A-54410, MARCH 16, 1934, 13 COMP. GEN. 240

A-54410: Mar 16, 1934

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ALLOWANCE WILL BE MADE AS FOR A TICKET AUTHORIZED ON THE FACE OF THE REQUEST. THE RECORD IN THIS CASE DISCLOSES THAT TRANSPORTATION REQUEST WQ-793 807 WAS ISSUED OCTOBER 1. THE CHARGE FOR WHICH WAS STATED IN THE CARRIER'S BILL 15345 AS $32.23. THAT IS. IN CONNECTION WITH SECTION 4 (C) OF TARIFF" BECAUSE "NO PULLMAN ACCOMMODATIONS WERE AUTHORIZED AND THE TRAVELER. WAS WITHOUT AUTHORITY TO ALTER THE TERMS OF THE TRANSPORTATION REQUEST.'. THEREAFTER THE CHARGE WAS RESTATED IN THE CARRIER'S BILL 15345A AS $27.50. WHICH WAS PAID BY ARMY DISBURSING OFFICER MAJ. THIS CLAIM WAS DISALLOWED IN SETTLEMENT T-90008 1/2. FURTHER STATES COACH ACCOMMODATIONS ONLY WERE FURNISHED. IN VIEW OF THE FACT THAT THE TRANSPORTATION IS PAYABLE FROM THE PERSONAL FUNDS OF THE TRAVELER.

A-54410, MARCH 16, 1934, 13 COMP. GEN. 240

TRANSPORTATION REQUESTS - EXCESS FARES WHERE A GOVERNMENT TRANSPORTATION REQUEST CALLS FOR TRANSPORTATION AT A LOWER CLASS FARE, AND THE CARRIER ISSUES A HIGHER CLASS TICKET, ASSERTEDLY BECAUSE THE TRAVELER SO REQUESTED, ALLOWANCE WILL BE MADE AS FOR A TICKET AUTHORIZED ON THE FACE OF THE REQUEST.

DECISION BY ASSISTANT COMPTROLLER GENERAL ELLIOTT, MARCH 16, 1934:

THE DENVER AND RIO GRANDE WESTERN RAILROAD CO. REQUESTS ALLOWANCE OF TWO ITEMS OF $4.73 EACH CLAIMED AS BALANCE DUE THE CARRIER FOR PASSENGER TRANSPORTATION FROM SALT LAKE CITY, UTAH, TO FORT RILEY, KANS.

THE RECORD IN THIS CASE DISCLOSES THAT TRANSPORTATION REQUEST WQ-793 807 WAS ISSUED OCTOBER 1, 1932, BY CAPT. T. H. MILLS, Q.M.C., TRANSPORTATION OFFICER, FORT DOUGLAS, UTAH, CALLING UPON THE CARRIER "TO FURNISH PVT. J. MATHISON, 13TH CAV. (ON FURLOUGH) AT LOWEST RATE * * * 2ND-CLASS TRANSPORTATION FROM SALT LAKE CITY, UTAH, TO FORT RILEY, KANS., VIA D. AND R.G.W., DENVER, U.P. COACH TICKET TO BE FURNISHED.'

ON THE SAME DATE, APPARENTLY, THE CARRIER ISSUED TICKET NO. 1152 (FORM NO. S-15), THE CHARGE FOR WHICH WAS STATED IN THE CARRIER'S BILL 15345 AS $32.23, THAT IS, A COMBINATION OF THE COACH FARE OF $14 FROM SALT LAKE CITY TO DENVER, COLO., AND THE FIRST-CLASS FARE OF $18.23 FROM DENVER TO FORT RILEY. THE FINANCE OFFICER, UNITED STATES ARMY, ELIMINATED THIS ITEM FROM THE BILL AND REQUESTED THE CARRIER TO RESTATE THE CHARGE ON THE BASIS OF A THROUGH COACH FARE OF $27.50 ,/TOPEKA FARE) AS SHOWN IN W.P.A. EASTBOUND TARIFF NO. 72-8, I.C.C. 1892, SUPPLEMENT 3, IN CONNECTION WITH SECTION 4 (C) OF TARIFF" BECAUSE "NO PULLMAN ACCOMMODATIONS WERE AUTHORIZED AND THE TRAVELER, PVT. MATHISON, WAS WITHOUT AUTHORITY TO ALTER THE TERMS OF THE TRANSPORTATION REQUEST.'

