B-57918, JUNE 28, 1946, 25 COMP. GEN. 915

B-57918, JUNE 28, 1946, 25 COMP. GEN. 915

TRANSPORTATION OF DEPENDENTS - FROM POINTS SELECTED INCIDENT TO ASSIGNMENT TO SEA DUTY NAVY PERSONNEL WHO, UPON ASSIGNMENT TO SEA DUTY, HAVE HAD THEIR DEPENDENTS TRANSPORTED AT GOVERNMENT EXPENSE TO A SELECTED POINT PURSUANT TO THE WARTIME ACT OF NOVEMBER 28, 1943, MAY BE FURNISHED FURTHER TRANSPORTATION OF DEPENDENTS TO A NEW PERMANENT STATION, UNDER CIRCUMSTANCES TO WHICH ARE APPLICABLE THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, NOT TO EXCEED THE COST FROM THE STATION FROM WHICH THEY TRAVELED UNDER THE WARTIME ACT LESS THE COST OF THE INITIAL TRAVEL OF SAID DEPENDENTS UNDER SUCH ACT, PROVIDED THE RESTRICTION IN NAVY REGULATIONS PROMULGATED UNDER THE 1943 ACT AGAINST SUCH FURTHER TRANSPORTATION BE REMOVED. THE PRESENT RESTRICTION IN NAVY REGULATIONS RESPECTING FURTHER TRANSPORTATION OF DEPENDENTS OF NAVY PERSONNEL FROM SELECTED POINTS TO WHICH TRANSPORTED PURSUANT TO THE ACT OF NOVEMBER 28, 1943, UPON ASSIGNMENT TO SEA DUTY, MAY, IN THE LIGHT OF CHANGED CONDITIONS, BE SO REMOVED AS TO PERMIT TRANSPORTATION OF DEPENDENTS PURSUANT TO SAID ACT TO NEW HOME YARDS OR HOME PORTS IN THE UNITED STATES FOR THE VESSELS TO WHICH ASSIGNED, FROM THE SELECTED POINT, OR AT A COST NOT TO EXCEED THAT FROM SUCH SELECTED POINT, FROM A POINT TO WHICH THE DEPENDENTS TRAVELED IN THE INTERIM AT PERSONAL EXPENSE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 28, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 16, 1946 (JAG,*II:WG:MH L20- 4/MM (1) (, ENCLOSING A LETTER FROM THE DEPUTY CHIEF OF NAVAL PERSONNEL AND ASSISTANT CHIEF OF THE BUREAU OF NAVAL PERSONNEL DATED MARCH 12, 1946, WITH RELATED CORRESPONDENCE, AND REQUESTING DECISION ON THE SPECIFIC QUESTIONS PRESENTED IN PARAGRAPH 6 OF SAID ENCLOSED LETTER AS TO WHETHER IT WILL BE PERMISSIBLE, AND NOT IN VIOLATION OF EXISTING LAW, TO CHANGE THE INSTRUCTIONS CONTAINED IN SECNAV LTR PERS-814-LF L20 4, 23 DEC. 1943, ISSUED PURSUANT TO THE ACT OF NOVEMBER 28, 1943, 57 STAT. 593, AND REPRINTED ON PAGE 77, NAVY DEPARTMENT BULLETIN, JAN. 1JUNE 1944 EDITION, SO AS TO PROVIDE THAT, UPON CHANGE OF STATION BETWEEN VESSELS HAVING DIFFERENT HOME YARDS AND/OR HOME PORTS, OR ON CHANGE IN HOME YARD OR HOME PORT OF THE VESSEL TO WHICH ATTACHED, NAVAL PERSONNEL WHO THERETOFORE HAD OBTAINED TRANSPORTATION FOR DEPENDENTS TO POINTS OF THEIR OWN SELECTION UPON ASSIGNMENT TO SEA DUTY MAY OBTAIN FURTHER TRANSPORTATION FOR THEIR DEPENDENTS UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 16, 1942, 56 STAT. 364, 365, 366, INCIDENT TO SUCH SUBSEQUENT CHANGE OF STATION.

