B-4114, JUNE 24, 1939, 18 COMP. GEN. 973

B-4114: Jun 24, 1939

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SOUTH AMERICAN POINTS - PORT OF NEW ORLEANS VERSUS PORT OF NEW YORK WHERE THE SERVICES OF A FOREIGN SERVICE CLERK ARE URGENTLY NEEDED AT HIS NEW POST OF DUTY IN BRAZIL AND VESSELS OF THE DELTA LINE VIA NEW ORLEANS. - ARE NOT AVAILABLE FOR FIRST-CLASS MINIMUM ACCOMMODATIONS EXCEPT AT A TIME WHICH WOULD DELAY ARRIVAL FOR SEVERAL DAYS OVER THAT OF TRAVEL VIA THE PORT OF NEW YORK. TRAVEL VIA THE LATTER PORT IS AUTHORIZED NOTWITHSTANDING THE ADDITIONAL EXPENSE INVOLVED. 1939: I HAVE YOUR LETTER OF MAY 26. HIS TRANSPORTATION EXPENSES AND PER DIEM WERE AUTHORIZED SUBJECT TO THE TRAVEL REGULATIONS FROM HIS HOME TO RIO DE JANEIRO. DUE TO THE FACT THAT TRAVEL WAS PERFORMED ON AMERICAN VESSELS VIA NEW YORK CITY INSTEAD OF ON VESSELS OF THE DELTA LINE VIA NEW ORLEANS IN CONNECTION WITH THE OFFICER'S TRAVEL FROM RIO DE JANEIRO TO NUEVO LAREDO.

B-4114, JUNE 24, 1939, 18 COMP. GEN. 973

TRAVEL BETWEEN SOUTHERN UNITED STATES, ETC., AND SOUTH AMERICAN POINTS - PORT OF NEW ORLEANS VERSUS PORT OF NEW YORK WHERE THE SERVICES OF A FOREIGN SERVICE CLERK ARE URGENTLY NEEDED AT HIS NEW POST OF DUTY IN BRAZIL AND VESSELS OF THE DELTA LINE VIA NEW ORLEANS-- - THE MOST ECONOMICAL USUALLY TRAVELED ROUTE BETWEEN THE POINTS INVOLVED-- - ARE NOT AVAILABLE FOR FIRST-CLASS MINIMUM ACCOMMODATIONS EXCEPT AT A TIME WHICH WOULD DELAY ARRIVAL FOR SEVERAL DAYS OVER THAT OF TRAVEL VIA THE PORT OF NEW YORK, TRAVEL VIA THE LATTER PORT IS AUTHORIZED NOTWITHSTANDING THE ADDITIONAL EXPENSE INVOLVED, BUT MERE EARLIER ARRIVAL WOULD NOT OF ITSELF EXCUSE A FAILURE TO AWAIT FIRST-CLASS MINIMUM ACCOMMODATIONS VIA NEW ORLEANS. WHETHER THE ROUTE VIA THE PORT OF NEW ORLEANS, OR THE ROUTE VIA NEW YORK, SHOULD BE USED IN CONNECTION WITH OFFICIAL TRAVEL OF FOREIGN SERVICE PERSONNEL BETWEEN SOUTHERN POINTS IN THE UNITED STATES, POSTS IN MEXICO AND CENTRAL AMERICAN COUNTRIES TO POSTS ON THE EAST COAST OF SOUTH AMERICA, OR VICE VERSA, MAY NOT BE DECIDED GENERALLY, THE ROUTE TO BE USED BEING FOR DETERMINATION FROM THE CIRCUMSTANCES AND COMPARATIVE COSTS OF EACH INDIVIDUAL CASE.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF STATE, JUNE 24, 1939:

I HAVE YOUR LETTER OF MAY 26, 1939, AS FOLLOWS:

MR. MAYNARD ANDRUS, A CLERK AT THE EMBASSY, BERLIN, NOW ON LEAVE AT ORLANDO, FLORIDA, HAS BEEN TRANSFERRED TO THE EMBASSY AT RIO DE JANEIRO, AND HIS TRANSPORTATION EXPENSES AND PER DIEM WERE AUTHORIZED SUBJECT TO THE TRAVEL REGULATIONS FROM HIS HOME TO RIO DE JANEIRO.

