B-28543, OCTOBER 7, 1942, 22 COMP. GEN. 322

B-28543: Oct 7, 1942

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ETC. - TRANSPORTATION PROCEDURE IF AN APPROPRIATION IS AVAILABLE FOR SHIPPING HOME THE CIVILIAN CLOTHING OF SELECTEES AND CERTAIN OTHER PERSONNEL AT GOVERNMENT EXPENSE. THE PROCEDURE PROPOSED IS APPROVED WHEREBY THE WAR DEPARTMENT WILL NOT ISSUE GOVERNMENT BILLS OF LADING BUT WILL MAKE THE SHIPMENTS BY PREPAID EXPRESS. 1942: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 27. AS FOLLOWS: ARMY REGULATIONS PROVIDE THAT ENLISTED MEN WILL SEND THEIR CIVILIAN CLOTHING TO THEIR HOMES OR OTHERWISE DISPOSE OF IT. THAT COST OF SHIPMENT WILL BE BORNE BY THE GOVERNMENT. ISSUANCE OF GOVERNMENT BILLS OF LADING TO COVER SUCH OF THOSE SHIPMENTS AS NORMALLY MOVE BY EXPRESS IS A PAPERWORK UNDERTAKING NOT ONLY OUT OF PROPORTION TO THE IMPORTANCE OF THE SHIPMENTS.

B-28543, OCTOBER 7, 1942, 22 COMP. GEN. 322

SHIPMENT HOME OF CIVILIAN CLOTHING OF SELECTEES, ETC. - TRANSPORTATION PROCEDURE IF AN APPROPRIATION IS AVAILABLE FOR SHIPPING HOME THE CIVILIAN CLOTHING OF SELECTEES AND CERTAIN OTHER PERSONNEL AT GOVERNMENT EXPENSE, THE PROCEDURE PROPOSED IS APPROVED WHEREBY THE WAR DEPARTMENT WILL NOT ISSUE GOVERNMENT BILLS OF LADING BUT WILL MAKE THE SHIPMENTS BY PREPAID EXPRESS, PROVIDED THE PROVISION AUTHORIZING SHIPMENT, WITH ARTICLES AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE, OF OTHER ARTICLES AT THE EXPENSE OF THE SHIPPER BE EITHER ELIMINATED OR CLARIFIED TO PERMIT OF ACCURATE VERIFICATION OF THE GOVERNMENT'S SHARE OF THE TRANSPORTATION CHARGES; AND PROVIDED THE CARRIER BE REQUIRED TO SUPPORT ITS BILLS WITH CONSIGNEES' RECEIPTS FOR DELIVERY OF SHIPMENTS AT DESTINATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, OCTOBER 7, 1942:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 27, 1942, AS FOLLOWS:

ARMY REGULATIONS PROVIDE THAT ENLISTED MEN WILL SEND THEIR CIVILIAN CLOTHING TO THEIR HOMES OR OTHERWISE DISPOSE OF IT, AND THAT COST OF SHIPMENT WILL BE BORNE BY THE GOVERNMENT. (SEE SEC. II, CIR. NO. 122; SEC. I, CIR. NO. 181; AND SEC. VII, NO. 235, W.D., 1942.)

ISSUANCE OF GOVERNMENT BILLS OF LADING TO COVER SUCH OF THOSE SHIPMENTS AS NORMALLY MOVE BY EXPRESS IS A PAPERWORK UNDERTAKING NOT ONLY OUT OF PROPORTION TO THE IMPORTANCE OF THE SHIPMENTS, BUT IMPOSSIBLE WITHOUT MATERIAL OUTLAYS FOR PERSONNEL, SPACE, AND EQUIPMENT. ELIMINATION OF THE USE OF EXPRESS SERVICE FOR SUCH SHIPMENTS WILL (1) DEPRIVE SHIPPERS OF INHERENT ADVANTAGES WHICH EXPRESS SERVICE OFFERS IN MANY INSTANCES, EVIDENCED BY CHOICE OF SUCH SERVICE BY THIS CLASS OF SHIPPER FOR A MATERIAL NUMBER OF SUCH SHIPMENTS, AND (2) RESULT IN ULTIMATE WITHDRAWAL OF CERTAIN ADVANTAGEOUS EXPRESS FACILITIES AT POINTS OF SHIPMENT, WHICH ARE USED FOR BOTH OUTBOUND AND INBOUND SHIPMENTS. IT IS HEREBY ADMINISTRATIVELY DETERMINED THAT, IN CONNECTION WITH SHIPMENTS OF CIVILIAN CLOTHING OF MEMBERS OF FORCES UNDER THE JURISDICTION OF THE WAR DEPARTMENT, IT IS AGAINST THE BEST INTEREST OF THE GOVERNMENT:

