A-40853, APRIL 4, 1932, 11 COMP. GEN. 370

A-40853: Apr 4, 1932

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AN ATTENDANT WAS AUTHORIZED TO ACCOMPANY THE SHIPMENT. THE EXCESS COST FOR COLLECTION FROM THE OFFICER IS TWO-THIRDS OF THE "TRANSPORTATION CHARGES. LIMITS THE NUMBER OF PRIVATELY OWNED MOUNTS FOR WHICH AN ARMY OFFICER IS ENTITLED TO TRANSPORTATION AT PUBLIC EXPENSE TO ONE. TRANSPORTATION CHARGES ON SUCH EXCESS MOUNTS" WILL BE COLLECTED FROM THE OFFICER. " WILL BE TRANSPORTED AT GOVERNMENT EXPENSE. STATE THAT THE JOURNEY OF SUCH ATTENDANT WAS "NECESSARY IN THE MILITARY SERVICE.'. HE WAS NOT DETAILED AS ATTENDANT FOR A PARTICULAR MOUNT. HIS SERVICES WERE EQUALLY NECESSARY FOR ALL THREE MOUNTS. UNDER THESE CIRCUMSTANCES THE EXPENSE INCURRED FOR THIS SERVICE WAS A PART OF THE "TRANSPORTATION CHARGES" FOR THE ENTIRE SHIPMENT AS MADE.

A-40853, APRIL 4, 1932, 11 COMP. GEN. 370

TRANSPORTATION - EXCESS MOUNTS OF ARMY OFFICER WHERE AN OFFICER OF THE ARMY ON PERMANENT CHANGE OF STATION TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT UNDER THE ACT OF APRIL 27, 1914, 38 STAT. 365, TWO PRIVATE MOUNTS IN EXCESS OF HIS AUTHORIZED MOUNT, AND AN ATTENDANT WAS AUTHORIZED TO ACCOMPANY THE SHIPMENT, THE EXCESS COST FOR COLLECTION FROM THE OFFICER IS TWO-THIRDS OF THE "TRANSPORTATION CHARGES," FOR THE ENTIRE SHIPMENT AS MADE, WHICH INCLUDE FREIGHT COST FOR THE HORSES PLUS THE FARE OF THE ATTENDANT.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, APRIL 4, 1932:

THERE HAS BEEN RECEIVED YOUR REQUEST OF FEBRUARY 4, 1932, FOR DECISION AS TO THE AMOUNT OF EXCESS PROPERLY FOR COLLECTION FROM CAPT. STOCKBRIDGE C. HILTON, FIELD ARTILLERY, UNITED STATES ARMY, BY REASON OF TURNING OVER TO THE QUARTERMASTER FOR TRANSPORTATION FROM FORT FRANCIS E. WARREN, WYO., TO FORT BLISS, TEX., ON PERMANENT CHANGE OF STATION, TWO PRIVATE MOUNTS IN EXCESS OF HIS AUTHORIZED MOUNT, AN ATTENDANT HAVING BEEN AUTHORIZED TO ACCOMPANY THE SHIPMENT.

THE QUARTERMASTER SHIPPED THE THREE HORSES, PRIVATE PROPERTY OF CAPTAIN HILTON, ON GOVERNMENT BILL OF LADING NO. WQ-158455, SEPTEMBER 4, 1931, FOR WHICH THE RAILROAD COMPANY HAS BEEN PAID THE SUM OF $29.31. FOR THE TRANSPORTATION OF THE ATTENDANT, AND $144 FOR TRANSPORTATION OF THE HORSES, ON THE BASIS OF THE MINIMUM WEIGHT OF 3,000 POUNDS FOR ONE HORSE AND 1,500 POUNDS FOR EACH ADDITIONAL ANIMAL, A TOTAL OF 6,000 POUNDS, AT THE AUTHORIZED RATE FOR LESS THAN A CARLOAD SHIPMENT AS PROVIDED BY OFFICIAL CLASSIFICATION.

THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1353, LIMITS THE NUMBER OF PRIVATELY OWNED MOUNTS FOR WHICH AN ARMY OFFICER IS ENTITLED TO TRANSPORTATION AT PUBLIC EXPENSE TO ONE; HOWEVER, UNDER THE PROVISIONS OF THE ACT OF APRIL 27, 1914, 38 STAT. 365, SHIPMENT OF PRIVATE MOUNTS IN EXCESS OF SUCH AUTHORIZED MOUNT MAY BE MADE ON THE SAME GOVERNMENT BILL OF LADING, ON CONDITIONS THAT THE ,TRANSPORTATION CHARGES ON SUCH EXCESS MOUNTS" WILL BE COLLECTED FROM THE OFFICER.

