A-66482, OCTOBER 16, 1935, 15 COMP. GEN. 303

A-66482: Oct 16, 1935

Additional Materials:

Contact:

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

 

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

TRANSPORTATION - GOVERNMENT PROPERTY - REGULAR TARIFF RATES LOWER THAN APPLICABLE GOVERNMENT CLASS RATES GOVERNMENT OFFICERS ARE WITHOUT AUTHORITY TO CONTRACT FOR TRANSPORTATION RATES HIGHER THAN THOSE TENDERED TO THE PUBLIC IN DULY PUBLISHED AND AUTHORIZED TARIFFS. THE CARRIER PRESENTED ITS BILL FOR $7.73 BASED ON A SPECIALLY QUOTED FOURTH-CLASS RATE OF $0.21 AND WAS ALLOWED IN CERTIFICATE 95193 THE SUM OF $5.52 BASED ON A REGULAR PUBLISHED TARIFF COMMODITY RATE OF $0.15. WHICH IS TENDERED AS APPLICABLE TO GOVERNMENT PROPERTY. TO CHARGE THE GOVERNMENT FOR TRANSPORTATION IN EXCESS OF THE CHARGES APPLICABLE TO THE GENERAL PUBLIC WOULD BE CONTRARY TO PUBLIC POLICY AS WAS STATED IN 19 COMP. DEC. 208: THE GOVERNMENT BEING ENTITLED LIKE ANY OTHER SHIPPER TO THE REGULAR TARIFF RATES * * * NO CONTRACT IN EXCESS OF SAID * * * RATE IS VALID.

A-66482, OCTOBER 16, 1935, 15 COMP. GEN. 303

TRANSPORTATION - GOVERNMENT PROPERTY - REGULAR TARIFF RATES LOWER THAN APPLICABLE GOVERNMENT CLASS RATES GOVERNMENT OFFICERS ARE WITHOUT AUTHORITY TO CONTRACT FOR TRANSPORTATION RATES HIGHER THAN THOSE TENDERED TO THE PUBLIC IN DULY PUBLISHED AND AUTHORIZED TARIFFS.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, OCTOBER 16, 1935:

THE ERICSSON LINES, INC., HAS REQUESTED REVIEW OF SETTLEMENT 95193, SEPTEMBER 20, 1934, WHICH DISALLOWED $2.21 UPON CARRIER'S BILL NUMBER 2083 FOR THE TRANSPORTATION OF 50 KITS OF PAINT, 3680 POUNDS, FROM PHILADELPHIA, PA., TO BALTIMORE, MD., PER BILL OF LADING T-244649, MAY 8, 1934.

THE CARRIER PRESENTED ITS BILL FOR $7.73 BASED ON A SPECIALLY QUOTED FOURTH-CLASS RATE OF $0.21 AND WAS ALLOWED IN CERTIFICATE 95193 THE SUM OF $5.52 BASED ON A REGULAR PUBLISHED TARIFF COMMODITY RATE OF $0.15.

THE CARRIER URGES IN ITS APPLICATION FOR REVIEW THAT THE CLASS SCALE OF RATES, WHICH IS TENDERED AS APPLICABLE TO GOVERNMENT PROPERTY, SHOULD BE APPLIED REGARDLESS OF LOWER RATES PUBLISHED TO THE PUBLIC AT LARGE.

TO CHARGE THE GOVERNMENT FOR TRANSPORTATION IN EXCESS OF THE CHARGES APPLICABLE TO THE GENERAL PUBLIC WOULD BE CONTRARY TO PUBLIC POLICY AS WAS STATED IN 19 COMP. DEC. 208:

THE GOVERNMENT BEING ENTITLED LIKE ANY OTHER SHIPPER TO THE REGULAR TARIFF RATES * * * NO CONTRACT IN EXCESS OF SAID * * * RATE IS VALID, FOR IT WOULD BE, AS TO SAID EXCESS, A GIFT OF PUBLIC MONEY WITH NO CONSIDERATION THEREFOR, AND NO OFFICER HAS THE RIGHT TO GIVE AWAY PUBLIC REVENUES.

ALSO IN MO. PAC. R.R. CO. V. UNITED STATES, 71 CT.CLS. 650, 661, IT WAS SAID:

GOVERNMENT OFFICERS ARE WITHOUT AUTHORITY TO CONTRACT FOR RATES HIGHER THAN THOSE TENDERED TO THE PUBLIC IN DULY PUBLISHED AND AUTHORIZED TARIFFS.

THE ALLOWANCE HAVING BEEN MADE IN ACCORDANCE WITH A REGULAR TARIFF RATE IN EFFECT AT THE TIME OF SHIPMENT AND AVAILABLE TO THE PUBLIC, THE SETTLEMENT IS SUSTAINED.