A-19897, SEPTEMBER 28, 1927, 7 COMP. GEN. 241

A-19897: Sep 28, 1927

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TRANSPORTATION - HOUSEHOLD EFFECTS OF VETERANS' BUREAU MEDICAL OFFICER CHANGING STATION WHERE THE HOUSEHOLD EFFECTS OF A MEDICAL OFFICER OF THE VETERANS' BUREAU ARE TRANSPORTED BY MOTOR TRUCK. WHEREIN WAS ALLOWED ONLY $12.50 OF HIS CLAIM IN THE AMOUNT OF $57. THE DISALLOWANCE OF $44.50 WAS FOR THE REASON THAT THE GOVERNMENT RATE FOR RAILWAY TRANSPORTATION FOR HOUSEHOLD GOODS FROM LIVERMORE TO SAN FRANCISCO WAS 25 CENTS PER HUNDREDWEIGHT. THE CLAIMANT WAS DIRECTED TO PROCEED ON JULY 24. ANOTHER ORDER WAS ADDRESSED TO THE CLAIMANT AS FOLLOWS: TRAVEL ORDER DATED JULY 17. IS HEREBY AMENDED TO INCLUDE AUTHORITY FOR THE SHIPMENT OF HOUSEHOLD EFFECTS AND PERSONAL PROPERTY. DRAYAGE WILL NOT BE ALLOWED. * * * IN HIS REQUEST FOR REVIEW THE CLAIMANT STATES: * * * THE RATE CHARGED BY THE MOTOR TRUCK COMPANY WAS $1.14 PER CWT.

A-19897, SEPTEMBER 28, 1927, 7 COMP. GEN. 241

TRANSPORTATION - HOUSEHOLD EFFECTS OF VETERANS' BUREAU MEDICAL OFFICER CHANGING STATION WHERE THE HOUSEHOLD EFFECTS OF A MEDICAL OFFICER OF THE VETERANS' BUREAU ARE TRANSPORTED BY MOTOR TRUCK, ON CHANGE OF STATION FOR PERMANENT DUTY, UNDER AUTHORITY OF THE ACT OF APRIL 22, 1926, 44 STAT. 319, AND REGULATIONS ISSUED IN PURSUANCE THEREOF, REIMBURSEMENT MAY BE MADE OF THE COST OF SUCH TRANSPORTATION PROVIDED IT DOES NOT EXCEED THE AUTHORIZED FREIGHT CHARGES PLUS A REASONABLE ALLOWANCE FOR PACKING, CRATING, AND DRAYAGE, NOT IN EXCESS OF $1.75 PER HUNDRED POUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 28, 1927:

DR. H. C. WATTS, MEDICAL OFFICER, UNITED STATES VETERANS' BUREAU, REQUESTED AUGUST 29, 1927, REVIEW OF SETTLEMENT NO. 0149378, DATED MARCH 26, 1927, WHEREIN WAS ALLOWED ONLY $12.50 OF HIS CLAIM IN THE AMOUNT OF $57, FOR REIMBURSEMENT OF THE COST OF SHIPPING BY MOTOR TRUCK 5,000 POUNDS OF HOUSEHOLD EFFECTS FROM LIVERMORE, CALIF., TO SAN FRANCISCO, CALIF., JULY 24, 1926. THE DISALLOWANCE OF $44.50 WAS FOR THE REASON THAT THE GOVERNMENT RATE FOR RAILWAY TRANSPORTATION FOR HOUSEHOLD GOODS FROM LIVERMORE TO SAN FRANCISCO WAS 25 CENTS PER HUNDREDWEIGHT, OR $12.50.

THE FACTS APPEAR TO BE AS FOLLOWS:

ON JULY 17, 1926, THE CLAIMANT WAS DIRECTED TO PROCEED ON JULY 24, 1926, OR AS SOON THEREAFTER AS POSSIBLE, FROM LIVERMORE TO SAN FRANCISCO, REPORTING ON ARRIVAL TO THE CHIEF COORDINATOR, GROUP E, FOR THE PURPOSE OF ASSIGNMENT TO DUTY, AND THAT THE NECESSARY TRANSPORTATION EXPENSES AND $6 PER DIEM IN LIEU OF SUBSISTENCE WOULD BE ALLOWED. ON SEPTEMBER 22, 1926, ANOTHER ORDER WAS ADDRESSED TO THE CLAIMANT AS FOLLOWS:

TRAVEL ORDER DATED JULY 17, 1926, DIRECTING YOU TO PROCEED FROM LIVERMORE, CALIFORNIA, TO SAN FRANCISCO, CALIFORNIA, FOR THE PURPOSE OF REPORTING TO THE CHIEF COORDINATOR, GROUP E, FOR ASSIGNMENT TO DUTY, IS HEREBY AMENDED TO INCLUDE AUTHORITY FOR THE SHIPMENT OF HOUSEHOLD EFFECTS AND PERSONAL PROPERTY, NOT TO EXCEED 5,000 POUNDS, IN ACCORDANCE WITH REGULATION NO. 154. (MED.)