THEREAFTER THE CHARGE WAS RESTATED IN THE CARRIER'S BILL 15345A AS $27.50, WHICH WAS PAID BY ARMY DISBURSING OFFICER MAJ. W. O. RAWLS PER VOUCHER 7336 (CHECK NO. 123520) MARCH 28, 1933.

SUBSEQUENTLY, THE CARRIER SUBMITTED BILL 15345B FOR $4.73 BEING IN EFFECT A CLAIM FOR THE DIFFERENCE BETWEEN THE FARES OF $32.23 AND $27.50, SUPRA. THIS CLAIM WAS DISALLOWED IN SETTLEMENT T-90008 1/2, OCTOBER 4, 1933, BECAUSE THE REQUEST---

* * * CALLS FOR 2ND-CLASS TICKET AND BEARS ENDORSEMENT, COACH TICKET TO BE FURNISHED. TRAVELER CLAIMS NO KNOWLEDGE OF NOTATION ON BACK OF T/R OVER HIS SIGNATURE FOR 2ND-CLASS TO DENVER ONLY, AND FURTHER STATES COACH ACCOMMODATIONS ONLY WERE FURNISHED.

THE PRESENT SUBMISSION, BY THE CARRIER'S ASSISTANT GENERAL AUDITOR, STATES IN PART:

* * * I FEEL THAT THIS BILL SHOULD BE PAID, IN VIEW OF THE FACT THAT THE TRANSPORTATION IS PAYABLE FROM THE PERSONAL FUNDS OF THE TRAVELER, AND HIS ACCOUNTS SHOULD BE CHARGED ON THE BASIS OF THE VALUE OF TRANSPORTATION WHICH HE REQUESTED IN ACCORDANCE WITH THE NOTATION PLACED ON THE TRANSPORTATION REQUEST.

* * * AS TRANSPORTATION WAS ISSUED TO PRIVATE MATHISON IN ACCORDANCE WITH HIS NOTATION ON THE BACK OF THE REQUEST WHICH HE SIGNED I DO NOT SEE WHERE THERE IS ANY REASON WHY THIS BILL SHOULD NOT BE PAID * * *

THE NOTATION REFERRED TO IS INSERTED IN INK AS FOLLOWS:

"2ND-CLASS TO DENVER ONLY" FOLLOWED BY "C. J. MATHISON.'

THE NOTATION PROPER AND THE FOLLOWING SIGNATURE APPEAR TO HAVE BEEN WRITTEN BY DIFFERENT PERSONS AND PRIVATE MATHISON HAS REPORTED:

* * * I WAS FURNISHED TRANSPORTATION REQUEST FROM FORT DOUGLAS, UTAH, TO FORT RILEY, KANS., WHICH WAS A SECOND-CLASS PASSAGE BETWEEN THOSE TWO POINTS. AT FORT DOUGLAS I ACCOMPLISHED THIS TRANSPORTATION REQUEST BY SIGNING IT AT THE PLACE AS DIRECTED, ON THE FRONT AND BACK OF THE REQUEST. AT THE TIME OF SIGNING THIS REQUEST THERE WAS NO NOTATION THEREON IN THE FOLLOWING ORDS: "SECOND-CLASS TO DENVER ONLY.' IN TURNING IN THIS REQUEST I RECEIVED A TICKET FROM FORT DOUGLAS, UTAH, TO FORT RILEY, KANS., AND WAS NOT FURNISHED PULLMAN TRANSPORTATION FOR ANY PART OF THIS JOURNEY. I TRAVELED BY DAY COACH FROM FORT DOUGLAS TO DENVER AND BY CHAIR CAR FROM DENVER TO FORT RILEY, KANS. AT DENVER I WAS REQUIRED TO TURN IN MY TICKET AT THE TICKET OFFICE WHERE I WAS GIVEN SOME SORT OF A SLIP TO SIGN, THE CONTENTS OF WHICH I DO NOT KNOW AND WHICH WAS NOT EXPLAINED TO ME, BUT WHICH I THOUGHT WAS MERELY FOR THE PURPOSE OF SHOWING THAT I WAS FURNISHED TRANSPORTATION TO DENVER OVER ONE ROAD AND FROM DENVER TO FORT RILEY OVER ANOTHER.

