B-137104, SEP. 29, 1959

B-137104: Sep 29, 1959

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TO THE ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14. THE FACTS CONCERNING THESE CLAIMS WERE MORE FULLY STATED IN OUR LETTER OF MAY 20. A COPY OF WHICH WAS FURNISHED YOU WITH OUR LETTER OF AUGUST 31. A REFUND IS IN ORDER ON ALL SUCH CARS RECEIVED AT THIS DEPOT.'. YOU WERE ADVISED THAT WE HAD NO DOCUMENT OR LETTER FROM AN ILLINOIS CENTRAL REPRESENTATIVE. YOU WERE ADVISED THAT FURTHER INQUIRIES REGARDING THAT MATTER SHOULD BE DIRECTED TO THE MEMPHIS GENERAL DEPOT. STATE THAT "* * * THE GOVERNMENT IS LIABLE FOR THE PROPER TRANSPORTATION CHARGES BASED ON TARIFF APPLICATION AND I BELIEVE THAT ANY DOCUMENT OR INFORMATION WHICH MAY HAVE BEEN FURNISHED TO THE CHICAGO CORPS ENGINEERS SHOULD BE SUPPORTED BY YOUR OFFICE WITH COPY OF ANY SUCH DOCUMENT.'.

B-137104, SEP. 29, 1959

TO THE ILLINOIS CENTRAL RAILROAD:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14, 1959, FILE A-266 5-R, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF MAY 20, 1959, SUSTAINING THE DISALLOWANCE OF YOUR CLAIMS, SUPPLEMENTAL BILLS NOS. AFR- 20502, 20748 AND 21284, FOR ADDITIONAL CHARGES FOR TRANSPORTATION SERVICES. THE FACTS CONCERNING THESE CLAIMS WERE MORE FULLY STATED IN OUR LETTER OF MAY 20.

WE SUSTAINED THE DISALLOWANCE OF YOUR CLAIMS ON THE STRENGTH OF INFORMATION FURNISHED OUR OFFICE UNDER DATE OF NOVEMBER 26, 1952, BY THE CHICAGO DISTRICT, CORPS OF ENGINEERS, CHICAGO, ILLINOIS, AND IN A LETTER OF SEPTEMBER 22, 1952, FROM THE TRANSPORTATION OFFICER, MEMPHIS GENERAL DEPOT, U.S. ARMY, MEMPHIS, TENNESSEE, TO THE CHIEF, CHICAGO DISTRICT, CORPS OF ENGINEERS, U.S.A., CHICAGO, ILLINOIS, A COPY OF WHICH WAS FURNISHED YOU WITH OUR LETTER OF AUGUST 31, 1959. THIS LETTER READS, IN PERTINENT PART, AS FOLLOWS:

"3. INFORMATION HAS BEEN RECEIVED FROM THE RATE DEPARTMENT OF THE ILLINOIS CENTRAL RAILROAD THAT SINCE THESE UNITS COULD BE LOADED ON A 41 FOOT 6 INCH FLAT CAR WITH SAFETY CLEARANCE, A REFUND IS IN ORDER ON ALL SUCH CARS RECEIVED AT THIS DEPOT.'

BY LETTER OF JULY 14, 1959, FILE A-226-5-R, YOU PROTESTED OUR ACTION, AND REQUESTED A COPY OF ANY DOCUMENT OR LETTER FROM AN ILLINOIS CENTRAL REPRESENTATIVE GIVING THE INFORMATION REFERRED TO BY THE CHICAGO DISTRICT CORPS OF ENGINEERS. IN OUR LETTER OF AUGUST 30, 1959, B-137104, YOU WERE ADVISED THAT WE HAD NO DOCUMENT OR LETTER FROM AN ILLINOIS CENTRAL REPRESENTATIVE. MOREOVER, YOU WERE ADVISED THAT FURTHER INQUIRIES REGARDING THAT MATTER SHOULD BE DIRECTED TO THE MEMPHIS GENERAL DEPOT.

IN YOUR REQUEST FOR RECONSIDERATION, YOU PROTEST OUR RELIANCE UPON THE INFORMATION FURNISHED BY THE CHICAGO CORPS OF ENGINEERS, AND STATE THAT "* * * THE GOVERNMENT IS LIABLE FOR THE PROPER TRANSPORTATION CHARGES BASED ON TARIFF APPLICATION AND I BELIEVE THAT ANY DOCUMENT OR INFORMATION WHICH MAY HAVE BEEN FURNISHED TO THE CHICAGO CORPS ENGINEERS SHOULD BE SUPPORTED BY YOUR OFFICE WITH COPY OF ANY SUCH DOCUMENT.' YOU, THEREFORE, REQUEST RECONSIDERATION OF YOUR BILLS ON THE BASIS OF "DOCUMENTARY EVIDENCE NOW AVAILABLE.'

IN CLAIMS INVOLVING DISPUTED QUESTIONS OF FACT BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, THE RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS, IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY. 16 COMP. GEN. 325, 14 ID. 927, 929. SINCE THE ADMINISTRATIVE OFFICE HAS REPORTED THAT THE SHIPMENTS COULD HAVE BEEN LOADED IN THE SIZE CARS ORDERED AND WERE REPETITIVE SHIPMENTS OF THE SAME ARTICLE BETWEEN THE SAME POINTS, AND NO SUBSTANTIAL EVIDENCE TO THE CONTRARY HAS BEEN RECEIVED, THE DISALLOWANCE OF YOUR CLAIMS WAS PROPERLY SUSTAINED. STATED IN OUR LETTER OF AUGUST 31, 1959, WE HAVE NO DOCUMENT OR LETTER FROM AN ILLINOIS CENTRAL REPRESENTATIVE PERTAINING TO THIS MATTER. SINCE THE ADDITIONAL INFORMATION YOU SEEK IS WITHIN THE KNOWLEDGE OF THE OFFICERS AT THE MEMPHIS GENERAL DEPOT, YOU ARE AGAIN ADVISED THAT SUCH INQUIRIES SHOULD BE DIRECTED TO THAT OFFICE.

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