A-8762, JULY 6, 1925, 5 COMP. GEN. 5

A-8762: Jul 6, 1925

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THE TOTAL WEIGHT OF THE ENTIRE SHIPMENT RATHER THAN THE RATE APPLICABLE TO THE DIFFERENT ARTICLES SHIPPED IS THE GOVERNING FACTOR. 000-POUND LIMITATION IS LIABLE FOR THE COST OF TRANSPORTATION OF THE EXCESS WEIGHT COMPUTED AT THE AVERAGE COST PER POUND FOR THE ENTIRE SHIPMENT. 1925: I HAVE YOUR LETTER OF MARCH 16. YOU ARE AUTHORIZED TO INCUR THE NECESSARY EXPENSES INCIDENT TO THE TRANSFER OF YOUR PERSONAL AND HOUSEHOLD EFFECTS. SUCH EXPENSES WILL BE PAID. 000 POUNDS IS A LIMITATION UPON THE QUANTITY TO BE SHIPPED AND NOT UPON THE CHARGES TO BE INCURRED IN THE SHIPMENT. 000 POUNDS IS AUTHORIZED. THE AMOUNT CHARGEABLE TO THE OFFICER IS THE COST OF THE EXCESS OVER THE ALLOWANCE OF 5. AS NO DISTINCTION IS MADE IN THE LAW AS TO THE KIND OF PERSONAL PROPERTY THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE.

A-8762, JULY 6, 1925, 5 COMP. GEN. 5

TRANSPORTATION OF HOUSEHOLD EFFECTS AND AUTOMOBILE OF CUSTOMS OFFICERS UNDER THE ACT OF MARCH 4, 1923, 42 STAT. 1454, AUTHORIZING THE SHIPPING AT PUBLIC EXPENSE OF HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY, NOT IN EXCESS OF 5,000 POUNDS, OF CUSTOMS OFFICERS AND EMPLOYEES UPON OFFICIAL CHANGE OF STATION, THE TOTAL WEIGHT OF THE ENTIRE SHIPMENT RATHER THAN THE RATE APPLICABLE TO THE DIFFERENT ARTICLES SHIPPED IS THE GOVERNING FACTOR, AND AN OFFICER WHOSE HOUSEHOLD EFFECTS AND PERSONAL PROPERTY INCLUDING AN AUTOMOBILE EXCEEDED THE 5,000-POUND LIMITATION IS LIABLE FOR THE COST OF TRANSPORTATION OF THE EXCESS WEIGHT COMPUTED AT THE AVERAGE COST PER POUND FOR THE ENTIRE SHIPMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 6, 1925:

I HAVE YOUR LETTER OF MARCH 16, 1925, REFERRING TO A SHIPMENT IN MARCH, 1924, FROM LAREDO, EX., TO CHICAGO, ILL., OF 2,740 POUNDS OF HOUSEHOLD GOODS AND AN AUTOMOBILE WEIGHING 2,750 POUNDS, OF MARSHALL E. TUCKER, A CUSTOMS AGENT OF THE TREASURY DEPARTMENT.

THE ACT OF MARCH 4, 1923, 42 STAT. 1454, PROVIDES:

SEC. 5. THAT ALL CUSTOMS OFFICERS AND EMPLOYEES, INCLUDING CUSTOMS OFFICERS AND EMPLOYEES IN FOREIGN COUNTRIES, IN ADDITION TO THEIR COMPENSATION SHALL RECEIVE THEIR NECESSARY TRAVELING EXPENSES AND ACTUAL EXPENSES INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AND AWAY FROM THEIR DESIGNATED STATION, AND WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR DUTY MAY BE ALLOWED WITHIN THE DISCRETION AND UNDER WRITTEN ORDERS OF THE SECRETARY OF THE TREASURY, THE EXPENSES INCURRED FOR PACKING, CRATING, FREIGHT, AND DRAYAGE IN THE TRANSFER OF THEIR HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY, NOT EXCEEDING IN ALL FIVE THOUSAND POUNDS.