PARAGRAPH 5 OF SECTION 12 OF THE ABOVE-CITED ACT PROVIDES, INSOFAR AS HERE MATERIAL, AS FOLLOWS:

WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4 HEREOF, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE * * * NAVY, THE MARINE CORPS, THE COAST GUARD * * * TO HIS NEW STATION FOR SUCH DEPENDENTS: PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION" AS USED IN THIS SECTION SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: PROVIDED FURTHER, THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION, THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED: * * * AND PROVIDED FURTHER, THAT IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

THE ABOVE-QUOTED PROVISIONS OF THE SAID ACT OF JUNE 16, 1942, COVER THE TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL UNDER NORMAL CONDITIONS. FURTHER PROVISIONS FOR THEIR TRANSPORTATION, EFFECTIVE FOR THE DURATION OF THE PRESENT WARS AND FOR SIX MONTHS AFTER THE TERMINATION THEREOF, ARE CONTAINED IN THE ACT OF NOVEMBER 28, 1943, 57 STAT. 593, WHICH PROVIDES IN SECTION 1---

THAT OFFICERS AND ENLISTED MEN OF THE NAVY, MARINE CORPS, AND COAST GUARD, AND THE RESERVE COMPONENTS THEREOF WHEN ON ACTIVE DUTY, OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ON CHANGE OF STATION (A) WHEN ON DUTY AT PLACES DESIGNATED BY THE SECRETARY OF THE NAVY AS WITHIN ZONES FROM WHICH THEIR DEPENDENTS SHOULD BE EVACUATED FOR MILITARY REASONS OR FOR THE PURPOSE OF RELIEVING CONGESTION IN THE VICINITY OF NAVAL ACTIVITIES OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE; (B) OR UPON TRANSFER OR ASSIGNMENT OF SUCH OFFICERS AND ENLISTED MEN TO SEA DUTY, AS SUCH DUTY MAY BE DEFINED BY THE SECRETARY OF THE NAVY; (C) OR UPON TRANSFER OR ASSIGNMENT OF SUCH OFFICERS AND ENLISTED MEN TO DUTY AT PLACES WHERE THEIR DEPENDENTS FOR MILITARY REASONS ARE NOT PERMITTED TO JOIN THEM OR WHERE GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE NOT AVAILABLE, MAY, UPON APPLICATION OF SUCH PERSONNEL OR THEIR DEPENDENTS, BE ALLOWED, SUBJECT TO SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, TRANSPORTATION FOR THEIR DEPENDENTS AND HOUSEHOLD EFFECTS, INCLUDING PACKING, CRATING, AND UNPACKING THEREOF, FROM THEIR STATIONS OR PLACES OF STORAGE IN THE UNITED STATES TO ANY OTHER POINTS IN THE UNITED STATES MAY BE SUBSEQUENTLY ORDERED FOR DUTY, AND AT WHICH THEIR DEPENDENTS ARE NOT RESTRICTED FROM JOINING THEM OR GOVERNMENT QUARTERS FOR THEIR DEPENDENTS ARE AVAILABLE.

THE REGULATIONS HERE IN QUESTION ISSUED DECEMBER 23, 1943, BY THE SECRETARY OF THE NAVY, PURSUANT TO THE ABOVE CITED ACT OF NOVEMBER 28, 1943, ARE AS FOLLOWS:

UPON ASSIGNMENT TO (A) SEA DUTY * * * THE OBTAINING OF TRANSPORTATION OR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UNDER THE AUTHORITY CONTAINED IN PARAGRAPH 3 OF THIS LETTER (THE ACT OF NOVEMBER 28, 1943) IS OPTIONAL ON THE PART OF THE APPLICANT OR CLAIMANT CONCERNED AND IF NOT DESIRED MAY BE OBTAINED UNDER EXISTING INSTRUCTIONS AS OUTLINED IN THE NAVY TRAVEL INSTRUCTIONS, MARINE CORPS MANUAL, OR PAY AND SUPPLY INSTRUCTIONS OF THE COAST GUARD. IT IS IMPERATIVE, THEREFORE, THAT APPLICATIONS OR CLAIMS FOR TRANSPORTATION OF DEPENDENTS CLEARLY INDICATE WHETHER THE TRANSPORTATION OR REIMBURSEMENT IS REQUESTED IN ACCORDANCE WITH PARAGRAPH 3 OF THIS LETTER. TO ACCOMPLISH THIS, A STATEMENT IN THE FOLLOWING FORM MUST BE ENTERED ON THE APPLICATION (S AND A FORM 33) OR ON THE CLAIM ( STANDARD FORM 1012): "THE TRANSPORTATION OR REIMBURSEMENT REQUESTED HEREIN (INSERT "IS" OR "IS NOT" AS ELECTED BY THE APPLICANT OR CLAIMANT) IN ACCORDANCE WITH PARAGRAPH 3 OF THE SECRETARY OF THE NAVY'S LETTER OF 23 DEC. 1943.' WHEN TRANSPORTATION HAS BEEN FURNISHED OR REIMBURSEMENT MADE IN ACCORDANCE WITH PARAGRAPH 3 OF THIS LETTER, NO FURTHER TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT IS AUTHORIZED UNTIL THE OFFICER OR ENLISTED MAN IS ORDERED TO A NEW PERMANENT SHORE STATION IN THE UNITED STATES. * * *

