A-17583, MARCH 17, 1927, 6 COMP. GEN. 597

A-17583, MARCH 17, 1927, 6 COMP. GEN. 597

TRANSPORTATION - HOUSEHOLD EFFECTS - NAVAL OFFICER WHERE THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF AN OFFICER OF THE NAVY ON PERMANENT CHANGE OF STATION IS MADE BY MOVING VAN, THE UNITED STATES IS LIABLE ONLY FOR THE AMOUNT WHICH IT WOULD BE REQUIRED TO EXPEND FOR SHIPMENT BY COMMON CARRIER, INCLUDING THE COST OF PACKING, CRATING, AND HAULING, AND THE DISBURSING OFFICER MAKING THE PAYMENT IS LIABLE FOR THE EXCESS COST PAID WHERE HE FAILED TO COLLECT FROM THE OFFICER THE AMOUNT OF SUCH EXCESS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 17, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 1, 1927, AS FOLLOWS:

IT IS NOTED FROM AN EXAMINATION OF STATEMENT OF DIFFERENCES M-22207 N DATED 14 OCTOBER, 1926, THAT THE GENERAL ACCOUNTING OFFICE IN THE AUDIT OF THE ACCOUNTS OF COMMANDER F. B. COLBY (SC), U.S.N., FOR THE NAVY YARD, PHILADELPHIA, PA., FOR THE FRACTIONAL SECOND AND THIRD QUARTERS, 1924, DISALLOWED THE SUM OF $56.76 IN CONNECTION WITH PAYMENT FOR TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF THE LATE COMMANDER E. S. STALNAKER, U.S.N. FROM PHILADELPHIA, PA., TO WASHINGTON, D.C. THE BASIS FOR THIS DISALLOWANCE IS STATED TO BE THAT THE WEIGHT OF THE HOUSEHOLD EFFECTS OF COMMANDER STALNAKER SHIPPED BY SUPPLY OFFICER, NAVY YARD, PHILADELPHIA, WAS IN EXCESS OF THE AMOUNT TO WHICH THIS OFFICER WAS ENTITLED TO HAVE SHIPPED AT GOVERNMENT EXPENSE. STATED TO BE THAT THE OFFICER, NAVY YARD, PHILADELPHIA, WAS IN EXCESS OF THE AMOUNT TO WHICH THIS OFFICER WAS ENTITLED TO HAVE SHIPPED AT GOVERNMENT EXPENSE.

COMMANDER STALNAKER WAS ENTITLED TO HAVE 8,400 POUNDS OF HOUSEHOLD EFFECTS SHIPPED AT GOVERNMENT EXPENSE. IT APPEARS THAT ONE SHIPMENT OF 3,152 POUNDS WAS MADE AND THEN THE MILLER NORTH BROAD STORAGE COMPANY LATER TRANSPORTED A SHIPMENT ESTIMATED TO WEIGH 8,000 POUNDS, MAKING AN EXCESS OF 2,752 POUNDS.

THE BUREAU OF SUPPLIES AND ACCOUNTS INVESTIGATED THIS MATTER IN SEPTEMBER, 1923, AND FOUND THAT THE HOUSEHOLD EFFECTS OF COMMANDER STALNAKER WERE NOT ACTUALLY WEIGHED BY THE MILLER NORTH BROAD STORAGE COMPANY, BUT THAT THE WEIGHT WAS ESTIMATED AT 8,000 POUNDS AS EACH OF THE TRUCKS USED IN TRANSPORTATION WAS SUPPOSED TO HOLD 4,000 POUNDS. IT WAS ALSO LEARNED THAT WILLOW WARE COMPRISED PART OF THE LOAD AND WHILE IT TOOK UP SPACE THE WEIGHT WAS VERY LIGHT. THE BID OF THE MILLER NORTH BROAD STORAGE COMPANY WAS THE ONLY ONE RECEIVED AND THAT BID WAS NOT BASED ON THE ACTUAL WEIGHT OF EFFECTS TO BE SHIPPED BUT UPON THE TRUCK LOAD AT THE RATE OF $170.00 EACH. IT WAS CONSIDERED MORE ECONOMICAL TO MAKE THIS SHIPMENT IN THIS MANNER AS IT WOULD OBVIATE THE EXPENSE OF PACKING OR CRATING AND HAULING CHARGES TO AND FROM THE RAILROAD STATION.

