A-20211, FEBRUARY 20, 1928, 7 COMP. GEN. 498

A-20211: Feb 20, 1928

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WILL BE DETERMINED BY THE ROUTE AND DISTANCE BETWEEN TERMINAL POINTS OF TRAVEL AS ESTABLISHED BY THE SECRETARY OF WAR. FROM THE AMOUNT SO DETERMINED A DEDUCTION WILL BE REQUIRED OF 3 CENTS A MILE FOR EACH MILE OF 50 PERCENT OF FREE LAND-GRANT ROAD INCLUDED IN SAID DISTANCE. A FURTHER DEDUCTION OF 3 CENTS A MILE FOR THE DISTANCE NOT OVER THE OFFICIAL ROUTE FOR WHICH TRANSPORTATION IS FURNISHED BY THE UNITED STATES. 1928: THIS OFFICE IS IN RECEIPT OF YOUR LETTER OF JULY 22. IN YOUR APPLICATION FOR REVIEW YOU CLAIM THAT PAYMENT OF $181.52 AS ORIGINALLY MADE WAS CORRECT. IT IS NOT NECESSARY TO CONSIDER THE VARIOUS SUGGESTED METHODS OF ASCERTAINING THE PROPER MILEAGE ALLOWANCE IN THIS CASE. THE QUESTION FOR DETERMINATION IS THE MILEAGE ALLOWANCE AS AUTHORIZED BY LAW UPON THE STATE OF FACTS IN THIS PARTICULAR CASE.

A-20211, FEBRUARY 20, 1928, 7 COMP. GEN. 498

MILEAGE - DEDUCTIONS FOR TRANSPORTATION FURNISHED EFFECTIVE APRIL 1, 1928, THE MILEAGE ALLOWANCE TO OFFICERS OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE, IN ACCORDANCE WITH THE ACT OF JUNE 12, 1906, 34 STAT. 246, AS EXTENDED BY THE ACT OF JUNE 10, 1922, 42 STAT. 631, WILL BE DETERMINED BY THE ROUTE AND DISTANCE BETWEEN TERMINAL POINTS OF TRAVEL AS ESTABLISHED BY THE SECRETARY OF WAR, AND FROM THE AMOUNT SO DETERMINED A DEDUCTION WILL BE REQUIRED OF 3 CENTS A MILE FOR EACH MILE OF 50 PERCENT OF FREE LAND-GRANT ROAD INCLUDED IN SAID DISTANCE, AND A FURTHER DEDUCTION OF 3 CENTS A MILE FOR THE DISTANCE NOT OVER THE OFFICIAL ROUTE FOR WHICH TRANSPORTATION IS FURNISHED BY THE UNITED STATES. (AMPLIFIED BY 7 COMP. GEN. 802.)

COMPTROLLER GENERAL MCCARL TO LIEUT. JOHN M. CONNOR, UNITED STATES ARMY, FEBRUARY 20, 1928:

THIS OFFICE IS IN RECEIPT OF YOUR LETTER OF JULY 22, 1927, APPLYING FOR A REVIEW OF THE ACTION OF THIS OFFICE IN SETTLEMENT K-14251-W, DATED SEPTEMBER 13, 1927, IN DISALLOWING $19.27 OF $181.52 PAID TO CAPT. BENJAMIN B. BAIN BY MAJ. E. B. SPILLER, PER VOUCHER 285, SEPTEMBER, 1926, AS MILEAGE FOR TRAVEL FROM MOSCOW, IDAHO, TO FORT BENNING, GA., UNDER PARAGRAPH 40 OF WAR DEPARTMENT SPECIAL ORDERS, NO. 94, DATED APRIL 21, 1926, IN ADDITION TO A DEDUCTION OF $33.23 MADE IN A PAYMENT TO CAPTAIN BAIN BY MAJOR SPILLER, PER VOUCHER 963, JANUARY, 1927, SETTLEMENT K-10970- W. THE DISALLOWANCE AND DEDUCTION AGGREGATING $52.50 REDUCED THE AMOUNT ALLOWED FOR MILEAGE TO CAPTAIN BAIN FOR THE CITED TRAVEL TO $129.02.

