A-74551, JULY 13, 1936, 16 COMP. GEN. 18

A-74551: Jul 13, 1936

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PAYMENT FOR TRANSPORTATION OF A TREASURY DEPARTMENT EMPLOYEE'S CAR ON CHANGE OF STATION IS UNAUTHORIZED. 1936: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION CLAIM OF THE ALASKA STEAMSHIP CO. THE RECORDS SHOW THAT THE AUTOMOBILE WAS PRIVATELY OWNED BY JOHN R. WHO WAS. THE CARRIER MUST BE PRESUMED TO HAVE HAD NOTICE OF SECTION 209. AS SPECIFIC REFERENCE WAS MADE IN THE BILL OF LADING TO THE TRAVEL AUTHORIZATION APPROVED JULY 28. THAT THE CARRIER WAS PUT ON NOTICE THAT THE AUTOMOBILE IT TRANSPORTED WAS PRIVATELY OWNED AUTOMOBILE. AS PAYMENT FROM PUBLIC FUNDS FOR SUCH SERVICES IS PROHIBITED BY THE STATUTE. THERE IS NO AUTHORITY FOR THE ALLOWANCE OF THE CLAIM.

A-74551, JULY 13, 1936, 16 COMP. GEN. 18

TRANSPORTATION - PRIVATELY OWNED AUTOMOBILE - CHANGE OF STATION TRANSPORTATION OF FEDERAL EMPLOYEES' AUTOMOBILES AT GOVERNMENT EXPENSE BEING PROHIBITED BY SECTION 209 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, EXCEPT AS SPECIFIED THEREIN, PAYMENT FOR TRANSPORTATION OF A TREASURY DEPARTMENT EMPLOYEE'S CAR ON CHANGE OF STATION IS UNAUTHORIZED, NOTWITHSTANDING SHIPMENT ON GOVERNMENT BILL OF LADING, THE CARRIER HAVING BEEN PUT ON NOTICE AS TO OWNERSHIP BY A SPECIFIC REFERENCE IN THE BILL OF LADING TO THE EMPLOYEE'S TRAVEL AUTHORIZATION PERMITTING TRAVEL BY PERSONALLY OWNED AUTOMOBILE.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, JULY 13, 1936:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION CLAIM OF THE ALASKA STEAMSHIP CO., SEATTLE, ASH., CARRIER'S BILL NO. 106, IN THE SUM OF $87.74 FOR THE TRANSPORTATION OF A PONTIAC SEDAN AUTOMOBILE FROM SEATTLE, WASH., TO JUNEAU, ALASKA, ON TREASURY DEPARTMENT, DIVISION OF DISBURSEMENTS, BILL OF LADING T-333102, ISSUED AUGUST 8, 1935.

THE RECORDS SHOW THAT THE AUTOMOBILE WAS PRIVATELY OWNED BY JOHN R. ELLIOTT, AN EMPLOYEE OF THE TREASURY DEPARTMENT, WHO WAS, BY TRAVEL AUTHORIZATION NO. 129-T, DATED JULY 27, 1935, AND APPROVED JULY 28, 1935, TRANSFERRED FROM WASHINGTON, D.C., TO JUNEAU, ALASKA. THE AUTHORIZATION PERMITTED THE EMPLOYEE TO USE HIS PERSONALLY OWNED AUTOMOBILE FOR TRAVEL BETWEEN WASHINGTON, D.C., AND SEATTLE, WASH., AND ALLOWED REIMBURSEMENT THEREFOR AS PROVIDED IN PARAGRAPH 12 OF THE GOVERNMENT TRAVEL REGULATIONS, APPROVED BY THE PRESIDENT JANUARY 30, 1934.

SECTION 209 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, PROVIDES:

HEREAFTER, NO LAW OR REGULATION AUTHORIZING OR PERMITTING THE TRANSPORTATION AT GOVERNMENT EXPENSE OF THE EFFECTS OF OFFICERS, EMPLOYEES, OR OTHER PERSONS, SHALL BE CONSTRUED OR APPLIED AS INCLUDING OR AUTHORIZING THE TRANSPORTATION OF AN AUTOMOBILE: PROVIDED, THAT NOT MORE THAN $5,000 IN ANY FISCAL YEAR MAY BE EXPENDED FOR SUCH PURPOSES BY THE WAR DEPARTMENT, AND NOT MORE THAN $5,000 IN ANY FISCAL YEAR BY THE NAVY DEPARTMENT.

THE CARRIER MUST BE PRESUMED TO HAVE HAD NOTICE OF SECTION 209, SUPRA, AND AS SPECIFIC REFERENCE WAS MADE IN THE BILL OF LADING TO THE TRAVEL AUTHORIZATION APPROVED JULY 28, 1935, IT MUST BE PRESUMED, ALSO, THAT THE CARRIER WAS PUT ON NOTICE THAT THE AUTOMOBILE IT TRANSPORTED WAS PRIVATELY OWNED AUTOMOBILE. AS PAYMENT FROM PUBLIC FUNDS FOR SUCH SERVICES IS PROHIBITED BY THE STATUTE, SUPRA, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF THE CLAIM.