IT IS STATED IN THE LETTER OF MARCH 12, 1946, THAT THE EFFECT OF THE ABOVE-QUOTED REGULATIONS IS TO PROHIBIT FURTHER TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL WHO, UPON ASSIGNMENT TO SEA DUTY, HAVE ELECTED TO RECEIVE TRANSPORTATION, OR REIMBURSEMENT IN LIEU THEREOF, TO A SELECTED PLACE IN THE UNITED STATES, NOTWITHSTANDING A SUBSEQUENT TRANSFER BETWEEN VESSELS OR A CHANGE IN THE HOME YARD OR HOME PORT OF VESSELS TO WHICH THEY ARE ATTACHED, AND THAT SUCH RESTRICTION WAS LOGICAL AND DESIRABLE UNDER CONDITIONS PREVAILING AT THAT TIME WHEN THE ASSIGNMENT OF VESSELS TO HOME YARDS AND HOME PORTS HAD NO RELATION TO THE ACTUAL LOCATION OF THE VESSELS TO WHICH THE PERSONNEL CONCERNED WERE ATTACHED, BUT WITH THE RETURN OF VESSELS TO THE UNITED STATES AND NORMAL OPERATION IN THE WATERS ADJACENT TO THE HOME YARD OR HOME PORT TO WHICH THE VESSELS ARE ASSIGNED, IT IS HIGHLY DESIRABLE THAT TRANSPORTATION OF DEPENDENTS BE AUTHORIZED TO THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE OFFICER OR MAN IS ASSIGNED. FURTHER, IT IS STATED, IN SUBSTANCE, IN THE CONCLUDING PARAGRAPH OF SAID LETTER OF MARCH 12, 1946, THAT THERE ARE NUMEROUS NAVAL RATINGS WHO ARE NOT SUBJECT TO ROTATION BETWEEN SHORE AND SEA DUTY BUT WHO SERVE CONTINUOUSLY AT SEA AND, NO DOUBT, ON THE DATE OF THE EXPIRATION OF THE EFFECTIVE PERIOD OF THE ACT OF NOVEMBER 28, 1943, THERE WILL BE A NUMBER OF DEPENDENTS AT POINTS PREVIOUSLY SELECTED, AS THE PERSONNEL CONCERNED STILL WILL BE ON SEA DUTY ALTHOUGH THEY MAY HAVE MADE CHANGES BETWEEN VESSELS IN THE MEANTIME.