1. TO ISSUE GOVERNMENT BILLS OF LADING FOR SUCH SHIPMENTS BY EXPRESS.

2. TO REQUIRE PROOF OF DELIVERY OF ALL SUCH SHIPMENTS BY EXPRESS, AS A CONDITION PRECEDENT TO PAYMENT OF CHARGES.

3. TO ELIMINATE OR LIMIT THE USE OF EXPRESS SERVICE FOR SUCH SHIPMENTS, OTHER THAN TO THE EXTENT TO WHICH IT MAY BE LIMITED BY CONSIDERATIONS OF SERVICE, ECONOMY, AND FACILITY, UNDER NORMAL COMPETITIVE CONDITIONS NOT ARTIFICIALLY INFLUENCED BY SPECIAL GOVERNMENTAL REQUIREMENTS.

IT IS ALSO HEREBY ADMINISTRATIVELY DETERMINED THAT ITEM 1 NEXT ABOVE, IS, IN ADDITION, IMPRACTICABLE. IT IS ALSO THE JUDGMENT OF THE DEPARTMENT THAT ITEM 2 NEXT ABOVE IS EQUALLY IMPRACTICABLE FROM THE STANDPOINT OF THE EXPRESS COMPANY.

THE DEPARTMENT WISHES TO ASSUME NO CUSTODIAL RELATIONSHIP, ACTUAL OR IMPLIED, TO THE SHIPMENTS DESCRIBED ABOVE. IT APPEARS THAT THE METHOD EMPLOYED BY THE WAR DEPARTMENT TO BEAR THE COST OF SUCH SHIPMENTS IS NOT LEGALLY MATERIAL. SHOULD IT BE HELD THAT IT IS NECESSARY FOR REPRESENTATIVES OF THE WAR DEPARTMENT TO TAKE PHYSICAL CHARGE OF SUCH SHIPMENTS AND CONSIGN THEM, IN ORDER TO VALIDATE THE WAIVER SOUGHT OF CUSTOMARY ACCOUNTING FORMALITIES, IT WILL BE THE PURPOSE OF THE DEPARTMENT TO PROVIDE BY APPROPRIATE REGULATIONS, IN LIEU OF THE PROVISIONS OF SUBPARAGRAPHS B AND D OF INCLOSED DRAFT, SUBSTANTIALLY AS FOLLOWS: THAT OWNERS WILL DELIVER PACKAGES, PROPERLY PACKED AND MARKED, TO LOCAL ARMY TRANSPORTATION OFFICERS. THAT TRANSPORTATION OFFICERS WILL DELIVER ALL SUCH PACKAGES PERIODICALLY, BUT AT LEAST ONCE A WEEK, TO EXPRESS COMPANY AND REQUIRE THE COMPANY TO PREPARE SEPARATE PREPAID EXPRESS RECEIPTS FOR EACH SHIPMENT TENDERED IN THE NAME OF THE OWNER OF THE PROPERTY, AND WILL WARN OWNERS THAT THE GOVERNMENT ASSUMES NO RESPONSIBILITY FOR THE PROPERTY OR DELIVERY THEREOF.

IT IS REQUESTED THAT YOU FURNISH INFORMATION OF WHETHER YOUR OFFICE WILL BE REQUIRED TO OBJECT TO THE METHODS OF ARRANGING FOR TRANSPORTATION OF SHIPMENTS OF CIVILIAN CLOTHING, AND OF PAYING FOR SUCH TRANSPORTATION, PRESCRIBED BY INCLOSED DRAFT OF CIRCULAR OF THE SERVICES OF SUPPLY, THIS DEPARTMENT. IN THE EVENT YOUR OFFICE WOULD BE REQUIRED SO TO OBJECT, IT IS REQUESTED SUCH SUGGESTIONS BE MADE AS MAY BE APPROPRIATE, CONSIDERED IN THE LIGHT OF THE ADMINISTRATIVE DETERMINATIONS AND DESIRES SET FORTH HEREIN ABOVE. BECAUSE OF THE IMPORTANT AND WIDE-SPREAD OPERATING CONSEQUENCES, YOUR EARLY REPLY WILL BE APPRECIATED.