IT WILL BE NOTED FROM THE INFORMATION CONTAINED IN LETTER OF THE BUREAU OF SUPPLIES AND ACCOUNTS DATED 19 SEPTEMBER, 1923, COPY ENCLOSED HEREWITH, THAT INSTRUCTIONS WERE ISSUED THAT, IN FUTURE INSTANCES, WHERE HOUSEHOLD EFFECTS ARE TO BE MOVED BY COMMERCIAL TRUCKING COMPANIES, A PROVISION SHOULD BE INCLUDED IN THE PROPOSAL AND IN THE NOTICE OF AWARD THAT THE CONTRACTOR MUST FURNISH THE SUPPLY OFFICER WITH A STATEMENT SHOWING THE NET WEIGHT OF THE EFFECTS TRANSPORTED FOR PURPOSES OF DETERMINING COLLECTION OF EXCESS FROM OWNERS.

IT IS RECOMMENDED THAT THIS CASE BE CONSIDERED ON ITS MERITS AND THAT COMMANDER COLBY BE ALLOWED CREDIT FOR THE AMOUNT OF THIS DISALLOWANCE IN THE SETTLEMENT OF HIS ACCOUNTS.

IT APPEARS THAT ON APRIL 19, 1923, COMMANDER STALNAKER WAS ORDERED DETACHED FROM DUTY AS SUPPLY OFFICER OF THE U.S.S. NEW MEXICO AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED HIM AND DIRECTED TO PROCEED TO WASHINGTON, D.C., AND REPORT TO THE AID FOR NAVY YARDS, NAVY DEPARTMENT, FOR DUTY; THAT HE WAS DETACHED UPON THE SETTLEMENT OF HIS ACCOUNTS JUNE 5, 1923, AND REPORTED AT WASHINGTON, D.C., JUNE 9, 1923; THAT THE REGULATION ALLOWANCE OF HOUSEHOLD EFFECTS OF AN OFFICER OF HIS RANK THAT MAY BE TRANSPORTED AT PUBLIC EXPENSE UPON PERMANENT CHANGE OF STATION IS 8,400 POUNDS (PAR. 1643, MANUAL OF THE SUPPLY CORPS, UNITED STATES NAVY, 1922); AND THAT ONE SHIPMENT OF HOUSEHOLD EFFECTS WEIGHING 3,152 POUNDS WAS MADE FROM LONG BEACH, CALIF., TO WASHINGTON, D.C.

ON JULY 2, 1923, COMMANDER STALNAKER ON S. AND A. FORM 34-A REQUESTED SHIPMENT OF HIS HOUSEHOLD GOODS IN STORAGE AT PHILADELPHIA TO WASHINGTON, D.C., BY MOVING VAN, SHOWING THEREIN THAT IT WAS SHIPMENT NO. 2 UNDER HIS ORDERS OF APRIL 19, 1923. THE SHIPMENT WAS MADE IN TWO MOVING VANS AT A COST OF $170 EACH. EACH MOVING VAN HAD A CAPACITY OF 4,000 POUNDS. THE SHIPMENT WAS NOT WEIGHED, BUT THE CONTRACTOR STATED EACH OF THE VANS WAS PRACTICALLY FULL. THE SUPPLY OFFICER CALCULATED THE AMOUNT DUE FROM COMMANDER STALNAKER ON THE FOLLOWING BASIS:

CHART COST OF MOVING BY VAN ------------------------------------- $340.00 FREIGHT (8,000 POUNDS) AT $0.535 CWT ---------------------- 42.80 PACKING, CRATING, AND HAULING ----------------------------- 237.00