UNDER THE PERMANENT LAW THE RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUES ON THE EFFECTIVE DATE OF ORDERS TO MAKE A PERMANENT CHANGE OF STATION AND DEPENDENTS OF NAVAL PERSONNEL MAY BE FURNISHED TRANSPORTATION TO THE NEW PERMANENT STATION TO THE EXTENT OF THE GOVERNMENT'S OBLIGATION AT ANY TIME PRIOR TO RECEIPT OF NOTICE OF A SUBSEQUENT CHANGE OF STATION. 9 COMP. GEN. 439, 440. IT IS UNDERSTOOD THAT THE RESTRICTION IMPOSED BY THE REGULATIONS OF DECEMBER 23, 1943, UPON PERSONNEL WHO ELECTED TO TRANSPORT THEIR DEPENDENTS TO A SELECTED POINT AT GOVERNMENT EXPENSE, DENYING THEM FURTHER TRANSPORTATION FOR DEPENDENTS UNTIL SUCH TIME AS SUCH PERSONNEL ARE ORDERED TO NEW PERMANENT SHORE STATIONS IN THE UNITED STATES, WAS DESIGNED TO FURTHER THE PURPOSE OF THE ACT OF NOVEMBER 28, 1943, TO RELIEVE CONGESTION AT COASTAL POINTS RESULTING FROM ASSIGNMENTS TO SEA DUTY. SHOULD IT BE DETERMINED THAT THE CONDITIONS WHICH PROMPTED THIS RESTRICTION NO LONGER EXIST, NO REASON IS PERCEIVED WHY SAID REGULATIONS SHOULD NOT BE RELAXED WITHIN THE TERMS OF SAID ACT OF NOVEMBER 28, 1943, TO CONFORM TO CONDITIONS NOW FOUND TO PREVAIL. IT HAS BEEN HELD THAT TRAVEL UNDER THE PERMANENT LAW MAY BE ADMINISTRATIVELY PROHIBITED BY REASON OF MILITARY NECESSITY OR EXPEDIENCY IN CONNECTION WITH ACTUAL MILITARY OR NAVAL OPERATIONS. CULP V. UNITED STATES, 76 C.1CLS. 507. THEREFORE, UNDER THE PROVISIONS OF THE REGULATIONS OF DECEMBER 23, 1943, NO RIGHTS TO TRANSPORTATION FOR DEPENDENTS ACCRUED UNDER THE PERMANENT LAW UPON CHANGE OF STATION INCIDENT TO WHICH SAID DEPENDENTS WERE TRANSPORTED TO A SELECTED POINT, OR UNDER ANY SUBSEQUENT ORDERS OTHER THAN ORDERS TO A NEW PERMANENT SHORE STATION. HOWEVER, WHEN SAID REGULATIONS HAVE BEEN REVISED REMOVING THE RESTRICTION IN QUESTION, TRANSPORTATION THEN MAY BE FURNISHED UNDER THE PROVISIONS OF THE PERMANENT LAW LIMITING COST OF TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE TO WHAT THE COST WOULD HAVE BEEN FROM THE OLD TO THE NEW PERMANENT STATION. THUS, WHERE TRANSPORTATION HAS BEEN FURNISHED DEPENDENTS OF NAVAL PERSONNEL AT GOVERNMENT EXPENSE INCIDENT TO ASSIGNMENT TO SEA DUTY, FURTHER TRANSPORTATION INCIDENT TO CHANGE OF STATION ORDERS MAY BE FURNISHED SUCH DEPENDENTS UNDER THE ACT OF JUNE 16, 1942, FOLLOWING APPROPRIATE REVISION OF THE CONTROLLING REGULATIONS, NOT TO EXCEED THE COST FROM THE STATION FROM WHICH THEY TRAVELED UNDER AUTHORITY OF THE ACT OF NOVEMBER 28, 1943, TO THE NEW PERMANENT STATION, LESS THE COST OF THE INITIAL TRAVEL OF SAID DEPENDENTS UNDER THE WARTIME ACT. SEE 24 COMP. GEN. 911.

HOWEVER, WHILE THE ACT OF NOVEMBER 28, 1943, PROVIDES FOR TRANSPORTATION FOR DEPENDENTS FROM THE SELECTED POINTS TO "NEW STATIONS IN THE UNITED STATES," PARAGRAPH 5 OF SECTION 12 OF THE ACT OF JUNE 16, 1942, WHICH AUTHORIZES TRANSPORTATION FOR DEPENDENTS TO THE NEW STATION UPON ORDERS TO MAKE A PERMANENT CHANGE OF STATION, SPECIFICALLY PROVIDES THAT AS TO PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION" AS USED IN THAT SECTION SHALL BE INTERPRETED TO MEAN NOT ONLY A SHORE STATION BUT ALSO THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED, AND THAT A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION. ON THE BASIS OF THE TERM " PERMANENT STATION" AS SO DEFINED, IT WOULD APPEAR THAT THE TERM "NEW STATIONS IN THE UNITED STATES" AS USED IN THE SAID ACT OF NOVEMBER 28, 1943, REASONABLY MAY BE CONSIDERED AS INCLUDING NOT ONLY SHORE STATIONS, BUT ALSO THE HOME YARDS AND HOME PORTS IN THE UNITED STATES OF VESSELS TO WHICH NAVAL PERSONNEL CLAIMING TRANSPORTATION FOR DEPENDENTS WERE PREVIOUSLY TRANSPORTED AT GOVERNMENT EXPENSE UNDER SAID ACT ARE ASSIGNED. HENCE, WHILE THE WARTIME ACT OF NOVEMBER 28, 1943, CLEARLY DOES NOT CONTEMPLATE THAT DEPENDENTS OF NAVAL PERSONNEL SHALL TRAVEL TO AND FROM SELECTED POINTS REPEATEDLY AT GOVERNMENT EXPENSE, THERE WOULD APPEAR TO BE NO OBJECTION TO SUCH REVISION OF THE REGULATIONS ISSUED PURSUANT THERETO AS WOULD AUTHORIZE TRANSPORTATION OF DEPENDENTS FROM PREVIOUSLY SELECTED POINTS TO THE HOME YARDS AND HOME PORTS IN THE UNITED STATES OF VESSELS TO WHICH THE PERSONNEL CONCERNED ARE ASSIGNED IN CASES WHERE THE CONDITIONS WHICH BROUGHT ABOUT THE TRAVEL OF THE DEPENDENTS TO THE SELECTED POINTS NO LONGER EXIST, AND REASONABLY MAY BE EXPECTED NOT TO REOCCUR DURING THE EFFECTIVE PERIOD OF SAID ACT. UNDER THE REGULATIONS WHEN SO REVISED, TRANSPORTATION OF DEPENDENTS WOULD BE ALLOWABLE FROM THE PREVIOUSLY SELECTED POINTS TO THE HOME YARDS OR HOME PORTS OF SAID VESSELS OR, WHERE TRAVEL HAS BEEN PERFORMED IN THE INTERIM FROM SELECTED POINTS TO OTHER POINTS AT PERSONAL EXPENSE, FROM SUCH POINTS TO SAID HOME YARD OR HOME PORT OF SAID VESSELS NOT TO EXCEED THE COST IN EACH CASE FROM THE SELECTED POINT TO SAID HOME YARD OR HOME PORT.