IN YOUR APPLICATION FOR REVIEW YOU CLAIM THAT PAYMENT OF $181.52 AS ORIGINALLY MADE WAS CORRECT. THE CHIEF OF FINANCE, IN TRANSMITTING YOUR APPLICATION TO THIS OFFICE PER INDORSEMENT OF OCTOBER 11, 1927, REQUESTS RECONSIDERATION OF THE DISALLOWANCE AS APPARENTLY "BASED UPON AN ERRONEOUS CONCLUSION AS TO THE FACTS.' IT IS NOT NECESSARY TO CONSIDER THE VARIOUS SUGGESTED METHODS OF ASCERTAINING THE PROPER MILEAGE ALLOWANCE IN THIS CASE.

THE QUESTION FOR DETERMINATION IS THE MILEAGE ALLOWANCE AS AUTHORIZED BY LAW UPON THE STATE OF FACTS IN THIS PARTICULAR CASE, WHICH ARE AS FOLLOWS:

THE OFFICER TRAVELED UNDER ORDERS FROM MOSCOW, IDAHO, TO FORT BENNING, GA., AND WAS FURNISHED TRANSPORTATION PER GOVERNMENT TRANSPORTATION REQUEST WQ-350259, JULY 17, 1926, FROM MOSCOW, IDAHO, TO INDIANAPOLIS, IND., VIA NORTHERN PACIFIC RAILROAD, MOSCOW, IDAHO, TO ST. PAUL, MINN., AND THE PENNSYLVANIA RAILROAD, CHICAGO, ILL., TO INDIANAPOLIS, IND. THE ROUTE FROM ST. PAUL, NN., TO CHICAGO, ILL., IS NOT SHOWN; IN THE ABSENCE OF EVIDENCE AS TO THE ROUTE USED FOR THIS PORTION OF THE SERVICE THE SHORT -LINE ROUTE MAY BE ASSUMED TO HAVE BEEN USED THEREFOR.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES:

THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE, AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT; * * *.

THE LANGUAGE EXTENDING THE PROVISIONS FOR THE ISSUANCE OF TRANSPORTATION AND DEDUCTION FROM MILEAGE ACCOUNTS IN THE FOREGOING IS A DIRECT REFERENCE TO THE ACT OF JUNE 12, 1906, 34 STAT. 246. THAT ACT, AS WILL APPEAR, MADE PERMANENT PROVISION FOR MILEAGE FOR OFFICERS OF THE ARMY, AND THE GRANT OF 7 CENTS PER MILE WAS QUALIFIED BY THE SUBSEQUENT PROVISIONS OPERATING AS A REDUCTION FROM THE STATUTORY GRANT AND THE REFERENCE IN THE ACT OF JUNE 10, 1922, HAS THE SAME EFFECT ON THE 8 CENTS GRANTED THEREIN. THE ACT OF 1906 PROVIDES:

* * * THAT HEREAFTER OFFICERS, ACTIVE AND RETIRED, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, AND RETIRED OFFICERS WHO HAVE SO TRAVELED SINCE MARCH THREE, NINETEEN HUNDRED AND FIVE, SHALL BE PAID SEVEN CENTS PER MILE AND NO MORE; DISTANCES TO BE COMPUTED AND MILEAGE TO BE PAID OVER THE SHORTEST USUALLY TRAVELED ROUTES, WITH DEDUCTION AS HEREINAFTER PROVIDED; AND PAYMENT AND SETTLEMENT OF MILEAGE ACCOUNTS OF OFFICERS SHALL BE MADE ACCORDING TO DISTANCES AND DEDUCTIONS COMPUTED OVER ROUTES ESTABLISHED AND BY MILEAGE TABLES PREPARED BY * * * PROVIDED FURTHER, THAT OFFICERS WHO SO DESIRE MAY, UPON APPLICATION TO THE QUARTERMASTER'S DEPARTMENT, BE FURNISHED UNDER THEIR ORDERS TRANSPORTATION REQUESTS FOR THE ENTIRE JOURNEY BY LAND, EXCLUSIVE OF SLEEPING AND PARLOR CAR ACCOMMODATIONS, OR BY WATER; AND THE TRANSPORTATION SO FURNISHED SHALL, IF TRAVEL WAS PERFORMED UNDER A MILEAGE STATUS, BE A CHARGE AGAINST THE OFFICER'S MILEAGE ACCOUNT, TO BE DEDUCTED AT THE RATE OF THREE CENTS PER MILE BY THE PAYMASTER PAYING THE ACCOUNT, AND OF THE AMOUNT SO DEDUCTED THERE SHALL BE TURNED OVER TO AN AUTHORIZED OFFICER OF THE QUARTERMASTER'S DEPARTMENT THREE CENTS PER MILE FOR TRANSPORTATION FURNISHED, EXCEPT OVER ANY RAILROAD WHICH IS A FREE OR FIFTY PERCENTUM LAND-GRANT RAILROAD, FOR THE CREDIT OF THE APPROPRIATION FOR THE TRANSPORTATION OF THE ARMY AND ITS SUPPLIES: AND PROVIDED FURTHER, THAT WHEN THE ESTABLISHED ROUTE OF TRAVEL SHALL, IN WHOLE OR IN PART, BE OVER THE LINE OF ANY RAILROAD ON WHICH THE TROOPS AND SUPPLIES OF THE UNITED STATES ARE ENTITLED TO BE TRANSPORTED FREE OF CHARGE, OR OVER ANY FIFTY PERCENTUM LAND-GRANT RAILROAD, OFFICERS TRAVELING AS HEREIN PROVIDED FOR SHALL, FOR THE TRAVEL OVER SUCH ROADS, BE FURNISHED WITH TRANSPORTATION REQUESTS, EXCLUSIVE OF SLEEPING AND PARLOR CAR ACCOMMODATIONS, BY THE QUARTERMASTER'S DEPARTMENT: AND PROVIDED FURTHER, THAT WHEN TRANSPORTATION IS FURNISHED BY THE QUARTERMASTER'S DEPARTMENT, OR WHEN THE ESTABLISHED ROUTE OF TRAVEL IS OVER ANY OF THE RAILROADS ABOVE SPECIFIED, THERE SHALL BE DEDUCTED FROM THE OFFICER'S MILEAGE ACCOUNT BY THE PAYMASTER PAYING THE SAME THREE CENTS PER MILE FOR THE DISTANCE FOR WHICH TRANSPORTATION HAS BEEN OR SHOULD HAVE BEEN FURNISHED * * *.

THE FIRST PROVISO PERMITS THE FURNISHING OF TRANSPORTATION IRRESPECTIVE OF WHETHER THE ROUTE OF TRAVEL INCLUDES LAND GRANT AND PROVIDES FOR A DEDUCTION AT THE RATE OF 3 CENTS PER MILE; THE SECOND PROVISO IS MANDATORY THAT WHEN THE OFFICIAL ROUTE OF TRAVEL IN WHOLE OR IN PART IS OVER A LAND- GRANT RAILROAD, TRANSPORTATION SHALL BE ISSUED FOR THE TRAVEL OVER SUCH ROAD; AND THE THIRD PROVISO IS DESIGNED TO MAKE THE SECOND EFFECTIVE BY DIRECTING A DEDUCTION WHETHER THE TRANSPORTATION HAS OR HAS NOT BEEN ISSUED.

ACCORDING TO THE ACT OF JUNE 12, 1906, 34 STAT. 246 (AMENDED BY THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS TO THE RATE OF MILEAGE ALLOWANCE), THE MILEAGE ACCOUNTS OF OFFICERS ARE TO BE PAID AND SETTLED AS FOLLOWS:

1. DISTANCES AND DEDUCTIONS ARE REQUIRED TO BE COMPUTED OVER ROUTES ESTABLISHED AND BY MILEAGE TABLES PREPARED BY THE PAYMASTER GENERAL OF THE ARMY UNDER DIRECTION OF THE SECRETARY OF WAR.

2. OFFICERS MAY, UPON APPLICATION TO THE QUARTERMASTER'S DEPARTMENT, BE FURNISHED UNDER THEIR ORDERS, TRANSPORTATION REQUESTS FOR THE ENTIRE JOURNEY BY LAND, EXCLUSIVE OF SLEEPING AND PARLOR CAR ACCOMMODATIONS, OR BY WATER; TRANSPORTATION SO FURNISHED SHALL BE A CHARGE AGAINST THE OFFICER'S MILEAGE ACCOUNT TO BE DEDUCTED AT THE RATE OF THREE CENTS A MILE FOR THE TRANSPORTATION FURNISHED.