BEARING IN MIND SUSPENSIONS MADE ON NOTICE OF EXCEPTIONS FROM THE AUDIT DIVISION DATED JULY 16, 1938, AND FEBRUARY 8, 1939, IN THE CASE OF MR. ODIN G. LOREN, DUE TO THE FACT THAT TRAVEL WAS PERFORMED ON AMERICAN VESSELS VIA NEW YORK CITY INSTEAD OF ON VESSELS OF THE DELTA LINE VIA NEW ORLEANS IN CONNECTION WITH THE OFFICER'S TRAVEL FROM RIO DE JANEIRO TO NUEVO LAREDO, THE UNITED STATES DESPATCH AGENT AT NEW ORLEANS WAS REQUESTED IN A LETTER DATED MAY 10, 1939, TO ARRANGE TRANSPORTATION FOR MR. ANDRUS ON A VESSEL OF THE DELTA LINE, SAILING FROM NEW ORLEANS TO RIO DE JANEIRO ON JULY 1, 1939, THE FIRST SAILING AFTER THE EXPIRATION OF HIS LEAVE. THE DESPATCH AGENT AT NEW ORLEANS HAS ADVISED THE DEPARTMENT, IN HIS LETTER OF MAY 22, 1939, OF THE FOLLOWING FACTS:

"THE MINIMUM RATE FROM NEW ORLEANS TO RIO IS $175.00, BUT IT IS IMPOSSIBLE TO OBTAIN SUCH ACCOMMODATIONS UNTIL AUGUST, THE BOOKING SITUATION HERE BEING AS FOLLOWS:

"JUNE 10, 1939. NO FIRST-CLASS MINIMUM ACCOMMODATIONS AVAILABLE. ACCOMMODATIONS AT $190.00 CAN BE SECURED.

"JULY 1, 1939. NO FIRST-CLASS MINIMUM ACCOMMODATIONS OPEN. CAN SECURE ACCOMMODATIONS AT $190.00 AND $200.00.

"JULY 22, 1939. BOOKING COMPLETE. NO RESERVATIONS POSSIBLE.

"AUGUST 12, 1939. MINIMUM AND OTHER RESERVATIONS CAN BE MADE.'

MR. ANDRUS' SERVICES WILL BE NEEDED AT RIO DE JANEIRO AS SOON AS POSSIBLE AFTER THE EXPIRATION OF HIS LEAVE, AND SINCE WE ARE PROHIBITED BY LAW FROM PURCHASING ACCOMMODATIONS IN EXCESS OF MINIMUM FIRST-CLASS FARE, I WOULD APPRECIATE A RULING FROM YOUR OFFICE PERMITTING HIM TO PROCEED TO NEW YORK BY RAIL, TO SAIL ON JULY 14 ON THE STEAMER URUGUAYOF THE AMERICAN REPUBLIC LINE TO RIO DE JANEIRO.

FOR THE FUTURE GUIDANCE OF THE DEPARTMENT, I WOULD APPRECIATE BEING ADVISED IF IN THE EVENT MR. ANDRUS' SERVICES WERE NOT URGENTLY NEEDED AT RIO DE JANEIRO BUT ALL OTHER CONDITIONS WERE THE SAME AS OUTLINED ABOVE, WOULD YOUR OFFICE BE REQUIRED TO HOLD THAT HE SHOULD REMAIN IN THE UNITED STATES ON A LEAVE STATUS FOR THE ADDITIONAL 42 DAYS JUST IN ORDER TO PROCEED BY THE DELTA LINE WHICH TAKES 19 DAYS TO MAKE THE JOURNEY FROM NEW ORLEANS TO RIO DE JANEIRO, OR WOULD YOUR OFFICE PERMIT HIM TO TRAVEL VIA NEW YORK USING AMERICAN VESSELS FROM THAT PORT TO RIO DE JANEIRO ON THE FIRST AVAILABLE VESSEL AFTER THE EXPIRATION OF HIS LEAVE?

