B-6510, NOVEMBER 2, 1939, 19 COMP. GEN. 476

B-6510: Nov 2, 1939

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IS LIMITED UNDER THE APPLICABLE APPROPRIATION AND REGULATIONS. THE PROPER PROCEDURE BEING FOR THE EMPLOYEE TO PAY FOR THE PACKING AND CRATING OF THE EFFECTS AND FOR THEIR SHIPMENT ON COMMERCIAL BILL OF LADING AND THEN SUBMIT A CLAIM FOR THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT TO MOVE THE EFFECTS FROM THE LAST STATION TO THE NEW STATION INCLUDING THE AMOUNT OF CHARGES FOR PACKING AND CRATING AT THE SECOND LAST STATION NOT IN EXCESS OF THE AMOUNT IT WOULD HAVE COST FOR THE SAME SERVICE AT THE LAST STATION. 1939: I HAVE YOUR LETTER OF OCTOBER 10. TAYLOR WAS APPOINTED A SPECIAL AGENT AT WASHINGTON. HE WAS TRANSFERRED AS SPECIAL AGENT TO LOS ANGELES. WHEN HE WAS TRANSFERRED FROM WASHINGTON TO LOS ANGELES HE DID NOT MOVE HIS HOUSEHOLD EFFECTS BUT LEFT THEM IN STORAGE IN WASHINGTON.

B-6510, NOVEMBER 2, 1939, 19 COMP. GEN. 476

TRANSPORTATION - HOUSEHOLD EFFECTS - SHIPMENTS FROM POINTS OTHER THAN LAST STATION - REIMBURSEMENT PROCEDURE THE GOVERNMENT'S OBLIGATION IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD EFFECTS OF AN INTERSTATE COMMERCE COMMISSION EMPLOYEE FROM HIS SECOND LAST STATION TO HIS NEW STATION, IS LIMITED UNDER THE APPLICABLE APPROPRIATION AND REGULATIONS, TO THE COST OF SHIPMENT FROM THE LAST TO THE NEW STATION AND HENCE THE SHIPMENT FROM THE SECOND LAST STATION TO THE NEW STATION AT A GREATER COST SHOULD NOT BE MADE ON A GOVERNMENT BILL OF LADING, THE PROPER PROCEDURE BEING FOR THE EMPLOYEE TO PAY FOR THE PACKING AND CRATING OF THE EFFECTS AND FOR THEIR SHIPMENT ON COMMERCIAL BILL OF LADING AND THEN SUBMIT A CLAIM FOR THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT TO MOVE THE EFFECTS FROM THE LAST STATION TO THE NEW STATION INCLUDING THE AMOUNT OF CHARGES FOR PACKING AND CRATING AT THE SECOND LAST STATION NOT IN EXCESS OF THE AMOUNT IT WOULD HAVE COST FOR THE SAME SERVICE AT THE LAST STATION.

COMPTROLLER GENERAL BROWN TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, NOVEMBER 2, 1939:

I HAVE YOUR LETTER OF OCTOBER 10, 1939, AS FOLLOWS:

UNDER DATE OF AUGUST 25, 1939, THE INTERSTATE COMMERCE COMMISSION ISSUED AN ORDER TRANSFERRING LUTHER J. TAYLOR, SPECIAL AGENT AT LOS ANGELES, CALIFORNIA TO ALBUQUERQUE, NEW MEXICO, AS DISTRICT SUPERVISOR, EFFECTIVE SEPTEMBER 1, AND AUTHORIZED THE EXPENSES NECESSARY IN CONNECTION WITH THE SHIPMENT OF HIS HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY AS PROVIDED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1940, APPROVED MARCH 16, 1939.

