B-117623, SEP. 21, 1955

B-117623, SEP. 21, 1955

TO THE BALTIMORE AND OHIO RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM, PER BILL 488111-A, FOR $38.16 ALLEGED TO BE DUE FOR THE TRANSPORTATION OF A SHIPMENT OF HOUSEHOLD EFFECTS FROM BOSTON, MASSACHUSETTS, TO THE SUPPLY OFFICER, NAVAL ACADEMY, ANNAPOLIS, MARYLAND, ON BILL OF LADING N-3781947 IN MAY 1944.

IN SUPPORT OF YOUR CLAIM, YOU FURNISHED A PHOTOSTATIC COPY OF NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY FREIGHT WAYBILL NO. 14752, DATED MAY 12, 1944, WHICH WAS ISSUED TO COVER THE MOVEMENT FROM BOSTON, MASSACHUSETTS, TO THE SUPPLY OFFICER, NAVAL ACADEMY, ANNAPOLIS, MARYLAND, OF A SHIPMENT OF HOUSEHOLD EFFECTS, INDICATED AS BEING THE PROPERTY OF LT. (JG) MARSHALL N. ARLIN, USNR; A TYPEWRITTEN COPY OF A FREIGHT BILL, APPARENTLY PREPARED AT CLIFFORD (BALTIMORE), MARYLAND; CERTIFICATION BY M. C. SMITH, SPECIAL CLERK, THAT BILL OF LADINGNO. N-3781947 HAD NEVER BEEN STATED IN ANY ACCOUNT RENDERED BY THE BALTIMORE AND OHIO RAILROAD; AND A LETTER FROM YOUR OFFICE TO THE EFFECT THAT YOU WERE "UNABLE TO SUBMIT A COPY OF THE SIGNED DELIVERY RECEIPT AS AGENT'S RECORDS ARE DESTROYED.' YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY THE NECESSARY EVIDENCE, EITHER IN THE FORM OF A "CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING," OR OTHERWISE. YOU WERE ADVISED, ALSO, THAT YOU HAD NOT FURNISHED A WAIVER FROM THE DELIVERING OR LAST CARRIER AUTHORIZING PAYMENT OF THE CHARGES FOR THE TRANSPORTATION OF THIS SHIPMENT TO YOUR COMPANY, AND THAT THE ADMINISTRATIVE OFFICE HAD NOT RECOMMENDED PAYMENT OF YOUR CLAIM.

IN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT DISALLOWING YOUR CLAIM, YOU URGE THAT THE COPIES OF DOCUMENTS FURNISHED IN SUPPORT OF YOUR CLAIM PROVIDE EVIDENCE WHICH "IS SUFFICIENT PROOF OF DELIVERY" OF THE SHIPMENT. PARAGRAPH 10 OF GENERAL REGULATIONS NO. 97-REVISED, ISSUED BY OUR OFFICE ON JANUARY 21, 1946, SETS OUT THE PROCEDURE UNDER WHICH CERTIFICATES IN LIEU OF LOST GOVERNMENT BILLS OF LADING WILL BE ISSUED. PRESUMABLY, COPIES OF THIS REGULATION ARE IN THE POSSESSION OF YOUR COMPANY. IT WAS DESIGNED TO BRING OUT THE DOCUMENTS OR INFORMATION NECESSARY TO FORM THE BASIS FOR THE PAYMENT OF CLAIMS FOR CHARGES FOR THE TRANSPORTATION OF GOVERNMENT SHIPMENTS. THE RECORD HERE DOES NOT SHOW THAT YOU HAVE MADE AN EFFORT TO SECURE SUCH A CERTIFICATE UNDER THE ESTABLISHED PROCEDURE, AND THE DOCUMENTS THAT YOU HAVE SUBMITTED, INCLUDING THE TYPEWRITTEN, UNSIGNED COPY OF THE DELIVERY RECEIPT, ARE NOT COMPETENT EVIDENCE OF THE DELIVERY OF THE SHIPMENT TO THE SUPPLY OFFICER AT THE NAVAL ACADEMY, ANNAPOLIS, MARYLAND.

CONDITION ONE ON THE BACK OF THE GOVERNMENT BILL OF LADING FORM PROVIDES THAT:

"IT IS MUTUALLY AGREED AND UNDERSTOOD BETWEEN THE UNITED STATES AND CARRIERS WHO ARE PARTIES TO THIS BILL OF LADING THAT---

"1. * * * ON PRESENTATION OF THIS BILL OF LADING, PROPERLY ACCOMPLISHED AND ATTACHED TO FREIGHT VOUCHER PREPARED ON THE AUTHORIZED GOVERNMENT FORM, TO THE OFFICE INDICATED ON THE FACT HEREOF, PAYMENT WILL BE MADE TO THE LAST CARRIER, UNLESS OTHERWISE SPECIFICALLY STIPULATED.'

APPARENTLY, IF THIS SHIPMENT WAS TRANSPORTED TO ANNAPOLIS, MARYLAND, THE BALTIMORE AND ANNAPOLIS RAILROAD WAS THE LAST CARRIER. THERE IS NOTHING IN THE RECORD HERE TO SHOW THAT THE LAST CARRIER WAS NOT PAID FOR THIS TRANSPORTATION, OR, IF NOT PAID, AUTHORIZING PAYMENT THEREFOR TO YOUR COMPANY.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.