B-90694, DECEMBER 8, 1949, 29 COMP. GEN. 273

B-90694, DECEMBER 8, 1949, 29 COMP. GEN. 273

TRANSPORTATION - HOUSEHOLD EFFECTS - ACCEPTABLE EVIDENCE OF WEIGHT A TRANSFERRED EMPLOYEE WHO FURNISHED A WEIGHT CERTIFICATE COVERING TRANSPORTATION OF HIS HOUSEHOLD EFFECTS MAY BE REIMBURSED FOR HIS EXPENSES INCIDENT TO THE SHIPMENT UNDER EXECUTIVE ORDER NO. 9805, EVEN THOUGH THE CERTIFICATE WAS ISSUED AT A POINT EN ROUTE MORE THAN 10 MILES FROM THE POINT OF ORIGIN, THE PRIMARY PURPOSE OF SECTION 14 OF THE ORDER, AUTHORIZING THE USE OF CONSTRUCTIVE WEIGHT WHERE NO ADEQUATE SCALE IS LOCATED WITHIN SUCH 10-MILE RADIUS, BEING TO REQUIRE THAT ACCEPTABLE EVIDENCE OF WEIGHT BE FURNISHED, AND NOT TO REQUIRE THAT SHIPMENTS BE WEIGHED WITHIN SAID 10 MILES.

COMPTROLLER GENERAL WARREN TO L. T. BARBEAU, DEPARTMENT OF AGRICULTURE, DECEMBER 8, 1949:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 31, 1949, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF DOUGLAS A. BLY, WATONGA, OKLAHOMA, FOR $263.40, AS REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF HIS HOUSEHOLD EFFECTS FROM STIGLER, OKLAHOMA, TO WATONGA, OKLAHOMA, PURSUANT TO ORDERS OF AUGUST 5, 1949, DIRECTING THE TRANSFER OF HIS HEADQUARTERS BETWEEN THOSE POINTS AND AUTHORIZING THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE CARRIER, THE HOLTON TRANSFER AND STORAGE COMPANY, FAILED TO WEIGH THE GOODS AT POINT OF ORIGIN OR AT A POINT WITHIN TEN MILES THEREOF, BUT FURNISHED AN OTHERWISE PROPER WEIGHT CERTIFICATE BY THE PUBLIC SCALES AT OKLAHOMA CITY, OKLAHOMA, ON THE DIRECT ROUTE BETWEEN THE TWO POINTS.

SECTION 14 OF EXECUTIVE ORDER 9805, UPON WHICH YOUR DOUBT IS BASED, PROVIDES AS FOLLOWS:

EVIDENCE OF SHIPMENT. EMPLOYEES SHALL BE REQUIRED TO SUBMIT THE CARRIER'S ORIGINAL BILLS OF LADING, OR A CERTIFIED COPY THEREOF WHEN USING COMMON CARRIER SERVICE. IF NO BILL OF LADING IS REQUIRED, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT SHALL BE REQUIRED. INSTANCES IN WHICH NO ADEQUATE SCALE IS LOCATED AT POINT OF ORIGIN OR AT ANY POINT WITHIN A RADIUS OF TEN MILES THEREOF, A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED.

THE PRIMARY REQUIREMENT OF SECTION 14, SUPRA, IS ACCEPTABLE EVIDENCE OF THE WEIGHT OF THE GOODS. THE PROVISION WITH RESPECT TO THE LACK OF ADEQUATE SCALES WITHIN TEN MILES OF THE POINT OF ORIGIN IS NOT A REQUIREMENT THAT THE GOODS MUST BE WEIGHED AT POINT OF ORIGIN OR WITHIN TEN MILES THEREOF, BUT IS MERELY AN INDICATION OF THE CONDITIONS UNDER WHICH A WEIGHT CERTIFICATE MAY BE EXCUSED AND OTHER EVIDENCE SUBSTITUTED THEREFOR. THAT IS TO SAY, IF NO WEIGHT CERTIFICATE IS FURNISHED, OTHER EVIDENCE OF WEIGHT MAY NOT BE ACCEPTED UNLESS IT BE SHOWN THAT THERE WAS NO ADEQUATE SCALE WITHIN TEN MILES OF THE POINT OF ORIGIN. 28 COMP. GEN. 95. AS A PROPER WEIGHT CERTIFICATE HAS BEEN FURNISHED IN SUPPORT OF MR. BLY'S CLAIM, IT IS IMMATERIAL THAT THE GOODS WERE NOT WEIGHED WITHIN TEN MILES OF THE POINT OF ORIGIN. ACCORDINGLY, IF OTHERWISE PROPER, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.