3. WHEN THE ESTABLISHED ROUTE OF TRAVEL SHALL, IN WHOLE OR IN PART, BE OVER THE LINE OF ANY RAILROAD ON WHICH THE TROOPS AND SUPPLIES OF THE UNITED STATES ARE ENTITLED TO BE TRANSPORTED FREE OF CHARGE OR OVER ANY FIFTY PERCENTUM LAND-GRANT RAILROAD, OFFICERS TRAVELING IN A MILEAGE STATUS SHALL FOR TRAVEL OVER SUCH ROADS BE FURNISHED WITH TRANSPORTATION REQUESTS, EXCLUSIVE OF SLEEPING AND PARLOR CAR ACCOMMODATIONS, BY THE QUARTERMASTER'S DEPARTMENT; IT BEING PROVIDED THAT WHEN THE TRANSPORTATION IS SO FURNISHED OR WHEN THE ESTABLISHED ROUTE OF TRAVEL IS OVER ANY OF THE RAILROADS ABOVE SPECIFIED, THERE SHALL BE DEDUCTED FROM THE OFFICER'S MILEAGE ACCOUNT, THREE CENTS PER MILE FOR THE DISTANCE FOR WHICH TRANSPORTATION HAS BEEN OR SHOULD HAVE BEEN FURNISHED.

THE CURRENT OFFICIAL TABLE OF DISTANCES PUBLISHED BY THE QUARTERMASTER CORPS, THE SUCCESSOR OF THE PAYMASTER GENERAL, IN 1918 IN ACCORDANCE WITH THE CITED STATUTE BY ORDER OF THE SECRETARY OF WAR, NAMES TOTAL MILES AND LAND-GRANT MILES BETWEEN VARIOUS PLACES, IN ACCORDANCE WITH WHICH THE MILEAGE FROM MOSCOW, IDAHO, TO FORT BENNING, GA., IS 2,671 MILES OF WHICH 897 MILES LIE OVER LAND-GRANT ROADS.

THE TRANSPORTATION FURNISHED THE OFFICER FROM MOSCOW, IDAHO, TO INDIANAPOLIS, IND., WAS NOT BY THE OFFICIAL ROUTE BETWEEN THE SAID POINTS NOR BETWEEN THE ULTIMATE POINTS OF THE REQUIRED JOURNEY, BUT WAS FURNISHED BY A CIRCUITOUS ROUTE FOR THE OFFICER'S OWN CONVENIENCE.

THE LAW REQUIRES THE COMPUTATION OF MILEAGE BY THE "OFFICIAL TABLE OF DISTANCES" WHEN THE TRANSPORTATION IS REQUIRED AND FURNISHED BY THE OFFICIAL ROUTE BUT THIS DOES NOT APPLY TO ACTUAL TRANSPORTATION FURNISHED BY A CIRCUITOUS ROUTE FOR THE OFFICER'S OWN CONVENIENCE. IN SUCH CASES THE DEDUCTION OF 3 CENTS A MILE IS REQUIRED FOR THE TRANSPORTATION ACTUALLY FURNISHED.

IN A DECISION OF THE COMPTROLLER OF THE TREASURY, DATED JANUARY 5, 1901, 7 COMP. DEC. 301, IT WWS HELD THAT---

WHERE THE TRAVEL BY AN OFFICER OF THE ARMY IS BY ONE OF TWO OR MORE USUALLY TRAVELED ROUTES BETWEEN THE SAME TERMINAL POINTS OVER WHICH THE FARE IS THE SAME, EITHER TO THE PUBLIC OR BY SPECIAL AGREEMENT WITH THE GOVERNMENT, A DEDUCTION FROM THE OFFICER'S MILEAGE ALLOWANCE OF 3 CENTS PER MILE, AS PROVIDED BY THE ACT OF MAY 26, 1900, SHOULD BE MADE FOR THE NUMBER OF MILES FOR WHICH TRANSPORTATION IS ACTUALLY FURNISHED, OR SHOULD HAVE BEEN FURNISHED, NOT EXCEEDING, HOWEVER, THE NUMBER OF MILES FOR WHICH MILEAGE IS ALLOWED. BUT WHERE THE TRAVEL BETWEEN THE SAME TERMINAL POINTS IS BY A ROUTE WHICH IS LONGER THAN THE USUALLY TRAVELED ROUTE, AND IS TAKEN FOR THE CONVENIENCE OF THE OFFICER, AND THE FARE THEREBY SO FIXED IS GREATER, THE DEDUCTION SHOULD BE MADE FOR THE NUMBER OF MILES FOR WHICH TRANSPORTATION IS, OR SHOULD HAVE BEEN, FURNISHED BY SUCH ROUTE.