THE "DRAFT OF CIRCULAR OF THE SERVICES OF SUPPLY" REFERRED TO IS AS FOLLOWS:

SHIPMENTS OF CIVILIAN CLOTHING AT WAR DEPARTMENT EXPENSE FROM MILITARY ESTABLISHMENTS.--- 1. WHENEVER SHIPMENTS OF CIVILIAN CLOTHING ARE MADE, COST OF SHIPMENT OF WHICH IS BORNE BY THE WAR DEPARTMENT, UNDER THE PROVISIONS OF PARAGRAPH 23 C (2), MR 1-7, AS AMENDED BY SECTION II, CIRCULAR NO. 122, WAR DEPARTMENT, 1942, OR PARAGRAPH 21 D (3), MR 1-5, AS AMENDED BY SECTION I, CIRCULAR NO. 181, WAR DEPARTMENT, 1942 (SEE ALSO SECTION VII, CIRCULAR NO. 235, WAR DEPARTMENT, 1942), OR UNDER ANY OTHER PROVISIONS SUBSEQUENTLY PUBLISHED UNDER WHICH COST OF SHIPMENT OF SMALL PACKAGES OF PROPERTY OF ENLISTED MEN, SELECTEES, OR MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS OR OF THE ARMY SPECIALIST CORPS ARE BORNE BY THE WAR DEPARTMENT, THE FOLLOWING PORTIONS OF PROCEDURE ARE PRESCRIBED:

A. ALL SHIPMENTS WEIGHING NOT MORE THAN 4 POUNDS WILL BE MADE BY PARCEL POST. OTHER SHIPMENTS WILL BE MADE BY EITHER PARCEL POST OR RAILWAY EXPRESS. INITIAL CHOICE OF METHOD OF TRANSPORTATION OF SHIPMENTS WEIGHING MORE THAN 4 POUNDS WILL BE MADE BY SHIPPER, SUBJECT TO GENERAL CONTROL BY LOCAL TRANSPORTATION OFFICER TO PROVIDE REASONABLE OVER-ALL ECONOMY IN THE COST TO THE GOVERNMENT. IN COMPARING CHARGES, FIFTEEN (15) CENTS PER SHIPMENT WILL BE ADDED TO POSTAGE CHARGE, AS A CONSTRUCTIVE DIFFERENTIAL TO COVER INSURANCE WHICH IS AUTOMATICALLY PROVIDED BY EXPRESS. AN EFFORT WILL BE MADE TO USE ONLY SERVICE WHICH WILL REACH ACTUAL DESTINATION ADDRESS. DEPARTURE FROM MOST ECONOMICAL METHOD OF SHIPMENT IS AUTHORIZED UPON VERBAL REPRESENTATION BY SHIPPER THAT SERVICE CHOSEN IS NECESSARY TO PROVIDE DELIVERY TO CONSIGNEE, AND ALSO WHEN SUCH DEPARTURES ARE CAUSED BY ORDINARY WORKING INADVERTENCES.

B. NO SHIPMENTS WILL BE MADE IN THE NAME OF THE WAR DEPARTMENT. ADDRESSING WILL BE PERFORMED BY THE SHIPPER OR BY ANOTHER ON THE SHIPPER'S RESPONSIBILITY. SHIPPER WILL BE INFORMED THAT THE WAR DEPARTMENT ASSUMES NO RESPONSIBILITY FOR SHIPMENT, AND THAT SHIPPER SHOULD TAKE SUCH PRECAUTIONS AS HE DESIRES TO ASSURE SAFE DELIVERY OR RECOVERY FOR LOSS OR DAMAGE IN TRANSIT.

