A-59619, FEBRUARY 14, 1935, 14 COMP. GEN. 631

A-59619: Feb 14, 1935

Additional Materials:

Contact:

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

 

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

IT IS ENTITLED TO PAYMENT FOR THE SERVICES RENDERED. IF THE FACTS SHOW NEGLIGENCE ON THE PART OF THE FEDERAL EMPLOYEE TO WHOM THE REQUEST WAS ISSUED IN FAILING TO PROPERLY SAFEGUARD THE TRANSPORTATION REQUEST IN ACCORDANCE WITH PARAGRAPH 36 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. 1935: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF NEW YORK CENTRAL RAILROAD COMPANY IN THE AMOUNT OF $20.06 FOR TRANSPORTATION FURNISHED ON REQUESTS NO. WHICH WERE ELIMINATED FROM CARRIER'S BILL 2-197-34. THE BOOK WAS RETURNED TO MR. IT WAS NOTED. THAT THE FIRST TWO OF THE ABOVE REQUESTS WERE MISSING. WHEN THE ABOVE MENTIONED BILL OF THE NEW YORK CENTRAL RAILROAD COMPANY WAS PRESENTED FOR PAYMENT.

A-59619, FEBRUARY 14, 1935, 14 COMP. GEN. 631

TRANSPORTATION REQUESTS FRAUDULENTLY USED WHEN A CARRIER WITHOUT NEGLIGENCE AND IN GOOD FAITH FURNISHES TRANSPORTATION ON A GOVERNMENT TRANSPORTATION REQUEST FRAUDULENTLY USED, IT IS ENTITLED TO PAYMENT FOR THE SERVICES RENDERED. IF THE FACTS SHOW NEGLIGENCE ON THE PART OF THE FEDERAL EMPLOYEE TO WHOM THE REQUEST WAS ISSUED IN FAILING TO PROPERLY SAFEGUARD THE TRANSPORTATION REQUEST IN ACCORDANCE WITH PARAGRAPH 36 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE COST OF THE TRANSPORTATION MUST BE CHARGED AGAINST THE EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, FEBRUARY 14, 1935:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF NEW YORK CENTRAL RAILROAD COMPANY IN THE AMOUNT OF $20.06 FOR TRANSPORTATION FURNISHED ON REQUESTS NO. C-309,256 AND NO. 309,257, WHICH WERE ELIMINATED FROM CARRIER'S BILL 2-197-34, IN THE PREAUDIT BY THIS OFFICE AND THE BALANCE PAID ON VOUCHER NO. 11,179, APRIL 1934, ACCOUNTS OF J. L. SUMMERS, DISBURSING CLERK, DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT.

IT APPEARS FROM THE RECORD THAT ON FEBRUARY 9, 1934, AREA SUPERVISOR J. WARREN ANGLE, JR., BUREAU OF THE CENSUS, DEPARTMENT OF COMMERCE, ASSIGNED TO THE STATE OF NEW YORK, WHILE AT SYRACUSE, NEW YORK, LOST A TRANSPORTATION REQUEST BOOK CONTAINING FIVE UNUSED TRANSPORTATION REQUESTS, C-309,256 TO C-309,260, INCLUSIVE.

ON OR ABOUT FEBRUARY 17, 1934, THE BOOK WAS RETURNED TO MR. ANGLE BY THE POSTMASTER AT SYRACUSE, STATING THAT IT HAD BEEN FOUND IN THE MAIL BOX. ON EXAMINATION, IT WAS NOTED, HOWEVER, THAT THE FIRST TWO OF THE ABOVE REQUESTS WERE MISSING. WHEN THE ABOVE MENTIONED BILL OF THE NEW YORK CENTRAL RAILROAD COMPANY WAS PRESENTED FOR PAYMENT, IT WAS DISCOVERED THAT THESE TWO TRANSPORTATION REQUESTS HAD BEEN FRAUDULENTLY USED, THE FIRST ONE, C-309,256, FOR TRANSPORTATION FROM SYRACUSE, NEW YORK, TO ALBANY, NEW YORK, ON FEBRUARY 10, 1934, AND THE SECOND, C 309,257, FOR TRANSPORTATION FROM SCHENECTADY, NEW YORK, TO SYRACUSE, ON FEBRUARY 11, 1934.

