A-28794, SEPTEMBER 28, 1929, 9 COMP. GEN. 147

A-28794: Sep 28, 1929

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MAY HAVE SUCH EFFECTS SHIPPED AT GOVERNMENT EXPENSE FROM SUCH PLACE OF STORAGE TO HIS NEW PERMANENT STATION TO WHICH HE MAY SUBSEQUENTLY BE ORDERED. PROVIDED THAT THE EXPENSES INCIDENT TO SUCH SHIPMENT DO NOT EXCEED WHAT IT WOULD HAVE COST TO HAVE MADE THE SHIPMENT DIRECT FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION. WHICH IS NOT DIRECTLY COVERED BY DECISIONS OF YOUR OFFICE. WHOSE OFFICIAL STATION IS FORT SNELLING. IS PRACTICALLY MIDWAY BETWEEN THE CENTERS OF MINNEAPOLIS AND ST. THERE WILL BE INCORPORATED IN THESE TRAVEL ORDERS A PHRASE AUTHORIZING THE INCOMING OF EXPENSES INCIDENT TO SHIPMENT OF THE HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY. IT WAS HELD THAT TO ENTITLE AN AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED AT GOVERNMENT EXPENSE UPON A CHANGE OF PERMANENT DUTY STATION UNDER THE ACT OF MARCH 4.

A-28794, SEPTEMBER 28, 1929, 9 COMP. GEN. 147

TRANSPORTATION - HOUSEHOLD EFFECTS OF CIVILIAN EMPLOYEES CHANGING STATION UNDER THE ACT OF FEBRUARY 20, 1929, 45 STAT. 1245, 1246, A PHYSICIAN OF THE UNITED STATES VETERANS' BUREAU, WHO STORED HIS HOUSEHOLD EFFECTS IN A NEIGHBORING CITY WHILE ABSENT FROM HIS PERMANENT STATION ON TEMPORARY DUTY, MAY HAVE SUCH EFFECTS SHIPPED AT GOVERNMENT EXPENSE FROM SUCH PLACE OF STORAGE TO HIS NEW PERMANENT STATION TO WHICH HE MAY SUBSEQUENTLY BE ORDERED, PROVIDED THAT THE EXPENSES INCIDENT TO SUCH SHIPMENT DO NOT EXCEED WHAT IT WOULD HAVE COST TO HAVE MADE THE SHIPMENT DIRECT FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, SEPTEMBER 28, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 17, 1929, AS FOLLOWS:

A QUESTION HAS ARISEN IN CONNECTION WITH THE APPLICATION OF THE PROVISION CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT FOR THE FISCAL YEAR 1930, PUBLIC NO. 778, 70TH CONGRESS, AUTHORIZING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF PHYSICIANS, DENTISTS, AND NURSES OF THIS BUREAU, WHICH IS NOT DIRECTLY COVERED BY DECISIONS OF YOUR OFFICE.

DR. J. B. LATTA, WHOSE OFFICIAL STATION IS FORT SNELLING, MINNESOTA, HAS BEEN TEMPORARILY DETAILED FOR APPROXIMATELY THE PAST TWO MONTHS TO U.S. VETERANS' HOSPITAL, NORTHPORT, NEW YORK, FOR A SPECIAL POSTGRADUATE COURSE. THE BUREAU NOW PROPOSES TO TRANSFER HIM FROM FORT SNELLING TO ALEXANDRIA, LOUISIANA. AT THE TIME OF HIS TEMPORARY DETAIL FROM FORT SNELLING TO NORTHPORT HE VACATED HIS LIVING ACCOMMODATIONS AT FORT SNELLING, IN WHICH HAD BEEN HOUSED HIS HOUSEHOLD EFFECTS, AND STORED THEM WITHIN THE CITY LIMITS OF ST. PAUL, WHICH CITY ADJOINS THAT OF MINNEAPOLIS. THE FORT SNELLING HOSPITAL RESERVATION, WHILE LOCATED WITHIN THE CITY LIMITS OF MINNEAPOLIS, IS PRACTICALLY MIDWAY BETWEEN THE CENTERS OF MINNEAPOLIS AND ST. PAUL.

THE PERTINENT PROVISION IN THE INDEPENDENT OFFICES APPROPRIATION ACT FOR THE FISCAL YEAR 1930 APPEARS IN THE APPROPRIATION FOR "SALARIES AND EXPENSES" FOR THIS BUREAU AND READS AS FOLLOWS:

"PROVIDED, 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 FIVE THOUSAND POUNDS.'

SECTION 12300 OF REGULATION 154, ISSUED ON THIS SUBJECT, DATED AUGUST 20, 1926, EFFECTIVE JULY 1, 1926, PROVIDES:

"PHYSICIANS, DENTISTS, AND NURSES OF THE MEDICAL SERVICE, WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, FOR PERMANENT DUTY, MAY BE ALLOWED, WITHIN THE DISCRETION AND UNDER WRITTEN TRAVEL ORDER ISSUED UPON THE APPROVAL OF THE DIRECTOR, THE EXPENSES INCURRED FOR PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY NOT EXCEEDING IN ALL 5,000 POUNDS FOR MARRIED PERSONS OR PERSONS HAVING DEPENDENTS LIVING WITH THEM, OR 3,500 POUNDS FOR SINGLE PERSONS. THERE WILL BE INCORPORATED IN THESE TRAVEL ORDERS A PHRASE AUTHORIZING THE INCOMING OF EXPENSES INCIDENT TO SHIPMENT OF THE HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY, NOT TO EXCEED IN ALL 5,000 POUNDS FOR MARRIED PERSONS OR PERSONS HAVING DEPENDENTS LIVING WITH THEM, OR 3,500 POUNDS FOR SINGLE PERSONS.'