C. FOR SUCH SHIPMENTS AS ARE MADE BY PARCEL POST, POSTAGE WILL BE ISSUED. POSTAGE FOR INSURANCE IS AUTHORIZED WHEN INSURANCE IS REQUESTED BY SHIPPER, AT ACTUAL VALUATION BUT NOT TO EXCEED FIFTEEN (15) CENTS FEE.

D. SUCH SHIPMENTS AS ARE MADE BY RAILWAY EXPRESS WILL BE TENDERED IN THE NAME OF ENLISTED MAN OR SELECTEE ON THE PREPAID COMMERCIAL FORMS OF THE EXPRESS COMPANY. BEING PRIVATELY OWNED, THE PROPERTY IS NEVER SUBJECT TO LAND-GRANT RATES. OFFICER WHO WILL CERTIFY BILLS FOR PAYMENT WILL ASSURE HIMSELF IN ADVANCE THAT PREPAID RECEIPTS WILL BEAR SUFFICIENT IDENTIFICATION OF SHIPPER TO ENABLE CERTIFICATION.

E. THE TRANSPORTATION OFFICER WILL ARRANGE WITH THE EXPRESS COMPANY FOR THE RENDITION OF BILLS PERIODICALLY, BUT AT LEAST ONCE A WEEK. BILLS IN QUADRUPLICATE, LISTING EACH SHIPMENT AND SHOWING NAME OF THE SHIPPER AND CONSIGNEE, DESTINATION, WEIGHT AND CHARGES WILL BE PREPARED AND CERTIFIED BY THE EXPRESS COMPANY. BILLS WILL BE SUPPORTED BY THE ORIGINAL AND ONE COPY OF EACH PREPAID EXPRESS RECEIPT, AND TRANSMITTED BY THE EXPRESS COMPANY TO THE TRANSPORTATION OFFICER. THE TRANSPORTATION OFFICER WILL INDICATE ON THE BILLS THE APPROPRIATION CHARGEABLE, CERTIFY THAT SHIPPER IS ENTITLED TO SHIPMENT AT GOVERNMENT EXPENSE UNDER (AUTHORITY TO BE CITED), AND TRANSMIT BILLS AND SUPPORTING PAPERS TO THE LOCAL DISBURSING OFFICER FOR PAYMENT IN THE MANNER PROVIDED FOR COMMERCIAL VOUCHERS.

F. THE DISBURSING OFFICER WILL RETURN THE TRIPLICATE COPY OF THE BILL TO THE EXPRESS COMPANY WITH CHECK IN PAYMENT THEREOF, AND RETURN THE QUADRUPLICATE COPY, BEARING NOTATION OF THE DISBURSING OFFICER'S VOUCHER NUMBER AND DATE OF PAYMENT, TO THE TRANSPORTATION OFFICER FOR HIS FILES.

G. WHENEVER SHIPPERS ARE PERMITTED, BY SPECIFIC AUTHORITY OF LOCAL COMMANDER, TO INCLUDE OTHER PROPERTY WITH AUTHORIZED SHIPMENTS, THE ADDITIONAL (NOT PRORATA) COST WILL BE PAID IN CASH BY SHIPPER. MORE THAN ONE PACKAGE MAY BE INCLUDED IN ONE EXPRESS SHIPMENT. TRANSPORTATION OFFICER WILL REQUIRE EXPRESS AGENT TO BILL THE GOVERNMENT ONLY FOR AUTHORIZED PORTION OF SHIPMENT, AS IF ALONE, AND TO COLLECT THE DIFFERENCE IN CASH FROM SHIPPER. POSTAGE AND INSURANCE EXCESSES WILL LIKEWISE BE PAID BY SHIPPER.

H. SUCH LOCAL SUPERVISION AND CONTROL AS MAY BE FOUND NECESSARY, NOT IN CONFLICT WITH THESE INSTRUCTIONS, MAY BE ESTABLISHED. SHIPMENTS MAY BE MADE IN SUCH ARTICLES OF LUGGAGE AS WERE BROUGHT TO POINT OF SHIPMENT BY SHIPPER AND ARE ACCEPTABLE FOR TRANSPORTATION BY MEANS SELECTED, BUT INDUCTION STATIONS OR OTHER PROCESSING STATIONS WILL DISCOURAGE THE CARRIAGE OF LUGGAGE AND EXCESS CLOTHING OR ARTICLES TO POINT OF SHIPMENT.