TRANSPORTATION REQUEST WQ-793,768 WAS ISSUED AUGUST 8, 1932, BY CAPTAIN MILLS CALLING UPON THE CARRIER "TO FURNISH PVT. F.C., E. M. ROBERTSON, CAV. (ON FURLOUGH) AT LOWEST RATE THE FOLLOWING: TRANSPORTATION FROM SALT LAKE CITY, UTAH, TO FORT RILEY, KANS., VIA D. AND R.G.W. DENVER, U.P. GOOD IN COACHES ONLY.'

ON THE SAME DATE APPARENTLY, THE CARRIER ISSUED TICKET NO. 1128 (FORM NO. S-15), THE CHARGE THEREFOR BEING STATED AS $32.23 IN THE CARRIER'S BILL 15251. THE FINANCE OFFICE RETURNED THIS BILL TO THE CARRIER FOR RESTATEMENT ON THE BASIS OF "LOWEST COACH RATE" BECAUSE "T/R SPECIFIES ,GOOD IN COACHES ONLY," OR $27.50 PER TARIFF 72-8, I.C.C. 1892; AND IF TRAVELER DESIRED FIRST-CLASS BEYOND DENVER AS SHOWN ON T/R, AGENT SHOULD HAVE COLLECTED DIFFERENCE FROM HIM PER RULE 1 OF "INSTRUCTIONS TO CARRIERS" ON REVERSE SIDE OF T/R.'

THE CARRIER RESUBMITTED BILL 15251, WITHOUT CHANGE, REFERRING TO "ENDORSEMENT * * * "COACH TO DENVER, FIRST-CLASS BEYOND" SIGNED BY ERNEST M. ROBERTSON," ON THE BACK OF THE TRANSPORTATION REQUEST AND SUGGESTING THAT COLLECTION BE MADE FROM THE TRAVELER OF THE DIFFERENCE OF $4.73 BETWEEN THE COACH FARE OF $27.50 AND THE CHARGE OF $32.23 CLAIMED FOR THE TICKET ISSUED BY THE CARRIER, SINCE,"AS THIS WAS IN CLASS OF NONMILITARY, ACCOUNT FURLOUGH, * * * IT WOULD APPEAR THAT THE ENTIRE COST WOULD NATURALLY BE CHARGED AGAINST HIM.'

SETTLEMENT T-90306, OCTOBER 20, 1933, ALLOWED $27.50 OF THE AMOUNT CLAIMED AND DISALLOWED $4.73 BECAUSE THE REQUEST "CALLS FOR 2ND CLASS TICKET. TRAVELER CLAIMS NO KNOWLEDGE OF THE ENDORSEMENT * * * FOR FIRST- CLASS TICKET BEYOND DENVER * * * AND * * * STATES THAT COACH ACCOMMODATIONS ONLY WERE USED.'

THEREAFTER, THE CARRIER SUBMITTED ITS BILL 15251-A FOR $4.73, BEING IN EFFECT A CLAIM FOR THE AMOUNT DISALLOWED IN THE SETTLEMENT, STATING IN SUPPORT OF THIS CLAIM---

WE STILL FEEL THAT THE * * * $4.73 IS DUE OUR COMPANY REGARDLESS OF MR. ROBERTSON MAKING THE STATEMENT THAT HE HAD NO KNOWLEDGE OF THE ENDORSEMENT ON THE BACK OF THE TRANSPORTATION REQUEST OVER HIS OWN SIGNATURE * * * WE DO NOT BELIEVE THAT PASSENGERS TRAVELING ON TRANSPORTATION REQUESTS WILL ENDORSE REQUESTS FOR SERVICE WITHOUT THEIR KNOWLEDGE.

* * * OUR AGENT FURNISHED TRANSPORTATION IN ACCORDANCE WITH REQUEST OVER PRIVATE ROBERTSON'S SIGNATURE, AND IF HIS SIGNATURE HAD NOT BEEN ON THE BACK OF THE REQUEST WE ARE QUITE POSITIVE OUR AGENT WOULD HAVE FURNISHED THE TRANSPORTATION AS CALLED FOR ON THE FACE OF THE REQUEST, WHICH WAS FOR COACH SERVICE.

THE NOTATION OR "ENDORSEMENT" IN CONTROVERSY APPEARS IN INK ON THE BACK OF REQUEST WQ-793,768 AS FOLLOWS: "COACH TO DENVER--- 1ST CLASS BEYOND" FOLLOWED BY THE SIGNATURE "ERNEST M. BERTSON.'

