B-3365, MAY 15, 1939, 18 COMP. GEN. 858

B-3365, MAY 15, 1939, 18 COMP. GEN. 858

TRANSPORTATION - VESSELS - FOREIGN VERSUS AMERICAN - ECONOMY AND PERSONAL BUSINESS OR CONVENIENCE CONSIDERATIONS - HOME LEAVE OF FOREIGN SERVICE OFFICER NEITHER ECONOMY ALONE, NOR PERSONAL BUSINESS OR CONVENIENCE OF THE TRAVELER, JUSTIFIES AUTHORIZING THE USE OF A FOREIGN VESSEL UNDER SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015, WHEN AMERICAN VESSELS ARE AVAILABLE, EVEN THOUGH THE TRAVEL TO BE PERFORMED IS IN CONNECTION WITH THE STATUTORY HOME LEAVE OF A FOREIGN SERVICE OFFICER.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF STATE, MAY 15, 1939:

I HAVE YOUR LETTER OF APRIL 27, 1939, AS FOLLOWS:

MR. MAXWELL BLAKE, AMERICAN CONSUL GENERAL AT TANGIER, MOROCCO, WAS AUTHORIZED IN THE DEPARTMENT'S INSTRUCTION OF OCTOBER 31, 1938, TO PROCEED TO THE UNITED STATES ON HOME LEAVE AT GOVERNMENT EXPENSE.

FOR VARIOUS REASONS MR. BLAKE IS ANXIOUS TO PROCEED DIRECT TO THE UNITED STATES ON FOREIGN VESSELS. THERE ARE ENCLOSED FOR YOUR INFORMATION COPIES OF PERTINENT CORRESPONDENCE BETWEEN THE DEPARTMENT AND THE CONSUL GENERAL PERTAINING TO THIS MATTER.

THE QUESTION WHETHER MR. BLAKE MAY USE FOREIGN VESSELS IN PROCEEDING TO THE UNITED STATES ON LEAVE OF ABSENCE IS BEING PRESENTED TO YOU FOR A RULING IN ACCORDANCE WITH THE CONSUL GENERAL'S WISHES AS EXPRESSED IN THE PENULTIMATE PARAGRAPH OF HIS DESPATCH OF APRIL 4, 1939.

THE ESTIMATED COST OF PROCEEDING BY THE RESPECTIVE ROUTES, AS WELL AS THE REASONS FOR HIS DESIRE TO USE A FOREIGN VESSEL, ARE SET FORTH IN MR. BLAKE'S LETTER OF JANUARY 17, 1939, AS FOLLOWS:

I HAVE THE HONOR, IN FURTHER REFERENCE TO MY NO. 1401 OF NOVEMBER 18, 1938, TO SUBMIT HEREWITH FOR THE DEPARTMENT'S CONSIDERATION, MY PROPOSALS FOR HOME LEAVE UNDER THE ORDER SET FORTH IN INSTRUCTION NO. 1009 OF OCTOBER 31, 1938.

I WOULD AGAIN EXPRESS TO THE DEPARTMENT MY DEEP APPRECIATION OF THE FACILITIES GRANTED, PARTICULARLY SINCE I AM ANXIOUS THAT MY TWO SONS SHOULD VISIT THE UNITED STATES, WHERE THEY HAVE NOT YET BEEN. THEY ARE AT PRESENT AT A COLLEGE IN ENGLAND WHERE I HAVE PLACED THEM IN PREPARATION FOR THEIR FOLLOWING EDUCATION IN COLLEGE AND UNIVERSITY IN AMERICA, IN ABOUT TWO YEARS TIME FROM NOW.

AS IT IS IMPORTANT THAT THERE SHOULD BE NO INTERRUPTION IN THEIR STUDIES, THEIR VISIT TO THE UNITED STATES WOULD HAVE TO BE MADE TO COINCIDE WITH THEIR LONG SUMMER VACATION. CONSEQUENTLY I DO NOT SEE HOW I COULD CONVENIENTLY TAKE MY PROPOSED HOME LEAVE UNDER ORDERS, UNTIL THE COMMENCEMENT OF AUGUST 1939, WHEN MY BOYS ARRIVE IN TANGIER FROM ENGLAND.