I. ASSISTANCE OR FACILITIES OFFERED BY EXPRESS COMPANY TO SHIPPERS FOR PREPARING AND MAKING SHIPMENTS WILL BE PERMITTED TO THE EXTENT THAT NO IMPORTANT INTERFERENCE WITH FUNCTIONS OF THE ESTABLISHMENT IS ENTAILED.

2. DETAILS OR OTHER PORTIONS OF PROCEDURE NOT SPECIFIED ABOVE ARE NOT PRESCRIBED HEREBY.

WAR DEPARTMENT CIRCULAR NO. 122 OF APRIL 25, 1942, AMENDING MOBILIZATION REGULATIONS NO. 1-7 OF OCTOBER 1, 1940, PROVIDES, WITH RESPECT TO SELECTIVE SERVICE INDUCTEES, AS FOLLOWS:

II. * * *

23C (2). THE ENLISTED MAN WILL BE INSTRUCTED TO SEND HOME OR OTHERWISE DISPOSE OF ALL CIVILIAN OUTER CLOTHING. COST OF SHIPMENT WILL BE BORNE BY THE GOVERNMENT. (A.G. 420 (3-7-42).)

WAR DEPARTMENT CIRCULAR NO. 181 OF JUNE 10, 1942, AMENDING MOBILIZATION REGULATIONS NO. 1-5 OF OCTOBER 1, 1940, PROVIDES, WITH RESPECT TO ENLISTED MEN (VOLUNTEERS), AS FOLLOWS:

I. * * *

21D (3). EACH RECEPTION CENTER WILL MAKE NECESSARY PROVISIONS FOR ENLISTED MEN TO SEND TO THEIR HOMES OR OTHERWISE DISPOSE OF ALL CIVILIAN OUTER CLOTHING. COST OF SHIPMENT WILL BE BORNE BY THE GOVERNMENT. (A.G. 420 (5-23-42).)

IN WAR DEPARTMENT CIRCULAR NO. 235 OF JULY 18, 1942, IT IS STATED:

VII. * * *

THE POST OFFICE DEPARTMENT HAS RULED THAT THE CIVILIAN CLOTHING OF THE MILITARY FORCES OF THE UNITED STATES MAY BE MAILED FREE OF POSTAGE UNDER WAR DEPARTMENT PENALTY LABEL IF MAILED BY THE SENDER'S COMMANDING OFFICER AND PROVIDED THE PARCEL DOES NOT WEIGH MORE THAN 4 POUNDS. THE COST OF SHIPPING SUCH PARCELS IN EXCESS OF 4 POUNDS WILL BE BORNE BY THE WAR DEPARTMENT FROM APPROPRIATE FUNDS AVAILABLE TO THE COMMANDING OFFICER. SEE SECTION II, CIRCULAR NO. 122, AND SECTION I, CIRCULAR NO. 181, WAR DEPARTMENT, 1942. (A.G. 420 (7-14-42).)

IN GENERAL, THE REGULATIONS OF THIS OFFICE PRESCRIBE THAT STANDARD FORM NO. 1058, GOVERNMENT BILL OF LADING, BE USED FOR THE "SHIPMENT, TRANSPORTATION, AND DELIVERY OF GOVERNMENT PROPERTY.' SEE GENERAL REGULATIONS NO. 69 OF AUGUST 24, 1928, 8 COMP. GEN. 695. THIS FORM IS SO PREPARED AS TO SHOW ON ITS FACE THE GOVERNMENTAL AGENCY TO BE BILLED FOR THE SERVICE, THE APPROPRIATION CHARGEABLE THEREWITH, RECEIPT BY THE INITIAL CARRIER FOR THE SHIPMENT, A STATEMENT OF THE AUTHORITY FOR THE SHIPMENT, A CERTIFICATE BY THE ISSUING OFFICER IDENTIFYING THE CONTRACT, IF ANY, INVOLVED IN THE MATTER, AND A CERTIFICATE OF DELIVERY OF THE PROPERTY AT DESTINATION FOR ACCOMPLISHMENT BY THE CONSIGNEE SHOWING WHERE AND BY WHAT CARRIER DELIVERY HAS BEEN MADE AT DESTINATION AND THE DATE OF SUCH DELIVERY. IN ADDITION, PROVISION IS MADE ON THE BACK OF THE CITED FORM FOR THE SHOWING OF DATA TO SERVE (1) AS NOTICE TO THE DELIVERING CARRIER OF ANY LOSS OR DAMAGE TO THE SHIPMENT AND (2) AS A CLAIM FOR THE VALUE OF LOST OR DAMAGED MATERIAL. THUS THE STANDARD FORM NO. 1058, IN ITSELF, WHEN PROPERLY EXECUTED, AFFORDS A SUFFICIENT SHOWING OF THE FACTS INVOLVED TO SUPPORT A CLAIM FOR CHARGES FOR THE TRANSPORTATION SERVICE RENDERED.

