A-18010, APRIL 13, 1927, 6 COMP. GEN. 670

A-18010: Apr 13, 1927

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SHIPMENT OF THE LOT IS REQUIRED TO BE MADE AT THE RATE MOST FAVORABLE TO THE GOVERNMENT. THE OFFICER IS CHARGEABLE. DUE TO THE INCLUSION OF THE AUTOMOBILE WHICH IS OF HIGHER CLASSIFICATION THAN HOUSEHOLD EFFECTS. SHIPMENT OF THIS PROPERTY WAS MADE JULY 17. THE AMOUNT COLLECTED AS EXCESS ON CHANGE OF STATION ALLOWANCE IS THAT SHOWN BY STATEMENT OF ACCOUNT RENDERED AUGUST 2. COST OF TRANSPORTATION IS COMPUTED AS FOLLOWS: B/L 766904 7/17/24 SPOFFORD. 96.80 CLAIMANT'S INSISTENCE THAT HE SHOULD NOT HAVE BEEN REQUIRED TO PAY THIS EXCESS IS BASED ON A MISCONCEPTION OF HIS "RIGHTS" IN THE MATTER. HIS VIEW BEING THAT (1) HE WAS ENTITLED TO HAVE SHIPPED 6. (2) THAT THE GOVERNMENT WAS OBLIGATED TO SHIP HIS MOUNTS ON PERMANENT CHANGE OF STATION.

A-18010, APRIL 13, 1927, 6 COMP. GEN. 670

TRANSPORTATION - HOUSEHOLD EFFECTS, AUTOMOBILE, AND PRIVATE MOUNTS OF AN OFFICER OF THE ARMY WHERE AN OFFICER OF THE ARMY, UNDER PERMANENT CHANGE OF STATION ORDERS, TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT HIS HOUSEHOLD EFFECTS, PROFESSIONAL BOOKS, AN AUTOMOBILE, AND HIS AUTHORIZED MOUNTS, SHIPMENT OF THE LOT IS REQUIRED TO BE MADE AT THE RATE MOST FAVORABLE TO THE GOVERNMENT, AND THE OFFICER IS CHARGEABLE, DUE TO THE INCLUSION OF THE AUTOMOBILE WHICH IS OF HIGHER CLASSIFICATION THAN HOUSEHOLD EFFECTS, WITH THE FREIGHT CHARGES IN EXCESS OF THE FREIGHT PAYABLE ON THE MAXIMUM CHANGE OF STATION BAGGAGE ALLOWANCE AT THE RATE ON HOUSEHOLD EFFECTS.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 13, 1927:

FIRST LIEUT. R. E. IRELAND, CAVALRY, UNITED STATES ARMY, HAS REQUESTED REVIEW OF SETTLEMENT NO. 095136, DATED AUGUST 3, 1925, DISALLOWING HIS CLAIM FOR REFUND OF $96.80 COLLECTED FROM HIM AS EXCESS COST TO THE GOVERNMENT BY REASON OF THE INCLUSION OF HIS AUTOMOBILE IN THE SHIPMENT WITH HIS AUTHORIZED CHANGE OF STATION BAGGAGE ALLOWANCE.

IT APPEARS THAT ON PERMANENT CHANGE OF STATION FROM FORT CLARK, TEX., TO FORT RILEY, KANS., AS DIRECTED BY PARAGRAPH 59, SPECIAL ORDERS, NO. 105, WAR DEPARTMENT, DATED MAY 3, 1924, CLAIMANT TURNED OVER TO THE QUARTERMASTER'S DEPARTMENT FOR SHIPMENT 2,560 POUNDS OF HOUSEHOLD GOODS, 120 POUNDS OF PROFESSIONAL BOOKS, AN AUTOMOBILE WEIGHING 1,900 POUNDS, AND TWO PRIVATE MOUNTS OF AN ESTIMATED WEIGHT OF 1,100 POUNDS EACH. SHIPMENT OF THIS PROPERTY WAS MADE JULY 17, 1924, FROM SPOFFORD, TEX., ON GOVERNMENT BILL OF LADING NO. WQ.A 766904. THE AMOUNT COLLECTED AS EXCESS ON CHANGE OF STATION ALLOWANCE IS THAT SHOWN BY STATEMENT OF ACCOUNT RENDERED AUGUST 2, 1924, BY THE FINANCE OFFICER, WASHINGTON, D.C., ON A.F.O. FORM 416, AS FOLLOWS: THIS SHIPMENT CONSISTED OF ---

AUTHORIZED WEIGHT

HOUSEHOLD GOODS, 2,560 LBS ------------------------ 6,000 LBS.

PROFESSIONAL BOOKS, 120 LBS ----------------------- 120 LBS.

PRIVATE MOUNTS (NO.2), 2,200 LBS. (NO. 2) --------- 2,200 LBS.

AUTOMOBILE, 1,900 LBS.

PREVIOUS SHIPMENTS, ----------------- LBS.

COST OF TRANSPORTATION IS COMPUTED AS FOLLOWS: B/L 766904 7/17/24 SPOFFORD, TEXAS, TO FT. RILEY, KANS.:

H. H. GOODS, 2,560 LBS.

PROF. BOOKS, 120 LBS.

HORSES AS2,200 LBS.

