No. 4. ADJUTANT GENERAL'S OFFICE, Washington, February 2, 1901. By direction of the Secretary of War, the following letter of the Comptroller of the Treasury is published for the information and guidance of all concerned: TREASURY DEPARTMENT, Office of COMPTROLLER OF THE TREASURY, Washington, January 12, 1901. The Pennsylvania Railroad Company appeals, September 19, 1900, from the action of the Auditor for the War Department in settlement No. 11908, dated June 13, 1900. The company claimed for passenger transportation furnished the Quartermaster's Department, U. S. Army, between various points, from August to November, 1898, the sum of $858.30. The Auditor allowed the claimant $853.29, and a credit of $3.75 to the Memphis, Clarksville and Louisville Railway for service over the indebted line between Guthrie, Ky., and Paris, Tenn., and disallowed $1.26 as excess over the rate of 1% cents a mile for one soldier transported between New York and Fort Plain, N. Y. The claimant contends that the $1.26 disallowed by the Auditor should be allowed because the rate applicable from New York to Fort Plain, N. Y., was the regular tariff rate and that the New York Central and Hudson River Railroad Company, which rendered this portion of the service, was not amenable to the 1%-cent per mile basis promulgated in Joint Traffic Association General Circular, No. 26, dated June 3, 1898. As the contention of the claimant appears to be well taken, this amount disallowed by the Auditor will be allowed. It is discovered in the examination of this account that the rates noted on twenty-four requests had been erased and other rates substituted. One of these cases will serve to illustrate the principle involved in all. Request 59708, issued at Philadelphia, Pa., September 9, 1898, requests the Pennsylvania Railroad Company to transport from Philadelphia, Pa., to Columbus, Ohio, a soldier therein named and designated as a "sick soldier proceeding home on furlough." A special rate of "$7.00" noted on the said request when accepted by the claimant has been erased and **$8.21 "substituted therefor. The receipt shows transportation furnished in accordance with the request. Lieut. Col. C. A. H. McCauley, the quartermaster who issued these requests, states that the erasures were made in his office after the service was performed, and in explanation of his action makes the following statement, under date of October 25, 1900: When it became known that numbers of soldiers would be sent to their homes on sick furloughs, railroads in the east, out of sympathy with the soldiers, generally made half rates for such transportation. This, however, was under the sole belief that the soldiers would have to bear the cost out of their own pay. When the carriers learned that transportation under General Orders, No. 114, Adjutant General's Office, of 1898, was furnished at Government expense, they all receded as far as the information of this office extends from the half rates granted. * In view of the decision of the Secretary of War, dated September 13, 1898, allowing payment by the Government of full rates in cases where reduced rates had been granted by the railroad companies out of consideration for the men, it seemed proper to allow the rate claimed by the railroad company, notwithstanding that a lower rate had been noted on the requests, at the time of issue, and it was also thought proper to alter the rate to correspond with that claimed by the carrier. *** In a decision of this office, dated January 31, 1900 (6 Comp. Dec., 644), it was held, quoting the syllabus: In the absence of any evidence to the contrary, the transportation request issued by the Government for specified transportation, with notations thereon, is to be taken as the agreement between the parties. The transportation in the case under consideration was furnished to sick soldiers on furlough, the expense of which, when transportation requests therefor are issued by the Government, is primarily borne by the Government and reimbursement therefor collected from the soldier transported. I know of no law authorizing the Government to furnish free transportation to soldiers on furlough. But when transportation requests are issued by the Government the transportation furnished in accordance therewith is to be paid for by the Government, which must itself institute the collection of such cost from the soldier. The right of the railroad company is not dependent upon the reimbursement to the Government. The railroad company must be paid for the transportation furnished in accordance with its contract. The collection from the soldier of such cost may be made by the Government in its own time and way. It is shown in the present case that transportation was furnished sick soldiers on furlough at certain rates noted on the transportation requests when accepted by the transportation company, under the belief that the cost thereof was chargeable to the soldiers, though the transportation company looked to the Government for the payment thereof. This was the contract for the transportation furnished and the condition under which it was furnished. Whether the cost has been collected or when or how it may be collected from the soldiers does not affect the contract under which the service was rendered and the obligation of the Government to pay therefor in accordance with such contract. If the right of the railroad company was dependent upon the collection from the soldier, no payment could be made to such company until such collection shall have been made. The allowance to the railroad company for the transportation services in question will therefore be made in accordance with the rates noted on the transportation requests when accepted by the railroad company, and the excess allowed by the Auditor will be disallowed. A certificate of differences will be made accordingly. This decision will not be understood as holding that a mere clerical error can not be corrected after the service has been rendered. R. J. TRACEWELL, Comptroller. BY COMMAND OF LIEUTENANT GENERAL MILES: H. C. CORBIN, Adjutant General. CIRCULAR, No. 5. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, Washington February 4, 1901. By direction of the Secretary of War, the following is published to the Army for the information and guidance of all concerned: As it is desirable to call in the U. S. magazine rifles, cal. 30, model 1892, now in service, and replace them by the later models 1896 or 1898, requisitions should be submitted to the Chief of Ordnance for model 1896 or 1898 rifles in all cases where the old model 1892 (not converted to model 1896) is still in the hands of the troops, as a preliminary step to such replacement. To guard against mistakes the model of rifles to be turned in may be recognized by the stamp marks on the receiver, which are either "Model 1892,"" 1894," or "1895," and by having the long ramrod and solid butt plate. BY COMMAND OF LIEUTENANT GENERAL MILES: H. C. CORBIN, |