A-66399, NOVEMBER 6, 1935, 15 COMP. GEN. 375

A-66399: Nov 6, 1935

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TRANSPORTATION - RAILROAD ROUND-TRIP TICKETS - TRANSFERABILITY ROUND-TRIP RAILROAD TICKETS PURCHASED ON TRANSPORTATION REQUESTS MAY BE USED BY ONE GOVERNMENT EMPLOYEE ON THE GOING TRIP AND ANOTHER GOVERNMENT EMPLOYEE ON THE RETURN TRIP WHERE THE FORMAL ASSENT OF THE RAILROAD COMPANY IS SECURED TO THE WAIVER OF THE TARIFF RESTRICTION OF NONTRANSFERABILITY. IN TWO CASES ROUND-TRIP TICKETS WERE PURCHASED ON TRANSPORTATION REQUESTS TO SECURE THE BENEFIT OF A REDUCTION IN RATE BY THE PURCHASE OF THIS CLASS OF TICKET. THE RETURN PORTION OF THE ROUND TRIP TICKET IN EACH CASE WAS USED BY THE PILOT WHO WAS RELIEVED FOR HIS RETURN TO MEMPHIS. IT IS NOT THE INTENTION OF THIS OFFICE TO BREAK FAITH WITH THE CARRIER.

A-66399, NOVEMBER 6, 1935, 15 COMP. GEN. 375

TRANSPORTATION - RAILROAD ROUND-TRIP TICKETS - TRANSFERABILITY ROUND-TRIP RAILROAD TICKETS PURCHASED ON TRANSPORTATION REQUESTS MAY BE USED BY ONE GOVERNMENT EMPLOYEE ON THE GOING TRIP AND ANOTHER GOVERNMENT EMPLOYEE ON THE RETURN TRIP WHERE THE FORMAL ASSENT OF THE RAILROAD COMPANY IS SECURED TO THE WAIVER OF THE TARIFF RESTRICTION OF NONTRANSFERABILITY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, NOVEMBER 6, 1935:

THERE HAS BEEN RECEIVED BY INDORSEMENT THROUGH THE OFFICE, CHIEF OF ENGINEERS, WAR DEPARTMENT, THE FOLLOWING LETTER DATED AUGUST 24, 1935, FROM THE DISTRICT ENGINEER, MEMPHIS, TENN., ADDRESSED TO THE FINANCE OFFICER, UNITED STATES ARMY, TRANSPORTATION BRANCH:

1. DURING THE PAST FEW WEEKS IT HAS BECOME NECESSARY TO SEND A PILOT, EMPLOYED IN THIS OFFICE, TO RELIEVE A PILOT ON THE DREDGE "JADWIN," OPERATING IN THE VICKSBURG ENGINEER DISTRICT, VICKSBURG, MISS. IN TWO CASES ROUND-TRIP TICKETS WERE PURCHASED ON TRANSPORTATION REQUESTS TO SECURE THE BENEFIT OF A REDUCTION IN RATE BY THE PURCHASE OF THIS CLASS OF TICKET. THE RETURN PORTION OF THE ROUND TRIP TICKET IN EACH CASE WAS USED BY THE PILOT WHO WAS RELIEVED FOR HIS RETURN TO MEMPHIS, TENN.

2. IT IS NOT THE INTENTION OF THIS OFFICE TO BREAK FAITH WITH THE CARRIER, AND THE LOCAL RAILROAD OFFICE STATED THAT NO OBJECTION TO THIS PRACTICE WOULD BE INTERPOSED. HOWEVER, THE MATTER IS SUBMITTED TO YOUR OFFICE FOR INFORMATION AS TO WHETHER OR NOT THIS PRACTICE IS IN ACCORDANCE WITH EXISTING POLICY OR REGULATIONS.

AN INDORSEMENT FROM THE WAR DEPARTMENT, O.Q.M.C., TO DISTRICT ENGINEER, UNITED STATES ENGINEER OFFICE, POST OFFICE BOX 97, MEMPHIS, TENN., THROUGH CHIEF OF ENGINEERS, STATES:

1. FROM THE REMARKS EMBODIED IN THE FIRST (1ST) PARAGRAPH OF THE BASIC COMMUNICATION IT IS ASSUMED THAT YOUR OFFICE ISSUED ONE TRANSPORTATION REQUEST FOR THE ROUND-TRIP TRAVEL FROM MEMPHIS, TENNESSEE, TO VICKSBURG, MISSISSIPPI, AND RETURN ON TWO SEPARATE TRAVEL ORDERS; ONE, AUTHORIZING TRAVEL OF A PILOT FROM MEMPHIS TO VICKSBURG AND ONE FOR THE TRAVEL OF A PILOT FROM VICKSBURG TO MEMPHIS AND ON THIS ONE TRANSPORTATION REQUEST OBTAINED A ROUND-TRIP TICKET FROM THE CARRIERS.

