B-6017, SEPTEMBER 16, 1939, 19 COMP. GEN. 379

B-6017, SEPTEMBER 16, 1939, 19 COMP. GEN. 379

TRANSPORTATION - VESSELS - FOREIGN - DETERMINATION AS TO AVAILABILITY OF AMERICAN VESSELS IN ALL CASES IN WHICH, DUE TO EXISTING WAR CONDITION IN EUROPE, TRANSPORTATION ON AMERICAN VESSELS CANNOT BE OBTAINED FOR THE MOVEMENT OF OFFICERS AND EMPLOYEES UNDER THE STATE DEPARTMENT, THEIR FAMILIES AND EFFECTS, AT THE TIME IT IS ADMINISTRATIVELY DETERMINED SUCH MOVEMENTS SHOULD BE MADE, IT WILL BE REGARDED THAT AMERICAN VESSELS ARE NOT AVAILABLE IN APPLYING SECTION 901 OF THE MERCHANT MARINE ACT, 1936, 49 STAT. 2015, AND IN SUCH CASES THE NECESSARY TRANSPORTATION MAY BE OBTAINED BY THE MOST PRACTICABLE ROUTE, IRRESPECTIVE OF THE REGISTRY OF THE VESSEL USED, BUT VOUCHERS COVERING PAYMENT FOR SUCH TRANSPORTATION SHOULD ACCOMPANIED BY AN ADMINISTRATIVE STATEMENT OF THE ESSENTIAL FACTS INVOLVED IN EACH CASE.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF STATE, SEPTEMBER 16, 1939:

I HAVE YOUR LETTER OF SEPTEMBER 8, 1939, AS FOLLOWS:

MR. WALTER J. LINTHICUM, AMERICAN VICE CONSUL, HAS RECENTLY BEEN TRANSFERRED FROM KAUNAS, LITHUANIA TO PERNAMBUCO AND THE TRANSPORTATION EXPENSES OF HIMSELF, FAMILY, AND EFFECTS WERE AUTHORIZED SUBJECT TO THE PROVISIONS OF THE TRAVEL REGULATIONS. THE FOLLOWING INFORMATION WAS RECEIVED ON SEPTEMBER 6 IN AN UNDATED TELEGRAM FROM THE AMERICAN MINISTER AT KAUNAS:

"REFERRING TO DEPARTMENT'S TELEGRAM NO. 19 OF AUGUST 22, BECAUSE IT IS NOT CONSISTENTLY POSSIBLE TO REACH AMERICAN STEAMER APPROVAL OF COMPTROLLER GENERAL REQUESTED FOR LINTHICUM AND WIFE TO TRAVEL BY THE SWEDISH-AMERICAN LINE TO NEW YORK. IF APPROVAL IS GRANTED AND UNLESS OTHERWISE INSTRUCTED, LINTHICUM WILL LEAVE ON KUNGSHOLM FROM GOTEBORG SEPTEMBER 30.'

IT WILL BE APPRECIATED IF YOU WILL ISSUE A DECISION AS SOON AS POSSIBLE APPROVING TRAVEL FOR MR. LINTHICUM AND FAMILY VIA THE MOST PRACTICABLE ROUTE. IN CONNECTION WITH THIS MATTER REFERENCE IS MADE TO YOUR DECISION B-5376 OF SEPTEMBER 7, 1939, CONCERNING THE TRANSPORTATION OF MR. FRED W. JANDREY AND HIS FAMILY FROM NAPLES TO AUSTRALIA.

TRAVEL ORDERS HAVE BEEN ISSUED TO A GREAT MANY OFFICERS AND EMPLOYEES DURING THE PAST FEW MONTHS TRANSFERRING THEM TO OR FROM POSTS WITHIN THE EUROPEAN WAR AREA, AND UNDOUBTEDLY NUMEROUS INQUIRIES ALONG THE LINE OF THE TWO CASES CITED ABOVE WILL BE RECEIVED FROM SUCH TRAVELERS. IN VIEW OF EXISTING CONDITIONS IN EUROPE AND THE UNCERTAINTY OF TRAVEL FACILITIES TO OR FROM THAT CONTINENT, I SHALL GREATLY APPRECIATE IT IF YOU WILL GIVE ME AUTHORITY TO AUTHORIZE TRAVEL BY THE FIRST AVAILABLE VESSEL, AND BY THE MOST PRACTICABLE ROUTE, IRRESPECTIVE OF WHETHER IT BE AN AMERICAN OR FOREIGN VESSEL.

YOU CAN BE ASSURED THAT THIS AUTHORITY, IF GRANTED, WILL BE ADMINISTERED ZEALOUSLY AND USED ONLY WHEN SUCH AUTHORIZATION WOULD BE IN THE BEST INTEREST OF THE GOVERNMENT AND FOR THE SAFETY OF OUR OFFICERS, EMPLOYEES, AND MEMBERS OF THEIR FAMILIES.

IN ALL CASES IN WHICH, DUE TO THE EXISTING WAR CONDITION IN EUROPE, TRANSPORTATION ON AMERICAN VESSELS CANNOT BE OBTAINED FOR THE MOVEMENT OF OFFICERS AND EMPLOYEES UNDER YOUR DEPARTMENT, THEIR FAMILIES AND EFFECTS, AT THE TIME IT IS ADMINISTRATIVELY DETERMINED SUCH MOVEMENTS SHOULD BE MADE, IT WILL BE REGARDED, IN APPLYING THE PROVISIONS OF SECTION 901 OF THE MERCHANT MARINE ACT, 1936, 49 STAT. 2015, THAT AMERICAN VESSELS ARE NOT AVAILABLE. IN SUCH CASES THE NECESSARY TRANSPORTATION MAY BE OBTAINED BY THE MOST PRACTICABLE ROUTE, IRRESPECTIVE OF THE REGISTRY OF THE VESSEL OR VESSELS USED. VOUCHERS COVERING PAYMENT FOR SUCH TRANSPORTATION SHOULD, OF COURSE, BE ACCOMPANIED BY AN ADMINISTRATIVE STATEMENT OF THE ESSENTIAL FACTS INVOLVED IN EACH CASE.