THE ACT OF APRIL 22, 1926, 44 STAT. 319, PROVIDES:

* * * THAT PHYSICIANS, DENTISTS, AND NURSES OF THE MEDICAL SERVICE OF THE UNITED STATES VETERANS' BUREAU, IN ADDITION TO THEIR COMPENSATION, WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, MAY BE ALLOWED, WITHIN THE DISCRETION AND UNDER WRITTEN ORDER OF THE DIRECTOR, THE EXPENSES INCURRED FOR PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY NOT EXCEEDING IN ALL 5,000 POUNDS: * * *

PURSUANT TO THE FOREGOING, REGULATIONS NO. 154, UNITED STATES VETERANS' BUREAU, EFFECTIVE JULY 1, 1926, PROVIDES:

SEC. 12306. SHIPMENTS OF HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY * * * MAY ALSO BE MADE BY MOTOR TRUCK WHEN THE COST OF SHIPMENT BY THIS CARRIER DOES NOT EXCEED THE COST OF FREIGHT, TAKING INTO CONSIDERATION CHARGES FOR PACKING, CRATING, AND DRAYAGE. * * *

SEC. 12309. * * * THAT CHARGES IN EXCESS OF $1.75 PER HUNDRED POUNDS FOR SUCH PACKING, CRATING, AND DRAYAGE WILL NOT BE ALLOWED. * * *

IN HIS REQUEST FOR REVIEW THE CLAIMANT STATES:

* * * THE RATE CHARGED BY THE MOTOR TRUCK COMPANY WAS $1.14 PER CWT., WHICH CHARGE WAS MADE FOR SENDING THE TRUCK TO LIVERMORE, LOADING ON THE GOODS, CARRYING AND DELIVERING THEM TO SAN FRANCISCO.

WHILE IT IS TRUE THAT A FREIGHT SHIPMENT WOULD HAVE COST THE GOVERNMENT ONLY 25 CENTS PER CWT., UPON WHICH BASIS SETTLEMENT WAS MADE, THERE WOULD, IN ADDITION, HAVE BEEN A CHARGE FOR CRATING, IF MADE IN ACCORDANCE WITH SECTION 12306 OF THE REGULATION, OF $87.50. IN THE LIGHT OF THIS INFORMATION, WOULD IT NOT BE PROPER FOR THE GOVERNMENT TO REIMBURSE FOR THE REST OF THE EXPENDITURE INVOLVED IN THE SHIPMENT OF 5,000 LBS. INASMUCH AS THE TOTAL IS ONLY ABOUT 50 PERCENT OF WHAT CHARGES WOULD OTHERWISE HAVE BEEN?

IT WILL BE NOTED THAT THE REGULATIONS REFERRED TO DO NOT PROVIDE FOR A FIXED ALLOWANCE OF $1.75 PER HUNDRED POUNDS FOR PACKING, CRATING, AND DRAYAGE, AS MIGHT BE INFERRED FROM CLAIMANT'S STATEMENT, BUT PROVIDE FOR REIMBURSEMENT OF THE ACTUAL COST OF PACKING, CRATING, AND DRAYAGE, NOT IN EXCESS OF $1.75 PER HUNDRED POUNDS. HOWEVER, THE REGULATIONS SPECIFICALLY PROVIDE FOR "TAKING INTO CONSIDERATION CHARGES FOR PACKING, CRATING, AND DRAYAGE" IN DETERMINING WHETHER THE COST OF SHIPMENT BY TRUCK EXCEEDS WHAT IT WOULD HAVE COST HAD THE SHIPMENT BEEN BY FREIGHT, AND AS THE DIFFERENCE BETWEEN THE AMOUNT PAID IN THIS CASE FOR THE TRANSPORTATION BY MOTOR TRUCK AND THE AMOUNT WHICH WOULD HAVE BEEN PAID FOR FREIGHT IF THE SHIPMENT HAD BEEN BY RAIL ($57-$12.50) $44.50 APPEARS NOT TO BE IN EXCESS OF WHAT WOULD REASONABLY HAVE BEEN THE ACTUAL COST OF FREIGHT, PLUS THE COST OF PACKING, CRATING, AND DRAYAGE, BEING $43 LESS THAN THE MAXIMUM AMOUNT AUTHORIZED TO BE EXPENDED FOR PACKING, CRATING, AND DRAYAGE, ALLOWANCE OF SAID AMOUNT IS AUTHORIZED. ACCORDINGLY, UPON REVIEW THERE IS CERTIFIED AS DUE THE CLAIMANT THE SUM OF $44.50 IN ADDITION TO THE AMOUNT HERETOFORE ALLOWED.