THIS DECISION WAS MODIFIED BY DECISION OF THIS OFFICE OF OCTOBER 4, 1924, 4 COMP. GEN. 353, IN WHICH IT WAS HELD---

WHERE AN ARMY OFFICER TRAVELING ON A MILEAGE STATUS UNDER THE ACT OF JUNE 12, 1906, 34 STAT. 245 AS AMENDED BY THE ACT OF JUNE 10, 1922, 42 STAT. 631, IS FURNISHED TRANSPORTATION OVER A ROUTE OTHER THAN THE ESTABLISHED ROUTE FOR HIS OWN CONVENIENCE, AND THE TOTAL COST OF SUCH TRANSPORTATION IS GREATER THAN THAT OF THROUGH TRANSPORTATION OVER THE ESTABLISHED SHORTEST USUALLY TRAVELED ROUTE, THERE SHOULD BE DEDUCTED FROM THE OFFICER'S MILEAGE ACCOUNT, IN ADDITION TO THE DEDUCTION OF 3 CENTS PER MILE FOR THE DISTANCE OVER THE ESTABLISHED ROUTE, THE DIFFERENCE BETWEEN THE COST TO THE GOVERNMENT FOR THROUGH TRANSPORTATION VIA THE ESTABLISHED ROUTE AND THE COST TO THE GOVERNMENT FOR THE TRANSPORTATION ACTUALLY FURNISHED.

THE DECISION JUST CITED AFFIRMS THE PRINCIPLE OF CHARGING THE OFFICER FOR ANY EXCESS COST TO THE UNITED STATES ARISING ON ACCOUNT OF TRAVEL BY A CIRCUITOUS ROUTE, AND DIRECTS THE APPLICATION THEREOF AS STATED IN DECISION OF APRIL 23, 1924, 3 COMP. GEN. 787, IN WHICH IT WAS HELD---

WHERE A NAVAL OFFICER TRAVELING ON A MILEAGE STATUS IS ISSUED SEPARATE TRANSPORTATION REQUESTS COVERING THE ENTIRE JOURNEY TO ENABLE HIM TO MAKE STOPOVERS EN ROUTE FOR HIS OWN CONVENIENCE, OR WHERE TRANSPORTATION REQUESTS ARE ISSUED FOR CIRCUITOUS TRAVEL, AND THE TOTAL COST OF SUCH TRANSPORTATION IS GREATER THAN THAT OF THROUGH TRANSPORTATION OVER THE SHORTEST USUALLY TRAVELED ROUTE, THERE SHOULD BE DEDUCTED FROM THE OFFICER'S MILEAGE ACCOUNT, IN ADDITION TO THE DEDUCTION OF 3 CENTS PER MILE FOR THE DISTANCE OVER THE SHORTEST USUALLY TRAVELED ROUTE, THE DIFFERENCE BETWEEN THE COST TO THE GOVERNMENT FOR THROUGH TRANSPORTATION VIA THE SHORTEST USUALLY TRAVELED ROUTE AND THE COST TO THE GOVERNMENT FOR THE TRANSPORTATION ACTUALLY FURNISHED.

THESE DECISIONS APPEAR TO HAVE RESULTED FROM AN ATTEMPT AT AN EQUITABLE INTERPRETATION OF WHAT WAS CONCEIVED TO BE THE INTENT OF THE LAW INSTEAD OF APPLYING THE LANGUAGE OF THE LAW WHICH APPEARS TO CLEARLY PROVIDE THE METHOD OF DETERMINING THE OFFICER'S ALLOWANCE FOR OFFICIAL TRAVEL, UNDER DIFFERENT CONDITIONS, OF THE OFFICER'S OWN SELECTION. THEREFORE, THERE CAN BE NO HARDSHIP TO THE OFFICER IN THE STRICT APPLICATION OF THE TERMS OF THE STATUTE. THE OFFICER WILL UNDOUBTEDLY CHOOSE THAT WHICH APPEARS TO BE MOST ADVANTAGEOUS TO HIMSELF.

