A-98278, MARCH 7, 1939, 18 COMP. GEN. 698

A-98278: Mar 7, 1939

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FOR THE REASON THAT UNAUTHORIZED SERVICES WERE FURNISHED THEREON. WITH REFERENCE TO THE MATTER YOUR LETTER STATES IN PART AS FOLLOWS: WE HAVE NO RECORD OF SUCH CLAIM NUMBER BUT DO FIND THAT IN OUR BILL NO. 16416 WE CLAIMED 90 CENTS FOR A MEAL FURNISHED ON REQUEST NO. 833123. IT IS POSSIBLE THAT AUDRY LINCOLN MIXED HIS REQUESTS FOR MEALS AND HOTEL SERVICE BUT IN VIEW OF THE FACT THAT HE DID HAVE HOTEL SERVICE REQUEST WOULD INDICATE THAT HE WOULD ALSO HAVE TO HAVE SOME REQUESTS FOR MEALS. REQUEST NO. 833123 WAS ADDRESSED TO "ANY LODGING HOUSE" AND SPECIFICALLY AUTHORIZED THE FURNISHING OF ONE LODGING AT A COST OF NOT TO EXCEED $1.50. THIS PARTY WAS UNABLE TO COME TO THE DINING CAR FOR SERVICE AND WAS SERVED IN THE DAY COACH A 90-CT.

A-98278, MARCH 7, 1939, 18 COMP. GEN. 698

MEAL FURNISHED GOVERNMENT BENEFICIARY ON UNITED STATES GOVERNMENT LODGING REQUESTS - GOVERNMENT LIABILITY FOR COST A UNITED STATES GOVERNMENT REQUEST ADDRESSED TO "ANY LODGING HOUSE," AND SPECIFICALLY AUTHORIZING THE FURNISHING OF ONE LODGING, MAY NOT BE MADE THE BASIS OF A CLAIM BY A RAILROAD FOR THE COST OF A MEAL AND SANDWICHES FURNISHED WITH NOTICE OF THE SPECIFIC LIMITATIONS AS TO THE SERVICE TO BE FURNISHED THEREUNDER.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE MISSOURI PACIFIC RAILROAD CO., MARCH 7, 1939:

YOUR LETTER OF JUNE 24, 1938, FILE 6-50-12-37-4, IN EFFECT REQUESTS REVIEW OF SETTLEMENT NO. 013587/9) DATED JUNE 14, 1938, WHICH DISALLOWED YOUR CLAIM FOR $1.50 FOR A MEAL AND FOUR SANDWICHES FURNISHED AUDRY LINCOLN, A BENEFICIARY OF THE VETERANS' ADMINISTRATION, ON UNITED STATES GOVERNMENT REQUEST NO. 833123, ISSUED NOVEMBER 8, 1937, FOR THE REASON THAT UNAUTHORIZED SERVICES WERE FURNISHED THEREON.

WITH REFERENCE TO THE MATTER YOUR LETTER STATES IN PART AS FOLLOWS:

WE HAVE NO RECORD OF SUCH CLAIM NUMBER BUT DO FIND THAT IN OUR BILL NO. 16416 WE CLAIMED 90 CENTS FOR A MEAL FURNISHED ON REQUEST NO. 833123.

IT IS POSSIBLE THAT AUDRY LINCOLN MIXED HIS REQUESTS FOR MEALS AND HOTEL SERVICE BUT IN VIEW OF THE FACT THAT HE DID HAVE HOTEL SERVICE REQUEST WOULD INDICATE THAT HE WOULD ALSO HAVE TO HAVE SOME REQUESTS FOR MEALS.

WE WOULD APPRECIATE A FURTHER INVESTIGATION OF THIS CASE AS IT DOES NOT SEEM REASONABLE THAT THE GOVERNMENT WOULD NOT FURNISH MEALS TO A VETERAN TRAVELING FROM PLACE TO PLACE.

REQUEST NO. 833123 WAS ADDRESSED TO "ANY LODGING HOUSE" AND SPECIFICALLY AUTHORIZED THE FURNISHING OF ONE LODGING AT A COST OF NOT TO EXCEED $1.50. IN EXPLANATION OF HIS ACCEPTANCE OF THE REQUEST FOR A MEAL FURNISHED THE BENEFICIARY THE WAITER IN CHARGE, MISSOURI PACIFIC DINING CAR NO. 10234, STATED UNDER DATE OF DECEMBER 15, 1937, AS FOLLOWS:

REGARDING U.S. GOVERNMENT MEAL REQUEST NO. 833123 HONORED BY ME ON THE 9TH DAY OF NOVEMBER.

THIS PARTY WAS UNABLE TO COME TO THE DINING CAR FOR SERVICE AND WAS SERVED IN THE DAY COACH A 90-CT. SALISBURY STEAK DINNER AND STATED HE WOULD TAKE FOUR SANDWICHES FOR THE REMAINDER OF THE $1.50.

THIS SERVICE WAS RENDERED BY WAITER L. S. DRAKE AND WAS CALLED TO MY ATTENTION AFTER THE DINNER WAS SERVED AND THE FORM TURNED IN TO ME BY DRAKE AFTER THE PARTY MADE THE X AND WAS SIGNED BY SOME ONE BUT NOT BY ME.

I DON-T RECALL OF EVER HAVING A GOV. ORDER FOR LODGING PRESENTED TO ME FOR A MEAL AND NOT THINKING ANY THING OF THIS I ACCEPTED IT FOR THE 90-CT. MEAL AND THE FOUR 15-CT. HAM SANDWICHES.

IN MY ESTIMATION THIS WAS THE ONLY FORM THE ARMY MAN HAD LEFT AND WISHED DINNER WHICH WAS SERVED HIM.

IT THUS APPEARS THAT NOTWITHSTANDING THE SPECIFIC PROVISIONS OF THE REQUEST CALLING FOR ONE LODGING IT WAS ACCEPTED BY YOUR REPRESENTATIVE, WITH NOTICE OF SUCH PROVISIONS, IN PAYMENT FOR A MEAL AND FOR OTHER ITEMS WHICH DID NOT EVEN FORM A PART OF THE MEAL.

THE UNITED STATES GOVERNMENT REQUEST HERE IN QUESTION WAS ISSUED FOR THE SPECIFIC PURPOSE THEREIN DESIGNATED AND THERE WAS NO AUTHORITY FOR ITS USE OR ACCEPTANCE IN PAYMENT FOR SOME OTHER SUBSISTENCE EXPENSES WHICH MAY HAVE BEEN INCURRED BY THE VETERAN. SINCE THE SERVICE RENDERED WAS NOT IN ACCORDANCE WITH THE REQUEST THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.