PARAGRAPH NO. 36, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDES:

LOST OR STOLEN TRANSPORTATION REQUESTS.--- CARE SHOULD BE EXERCISED TO SAFEGUARD GOVERNMENT TRANSPORTATION REQUESTS, AS THE VALUE OF LOST OR STOLEN TRANSPORTATION REQUESTS SUBSEQUENTLY HONORED MAY BE CHARGED TO THE EMPLOYEE. LOST OR STOLEN TRANSPORTATION REQUESTS SHOULD BE REPORTED PROMPTLY TO THE CENTRAL OFFICE OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT THROUGH THE OFFICIAL FURNISHING THE REQUEST, AND A COPY OF SUCH REPORT SENT PROMPTLY TO THE GENERAL ACCOUNTING OFFICE.

IT APPEARS THAT IN ACCORDANCE WITH THE FOREGOING PARAGRAPH SUPERVISOR ANGLE ON FEBRUARY 10, 1934, REPORTED THE LOSS OF THESE TRANSPORTATION REQUESTS TO THE CENSUS BUREAU AND THE LOCAL SUPERINTENDENT OF THE NEW YORK CENTRAL RAILROAD. HOWEVER, THE CLAIMANT RAILROAD CONTENDS THAT BEFORE IT HAD TIME TO PASS THE INFORMATION AS TO THE LOSS OF THE BLANKS TO ITS AGENTS THAT TWO ,REQUESTS HAD BEEN HONORED, ON THE TRAIN, AND EXCHANGED BY OUR CONDUCTORS. * * * IT WAS AN IMPOSSIBILITY TO STOP THE HONORING OF REQUESTS ON SUCH NOTICE.'

IT IS NOTED THAT THE INVOLVED REQUESTS WERE MADE OUT NOT ONLY IN THE NAME OF J. WARREN ANGLE, JR., BUT HIS TITLE WAS FILLED IN AS WELL, INDICATING THAT HIS IDENTIFICATION CARD WAS WITH THE BOOK OR WAS OTHERWISE AVAILABLE TO THE PERSON USING THE TRANSPORTATION REQUESTS. IT THUS APPEARS THAT THE REQUESTS WHICH, ALTHOUGH SECURED BY FRAUD, WERE ENTIRELY VALID ON THEIR FACE, WERE PRESENTED TO THE CARRIER WHO, WITHOUT ANY IMPUTATION OF NEGLIGENCE, HONORED EACH IN GOOD FAITH.

IT HAS BEEN HELD BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT WHEN A CARRIER WITHOUT NEGLIGENCE ON ITS PART AND IN GOOD FAITH FURNISHED TRANSPORTATION ON A TRANSPORTATION REQUEST FRAUDULENTLY ISSUED IT IS ENTITLED TO PAYMENT FOR THE SERVICES RENDERED. SEE 6 COMP. DEC. 936; 25 COMP. DEC. 811; 4 COMP. GEN. 630. ACCORDINGLY, IN THE PRESENT CASE THE AMOUNT OF $20.06 WILL BE CERTIFIED FOR PAYMENT TO THE CARRIER.

IT APPEARING FROM THE FACTS IN THE CASE, HOWEVER, THAT THE IMPROPER USE OF THE TWO TRANSPORTATION REQUESTS RESULTED FROM THE APPARENT NEGLIGENCE OF THE EMPLOYEE, THAT IS TO SAY, HIS FAILURE TO SAFEGUARD GOVERNMENT TRANSPORTATION REQUESTS IN ACCORDANCE WITH THE REGULATIONS QUOTED, A CHARGE WILL BE RAISED AGAINST J. WARREN ANGLE, JR., AREA SUPERVISOR, BUREAU OF THE CENSUS, IN THE SUM OF $20.06, AND HE SHOULD BE INSTRUCTED TO REMIT SAID SUM WITHOUT DELAY.