4,880 LBS. AS 20,000 LBS. AT 78 CENTS

PER CWT --------- $156.00

AUTOMOBILE 1,900 LBS. AS 4,000 LBS. AT $2.42

PER CWT --------- 96.80

$252.80 MAXIMUM GOVERNMENT PROPORTION:

H. H. GOODS, 6,000 LBS.

PROF. BOOKS, 120 LBS.

HORSES AS 2,200 LBS.

8,320 LBS. AS 20,000 LBS. AT 78 CENTS

PER CWT ------------------ 156.00

AMOUNT PAYABLE FOR EXCESS -------------------------- 96.80

CLAIMANT'S INSISTENCE THAT HE SHOULD NOT HAVE BEEN REQUIRED TO PAY THIS EXCESS IS BASED ON A MISCONCEPTION OF HIS "RIGHTS" IN THE MATTER, HIS VIEW BEING THAT (1) HE WAS ENTITLED TO HAVE SHIPPED 6,000 POUNDS AS CHANGE OF STATION BAGGAGE ALLOWANCE, (2) THAT THE GOVERNMENT WAS OBLIGATED TO SHIP HIS MOUNTS ON PERMANENT CHANGE OF STATION, AND (3) THAT THE GOVERNMENT COULD NOT BY COMBINING THE TWO FOR THE PURPOSE OF SECURING THE MINIMUM TRANSPORTATION COST SO HANDLE THE SHIPMENTS AS TO RESULT IN PAYING THE COMMERCIAL COST FOR SHIPPING THE AUTOMOBILE, THE WEIGHT OF WHICH WAS INCLUDED WITHIN HIS AUTHORIZED BAGGAGE ALLOWANCE; THAT IS, HAD THE HOUSEHOLD EFFECTS, PROFESSIONAL BOOKS, AND AUTOMOBILE BEEN SHIPPED AS A LESS THAN CARLOAD SHIPMENT FREIGHT ON 3,400 POUNDS AT THE HOUSEHOLD GOODS RATE WOULD HAVE BEEN AVAILABLE FOR APPLICATION ON THE COST OF SHIPPING THE AUTOMOBILE.

THE RIGHT OF THE OFFICER IS A SERVICE IN KIND--- THE SHIPMENT OF HIS AUTHORIZED CHANGE OF STATION ALLOWANCE AT THE RATE FOR HOUSEHOLD EFFECTS, AND THE SHIPMENT OF HIS PROFESSIONAL BOOKS, AND HIS AUTHORIZED MOUNTS; AND THE OFFICIALS OF THE GOVERNMENT IN RENDERING THAT SERVICE IN KIND ARE REQUIRED TO UTILIZE SHIPPING METHODS TO SECURE TO THE GOVERNMENT MINIMUM TRANSPORTATION COSTS. THE OFFICER HAS NO RIGHT TO SHIPMENT OF HIS CHANGE OF STATION BAGGAGE ALLOWANCE AS A LESS THAN CARLOAD SHIPMENT TO ENABLE HIM TO SECURE THE BENEFIT OF THE HOUSEHOLD GOODS RATE ON THE WEIGHT OF HIS AUTOMOBILE WITHIN HIS ALLOWANCES. THE OFFICER WAS ENTITLED TO SHIP 6,000 POUNDS OF PERSONAL BAGGAGE TAKING THE HOUSEHOLD GOODS RATE. IF IN SHIPPING HIS CHANGE OF STATION BAGGAGE ALLOWANCE HE COULD HAVE INCLUDED WITH AND AS A PART OF IT ITEMS OF "BAGGAGE" PERMITTED BY THE REGULATIONS BUT TAKING A HIGHER CLASSIFICATION, SUCH INCLUSION IS PERMITTED; BUT WHERE ITEMS OF "BAGGAGE" TAKING A HIGHER CLASSIFICATION ARE INCLUDED WITH CHANGE OF STATION BAGGAGE ALLOWANCE SHIPMENTS, ANY AND ALL INCREASE TO THE GOVERNMENT OVER THE COST FOR SHIPPING HOUSEHOLD EFFECTS MUST BE PAID BY THE SHIPPER.

THE EXCESS AS SHOWN BY THE FOREGOING STATEMENT, WHICH THE CLAIMANT WAS REQUIRED TO REFUND, WAS CAUSED BY THE INCLUSION OF HIS AUTOMOBILE, WHICH IS OF A HIGHER CLASSIFICATION THAN HOUSEHOLD EFFECTS AND WAS NOT AUTHORIZED BY THE TARIFFS TO BE INCLUDED AS A PART OF THE MINIMUM CARLOAD ON WHICH FREIGHT WAS PAID, THE ENTIRE COST OF ITS SHIPMENT WAS THEREFORE AN EXCESS OVER THE COST OF SHIPPING HIS AUTHORIZED CHANGE OF STATION BAGGAGE ALLOWANCE AS HOUSEHOLD EFFECTS. THE SUM COLLECTED WAS MADE AS A RESULT OF THE PROPER DETERMINATION OF HIS LIABILITY TO THE UNITED STATES IN ACCORDANCE WITH THE DECISIONS AND ESTABLISHED PROCEDURE IN EFFECT AT THE TIME THE SETTLEMENT WAS MADE.