MR. TAYLOR WAS APPOINTED A SPECIAL AGENT AT WASHINGTON, D.C., ON JULY 1, 1936, AND ON FEBRUARY 1, 1939, HE WAS TRANSFERRED AS SPECIAL AGENT TO LOS ANGELES, CALIFORNIA. WHEN HE WAS TRANSFERRED FROM WASHINGTON TO LOS ANGELES HE DID NOT MOVE HIS HOUSEHOLD EFFECTS BUT LEFT THEM IN STORAGE IN WASHINGTON. HE NOW DESIRES THAT HIS HOUSEHOLD GOODS BE MOVED FROM WASHINGTON TO ALBUQUERQUE AND THAT HE BE ALLOWED THE AMOUNT THAT IT WOULD COST TO MOVE THE SAME HOUSEHOLD GOODS FROM LOS ANGELES, CALIFORNIA TO ALBUQUERQUE, NEW MEXICO, AS AUTHORIZED BY THE ORDER OF THE COMMISSION DATED AUGUST 25, 1939, TRANSFERRING HIM FROM LOS ANGELES TO ALBUQUERQUE, EFFECTIVE SEPTEMBER 1, 1939.

IT IS THEREFORE REQUESTED THAT YOU ADVISE THE INTERSTATE COMMERCE COMMISSION WHETHER UNDER THE PROVISIONS OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1940, THE HOUSEHOLD EFFECTS OF MR. TAYLOR NOT IN EXCESS OF 5,000 POUNDS MAY BE MOVED FROM WASHINGTON, D.C., TO ALBUQUERQUE, NEW MEXICO, AND MR. TAYLOR ALLOWED THE AMOUNT THAT IT WOULD COST TO MOVE THE SAME HOUSEHOLD EFFECTS FROM LOS ANGELES, CALIFORNIA, TO ALBUQUERQUE, NEW MEXICO. IF SO, THE FOLLOWING INFORMATION IS REQUESTED: SHOULD THE CRATING AND PACKING OF THE FURNITURE BE DONE AT GOVERNMENT EXPENSE AND SHIPPED FROM WASHINGTON ON GOVERNMENT BILL OF LADING, COLLECTING FROM MR. TAYLOR ANY AMOUNT IN EXCESS OF WHAT THE SHIPMENT WOULD HAVE COST IF MOVED FROM LOS ANGELES TO ALBUQUERQUE; OR SHOULD THE CRATING, PACKING, AND SHIPPING BE DONE AT THE EXPENSE OF MR. TAYLOR AND CLAIM SUBMITTED BY HIM FOR THE AMOUNT THAT IT WOULD HAVE COST TO MOVE THE SHIPMENT FROM LOS ANGELES TO ALBUQUERQUE? ALSO, IN FIGURING THE COST OF THE SHIPMENT FROM LOS ANGELES TO ALBUQUERQUE, WOULD IT BE PROPER TO USE THE AMOUNT OF THE CHARGES FOR CRATING AND PACKING AT WASHINGTON PLUS THE FREIGHT CHARGES FROM LOS ANGELES TO ALBUQUERQUE?

THE INDEPENDENT OFFICES APPROPRIATION ACT FOR THE FISCAL YEAR 1940, APPROVED MARCH 16, 1939, 53 STAT. 534, CONTAINS UNDER THE HEADING," INTERSTATE COMMERCE COMMISSION," AN ITEM AS FOLLOWS:

* * * NOT TO EXCEED $5,000 SHALL BE AVAILABLE FOR EXPENSES OF PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD AND OTHER PERSONAL EFFECTS (NOT TO EXCEED 5,000 POUNDS IN ANY ONE CASE) OF OFFICERS AND EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY WHEN SPECIFICALLY AUTHORIZED BY THE COMMISSION.

IT IS UNDERSTOOD THAT THE ONLY REGULATIONS ISSUED UNDER THE QUOTED ANNUAL APPROPRIATION ITEM IS , SECRETARY'S MEMORANDUM NO. 1716," DATED JULY 25, 1939, PARAGRAPH 9 OF WHICH PROVIDES AS FOLLOWS:

IF HOUSEHOLD GOODS OR PERSONAL EFFECTS OF THE EMPLOYEE ARE TO BE SHIPPED FROM A POINT OTHER THAN THE HEADQUARTERS FROM WHICH HE HAS BEEN, OR IS TO BE, TRANSFERRED TO A NEW STATION INVOLVING A HIGHER FREIGHT COST, THE EXCESS ABOVE THE COST OF DIRECT ROUTE FROM THE OLD STATION OF THE EMPLOYEE TO THE NEW STATION SHALL BE BORNE BY THE EMPLOYEE.

