Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-02-13
'M'CARL CUTS OFF
JUS. COMPENSATION
Controller General Charges
$10,207 Illegally Paid in
Vocational Diseases.

The long disputed question Of pay
ing compensation to government en-
ployes for vocational diseases. which
has already involved the compensa-
ton commission. the Department of
Justice and the President of the
United States. rose to another climax
today when it was learned that Con-
troller General McCarl has disallowed
more than $4,000 paid by the dis
bursting officer of the commission, and
has cut him Off from drawing any
further money from tho "employes'
compensation fund" in the Treasury.
The controller general, in a letter
to the disbursing officer, a. H. Gardes,
set forth the reason for such action,
as follows:
Charges Obstinate Course.
Your persistent refusal to furnish
fact to establish the legality Of the
payment made by you and questioned
by this Office, as aforesaid, leaves no
the settlement of your account, said
suspended item, aggregating the sum
of $1O.20756, which action has been
directed. A charge will be raised
against you accordingly and colfec-
ton proceeded with under your Off
cial bond in the sum Of $4,000, dated
January 3, 1922, with the New Am
sterdam Casualty Company. Balti-
more, Md, as surety"
The disbursing officer. 1T was re-
vealed today, had refused to furnish
certain evidence concerning the sta
sons to whom the payments were
made.
This disputed point over the ques-
ton of payments to those suffering
with vocational diseases had pre-
viously drawn from the acting At
former President Harding, an opin-
ion which held that the commission
could pay compensation for such dis
eases. The controller general holds
that under the law such payments
cannot be made.
Not Bound BY Opinion.
The controller general holds that
he is not bound by the advisory
opinion Of the acting Attorney Cen
eral." :
The point at issue involved .vouch-
ers paid by the disbursing officer
since February /. 1928. and which
sufficiently explained by the disburs-
ing officer to make 1t clear the paw
ment was legal.
When asked to explain the nature
Of the disbursements, Mr.. Gardes re-
piled that the commission. standing
on the opinion Of the Attorney Gener-
al, can see no reason for changing
it's decision"
The action Of the disbursing officer,
the controller general said in his let
ter notifying that further funds from
the Treasury will be denied, must be
taken as evidence of O final determi-
nation to you and the commission to
disregard the decision OF this Office"
Later the compensation commission
issued the following statement:
''The demand of the controller gen.
-eral upon the compensation commits
sion for the evidence upon which the
awards of the commission had been
made was for the purpose of review
ing the commissions finding Of facts
and it's. award.
Because the right of the controller
to make such review was denied. the
commission refused to furnish the in
formation demanded, not, however,
denying the controller general access
to any Of the commissions records.
This action was taken in accordance
with the opinion OF the Attorney Gen.
eral of May Is, 1928, in which the At
torney General said, 1T Is, therefore,
my opinion that the employees COM
pensation commission has the power,
by virtue Of the act under which it
was created, to construe the terms Of
said act, and that any construction
SO rendered is final and beyond ia
reference by other governmental Of
ficials."