B-1816, JUNE 27, 1939, 18 COMP. GEN. 990

B-1816, JUNE 27, 1939, 18 COMP. GEN. 990

TRANSPORTATION - HORSES - CAR-DISINFECTING CHARGES WHERE ONLY THE USUAL CLEANING AND DISINFECTING REQUIRED TO PUT THE CARS IN A SANITARY CONDITION FOR TRANSPORTATION WAS PERFORMED BY THE CARRIER, NO PAYMENT MAY BE REQUIRED OF THE GOVERNMENT UNDER THE APPLICABLE TARIFFS AND DEPARTMENTAL REGULATIONS FOR THE DISINFECTING OF THE CARS USED IN CONNECTION WITH THE TRANSPORTATION OF GOVERNMENT HORSES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE MICHIGAN CENTRAL RAILROAD CO., JUNE 27, 1939:

CONSIDERATION HAS BEEN GIVEN TO YOUR SUPPLEMENTAL BILL NO. GAR-67412 D CLAIMING $14.63 IN ADDITION TO $250.61 WHICH WAS ALLOWED IN SETTLEMENT NO. 107123, NOVEMBER 24, 1936, OF YOUR BILL NO. GAR-67412-B ON BASIS AS FOLLOWS:

TABLE 3 CARS HORSES, MINIMUM WEIGHT 23,000 POUNDS PER CAR:

69,000 POUNDS AT 41 CENTS -------------------------- $282.90

4,200 POUNDS AT 82 CENTS --------------------------- 34.44

FARE ----------------------------------------------- 9.72

327.06

I.C. TO CHICAGO, 50 PERCENT-50 PERCENT L.G --------- $163.53 $81.76

M.C. BEYOND 50 PERCENT-4.363 PERCENT L.G ----------- 163.53 156.40

SWITCHING, 3 CARS AT $3.15 ------------------------------------ 9.45

BEDDING, 3 CARS AT $1.00 --------------------------------------- 3.00

250.61 FOR THE TRANSPORTATION OF SHIPMENT OF 3 CARLOADS HORSES; 15 BOXES SADDLES AND SADDLE EQUIPMENT, 3,980 POUNDS; AND 1 BOX OF COOKING UTENSILS, 220 POUNDS; FROM CHAMPAIGN, ILL., TO CAMP CUSTER, MICH., VIA ILLINOIS CENTRAL RAILROAD, CHICAGO, ILL., AND MICHIGAN CENTRAL RAILROAD, UNDER BILL OF LADING NO. WQ-719010, JUNE 16, 1934.

AS AN EXCEPTION TO THE SETTLEMENT YOU HAVE URGED IN LETTER JULY 23, 1937 (FILE GAR-FA-67412) ADDRESSED TO THE FINANCE DEPARTMENT, UNITED STATES ARMY, THAT:

* * * THERE IS NO LAND-GRANT DEDUCTION TO BE MADE EAST OF CHICAGO, ILL., ACCOUNT OF 14.36 PERCENT LAND-GRANT MILES, BEING INCLUDED IN THE LAND- GRANT MILEAGE FROM CHAMPAIGN, ILL., TO CHICAGO, ILL. THEREFORE, WE RESUBMIT OUR ABOVE NUMBERED BILL, SUPPLEMENT D. IN AMOUNT $265.24, SUPPORTED BY OUR AMENDED AFA-34, DATED JUNE 24TH, 1937, OUR GOVERNMENT FILE AX-83699. YOU HAVE PAID THE AMOUNT OF $250.61, TO DATE, LEAVING A BALANCE DUE OF $14.63.

YOU HAVE RECENTLY (SEE YOUR LETTER DATED APRIL 24, 1939, FILE 5 10114) CONCURRED IN THE APPLICATION OF LAND-GRANT DEDUCTIONS INTO AND OUT OF CHICAGO, ILL., AND ACCORDINGLY YOUR CLAIM WILL BE CONSIDERED AS HAVING BEEN AMENDED INSOFAR AS IT RELATES TO SUCH MATTER. THE AMOUNT CLAIMED INCLUDES AN ITEM OF $7.50 STATED TO BE---

DISINFECTING CHARGE ($2.50) PER CAR (3) CARS $7.50. APPARENTLY FOR DISINFECTING THE CARS BEFORE LOADING, AT THE SHIPPING POINT, CHAMPAIGN, ILL. THIS ITEM WAS ELIMINATED FROM YOUR BILL GAR-67412-B PRIOR TO THE SUBMISSION OF THE BILL HERE BY THE FINANCE OFFICE, WAR DEPARTMENT.

THE QUARTERMASTER GENERAL HAS REPORTED THAT INVESTIGATION BY THE WAR DEPARTMENT HAS DEVELOPED THAT DISINFECTING OF THE CARS WAS NOT PERFORMED AT THE REQUEST OF THE GOVERNMENT AND HAS RECOMMENDED THAT THE CLAIM FOR $7.50 SHOULD BE DISALLOWED.

APPARENTLY ONLY THE USUAL CLEANING AND DISINFECTING WHICH WAS NECESSARY TO PUT THE CARS IN A SANITARY CONDITION FOR TRANSPORTATION OF THE ANIMALS WAS PERFORMED BY THE CARRIER. SEE IN THIS CONNECTION AGENT BOYD'S QUARANTINE CIRCULAR NO. 5-G, BUREAU OF ANIMAL INDUSTRY ORDER NO. 309, SECTION 4, PARAGRAPH 1, WHICH READS:

CARS * * * WHICH HAVE BEEN USED IN THE INTERSTATE TRANSPORTATION OF * * * ANIMALS AFFECTED WITH OR CARRYING THE INFECTION OF ANY CONTAGIOUS, INFECTIOUS, OR COMMUNICABLE DISEASE SHALL BE CLEANED AND DISINFECTED UNDER BUREAU SUPERVISION IN ACCORDANCE WITH THESE REGULATIONS, AND THE FINAL CARRIER SHALL BE RESPONSIBLE FOR SUCH CLEANING AND DISINFECTION.

AND SEE AGENT JONES' TARIFF 515-A I.C.C. NO. 2679, ITEM 350, PROVIDING:

EXCEPTION: WHEN CARS IN WHICH QUARANTINE LIVESTOCK HAS BEEN HANDLED ARE FURNISHED BY CARRIERS FOR THE TRANSPORTATION OF LIVESTOCK FROM QUARANTINE TERRITORY AND IT BECOMES NECESSARY TO CLEAN OR DISINFECT SUCH CARS IN ORDER TO COMPLY WITH FEDERAL, STATE, COUNTY OR MUNICIPAL REGULATIONS THE COST OF CLEANING AND DISINFECTING SUCH CARS WILL BE ASSUMED BY THE CARRIER FURNISHING SUCH EQUIPMENT.

SEE, ALSO, WAR DEPARTMENT REGULATIONS, AR30-965, PARAGRAPH 19 (B) WHICH PROVIDE:

CLEANING AND DISINFECTION.---

(1) BY WHOM DONE.--- THE NECESSARY AND USUAL CLEANING AND DISINFECTION OF CARS MUST BE DONE BY THE CARRIER WITHOUT EXPENSE TO THE GOVERNMENT.

(2) ADDITIONAL DISINFECTION.--- ANY ADDITIONAL DISINFECTION THAT MAY BE ORDERED WILL BE DONE AT GOVERNMENT EXPENSE.

UPON THIS RECORD, THE CHARGE CLAIMED FOR DISINFECTING MUST BE, AND IS, DISALLOWED.