IT HAS BEEN HELD IN DECISIONS OF THIS OFFICE, INVOLVING SIMILAR APPROPRIATION ITEMS, THAT THE SHIPMENT OF HOUSEHOLD EFFECTS OF AN EMPLOYEE MAY BE MADE AT GOVERNMENT EXPENSE FROM THE SECOND LAST STATION TO THE NEW STATION OF THE EMPLOYEE, PROVIDED THE COST THEREOF DOES NOT EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT TO TRANSPORT THE EFFECTS FROM THE LAST STATION TO THE NEW STATION. 18 COMP. GEN. 408; 14 ID. 889; 5 ID. 229; DECISION OF SEPTEMBER 3, 1938, A-97368.

THE COST OF SHIPPING THE EFFECTS OF THE EMPLOYEE IN THE INSTANT CASE FROM WASHINGTON, D.C. (THE SECOND LAST STATION), TO ALBUQUERQUE, N.MEX. (THE NEW STATION), WOULD BE IN EXCESS OF WHAT IT WOULD HAVE COST TO THE EFFECTS FROM LOS ANGELES, CALIF. (THE LAST STATION) TO ALBUQUERQUE (THE NEW STATION). HOWEVER, THE EMPLOYEE IS ENTITLED UNDER THE QUOTED REGULATION TO BE CREDITED WITH WHAT IT WOULD HAVE COST TO PACK, CRATE, AND TRANSPORT THE EFFECTS, WITHIN THE LIMITATION FIXED IN THE STATUTE, FROM LOS ANGELES TO ALBUQUERQUE INCIDENT TO HIS LAST PERMANENT CHANGE OF STATION IF AUTHORIZED BY THE COMMISSION.

WHILE PARAGRAPH 6 (A) OF THE REGULATIONS, SUPRA, PROVIDES THAT "ALL SHIPMENTS WHETHER BY RAIL, MOTOR, OR WATER MUST BE MADE ON GOVERNMENT BILLS OF LADING," THAT REGULATION RELATES TO CASES WHERE THERE IS A MOVEMENT OF HOUSEHOLD EFFECTS FROM THE OLD TO THE NEW STATION--- WHICH IS NOT THE SITUATION HERE. IN THE INSTANT CASE, SHIPMENT ON A GOVERNMENT BILL OF LADING FROM WASHINGTON, .C., TO ALBUQUERQUE WOULD REQUIRE THE GOVERNMENT TO PAY THE CARRIER IN EXCESS OF ITS OBLIGATION UNDER THE STATUTE, WHICH OBLIGATION IS LIMITED TO THE COST OF TRANSPORTING THE EFFECTS FROM LOS ANGELES TO ALBUQUERQUE.

IN VIEW OF THE FOREGOING, THE PACKING, CRATING, AND SHIPPING OF THE EFFECTS SHOULD BE AT THE EXPENSE OF THE EMPLOYEE AND THE SHIPMENT SHOULD BE ON A COMMERCIAL BILL OF LADING. THEREAFTER, A CLAIM MAY BE SUBMITTED BY THE EMPLOYEE FOR THE AMOUNT THAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE MOVED THE EFFECTS (NOT EXCEEDING THE AUTHORIZED WEIGHT ALLOWANCE) FROM LOS ANGELES TO ALBUQUERQUE, INCLUDING THE AMOUNT OF CHARGES FOR PACKING AND CRATING AT WASHINGTON, D.C., NOT IN EXCESS OF THE AMOUNT IT WOULD HAVE COST FOR THE SAME SERVICE AT LOS ANGELES.