B-135223, MAR. 14, 1958

B-135223, MAR. 14, 1958

TO CAMBEIS TRUCKING COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1958--- WITH ENCLOSED PHOTOSTATIC COPIES OF THE SHIPPING ORDER COPY OF GOVERNMENT BILL OF LADING NO. N-31183174--- CONCERNING A SHIPMENT OF 75 EXHAUST TRAPS,WEIGHING 13,500 POUNDS, WHICH WAS TRANSPORTED FROM THE MADISON MUFFLER COMPANY, LONG ISLAND CITY, NEW YORK, TO THE NEW YORK NAVAL SHIPYARD, BROOKLYN, NEW YORK, UNDER GOVERNMENT BILL OF LADING NO. N 31183174, DATED JULY 2, 1953.

YOU ALLEGE THAT YOUR COMPANY PERFORMED THE TRANSPORTATION SERVICE FROM LONG ISLAND CITY, NEW YORK, TO BROOKLYN, NEW YORK, AND TO SUPPORT YOUR CONTENTION YOU HAVE PRESENTED PHOTOTSTATIC COPIES OF THE SHIPPING ORDER, WHICH WAS PURPORTEDLY SIGNED BY YOUR DRIVER,"MANDELKOW.' YOU ALLEGE ALSO THAT YOU WERE ADVISED IN A LETTER DATED APRIL 25, 1956, FROM THE INSPECTOR OF NAVAL MATERIAL, THAT THE VICTORIA TRANSPORTATION COMPANY, INC.,--- THE CARRIER WHICH HAD SURRENDERED THE ORIGINAL BILL OF LADING, PROPERLY ACCOMPLISHED, AND HAD RECEIVED PAYMENT OF THE TRANSPORTATION CHARGES--- HAD INFORMED THEM THAT THE VICTORIA TRANSPORTATION COMPANY DID NOT HANDLE THE SHIPMENT.

OUR RECORDS SHOW THAT THE U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON 25, D.C., IN THEIR LETTER OF JUNE 11, 1956, ADVISED YOU THAT "AS SHOWN ON THE ENCLOSED FACSIMILE OF THE ORIGINAL BILL OF LADING N 31183174, USED IN SUPPORT OF THE FREIGHT CHARGES PAID TO THE VICTORIA TRANSPORTATION COMPANY, INC., PAYMENT AS MADE BY THIS OFFICE IS CORRECT.' THIS CONCLUSION IS JUSTIFIED, SINCE THE ORIGINAL BILL OF LADING SHOWS THAT THE SHIPMENT WAS TENDERED TO, AND ACCEPTED BY, THE VICTORIA TRANSPORTATION COMPANY AT ORIGIN, AND THE"CONSIGNEE'S CERTIFICATE OF DELIVERY" IS ACCOMPLISHED BY THE CONSIGNEE IN FAVOR OF THE VICTORIA TRANSPORTATION COMPANY, THIS CARRIER BEING THE ONLY ONE SHOWN TO HAVE PERFORMED ANY PART OF THE TRANSPORTATION SERVICE. ALSO, THE VICTORIA TRANSPORTATION COMPANY PREPARED ITS BILL ON THE AUTHORIZED GOVERNMENT FORM AND SUPPORTED ITS BILL WITH THE ORIGINAL BILL OF LADING. FURTHERMORE, THE ORIGINAL BILL OF LADING BEARS REFERENCE TO ,CARRIERS SECTION 22 QUOTATION TENDER NO. 1 DATED 20 MAR 46 AND S AND A NO. 618 APPLICABLE," BUT NO CAMBEIS TRUCKING COMPANY SECTION 22 QUOTATION HAS BEEN LOCATED WHICH WAS IN EFFECT ON THE DATE THIS SHIPMENT MOVED.

YOUR ATTENTION IS INVITED TO ONE OF THE CONDITIONS ON THE BACK OF THE ORIGINAL GOVERNMENT BILL OF LADING WHICH PROVIDES:

"IT IS MUTUALLY AGREED AND UNDERSTOOD BETWEEN THE UNITED STATES AND CARRIERS WHO ARE PARTIES TO THIS BILL OF LADING THAT---

"1. * * * ON PRESENTATION OF THIS BILL OF LADING, PROPERLY ACCOMPLISHED AND ATTACHED TO FREIGHT VOUCHER PREPARED ON THE AUTHORIZED GOVERNMENT FORM, TO THE OFFICE INDICATED ON THE FACE HEREOF, PAYMENT WILL BE MADE TO THE LAST CARRIER UNLESS OTHERWISE SPECIFICALLY STIPULATED.'

THUS, ON THE BASIS OF THE PRESENT RECORD, THE PAYMENT OF CHARGES TO THE VICTORIA TRANSPORTATION COMPANY, INC., THE ONLY CARRIER SHOWN ON THE FACE OF THE ORIGINAL BILL OF LADING TO HAVE PERFORMED ANY SERVICE IN CONNECTION WITH THIS SHIPMENT, WAS PROPER.

A CLAIM THAT IS PRESENTED AGAINST THE UNITED STATES MUST ESTABLISH CLEARLY THE FACTS AND PRINCIPLES UPON WHICH THE CLAIM IS BASED, AND THE BURDEN IMPOSED BY THE RULE MUST BE MET SQUARELY IN EACH CASE IN ORDER TO JUSTIFY THE ACCOUNTING OFFICERS IN CERTIFYING SUCH CLAIM FOR PAYMENT FROM APPROPRIATED MONEYS. SEE 23 COMP. GEN. 907.

THE FACTS PRESENTED BY YOU IN THIS CASE DO NOT ESTABLISH THE CLEAR LEGAL LIABILITY OF THE UNITED STATES AND YOUR RIGHT TO PAYMENT OF THE TRANSPORTATION CHARGES. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, YOUR CLAIM MAY NOT BE ALLOWED.