THE PROCEDURE PROPOSED IN THE PRESENT SUBMISSION, HOWEVER, UNDERTAKES TO AVOID THE LARGE AMOUNT OF CLERICAL WORK THAT WOULD BE ENTAILED IN THE ISSUANCE OF, AND ACCOUNTING FOR, GOVERNMENT BILLS OF LADING TO COVER THE SHIPMENTS HERE INVOLVED. WITH THAT IN VIEW, AND GIVING CONSIDERATION TO THE FACTS (1) THAT THE PROPERTY TO BE SHIPPED IS NOT GOVERNMENT PROPERTY, (2) THAT THE GOVERNMENT EXPLICITLY ASSUMES NO RESPONSIBILITY FOR THEREOF OR DAMAGE THERETO IN TRANSIT, (3) THAT THE WEIGHT OF, AND CHARGES ON, THE SEPARATE OR INDIVIDUAL SHIPMENTS PROBABLY WILL BE RELATIVELY SMALL AND (4) THAT APPARENTLY THERE WILL BE A LARGE NUMBER OF SUCH INDIVIDUAL SHIPMENTS, YOU ARE ADVISED THAT--- HAVING REGARD TO THE NECESSITY FOR THE CONSERVATION, AND THE FULL UTILIZATION OTHERWISE, OF AVAILABLE CLERICAL FACILITIES--- THIS OFFICE WILL NOT REQUIRE THE ISSUANCE AND USE OF GOVERNMENT BILLS OF LADING FOR THE TRANSPORTATION OF THIS PARTICULAR CLASS OF SHIPMENTS DURING THE PRESENT EMERGENCY.

THERE REMAINS FOR CONSIDERATION, HOWEVER, THE PROCEDURE SUGGESTED AND THE SUFFICIENCY OF THE RECORD OR EVIDENCE UPON WHICH IT IS PROPOSED TO BASE THE PAYMENTS FOR THE SERVICE. ASSUMING, BUT NOT DECIDING, THAT THERE IS AUTHORITY OF LAW FOR MAKING THESE SHIPMENTS AT GOVERNMENT EXPENSE--- IT BEING NOTED IN THIS CONNECTION THAT NEITHER YOUR PRESENT SUBMISSION NOR THE CITED REGULATIONS MAKE MENTION OF ANY APPROPRIATION OR OTHER STATUTORY AUTHORITY THEREFOR--- IT WOULD APPEAR THAT THE QUESTION WHETHER THE SERVICE OF TRANSPORTATION SHALL BE PROCURED THROUGH THE PROCEDURE OF HAVING THE PROSPECTIVE SHIPMENTS DELIVERED TO THE CARRIER DIRECTLY BY THE INDIVIDUAL OWNERS, PRESUMABLY UNDER APPROPRIATE ADMINISTRATIVE INSTRUCTIONS OR SUPERVISION, OR WHETHER SUCH SHIPMENTS SHALL FIRST BE DELIVERED BY THE OWNERS TO A TRANSPORTATION OFFICER TO BE BY HIM TURNED OVER TO THE CARRIER FOR TRANSPORTATION WOULD BE A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION; AND WHILE THE LATTER METHOD WOULD SEEM TO AFFORD A GREATER OPPORTUNITY FOR AN ADEQUATE POLICING OF THE TRANSACTIONS, IT MAY WELL BE THAT OTHER CONSIDERATIONS FOR THE WELFARE OF THE SERVICE WOULD MAKE THE PROCEDURE, IN THIS RESPECT, AS PROPOSED IN THE REGULATIONS, PREFERABLE. THEREFORE, THE ADMINISTRATIVE DETERMINATION AS TO THIS FEATURE OF THE PROCEDURE WILL NOT BE QUESTIONED.