TOTAL ----------------------------------------------- 279.80 AMOUNT OF EXCESS RECEIVED FROM COMMANDER E. S. STALNAKER

(SC), U.S.N. -------------------------------------------- 60.20

THE AMOUNT OF $60.20 WAS DEPOSITED BY COMMANDER STALNAKER. IT IS APPARENT THE SUPPLY OFFICER FAILED TO TAKE INTO ACCOUNT THE PRIOR SHIPMENT OF 3,152 POUNDS FROM LONG BEACH, CALIF. IN SETTLEMENT, DISALLOWANCE OF $56.76 WAS ON THE BASIS OF ALLOWING COMMANDER STALNAKER 5,248 POUNDS AT THE RATE PAID FOR THE MOVING VANS, OVERLOOKING THE LIMIT OF COST TO THE GOVERNMENT TO SHIPMENT BY RAIL; DISALLOWANCE WAS MADE AS FOR 2,752 POUNDS EXCESS SHIPMENT. ON THE BASIS USED IN THE SETTLEMENT MUCH IS MADE OF THE FACT THAT THE ACTUAL WEIGHT OF THE SHIPMENT FROM PHILADELPHIA WAS NOT ASCERTAINED. THE PROPER BASIS FOR SETTLEMENT WAS THE COST TO THE UNITED STATES OF SHIPPING 5,248 POUNDS FROM PHILADELPHIA TO WASHINGTON, D.C., BY COMMON CARRIER. GRANTING THAT THE SHIPMENT DID NOT WEIGH 8,000 POUNDS, GRANTING THAT IT WEIGHED 5,248 POUNDS, COMMANDER STALNAKER WAS ENTITLED TO CREDIT AS FOLLOWS:

CHART 5,248 POUNDS AT ?535 PER CWT ---------------------------- $28.08 PACKING, CRATING, AND HAULING AT $2.96 1/4 PER CWT. (THE

RATE RESULTING ON THE BASIS OF 8,000 POUNDS USED BY

THE SUPPLY OFFICER AT THE NAVY YARD, PHILADELPHIA) ---- 155.47

TOTAL ALLOWANCE AUTHORIZED ----------------------- 183.55 ACTUAL PAYMENT TO CONTRACTOR FOR MOVING VANS ------------- 340.00

------ EXCESS COST ---------------------------------------------- 156.45 LESS AMOUNT DEPOSITED BY COMMANDER STALNAKER ------------- 60.20

BALANCE DUE THE UNITED STATES -------------------- 96.25

THE SETTLEMENT IS MODIFIED AND THERE IS CERTIFIED DUE THE UNITED STATES $96.25 INSTEAD OF $56.76.

YOU STATE THAT SHIPMENT WAS MADE BY MOVING VANS AS IT WAS CONSIDERED MORE ECONOMICAL. THE FACTS CONCLUSIVELY SHOW THAT ADEQUATE CONSIDERATION WAS NOT GIVEN THE MATTER. YOU ASK, ALSO, THAT THE "CASE BE CONSIDERED ON ITS MERITS AND THAT COMMANDER COLBY BE ALLOWED CREDIT FOR THE AMOUNT OF THIS DISALLOWANCE IN THE SETTLEMENT OF HIS ACCOUNTS.' I AM UNABLE TO COMPREHEND WHAT IS MEANT BY THIS SUGGESTION. COMMANDER STALNAKER WAS ENTITLED UNDER THE LAW TO HAVE TRANSPORTED BY THE UNITED STATES HIS AUTHORIZED CHANGE OF STATION BAGGAGE ALLOWANCE. THE BASIS FOR ASCERTAINING THE ALLOWABLE PAYMENT IS BY UTILIZING AVAILABLE COMMON CARRIERS, INCLUDING COST OF PACKING, CRATING, AND HAULING. IF THE OFFICER ON INADEQUATE INFORMATION SELECTED A MORE EXPENSIVE METHOD OF SHIPMENT, THAT WAS HIS MISFORTUNE. IT WAS THE DUTY OF COMMANDER COLBY UNDER THE ACT OF MARCH 23, 1910, 36 STAT. 255, TO COLLECT THE EXCESS COST FROM COMMANDER STALNAKER AND THE EXCESS PAYMENT IS PROPERLY FOR DISALLOWANCE IN HIS ACCOUNTS, IN CONNECTION WITH THE PAYMENT TO THE CONTRACTOR. COMMANDER COLBY WAS AUTHORIZED TO PAY ONLY THE AMOUNT CHARGEABLE TO THE UNITED STATES AND IT WAS HIS DUTY TO COLLECT FROM COMMANDER STALNAKER THE EXCESS COST BEFORE PAYING THE CONTRACTOR'S BILL.