2. IF THIS ASSUMPTION IS CORRECT YOU ARE ADVISED THAT THE ISSUANCE OF ONE TRANSPORTATION REQUEST, AS STATED ABOVE, ON TWO SEPARATE TRAVEL ORDERS IS UNAUTHORIZED AND THE PRACTICE SHOULD BE DISCONTINUED. FURTHERMORE, ROUND- TRIP TICKETS WHICH CARRIER'S AGENTS ISSUE IN LIEU OF GOVERNMENT TRANSPORTATION REQUESTS ARE NONTRANSFERABLE.

3. WITH RETURN OF THESE PAPERS REMARKS ARE REQUESTED AS TO WHETHER THE MATTER IS NOW UNDERSTOOD BY YOUR OFFICE.

THE INDORSEMENT TO THIS OFFICE IS AS FOLLOWS:

1. THE MATTER REFERRED TO IN BASIC LETTER AND PRECEDING INDORSEMENT INVOLVES THE PURCHASE ON ONE TRANSPORTATION REQUEST OF ONE ROUND-TRIP TICKET FROM MEMPHIS TO VICKSBURG AND RETURN. THIS TICKET WAS SECURED FOR TRANSPORTING ONE PILOT ON THE GOING TRIP, WHO RELIEVED ANOTHER PILOT AT VICKSBURG, THE LATTER PILOT COMPLETING THE JOURNEY BACK TO MEMPHIS ON THE RETURN TICKET.

2. THIS OFFICE DOES NOT SEE ANY OBJECTION TO THIS PROCEDURE AS IT APPEARS TO HAVE BEEN SATISFACTORY TO THE CARRIER.

3. IN ORDER THAT THE DISTRICT ENGINEER MAY BE PROPERLY ADVISED FOR HIS FUTURE GUIDANCE, INFORMATION IS REQUESTED AS TO THE OPINION OF YOUR OFFICE IN VIEW OF THE REMARKS OF THE QUARTERMASTER GENERAL IN PRECEDING INDORSEMENT.

YAZOO AND MISSISSIPPI VALLEY RAILROAD CO., TARIFF I.C.C. NO. A-357, CURRENTLY EFFECTIVE, PUBLISHES A ONE-WAY FIRST-CLASS FARE OF $6.62 BETWEEN MEMPHIS, TENN., AND VICKSBURG, MISS., AND A ROUND-TRIP FIRST CLASS FARE OF $8.85, THE RETURN JOURNEY BEING LIMITED TO 15 DAYS. THE TARIFF PROVIDES (RULE 11) THAT,"ALL TICKETS SOLD AT FARES NAMED HEREIN ARE NONTRANSFERABLE AND WILL BE VALID ONLY FOR TRANSPORTATION OF PASSENGER FOR WHOM ORIGINALLY PURCHASED.'

IN THE CASE OF BITTERMAN V. LOUISVILLE AND N.R. CO. (207 U.S. 205), IT WAS HELD THAT A CARRIER MAY SELL NONTRANSFERABLE ROUND-TRIP REDUCED RATE EXCURSION TICKETS, AND THE CONDITION OF NONTRANSFERABILITY AND FORFEITURE EMBODIED THEREIN IS VALID AND BINDING; THAT THE CARRIER IS CHARGED WITH THE DUTY OF EXERCISING DUE DILIGENCE TO PREVENT THE WRONGFUL USE OF SUCH TICKETS. THE UNITED STATES MAY ARRANGE WITH THE CARRIER FOR REDUCED RATES OR WAIVER OF TARIFF PROVISIONS UNDER THE PROVISION OF SECTION 22 OF THE INTERSTATE COMMERCE ACT (SEE ATCHISON, T. AND S.F. RY. V. UNITED STATES, 256 U.S. 205), AND IT MUST BE PRESUMED IN THE ABSENCE OF A SHOWING TO THE CONTRARY THAT THE LOCAL RAILROAD AGENT ISSUING THE ROUND-TRIP TICKET EITHER HAD AUTHORITY TO CONSENT ON BEHALF OF THE RAILROAD COMPANY TO SUCH ARRANGEMENT OR NOTIFIED HIS PROPER SUPERIOR OFFICERS THEREOF AND THAT THEY CONSENTED. IN ORDER TO REMOVE ANY DOUBT WITH RESPECT TO FUTURE SIMILAR SERVICE, THE CIRCUMSTANCES SHOULD BE FORMALLY REPORTED TO THE PROPER RAILROAD OFFICIAL AND THE FORMAL ASSENT OF THE RAILROAD COMPANY SECURED TO THE WAIVER OF THE TARIFF RESTRICTION IN FAVOR OF THE GOVERNMENT FOR SUCH TRAVEL.