ARMY REGULATIONS 30-965, PARAGRAPH 25-A, JUNE 1, 1923, PROVIDE THAT THE AUTHORIZED NUMBER OF PRIVATE MOUNTS OF OFFICERS DESIGNATED AS MOUNTED OFFICERS,"TOGETHER WITH AN ATTENDANT, WHEN NECESSARY," WILL BE TRANSPORTED AT GOVERNMENT EXPENSE. THE ORDERS DETAILING PRIVATE FIRST CLASS DENIS HARVEY, HEADQUARTERS BATTERY AND COMBAT TRAIN, SEVENTY SIXTH FIELD ARTILLERY, AS ATTENDANT FOR THE "PRIVATE MOUNTS" OF CAPTAIN HILTON ESTIMATED THAT A PERIOD OF APPROXIMATELY FOUR DAYS WOULD BE REQUIRED TO COMPLETE THE TRANSPORTATION OF THESE ANIMALS, AND STATE THAT THE JOURNEY OF SUCH ATTENDANT WAS "NECESSARY IN THE MILITARY SERVICE.' HE WAS NOT DETAILED AS ATTENDANT FOR A PARTICULAR MOUNT, BUT HIS SERVICES WERE EQUALLY NECESSARY FOR ALL THREE MOUNTS, AND UNDER THESE CIRCUMSTANCES THE EXPENSE INCURRED FOR THIS SERVICE WAS A PART OF THE "TRANSPORTATION CHARGES" FOR THE ENTIRE SHIPMENT AS MADE. THE TOTAL TRANSPORTATION CHARGES FOR THE THREE MOUNTS WERE, THEREFORE, THE FREIGHT COST FOR THE HORSES, $144, PLUS THE FARE OF THE ATTENDANT NECESSARILY ACCOMPANYING THE SHIPMENT, $29.31, OR A TOTAL OF $173.31.

IT WAS STATED IN THE DECISION OF FEBRUARY 3, 1917, 80 MS. COMP. DEC. 504, THAT:

IT SEEMS EMINENTLY PROPER THAT, WHEN TWO OR MORE HORSES ARE SHIPPED WHICH ARE SUBJECT TO THE SAME RATES, THE COST OF THE TRANSPORTATION OF EACH HORSE IS THE SAME, THERE APPEARING TO BE NO REASON FOR MAKING ANY DISCRIMINATION THEREIN, AS THE CHARGES FOR TRANSPORTATION OF HORSES DO NOT VARY BECAUSE OF THE DIFFERENCE IN WEIGHTS.

THE RULE HERE ESTABLISHED, AND FOLLOWED IN THE DECISION OF MARCH 14, 1917, 80 MS. COMP. DEC. 1027, IS THAT THE TOTAL COST OF THE SHIPMENT OF HORSES AS MADE IS TO BE APPORTIONED ON THE BASIS OF THE NUMBER OF HORSES INCLUDED IN THE SHIPMENT, AND THAT THE ACTUAL WEIGHT OR CLASSIFICATION OF A PARTICULAR ANIMAL AS THE AUTHORIZED MOUNT IN NO WAY ENTERS INTO THE TRANSACTION. ACCORDINGLY, THE OFFICER'S PROPORTIONATE SHARE OF THE TOTAL TRANSPORTATION CHARGES WAS TWO-THIRDS OF THE TOTAL TRANSPORTATION CHARGE OF $173.31, OR $115.54. THE CLAIMS DIVISION OF THIS OFFICE REQUESTED JANUARY 26, 1932, THAT SUCH AMOUNT BE COLLECTED AND DEPOSITED AS EXCESS COST OF TRANSPORTATION, AND UPON REVIEW THE AMOUNT STATED IN SUCH REQUEST IS SUSTAINED.

PRIVATE FIRST CLASS HARVEY COMPLETED HIS DUTY AS ATTENDANT WHEN HE TURNED THE THREE MOUNTS IN HIS CHARGE OVER TO THE QUARTERMASTER AT FORT BLISS. AT HIS REQUEST HE WAS TRANSFERRED TO THE EIGHTY-SECOND FIELD ARTILLERY, FORT BLISS, UPON COMPLETION OF HIS DUTY AS ATTENDANT AND BEING ALREADY AT THAT STATION, HIS TRANSFER WAS ACCOMPLISHED WITHOUT EXPENSE TO THE GOVERNMENT. NO RETURN TRANSPORTATION BEING INVOLVED, THE RULE SET OUT IN THE DECISION OF NOVEMBER 8, 1927, A 20114, REFERRED TO BY YOU, IS NOT APPLICABLE IN THIS CASE.