDIVIDUAL SOLDIERS WHO TORTIOUSLY TOOK THE PROPERTY. SOON AFTER THE PROPERTY IN QUESTION WAS STOLEN FROM CLAIMANT THE UNITED STATES ARMY CONDUCTED AN INVESTIGATION AS A RESULT OF WHICH IT WAS DETERMINED THAT PROPERTY TO AN ALLEGED VALUE OF 680 FRANCS WAS TORTIOUSLY TAKEN BY HILTON HANDY, GEORGE GORDON, FRED A. BARNES, B. W. HOLLAND, AND WILLIAM H. JOHNSON, COLORED SOLDIERS BELONGING TO COMPANY H, 368TH INFANTRY, AND APPLIED TO THEIR PERSONAL USES NOT IN LINE OF DUTY. ACCORDINGLY ONE-FIFTH OF THE TOTAL VALUE OF THE PROPERTY WAS ASSESSED AGAINST EACH OF THEM AND THE SUM OF $50.36 WAS DEDUCTED FROM THE PAY OF GORDON AND HANDY, $25.18 FROM EACH, UNDER AUTHORITY OF THE PROVISIONS OF THE ONE HUNDRED AND FIFTH ARTICLE OF WAR AS ENACTED IN THE ACT OF AUGUST 29, 1916, 39 STAT., 667. THE AMOUNT THUS DEDUCTED WAS NOT PAID TO THE INJURED PARTY AS AUTHORIZED IN SAID ARTICLE OF WAR, BUT HAS SINCE REMAINED IN THE TREASURY OF THE UNITED STATES TO THE CREDIT OF THE APPROPRIATION "PAY OF THE ARMY, 1919.'

NO DEDUCTION OR COLLECTION WAS OR CAN BE MADE FROM THE THREE OTHER SOLDIERS, THEY HAVING BEEN DISCHARGED FROM THE ARMY AND THERE BEING NO PAY DUE THEM.

THE ONLY LIABILITY OF THE UNITED STATES IN THIS MATTER IS SUCH AS IS ASSUMED BY VOLUNTARILY COLLECTING THE SUM OF $25.18 FROM EACH OF TWO OF THE SOLDIERS LIABLE THEREFOR. AS THE AMOUNT THUS COLLECTED, AGGREGATING $50.36, IS STILL IN THE TREASURY OF THE UNITED STATES, IT CAN NOW BE PAID TO CLAIMANT, AND WHILE THE NUMBER OF FRANCS WHICH CLAIMANT MAY REALIZE FROM THE TREASURY CHECK FOR $50.36 MAY NOT EQUAL THE FULL AMOUNT OF HIS CLAIM NO ADDITIONAL AMOUNT CAN BE PAID BY THE UNITED STATES.

UPON A REVIEW OF THE MATTER A DIFFERENCE OF $50.36 IS CERTIFIED DUE CLAIMANT, PAYABLE FROM THE APPROPRIATION "PAY OF THE ARMY, 1919.'