THE SECRETARY OF THE TREASURY ON APRIL 23, 1924, AUTHORIZED THE EXPENSES INCIDENT TO THE TRANSFER OF THE PROPERTY OF MARSHALL E. TUCKER IN THE FOLLOWING LANGUAGE:

MR. MARSHALL E. TUCKER,

CUSTOMS AGENT, C/O DIRECTOR, SPECIAL AGENCY SERVICE,

WASHINGTON, D.C.

SIR: IN CONNECTION WITH THE TRANSFER OF YOUR OFFICIAL STATION FROM LAREDO, TEXAS, TO CHICAGO, ILL., YOU ARE AUTHORIZED TO INCUR THE NECESSARY EXPENSES INCIDENT TO THE TRANSFER OF YOUR PERSONAL AND HOUSEHOLD EFFECTS, WHICH INCLUDE PACKING, CRATING, FREIGHT AND DRAYAGE, NOT EXCEEDING IN ALL 5,000 LBS. SUCH EXPENSES WILL BE PAID, WHEN PROPERLY VOUCHERED, FROM THE APPROPRIATIONS ,COLLECTING THE REVENUE FROM CUSTOMS, 1924," SPECIAL AGENCY ALLOTMENT, IN CONFORMITY WITH SECTION OF THE ACT APPROVED MARCH 4, 1923 (42 STAT., 1454).

THE ACT AUTHORIZES, WITHIN THE DISCRETION AND UNDER THE WRITTEN ORDERS OF THE SECRETARY OF THE TREASURY, EXPENSES INCURRED IN THE TRANSFER OF HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY OF CUSTOMS OFFICERS AND EMPLOYEES NOT EXCEEDING IN ALL 5,000 POUNDS. THE 5,000 POUNDS IS A LIMITATION UPON THE QUANTITY TO BE SHIPPED AND NOT UPON THE CHARGES TO BE INCURRED IN THE SHIPMENT. AS THE ACT PROVIDES FOR TRANSFERRING "HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY," THERE WOULD APPEAR TO BE NO ROOM FOR DOUBT THAT AN AUTOMOBILE MAY PROPERLY BE CLASSED AS "OTHER PERSONAL PROPERTY" WITHIN THE MEANING OF THE STATUTE AND THE WRITTEN ORDER OF THE SECRETARY, AND THE ALLOWANCE OF THE COST OF THE SHIPMENT UP TO 5,000 POUNDS IS AUTHORIZED.

THE TOTAL COST OF THIS SHIPMENT CONSISTING OF 2,740 POUNDS OF HOUSEHOLD GOODS AND AN AUTOMOBILE WEIGHING 2,750 POUNDS, AT THE TARIFF RATE OF FIRST CLASS, $2.79 PER 100 POUNDS, FOR THE HOUSEHOLD GOODS AND DOUBLE FIRST CLASS, $5.58 PER 100 POUNDS, FOR THE AUTOMOBILE EQUALS $229.90.

THE AMOUNT CHARGEABLE TO THE OFFICER IS THE COST OF THE EXCESS OVER THE ALLOWANCE OF 5,000 POUNDS AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE. AS NO DISTINCTION IS MADE IN THE LAW AS TO THE KIND OF PERSONAL PROPERTY THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE, THE CHARGE AGAINST THE OFFICER MUST BE COMPUTED ON THE BASIS OF THE PROPORTIONATE COST OF THE EXCESS, OR 490 OVER 5490 OF $229.90, WHICH IS $20.52.

THERE IS STATED TO HAVE BEEN 56 CENTS HERETOFORE REMITTED BY MR. TUCKER ON ACCOUNT OF THE EXCESS INVOLVED, AND IF THIS BE PROPERLY ESTABLISHED THE AMOUNT OF $20.52 LESS 56 CENTS OR $19.96 SHOULD BE REMITTED BY MARSHALL E. TUCKER TO THIS OFFICE TO BE COVERED INTO THE TREASURY TO THE CREDIT OF THE PROPER APPROPRIATION.