I WILL ALSO APPRECIATE A RULING FROM YOU WHETHER TRAVEL FROM SOUTHERN POINTS IN THE UNITED STATES, POSTS IN MEXICO, AND CENTRAL AMERICAN COUNTRIES TO POSTS ON THE EAST COAST OF SOUTH AMERICA, OR VICE VERSA, MUST BE PERFORMED ON VESSELS OF THE DELTA LINE. IN THE EVENT YOUR RULING IS IN THE AFFIRMATIVE WITH RESPECT TO TRAVEL FROM AND TO POINTS WITHIN THE UNITED STATES, WILL YOU PLEASE INDICATE THE STATES FROM AND TO WHICH TRAVEL SHOULD BE PERFORMED VIA NEW ORLEANS?

IT IS A WELL-KNOWN FACT THAT THE AMERICAN VESSELS PLYING BETWEEN NEW YORK CITY AND THE EAST COAST OF SOUTH AMERICA ARE MUCH FASTER AND FARMORE DESIRABLE THAN VESSELS OF THE DELTA LINE.

YOUR EARLY DECISION WILL BE APPRECIATED.

IT APPEARS FROM THE TARIFFS AND SCHEDULES ON FILE IN THIS OFFICE THAT THE COST OF PROCEEDING FROM ORLANDO, FLA., TO RIO DE JANEIRO BY WAY OF NEW ORLEANS (HAD MINIMUM FIRST-CLASS ACCOMMODATIONS BEEN AVAILABLE JULY 1, 1939), INCLUDING NECESSARY RAIL AND PULLMAN FARES AND PER DIEM IN LIEU OF SUBSISTENCE WHILE EN ROUTE, WOULD HAVE AMOUNTED TO $259.05, WHILE THE COST BY WAY OF NEW YORK CITY SAILING JULY 14, 1939, ON THE VESSEL OF THE AMERICAN REPUBLIC LINE WOULD AMOUNT TO $327.56, A DIFFERENCE OF $68.51. HOWEVER, IT APPEARS THAT MINIMUM FIRST-CLASS ACCOMMODATIONS BY WAY OF NEW ORLEANS WILL NOT BE AVAILABLE UNTIL AUGUST 12, WHICH WOULD ENTAIL A DELAY OF 42 DAYS AFTER THE EXPIRATION OF THE CLERK'S LEAVE DURING WHICH TIME HE WOULD BE ENTITLED TO HIS REGULAR COMPENSATION AS WAITING TIME HE WOULD BE ENTITLED TO HIS REGULAR COMPENSATION AS WAITING TIME AND WOULD DELAY ARRIVAL AT HIS NEW POST OF DUTY 6 DAYS BEYOND THE DATE OF ARRIVAL SHOULD HE TRAVEL BY WAY OF NEW YORK CITY. IN THE CIRCUMSTANCES AND IN VIEW OF THE URGENT NEED OF MR. ANDRUS' SERVICES AT RIO DE JANEIRO, TRAVEL BY WAY OF NEW YORK CITY ON THE VESSEL SAILING FROM THAT PORT ON JULY 14, 1939, IS AUTHORIZED.

IT MAY BE STATED, HOWEVER, THAT AS THE OFFICER'S EARLY ARRIVAL AT DESTINATION WOULD NOT PER SE RESULT IN ANY ACTUAL SAVING IN THE AMOUNT OF COMPENSATION TO BE PAID HIM, IF HIS SERVICES WERE NOT URGENTLY NEEDED THE DIFFERENCE IN COST OF TRAVEL BY THE RESPECTIVE ROUTES WOULD MAKE IT INCUMBENT TO AWAIT AVAILABLE FIRST-CLASS ACCOMMODATIONS VIA NEW ORLEANS. COMPARE DECISION A-37351 DATED JULY 7, 1931, TO YOU.

AS THE ANSWER TO THE QUESTION WHETHER THE NEW ORLEANS OR THE NEW YORK ROUTE SHOULD BE USED IS DEPENDENT UPON THE CIRCUMSTANCES AND COMPARATIVE COSTS IN EACH INDIVIDUAL CASE, THIS OFFICE MAY NOT UNDERTAKE TO STATE GENERALLY TO AND FROM WHAT NAMED PLACES THE TRAVELER SHOULD MAKE USE OF THE NEW ORLEANS RATHER THAN THE NEW YORK ROUTE.

THE DISALLOWANCE OF CREDIT FOR EXCESS TRANSPORTATION COSTS IN THE CASE OF MR. ODIN G. LOREN, REFERRED TO IN YOUR LETTER, IS BEING SUSTAINED BY DECISION, B-284, OF THIS DATE TO YOU.