RELATIVE TO THE PROVISIONS OF PARAGRAPH (G) OF THE PROPOSED REGULATIONS, IT APPARENTLY IS CONTEMPLATED THAT PERMISSION MAY BE GIVEN THE INDIVIDUAL ENLISTED MEN TO SHIP, WITH THE ARTICLES PURPORTED TO BE AUTHORIZED FOR SHIPMENT AT GOVERNMENT EXPENSE, OTHER ARTICLES THE ADDITIONAL (NOT PRORATA) COST FOR THE TRANSPORTATION OF WHICH IS TO BE BORNE BY THE INDIVIDUAL SHIPPERS AND TO BE COLLECTED FROM THEM BY THE CARRIER. THE REGULATION MAKES NO PROVISION, HOWEVER, AS TO HOW SUCH ADDITIONAL (NOT PRORATA) COST IS TO BE DETERMINED; AND WHILE PROVISION IS MADE THAT MORE THAN ONE PACKAGE MAY BE SHIPPED, THERE IS NO SPECIFIED REQUIREMENT THAT ARTICLES NOT AUTHORIZED TO BE TRANSPORTED AT GOVERNMENT EXPENSE BE PACKED SEPARATELY FROM ARTICLES SO AUTHORIZED AND, IN INSTANCES IN WHICH THE UNAUTHORIZED AND AUTHORIZED ARTICLES MAY BE COMBINED IN ONE PACKAGE, IT IS NOT APPARENT WHAT OPPORTUNITY WOULD BE AFFORDED THE CARRIER FOR DETERMINING THE CHARGES PROPERLY APPLICABLE ON THE UNAUTHORIZED AND AUTHORIZED PORTIONS RESPECTIVELY, OR HOW THE TRANSPORTATION OFFICER, FOLLOWING ANY ATTEMPT AT SUCH APPORTIONMENT BY THE CARRIER, COULD VERIFY THE CORRECTNESS THEREOF. IN VIEW OF THE LACK OF ANY DEFINITE BASIS FOR ARRIVING AT OR VERIFYING THE CHARGES PROPERLY ACCRUING AGAINST THE GOVERNMENT IN SUCH A SITUATION AND IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY FOR SUCH COMMINGLING OF AUTHORIZED AND UNAUTHORIZED PROPERTY THE REGULATION WOULD APPEAR OBJECTIONABLE IN THIS RESPECT. IT IS BELIEVED, THEREFORE, THAT IF DISALLOWANCES OF CREDIT OR RECOUPMENT OF UNAUTHORIZED PAYMENTS IN CONNECTION WITH SUCH SHIPMENTS IS TO BE AVOIDED, PARAGRAPH (G) OF THE PROPOSED REGULATIONS SHOULD BE ELIMINATED OR CLARIFIED.

