B-123932, DEC. 22, 1955

B-123932: Dec 22, 1955

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DEPARTMENT OF THE INTERIOR: RETURNED HEREWITH IS RAILWAY EXPRESS AGENCY. THESE CHARGES WERE ASSESSED UPON THE BASIS OF THE APPLICABLE FIRST-CLASS EXPRESS RATE AND UPON RULE 13. WHEN THE DECLARED OR RELEASED VALUE EXCEEDS $50 FOR ANY SHIPMENT OF 100 POUNDS OR LESS THE CHARGES ARE 18 CENTS GREATER FOR EACH $100. ABSTRACTS OF TITLE HAVE BEEN DECLARED "VALUABLES" BY THE SECRETARY OF THE TREASURY. THE FACTS IN THE INSTANT CASE ARE VERY SIMILAR TO THOSE INVOLVED IN CONNECTION WITH A SHIPMENT OF FOOD STAMPS HANDLED BY THIS CARRIER IN APRIL 1940. WHICH WAS CONSIDERED IN A DECISION. PAYMENT OF THE INCREASED VALUATION CHARGE HERE CLAIMED IS NOT AUTHORIZED.

B-123932, DEC. 22, 1955

TO MR. E. V. LINDSETH, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

RETURNED HEREWITH IS RAILWAY EXPRESS AGENCY, INC., BILL D/1/10045, WHICH YOU SUBMITTED TO US, REQUESTING A DECISION AS TO WHETHER THE BILL MAY BE PROPERLY CERTIFIED FOR PAYMENT.

R. V. JONES, PROCUREMENT OFFICER, BUREAU OF RECLAMATION, ISSUED CERTIFICATE IN LIEU OF LOST BILL OF LADING I-398238, ON DECEMBER 20, 1954, TO COVER THE SHIPMENT OF 14 POUNDS OF LEGAL DOCUMENTS (ABSTRACTS OF TITLE), VALUED AT $4,000, FROM MCCOOK, NEBRASKA, TO ST. LOUIS, MISSOURI, VIA THE RAILWAY EXPRESS AGENCY. ON FEBRUARY 11, 1955, THE RAILWAY EXPRESS AGENCY SUBMITTED ITS BILL D/1/10045 FOR CHARGES OF $9.55 (TRANSPORTATION CHARGES OF $2.35 PLUS EXCESS VALUATION OF $7.20). THESE CHARGES WERE ASSESSED UPON THE BASIS OF THE APPLICABLE FIRST-CLASS EXPRESS RATE AND UPON RULE 13, "VALUATION CHARGES," OFFICIAL EXPRESS CLASSIFICATION NO. 35, I.C.C. NO. 7950, AS AMENDED, PROVIDING, IN PART, THAT, WHEN THE DECLARED OR RELEASED VALUE EXCEEDS $50 FOR ANY SHIPMENT OF 100 POUNDS OR LESS THE CHARGES ARE 18 CENTS GREATER FOR EACH $100, OR FRACTION THEREOF, IN EXCESS OF THE $50 VALUE. OUR TRANSPORTATION DIVISION HAS AUDITED THESE CHARGES AND HAS FOUND THE COMPUTATIONS TO BE CORRECT.

ABSTRACTS OF TITLE HAVE BEEN DECLARED "VALUABLES" BY THE SECRETARY OF THE TREASURY, CODE OF FEDERAL REGULATIONS, TITLE 31, SECTION 262.1 (B), PURSUANT TO THE PROVISIONS OF THE GOVERNMENT LOSSES IN SHIPMENT ACT, 50 STAT. 479, AS AMENDED AUGUST 10, 1939, 53 STAT. 1358, AND THE CITED ACT EXPRESSLY PROHIBITS ANY EXECUTIVE DEPARTMENT, INDEPENDENT ESTABLISHMENT, AGENCY, OR EMPLOYEE, FROM INCURRING ANY OBLIGATION FOR INSURANCE OR FOR THE PAYMENT OF PREMIUMS OR INSURANCE, AGAINST LOSS, DESTRUCTION, OR DAMAGE IN THE SHIPMENT OF VALUABLES, EXCEPT AS SPECIFICALLY AUTHORIZED BY THE SECRETARY OF THE TREASURY.

THE FACTS IN THE INSTANT CASE ARE VERY SIMILAR TO THOSE INVOLVED IN CONNECTION WITH A SHIPMENT OF FOOD STAMPS HANDLED BY THIS CARRIER IN APRIL 1940, WHICH WAS CONSIDERED IN A DECISION, B-12827, JANUARY 23, 1945. CONFORMITY WITH THAT DECISION, PAYMENT OF THE INCREASED VALUATION CHARGE HERE CLAIMED IS NOT AUTHORIZED.