TWO HYPOTHETICAL CASES ARE SUBMITTED FOR A DETERMINATION OF THE MAXIMUM ALLOWANCE AUTHORIZED AS FOLLOWS:

(A) AN OFFICER IS ORDERED FROM SHORE DUTY WASHINGTON, D.C. TO A VESSEL WITH HOME YARD NEW YORK. THE DEPENDENTS OBTAINED TRANSPORTATION FROM WASHINGTON, D.C. TO ST. PAUL, MINN., POINT OF SELECTION. THE HOME YARD IS SUBSEQUENTLY CHANGED FROM NEW YORK TO MARE ISLAND. WHEN THIS CHANGE WAS MADE THE DEPENDENTS WERE IN NEW YORK. IS TRANSPORTATION AUTHORIZED FROM NEW YORK TO MARE ISLAND OR FROM ST. PAUL TO MARE ISLAND?

(B) AN OFFICER IS ORDERED FROM SHORE DUTY CAMP LEJEUNE, N.C. TO A VESSEL HOME YARD MARE ISLAND. THE DEPENDENTS OBTAINED TRANSPORTATION FROM CAMP LEJEUNE TO CHICAGO, ILLINOIS. THEY LATER TRAVELED AT OWN EXPENSE TO DENVER, COLO. THE OFFICER WAS SUBSEQUENTLY TRANSFERRED TO ANOTHER VESSEL WITH HOME YARD NEW YORK. IS TRANSPORTATION AUTHORIZED NOT TO EXCEED CHICAGO TO NEW YORK OR NOT TO EXCEED MARE ISLAND TO NEW YORK? UPON REVISION OF THE REGULATIONS OF DECEMBER 23, 1943, AS HEREINABOVE OUTLINED, TRANSPORTATION IN CASE (A) WOULD BE AUTHORIZED UNDER CIRCUMSTANCES REQUIRING APPLICATION OF THE PROVISIONS OF THE ACT OF JUNE 16, 1942, FROM WASHINGTON, D.C., TO MARE ISLAND, CALIFORNIA, LESS THE COST OF TRANSPORTATION PREVIOUSLY FURNISHED FROM WASHINGTON, D.C., TO ST. PAUL, MINNESOTA, AND UNDER CIRCUMSTANCES PERMITTING APPLICATION OF THE PROVISIONS OF THE ACT OF NOVEMBER 28, 1943, TRANSPORTATION WOULD BE AUTHORIZED FROM NEW YORK TO MARE ISLAND, NOT TO EXCEED THE COST FROM ST. PAUL TO MARE ISLAND, AND TRANSPORTATION IN CASE (B) WOULD BE AUTHORIZED UNDER CIRCUMSTANCES REQUIRING APPLICATION OF THE PROVISIONS OF THE ACT OF JUNE 16, 1942, FROM CAMP LEJEUNE, NORTH CAROLINA, TO NEW YORK, LESS TRANSPORTATION PREVIOUSLY FURNISHED FROM CAMP LEJEUNE TO CHICAGO, ILLINOIS, AND UNDER CIRCUMSTANCES PERMITTING APPLICATION OF THE ACT OF NOVEMBER 28, 1943, FROM DENVER, COLORADO, TO NEW YORK, NOT TO EXCEED THE COST FROM CHICAGO, ILLINOIS, TO NEW YORK.