CONCERNING THE QUESTION OF THE SUFFICIENCY OF THE RECORD UPON WHICH PAYMENT FOR THE SERVICE IS TO BE MADE, IT IS NOTED THAT THE PROPOSED REGULATIONS WOULD REQUIRE MERELY THAT BILLS "PREPARED AND CERTIFIED BY THE EXPRESS COMPANY" BE SUPPORTED BY THE ORIGINAL AND ONE COPY OF THE SO- CALLED PREPAID EXPRESS RECEIPT ISSUED BY THE CARRIER UPON RECEIPT OF THE SHIPMENT FOR TRANSPORTATION BY IT AND THAT THE TRANSPORTATION OFFICER "WILL CERTIFY THAT THE SHIPPER IS ENTITLED TO SHIPMENT AT GOVERNMENT EXPENSE UNDER (AUTHORITY TO BE CITED).' IN OTHER WORDS, IT IS PROPOSED THAT PAYMENT OF BILLS CERTIFIED BY THE CARRIER SHALL BE BASED MERELY UPON THE FACT THAT THERE IS SHOWN TO HAVE BEEN DELIVERED TO THE CARRIER FOR TRANSPORTATION CERTAIN PROPERTY FOR WHICH IT IS ADMINISTRATIVELY CERTIFIED THAT THE OWNER IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE. IT IS ESSENTIAL TO A PROPER AUDIT OF GOVERNMENT EXPENDITURES THAT THE RECORD IN SUPPORT OF SUCH EXPENDITURES AFFIRMATIVELY ESTABLISH THE FACT OF PERFORMANCE BY OR ON BEHALF OF THE CLAIMANT, WHERE SUCH EXPENDITURE IS BASED UPON A CLAIM FOR SERVICE RENDERED. IN THE INSTANT MATTER, IT SEEMS CLEAR THAT, UNDER THE PROPOSED PROCEDURE, NO ADMINISTRATIVE OFFICIAL WOULD BE IN POSSESSION OF FACTS THAT WOULD MAKE POSSIBLE SUCH A CERTIFICATION AS A MATTER OF HIS OWN KNOWLEDGE AND, ACCORDINGLY, IT WOULD APPEAR THAT THE CARRIER'S BILL SHOULD BE SUPPORTED BY SOME EVIDENCE, OTHER THAN THE SO- CALLED PREPAID RECEIPT, ESTABLISHING THAT THE SERVICE FOR WHICH THE CHARGES ARE CLAIMED HAVE IN FACT BEEN PERFORMED. IN THIS CONNECTION IT MAY BE STATED THAT THE RAILWAY EXPRESS AGENCY, INCORPORATED, GENERALLY REQUIRES A RECEIPT FROM THE CONSIGNEE SHOWING DELIVERY OF THE SHIPMENT, SUCH RECEIPT BEING APPARENTLY THE ONLY DEFINITE RECORD OF FINAL PERFORMANCE OF THE SERVICE, AND GENERALLY UNTIL SUCH DELIVERY THE CARRIER WOULD NOT EARN, OR BE ENTITLED TO RETAIN, THE TRANSPORTATION CHARGE. THE CASE OF GOVERNMENT SHIPMENTS IT HAS BEEN FOUND THAT WHERE, BECAUSE OF UNUSUAL CIRCUMSTANCES, THE GOVERNMENT BILL OF LADING, STANDARD FORM NO. 1058, HAS NOT BEEN USED, THE RAILWAY EXPRESS AGENCY, INCORPORATED, HAS USED ITS FORM (1083 3-29)," DELIVERY RECORD OF GOVERNMENT SHIPMENT," SIGNED BY THE CONSIGNEE TO SHOW DELIVERY AT DESTINATION AND IT IS NOT APPARENT WHY, IN CONNECTION WITH SUCH SHIPMENTS AS ARE HERE INVOLVED, THE CARRIER SHOULD NOT BE REQUIRED TO SUPPORT ITS BILLS BY SUCH FORM, OR ONE SIMILAR THERETO, PROPERLY COMPLETED BY THE SIGNATURE OF THE CONSIGNEE, IN EVENT THE CARRIER DOES NOT FIND IT PRACTICABLE TO FURNISH THE FORM OF RECEIPTS IT WOULD RECEIVE FROM THE CONSIGNEES, IF THESE WERE ORDINARY COMMERCIAL SHIPMENTS. IT IS THE VIEW OF THIS OFFICE, THEREFORE, THAT THE PROPOSED REGULATIONS SHOULD BE CHANGED TO REQUIRE THAT THE CARRIER SUPPORT ITS BILL BY THE CONSIGNEE'S RECEIPT FOR DELIVERY OF THE SHIPMENT AT DESTINATION AS EVIDENCE OF PERFORMANCE OF THE SERVICE FOR WHICH IT CLAIMS CHARGES.

AS HEREINBEFORE INDICATED, THE PRESENT SUBMISSION DOES NOT DESIGNATE THE APPROPRIATION OR APPROPRIATIONS INTENDED TO BE USED FOR THE PAYMENT OF CLAIMS ARISING UNDER THE PROPOSED PROCEDURE. HENCE, THE QUESTION AS TO WHICH, IF ANY, APPROPRIATIONS ARE AVAILABLE FOR SUCH PAYMENTS HAS NOT BEEN CONSIDERED HEREIN.