IN A DECISION IN 26 COMP. DEC. 996, IT WAS HELD THAT TO ENTITLE AN AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED AT GOVERNMENT EXPENSE UPON A CHANGE OF PERMANENT DUTY STATION UNDER THE ACT OF MARCH 4, 1911, 36 STAT. 1265, THE HOUSEHOLD EFFECTS MUST BE AT A PLACE WHICH HAS BEEN HIS OFFICIAL STATION AND FROM WHICH HE HAS BEEN TRANSFERRED, THE STATUTE NOT AUTHORIZING TRANSPORTATION OF HOUSEHOLD EFFECTS FROM A PLACE NEVER IN FACT AN OFFICIAL STATION OF SUCH OFFICER OR EMPLOYEE. FROM A READING OF THIS DECISION, IT WOULD APPEAR THAT A STRICT INTERPRETATION THEREOF WOULD REQUIRE THAT THE HOUSEHOLD GOODS BE AT THE OFFICIAL STATION FROM WHICH THE EMPLOYEE IS TRANSFERRED IN ORDER THAT THE EXPENSE AND TRANSPORTATION MAY BE BORNE BY THE GOVERNMENT. HOWEVER, SINCE IN THE PRESENT CASE THE HOUSEHOLD EFFECTS WERE ACTUALLY AT THE OFFICIAL STATION OF DOCTOR LATTA IN MINNEAPOLIS AND HAVE ONLY BEEN TEMPORARILY STORED WITHIN THE CONFINES OF ST. PAUL, WHICH IS ADJACENT THERETO, IT IS THOUGHT THAT THE DECISION OF THE COMPTROLLER OF THE TREASURY ABOVE CITED MIGHT BE EXTENDED TO AUTHORIZE EXPENSES INCURRED FOR PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF THE HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY FROM ST. PAUL, MINNESOTA, TO ALEXANDRIA, LOUISIANA, SINCE IT HAS BEEN ASCERTAINED THAT THE COST OF TRANSPORTATION WOULD NOT EXCEED THAT WHICH IT WOULD BE IF THE GOODS ARE SHIPPED FROM MINNEAPOLIS TO ALEXANDRIA, LOUISIANA. YOUR DECISION ON THIS POINT IS RESPECTFULLY REQUESTED.

IN 26 COMP. DEC. 996, REFERRED TO BY YOU, THE QUESTION WAS PRESENTED AS TO WHETHER AN EMPLOYEE ON PERMANENT CHANGE OF STATION COULD BE ALLOWED THE EXPENSE OF TRANSPORTATION OF HIS HOUSEHOLD EFFECTS FROM HIS FORMER HOME TO HIS NEW STATION, THE EFFECTS NOT HAVING BEEN BROUGHT TO HIS OLD STATION, AND IT WAS HELD THAT IT IS ONLY WHEN HIS EFFECTS HAVE BEEN AT HIS OFFICIAL STATION THAT THEY HAVE SUCH A CHARACTER AS TO ENTITLE HIM TO HAVE THEM TRANSFERRED TO ANOTHER OFFICIAL STATION AT GOVERNMENT EXPENSE UNDER THE AUTHORITY OF THE ACT OF MARCH 4, 1911.

IN 3 COMP. GEN. 861, IT WAS HELD, QUOTING SYLLABUS:

UNDER THE ACT OF MARCH 4, 1911, 36 STAT. 1265, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE WHO, ANTICIPATING A PERMANENT CHANGE OF STATION, SHIPPED HIS HOUSEHOLD GOODS FROM HIS OFFICIAL STATION TO HIS PROSPECTIVE POST OF DUTY MAY, UPON THE ANTICIPATED CHANGE OF STATION NOT MATERIALIZING HAVE HIS HOUSEHOLD GOODS RESHIPPED AT GOVERNMENT EXPENSE FROM SAID PROSPECTIVE POST OF DUTY TO HIS NEW PERMANENT STATION TO WHICH HE WAS SUBSEQUENTLY ORDERED, THE GOVERNMENT TO BEAR ONLY SUCH PORTION OF THE EXPENSE OF RESHIPMENT AS DOES NOT EXCEED WHAT IT WOULD HAVE COST TO HAVE MADE THE SHIPMENT DIRECT FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION.

APPLYING THE PRINCIPLE OF THIS DECISION TO THE CASE SUBMITTED, YOU ARE ADVISED THAT THERE MAY BE AUTHORIZED THE EXPENSES INCIDENT TO THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF DOCTOR LATTA FROM ST. PAUL, MINN., TO ALEXANDRIA, LA., PROVIDED THE COST THEREOF DOES NOT EXCEED WHAT IT WOULD HAVE COST TO HAVE PACKED AND SHIPPED THE EFFECTS DIRECT FROM FORT SNELLING, MINN., TO ALEXANDRIA, LA. ..END :