A-24159, AUGUST 25, 1928, 8 COMP. GEN. 93

A-24159: Aug 25, 1928

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RAILROADS ENGAGED IN CARRYING THE MAILS ARE REQUIRED TO TRANSPORT WITHOUT CHARGE ANY POST OFFICE INSPECTOR TRAVELING ON OFFICIAL BUSINESS. IT IS NOT ENTITLED TO PAYMENT FOR SUCH SLEEPING CAR ACCOMMODATIONS FURNISHED AN INSPECTOR TRAVELING ON OFFICIAL BUSINESS. RAILROADS ENGAGED IN CARRYING THE MAILS ARE REQUIRED TO TRANSPORT WITHOUT CHARGE ANY POST-OFFICE INSPECTOR TRAVELING ON OFFICIAL BUSINESS AND THAT WHERE A CARRIER OWNS AND OPERATES A PARLOR OBSERVATION CAR. IT IS NOT ENTITLED TO PAYMENT FOR SUCH EXTRA TRANSPORTATION FURNISHED AN INSPECTOR. UPON THE EXHIBITION OF THEIR CREDENTIALS. * * * IT WAS STATED IN THE RECONSIDERATION OF JULY 25. * AND THAT: * * * IT IS NOT THE GENERAL PRACTICE TO SEND OFFICERS AND EMPLOYEES OF THE GOVERNMENT ON OFFICIAL BUSINESS IN DAY COACHES FOR ANY CONSIDERABLE DISTANCE WHERE THE TRAIN CARRIES PULLMAN OR PARLOR CAR ACCOMMODATIONS.

A-24159, AUGUST 25, 1928, 8 COMP. GEN. 93

TRANSPORTATION - SLEEPING-CAR ACCOMMODATIONS - POST-OFFICE INSPECTORS UNDER THE ACT OF JULY 28, 1916, 39 STAT. 419, RAILROADS ENGAGED IN CARRYING THE MAILS ARE REQUIRED TO TRANSPORT WITHOUT CHARGE ANY POST OFFICE INSPECTOR TRAVELING ON OFFICIAL BUSINESS, AND WHERE A CARRIER OWNS AND OPERATES SLEEPING-CAR ACCOMMODATIONS, AS DISTINGUISHED FROM PULLMAN- CAR EQUIPMENT, IT IS NOT ENTITLED TO PAYMENT FOR SUCH SLEEPING CAR ACCOMMODATIONS FURNISHED AN INSPECTOR TRAVELING ON OFFICIAL BUSINESS.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, AUGUST 25, 1928:

THERE HAS BEEN RECEIVED IN REFERENCE TO 7 COMP. GEN. 759, AND RECONSIDERATION THEREOF DATED JULY 25, 1928, TO THE EFFECT THAT UNDER THE ACT OF JULY 28, 1916, 39 STAT. 419, RAILROADS ENGAGED IN CARRYING THE MAILS ARE REQUIRED TO TRANSPORT WITHOUT CHARGE ANY POST-OFFICE INSPECTOR TRAVELING ON OFFICIAL BUSINESS AND THAT WHERE A CARRIER OWNS AND OPERATES A PARLOR OBSERVATION CAR, AS DISTINGUISHED FROM PULLMAN CAR EQUIPMENT, IT IS NOT ENTITLED TO PAYMENT FOR SUCH EXTRA TRANSPORTATION FURNISHED AN INSPECTOR, YOUR LETTER OF AUGUST 17, 1928, TO THE EFFECT THAT THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD CO. OWNS AND OPERATES SLEEPING- CAR EQUIPMENT BETWEEN HILBERT JUNCTION, WIS., AND IRON RIVER, MICH., AND REQUESTING DECISION WHETHER AN ITEM OF $1.60 SLEEPING-CAR FARE IN SUCH EQUIPMENT FOR AN INSPECTOR MAY BE PAID TO SAID RAILROAD.

THE ACT OF JULY 28, 1916, IN CLEAR AND UNAMBIGUOUS TERMS PROVIDES THAT:

* * * EVERY RAILROAD COMPANY CARRYING THE MAILS SHALL CARRY ON ANY TRAIN IT OPERATES AND WITHOUT EXTRA CHARGE THEREFOR THE PERSONS IN CHARGE OF THE MAILS AND WHEN ON DUTY AND TRAVELING TO AND FROM DUTY, AND ALL DULY ACCREDITED AGENTS AND OFFICERS OF THE POST OFFICE DEPARTMENT AND THE RAILWAY MAIL SERVICE AND POST-OFFICE INSPECTORS WHILE TRAVELING ON OFFICIAL BUSINESS, UPON THE EXHIBITION OF THEIR CREDENTIALS. * * *

IT WAS STATED IN THE RECONSIDERATION OF JULY 25, 1928, THAT:

* * * THE ACT OF JULY 28, 1916, SUPRA, ENTITLES THE OFFICERS AND EMPLOYEES THEREIN DESIGNATED TO THE ORDINARY ACCOMMODATIONS FURNISHED OFFICERS AND EMPLOYEES OF THE GOVERNMENT TRAVELING ON OFFICIAL BUSINESS, *

AND THAT:

* * * IT IS NOT THE GENERAL PRACTICE TO SEND OFFICERS AND EMPLOYEES OF THE GOVERNMENT ON OFFICIAL BUSINESS IN DAY COACHES FOR ANY CONSIDERABLE DISTANCE WHERE THE TRAIN CARRIES PULLMAN OR PARLOR CAR ACCOMMODATIONS.

THERE IS NO INTENDMENT IN THE ACT OF JULY 28, 1916, THAT A POST OFFICE INSPECTOR MAKING A NIGHT JOURNEY ON OFFICIAL BUSINESS SHALL BE REQUIRED TO OCCUPY A DAY COACH WITHOUT SLEEPING-CAR ACCOMMODATIONS, AND THE SAME CONSIDERATIONS WHICH REQUIRED THE CONCLUSION IN 7 COMP. GEN. 759, ALSO REQUIRE THE CONCLUSION THAT THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD CO. MAY NOT BE PAID EXTRA FOR SLEEPING-CAR ACCOMMODATIONS FOR AN INSPECTOR OF THE POST OFFICE DEPARTMENT TRAVELING ON OFFICIAL BUSINESS WHEN THE RAILROAD COMPANY OWNS AND OPERATES THE SLEEPING-CAR ACCOMMODATIONS.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD CO. IS NOT ENTITLED TO PAYMENT FOR SLEEPING-CAR ACCOMMODATIONS FURNISHED IN SLEEPING-CAR EQUIPMENT OWNED AND OPERATED BY IT FOR A POST-OFFICE INSPECTOR TRAVELING ON OFFICIAL BUSINESS.