1. THE CITED STATUTES REQUIRE THE DETERMINATION OF THE AUTHORIZED MILEAGE ALLOWANCE BY THE ESTABLISHED ROUTE AND DISTANCE BETWEEN TERMINAL POINTS OF TRAVEL.

2. FROM THE AMOUNT THUS DETERMINED, A DEDUCTION IS REQUIRED OF THREE CENTS A MILE FOR EACH MILE OF 50 PERCENT OR FREE LAND-GRANT ROAD, INCLUDED IN THE ESTABLISHED ROUTE AND DISTANCE.

3. THE DIFFERENCE BETWEEN THE AMOUNTS DETERMINED ON THE FOREGOING BASIS IS THE AMOUNT OF MILEAGE ALLOWANCE TO WHICH THE OFFICER IS ENTITLED, WHICH IS TO BE REDUCED BY A DEDUCTION OF 3 CENTS A MILE FOR THE DISTANCE FOR WHICH TRANSPORTATION IS FURNISHED BY THE UNITED STATES, EXCEPT THE LAND GRANT INCLUDED IN THE ESTABLISHED ROUTE AND WHICH WAS EXCLUDED IN COMPUTING MILEAGE WHETHER TRANSPORTATION FOR SUCH LAND GRANT WAS OR WAS NOT ISSUED.

TO SUMMARIZE: WHEN THE TRANSPORTATION FURNISHED BY THE UNITED STATES IS WHOLLY OVER THE OFFICIALLY AUTHORIZED ROUTE FOR THE DETERMINATION OF MILEAGE, A SINGLE DEDUCTION THEREFOR IS ALL THAT IS REQUIRED BY THE ACT; BUT WHEN THE TRANSPORTATION FURNISHED IN WHOLE OR IN PART IS OVER ANOTHER ROUTE A DEDUCTION OF 3 CENTS A MILE IS REQUIRED FOR SUCH DISTANCE IN ADDITION TO THE DEDUCTION REQUIRED ON ACCOUNT OF LAND GRANT AND ANY TRANSPORTATION OTHER THAN LAND GRANT ISSUED OVER THE OFFICIAL ROUTE. THE CASE NOW UNDER CONSIDERATION, THE OFFICIAL DISTANCE FROM MOSCOW, IDAHO, TO FORT BENNING, GA., IS 2,671 MILES OF WHICH 897 MILES IS OVER LAND-GRANT ROADS, AS FOLLOWS:

MOSCOW, IDAHO, TO FORT BENNING, GA., VIA A ROUTE OVER THE SPOKANE AND INLAND EMPIRE RAILROAD TO SPOKANE, NORTHERN PACIFIC RAILWAY TO BILLINGS, CHICAGO, BURLINGTON AND QUINCY RAILROAD TO ST. LOUIS, ILLINOIS CENTRAL RAILROAD TO BIRMINGHAM, AND CENTRAL OF GEORGIA RAILWAY TO FORT BENNING.