THE NOTATION PROPER AND THE SIGNATURE APPEAR TO HAVE BEEN WRITTEN BY DIFFERENT PERSONS AND THE CARRIER HAS STATED IN THIS CONNECTION THAT--

THIS TRANSACTION HAS BEEN HANDLED BY OUR AGENT AND HE CLAIMS THAT HE MADE NOTATION ON THE BACK OF THE REQUEST, AND HAD THE TRAVELER SIGN IT.

PRIVATE ROBERTSON HAS REPORTED IN THIS CONNECTION THAT---

* * * ANY ENTRY FOR FIRST-CLASS TRANSPORTATION ON THE TRANSPORTATION REQUEST WAS MADE WITHOUT HIS KNOWLEDGE OR CONSENT. HE ALSO STATES THAT HE REQUESTED THAT HE BE FURNISHED TRANSPORTATION AT THE LOWEST POSSIBLE COST, AND, IF THE FIRST-CLASS TRANSPORTATION REFERRED TO IS ON ACCOUNT OF PULLMAN ACCOMMODATIONS, THE ADDITIONAL COST OF $4.73 IS NOT A PROPER CHARGE AGAINST HIS ACCOUNTS AS HE WAS NOT FURNISHED PULLMAN ACCOMMODATIONS FOR ANY PART OF THE JOURNEY.

IN ADDITION THE SOLDIER HAS SUBMITTED A SWORN STATEMENT AS FOLLOWS:

* * * AT THE TIME I SIGNED THE REVERSE SIDE OF REQUEST, I WAS INFORMED THIS WAS A PART OF THE ROUTINE I MUST UNDERGO TO OBTAIN THE LOWEST CLASS OF TRANSPORTATION AS PER MY REQUEST. I DO NOT AT THE PRESENT TIME RECALL HAVING SIGNED ANY REQUEST FOR FIRST-CLASS ACCOMMODATIONS FOR ANY PART OF THE JOURNEY FROM SALT LAKE CITY, UTAH TO FORT RILEY, KANSAS. MY ATTENTION WAS NEVER INVITED TO THE FACT THAT I WAS ENTITLED TO ANY FIRST-CLASS ACCOMMODATIONS DURING ANY PART OF THE JOURNEY.

THUS THE SITUATION PRESENTED IS THAT OF TRANSPORTATION REQUESTS BEING ISSUED BY THE OFFICER AUTHORIZED TO DO SO, SPECIFICALLY CALLING FOR TRANSPORTATION GOOD ONLY IN COACHES AND AT THE LOWEST RATE THEREFOR. NOTWITHSTANDING THESE SPECIFIC INSTRUCTIONS THE CARRIER ASSERTS THAT IT ISSUED TICKETS WHICH, ALTHOUGH NOT IN THEMSELVES GOOD FOR ANYTHING BUT COACH TRANSPORTATION, WERE CHARGEABLE AT A HIGHER RATE. TO SUPPORT THE CLAIMS FOR THE HIGHER RATE THE CARRIER REFERS TO CERTAIN NOTATIONS INSERTED ON THE BACK OF THE REQUESTS AFTER ISSUANCE AS JUSTIFYING DISREGARD OF THE TRANSPORTATION AUTHORIZED. IT IS QUITE EVIDENT THAT THESE NOTATIONS WERE NOT INSERTED BY THE TRAVELERS. IN FACT, ONE TRAVELER HAS REPORTED EXPLICITLY THAT THE NOTATION WAS NOT ON THE REQUEST WHEN HERECEIPTED FOR HIS TICKET, WHILE THE SECOND TRAVELER'S REPORT IS TO THE SAME EFFECT.

UPON SUCH A RECORD THERE APPEARS TO BE NO JUSTIFICATION FOR ANY ADDITIONAL ALLOWANCE TO THE CARRIER.

IT MAY BE NOTED THAT DIRECTLY ABOVE THE NOTATIONS IN CONTROVERSY APPEARS THE FOLLOWING:

GENERAL INSTRUCTIONS TO CARRIERS

1. CARRIERS MUST FURNISH TRANSPORTATION OF THE CLASS OR CHARACTER AND BETWEEN THE POINTS SPECIFIED IN THE REQUEST. THE UNITED STATES GOVERNMENT WILL NOT BE RESPONSIBLE FOR EXCESS COSTS OCCASIONED BY VIOLATION OF THESE INSTRUCTIONS. TRANSPORTATION EXCEEDING THAT CALLED FOR ON THE FACE OF THE REQUEST MUST BE PAID FOR BY THE TRAVELER WHEN OBTAINED AND NOT BILLED AGAINST THE GOVERNMENT.