B-128603, AUG. 24, 1956

B-128603: Aug 24, 1956

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FEDERAL CIVIL DEFENSE ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER DATED JULY 5. THE BILL OF LADING ATTACHED TO THE VOUCHER SHOWS THAT THE DESTINATION CARRIER WAS THE UNITED FREIGHT SYSTEM. THE VOUCHER IS MADE PAYABLE TO THE UNITED FREIGHT SYSTEM WITH THE ADDRESS SHOWN AS TRANSPORT CLEARINGS OF PUGET SOUND. WASHINGTON AND THE PAYEE'S CERTIFICATE IS EXECUTED FOR THE UNITED FREIGHT SYSTEM BY FREDERICK J. STATED THAT THE COMPANY WAS A CLEARING HOUSE AND BOUGHT BILLS OF LADING FROM MOTOR FREIGHT CARRIERS. HE STATED ALSO THAT THE COMPANY HAS A POWER OF ATTORNEY TO COLLECT FOR EACH CARRIER WHOSE BILL OF LADING IS PURCHASED. THE VOUCHER AS PREPARED REPRESENTS A CLAIM BY THE UNITED FREIGHT SYSTEM FOR PAYMENT TO IT OF THE FREIGHT BILL ON WHICH IT WAS THE DESTINATION CARRIER.

B-128603, AUG. 24, 1956

TO BUELAH D. LISIC, AUTHORIZED CERTIFYING OFFICER, FEDERAL CIVIL DEFENSE ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 5, 1956, ATTACHING PUBLIC VOUCHER FOR TRANSPORTATION CHARGES AND BILL OF LADING ON BEHALF OF THE UNITED FREIGHT SYSTEM IN THE AMOUNT OF $605.09 REPRESENTING CHARGES FOR THE SHIPMENT OF PRINTED MATTER FROM BATTLE CREEK, MICHIGAN, TO SPOKANE, WASHINGTON. YOU REQUEST A DECISION AS TO WHETHER THE VOUCHER MAY PROPERLY BE CERTIFIED FOR PAYMENT.

THE BILL OF LADING ATTACHED TO THE VOUCHER SHOWS THAT THE DESTINATION CARRIER WAS THE UNITED FREIGHT SYSTEM. THE VOUCHER IS MADE PAYABLE TO THE UNITED FREIGHT SYSTEM WITH THE ADDRESS SHOWN AS TRANSPORT CLEARINGS OF PUGET SOUND, 1917 FIRST AVENUE, SEATTLE, WASHINGTON AND THE PAYEE'S CERTIFICATE IS EXECUTED FOR THE UNITED FREIGHT SYSTEM BY FREDERICK J. FISHER, ATTORNEY.

APPARENTLY IN BELIEF THAT THE VOUCHER AS DRAWN CONSTITUTED A CLAIM BY TRANSPORT CLEARINGS FOR THE PAYMENT OF THE TRANSPORTATION CHARGES AS A PARTICIPATING CARRIER ON THE SHIPMENT, YOUR OFFICE REQUESTED TRANSPORT CLEARINGS TO FURNISH A WAIVER IN THEIR FAVOR FROM THE UNITED FREIGHT SYSTEM, TOGETHER WITH DOCUMENTARY EVIDENCE OF PERFORMANCE OF THE TRANSPORTATION SERVICE BY TRANSPORT CLEARINGS. BY LETTER DATED APRIL 25, 1956, FREDERICK J. FISHER, AS ATTORNEY IN FACT FOR TRANSPORT CLEARINGS, STATED THAT THE COMPANY WAS A CLEARING HOUSE AND BOUGHT BILLS OF LADING FROM MOTOR FREIGHT CARRIERS. HE STATED ALSO THAT THE COMPANY HAS A POWER OF ATTORNEY TO COLLECT FOR EACH CARRIER WHOSE BILL OF LADING IS PURCHASED.

THE VOUCHER AS PREPARED REPRESENTS A CLAIM BY THE UNITED FREIGHT SYSTEM FOR PAYMENT TO IT OF THE FREIGHT BILL ON WHICH IT WAS THE DESTINATION CARRIER, COUPLED WITH THE REQUEST THAT THE CHECK IN PAYMENT THEREFORE BE DELIVERED TO TRANSPORT CLEARINGS. WHERE A PARTY WHO IS ENTITLED TO PAYMENT FROM THE GOVERNMENT BECAUSE OF SERVICES RENDERED OR SUPPLIES FURNISHED DESIRES TO HAVE THE CHECK IN PAYMENT THEREOF DELIVERED TO ANOTHER, IT IS NECESSARY THAT A WRITTEN AUTHORIZATION TO THAT EFFECT ACCOMPANY THE CLAIM FOR PAYMENT. A VOUCHER PREPARED IN THE MANNER OF THE INSTANT CLAIM SHOWING THE ADDRESS AS BEING IN CARE OF ANOTHER COMPANY, WITH THE PAYEE'S CERTIFICATE PROPERLY EXECUTED BY THE PAYEE OR AN AUTHORIZED REPRESENTATIVE, GENERALLY IS REGARDED AS A PROPER AUTHORIZATION BY THE CLAIMANT TO HAVE THE CHECK WHICH IS PREPARED IN THE NAME OF THE CLAIMANT DELIVERED TO THE ADDRESS SHOWN ON THE VOUCHER. SUCH ARRANGEMENTS HAVE BEEN REGARDED BY THE ACCOUNTING OFFICERS AS PROPER AND ARE TO BE DISTINGUISHED FROM ASSIGNMENTS OF CLAIMS WHICH ARE CONTROLLED BY THE PROVISIONS IN SECTION 3477, REVISED STATUTES, AS AMENDED, 31 U.S.C. 203.

IT IS NOTED THAT IN THE INSTANT CLAIM THE PAYEE'S CERTIFICATE IS EXECUTED BY FREDERICK J. FISHER AS ATTORNEY FOR THE UNITED FREIGHT SYSTEM. MR. FISHER ALSO REPRESENTS TRANSPORT CLEARINGS AS EVIDENCED BY THE LETTER OF THAT COMPANY DATED APRIL 25, 1956, REFERRED TO ABOVE, WHICH WAS SIGNED BY HIM. IN ORDER TO INSURE THAT THE UNITED STATES WILL OBTAIN A VALID ACQUITTANCE UPON PAYMENT OF THE VOUCHER IN QUESTION, EVIDENCE IN THE FORM OF A POWER OF ATTORNEY OR OTHERWISE SHOULD BE OBTAINED FROM THE UNITED FREIGHT SYSTEM AUTHORIZING FREDERICK J. FISHER TO EXECUTE THE PAYEE'S CERTIFICATE ON THIS OR OTHER PUBLIC VOUCHERS OF THE UNITED STATES. ALSO A STATEMENT SHOULD BE OBTAINED FROM THE UNITED FREIGHT SYSTEM INDICATING THAT THE BILL OF LADING IN QUESTION WAS DELIVERED TO TRANSPORT CLEARINGS PROPERLY UNDER AN AGREEMENT BETWEEN THE PARTIES AND THAT THE CHECK DRAWN IN FAVOR OF UNITED FREIGHT SYSTEM IN PAYMENT THEREOF MAY BE DELIVERED TO TRANSPORT CLEARINGS.

UPON RECEIPT OF SUCH EVIDENCE FROM THE CARRIER, THE VOUCHER IN QUESTION MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT. THE VOUCHER AND ENCLOSURES ARE RETURNED HEREWITH.