TABLE

FROM MOSCOW, IDAHO, TO--- TOTAL LAND-GRANT

MILES MILES

SPOKANE ---------------------------------- 90.0 0.0

BILLINGS --------------------------------- 613.0 613.0

LINCOLN ---------------------------------- 842.0 13.0

ST. JOSEPH ------------------------------- 147.0 0.0

ST. LOUIS -------------------------------- 327.0 207.0

CAIRO ------------------------------------ 152.0 57.0

BIRMINGHAM ------------------------------- 333.0 7.0

COLUMBUS -------------------------------- 157.0 0.0

FT. BENNING ------------------------------ 10.0 0.0

2,671.0 897.0

2,671 MILES AT 8 CENTS PER MILE -------------------------- $213.68

LESS 897 MILES AT 3 CENTS PER MILE ----------------------- 26.91

186.77

THE TRANSPORTATION FURNISHED CAPTAIN B. B. BAIN FROM MOSCOW, IDAHO, TO INDIANAPOLIS, IND., PER TRANSPORTATION REQUEST WQ-350259, JULY 17, 1926, WAS OVER A ROUTE VIA THE NORTHERN PACIFIC RY. FROM MOSCOW THROUGH SPOKANE AND BILLINGS TO ST. PAUL, MINN., UNKNOWN ROAD THENCE TO CHICAGO (PROBABLY NORTHWESTERN SYSTEM) AND PENNSYLVANIA SYSTEM FROM CHICAGO TO INDIANAPOLIS. THE DISTANCE OVER THE ABOVE ROUTE AS SHOWN BY THE MILEAGE TABLES IS AS FOLLOWS, EXCEPT THAT THE TABLES SHOW S.I.E.R.R. MILEAGE MOSCOW TO SPOKANE WHILE THE TRAVEL WAS OVER THE NORTHERN PACIFIC RY. AND THE TABLES SHOW C.I.L.RY. MILEAGE CHICAGO TO INDIANAPOLIS WHILE THE TRAVEL WAS OVER THE PENNSYLVANIA COMPANY.

TABLE

FROM MOSCOW, IDAHO, TO--- TOTAL LAND-GRANT

MILES MILES

SPOKANE --------------------------------- 95.0 9.0

BILLINGS -------------------------------- 613.0 613.0

BISMARCK -------------------------------- 446.0 446.0

MINNEAPOLIS ----------------------------- 436.0 362.0

ST. PAUL -------------------------------- 10.0 10.0

HUDSON ---------------------------------- 19.0 19.0

ELROY ----------------------------------- 175.0 154.0

CHICAGO --------------------------------- 204.0 0.0

INDIANAPOLIS ---------------------------- 203.0 0.0

2,201.0 1,613.0

THE DEDUCTION FOR TRANSPORTATION FURNISHED IS FOR THE DISTANCE FROM MOSCOW TO SPOKANE AND FROM BILLINGS TO INDIANAPOLIS, THE TRANSPORTATION FROM SPOKANE TO BILLINGS HAVING BEEN FURNISHED OVER THE ROAD INCLUDED IN THE MOSCOW-FORT BENNING OFFICIAL MILEAGE.

TABLE MOSCOW, IDAHO, TO FORT BENNING, GEORGIA, MILEAGE ALLOWANCE -- --- $186.77 LESS 1,588 MILES AT 3 CENTS PER MILE --------------------- ------ 47.64

CORRECT ALLOWANCE ----------------------------------------- 139.13 ORIGINALLY PAID -------------------------------------- $181.52 DEDUCTED VOUCHER 963, JANUARY, 1927, MAJOR

SPILLER ------------------------------------ $33.23 DISALLOWED SETTLEMENT K-14251-W ------------- 19.27

------ 52.50

------ 129.02

DIFFERENCE IN FAVOR OF OFFICER ---------------------------- 10.11

THIS APPEARS TO BE THE PROPER BASIS OF SETTLEMENT AND PAYMENT OF THE MILEAGE ALLOWANCE UNDER THE CITED LAWS SHOULD HEREAFTER BE MADE ACCORDINGLY, AND DECISIONS HERETOFORE MADE WILL BE MODIFIED IN CONFORMITY WITH THE PRINCIPLES HEREIN SET FORTH.

AS THIS DECISION TO A CERTAIN EXTENT OVERRULES THE METHODS HERETOFORE EMPLOYED, WHICH HAVE BEEN TO A CERTAIN EXTENT CONCURRED IN BY THIS OFFICE, THE PRINCIPLES HEREIN ANNOUNCED WILL BE APPLIED FOR TRAVEL ON AND AFTER APRIL 1, 1928, WHICH ALLOWS A SUFFICIENT TIME FOR PROMULGATION TO THE OFFICERS AFFECTED.

THE SETTLEMENT OF MILEAGE ALLOWANCES FOR TRAVEL BEFORE APRIL 1, 1928, WILL BE IN ACCORDANCE WITH THE PRACTICE AND DECISIONS HERETOFORE EFFECTIVE.

IN THE CASE NOW UNDER CONSIDERATION, THE SUM OF $19.27 DISALLOWED IS CERTIFIED FOR ALLOWANCE, ADJUSTMENT HAVING BEEN IN ACCORD WITH PRIOR PRACTICE AND DECISIONS.