IN THESE CONDITIONS MY LEAVE WOULD FALL ENTIRELY WITHIN THE FISCAL YEAR 1939-1940. I THEREFORE EARNESTLY HOPE THAT THE DEPARTMENT WILL AUTHORIZE SUCH LEAVE TO BE TAKEN DURING THE COMING FISCAL YEAR, AND WILL BE GOOD ENOUGH TO ADVISE ME AS SOON AS POSSIBLE, AFTER THE ALLOTMENT FOR THIS PURPOSE BECOMES AVAILABLE, IN ORDER THAT I MAY MAKE MY PREPARATIONS ACCORDINGLY.

I ALSO BEG TO SUBMIT TO THE DEPARTMENT'S CONSIDERATION THE CIRCUMSTANCES WHICH PROMPT ME TO REQUEST AUTHORIZATION TO UTILIZE A FOREIGN VESSEL FOR TRAVEL TO THE UNITED STATES ON THE LEAVE REFERRED TO.

THERE IS NO DIRECT AMERICAN PASSENGER STEAMER SERVICE BETWEEN MOROCCO AND THE UNITED STATES. THE SHORTEST AND MOST ECONOMIC STEAMER SERVICE IS BY THE ITALIAN STEAMERS BETWEEN GIBRALTAR AND NEW YORK.

THE NEAREST PORT FROM WHICH THERE ARE SAILINGS OF AMERICAN PASSENGER STEAMERS TO NEW YORK IS MARSEILLE.

THE JOURNEY FROM TANGIER TO MARSEILLE WOULD NECESSARILY BE PERFORMED IN FOREIGN SHIPS, SINCE THERE IS NO AMERICAN STEAMER SERVICE BETWEEN THESE PORTS.

THERE IS GREAT ADVANTAGE, BOTH IN COST AND IN TIME SAVING, FROM USE OF THE ITALIAN BOATS FROM GIBRALTAR, AS SHOWN HEREUNDER:

COST OF TRAVEL FOR FOUR PERSONS (MYSELF AND WIFE AND TWO SONS, AGES 13 AND 16, RESPECTIVELY).

TABLE

ITALIAN SERVICE AMERICAN SERVICE

FROM GIBRALTAR FROM MARSEILLE FERRY BOAT TANGIER GIBRALTAR:

ROUND TRIP 1 POUND STERLING 7.0

TIMES 5 POUNDS STERLING 8.0 -------- $25.00 ------------ FRENCH STEAMER TANGIER-MARSEILLE:

ROUND TRIP FRANCE 2,300 TIMES 4 FRCS.

9,200 ------------------------------ ------------- $240.00 ITALIAN STEAMER GIBRALTAR-NEW YORK:

ROUND TRIP $500 TIMES 4 $2,000 LESS

25 PERCENT DIPLOMATIC REBATE

ALLOWED FOR SELF AND FAMILY -------- 1,500.00 ------------- AMERICAN STEAMER MARSEILLE-NEW YORK:

ROUND TRIP $320 TIMES 4 ------------ ------------- 1,280.00 PER DIEM ALLOWANCE:

TANGIER-GIBRALTAR 3 HOURS,

CONNECTION WITH DEPARTMENT ITALIAN

STEAMER SAME DAY. ON VESSEL AND IN

GIBRALTAR, BOTH WAYS, SAY ---------- 20.00 ------------- ON VESSEL TANGIER-MARSEILLE:

TWO DAYS, EACH WAY $2.50 TIMES 4 --- ------------- 40.00

IN MARSEILLE 3 DAYS, OUTWARD AND

3 DAYS ON RETURN, 6 DAYS,

$6 TIMES 4 TIMES 6 ----------------- ------------- 144.00

ON ITALIAN VESSEL 6 DAYS EACH WAY

$2.50 TIMES 4 TIMES 12 ------------- 120.00 ------------

ON AMERICAN VESSEL 12 DAYS EACH WAY

$2.50 TIMES 4 TIMES 24 ------------- ------------- 240.00

1,665.00 1,944.00

THE ABOVE ESTIMATES, WHICH ARE AS APPROXIMATE AS THE CAREFULLY INVESTIGATED DATA CAN MAKE THEM, SHOW THEREFORE THAT TRAVEL AUTHORIZED BY THE ITALIAN STEAMER SERVICE WOULD MEAN A SAVING IN COST TO THE GOVERNMENT OF $279.00.

FROM MY POINT OF VIEW THE SAVING IN TIME WOULD BE OF THE UTMOST IMPORTANCE. MY SONS' COLLEGE VACATION IS FROM THE BEGINNING OF AUGUST TO ABOUT THE THIRD WEEK IN SEPTEMBER, WHICH GIVES THAM ABOUT FIFTY DAYS TO COVER BOTH THE OUTWARD AND THE RETURN JOURNEY AND TO INCLUDE THEIR SOJOURN IN THE UNITED STATES.

IF THE AMERICAN STEAMER SERVICE FROM MARSEILLE IS UTILIZED, TRAVEL ALONE WOULD OCCUPY 34 DAYS (28 ON THE SEA AND 6 AT MARSEILLE) LEAVING THEM ONLY 16 DAYS FOR THEIR SOJOURN IN AMERICA.

ON THE OTHER HAND, BY THE ITALIAN STEAMER ONLY 12 DAYS WOULD BE ACTUALLY TAKEN UP IN TRAVEL, LEAVING THEM 38 DAYS FOR THEIR SOJOURN IN THE UNITED STATES.

I TRUST THAT THE DEPARTMENT WILL AGREE THAT THIS QUESTION OF TIME IS ONE OF GREAT IMPORTANCE TO ME IN THE CIRCUMSTANCES, AND THAT ON ACCOUNT OF THIS CONSIDERATION, APART FROM THE SAVING IN COST TO THE GOVERNMENT, I HOPE IT WILL BE FOUND POSSIBLE FOR THE DEPARTMENT TO AUTHORIZE MY TRAVEL, ON HOME LEAVE UNDER ORDERS, BY THE SHORTEST AND CHEAPER ROUTE, ON A FOREIGN VESSEL.

I SHALL GREATLY APPRECIATE RECEIVING, AT THE DEPARTMENT'S EARLY CONVENIENCE, AN EXPRESSION OF ITS VIEWS IN THIS CONNECTION.

IT HAS BEEN REPEATEDLY HELD BY THIS OFFICE THAT QUESTIONS OF ECONOMY ALONE ARE NOT SUFFICIENT TO AUTHORIZE THE USE OF FOREIGN VESSELS WHEN AMERICAN VESSELS ARE AVAILABLE. A-97108, AUGUST 15, 1938. ALSO, THAT PERSONAL BUSINESS OR CONVENIENCE OF THE TRAVELER DOES NOT CONSTITUTE A NECESSITY OF THE TRAVELER'S MISSION WITHIN THE PURVIEW OF SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015. 11 COMP. GEN. 235; 15 ID. 311. WITH RESPECT TO TRAVEL FOR LEAVE OF ABSENCE IN THE UNITED STATES SEE, ALSO, 17 COMP. GEN. 727. IN THE CIRCUMSTANCES, IT MUST BE HELD THAT AMERICAN VESSELS ARE AVAILABLE FOR THE TRANSPORTATION REQUIRED IN THIS CASE, AND, ACCORDINGLY, CREDIT COULD NOT BE ALLOWED FOR THE EXPENDITURE OF PUBLIC FUNDS FOR THE TRANSPORTATION OF MR. BLAKE AND HIS FAMILY UPON A FOREIGN VESSEL.