B-146511, FEB. 7, 1962
Highlights
B. JAMES FREIGHT LINES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12. THE MAXIMUM FREIGHT CHARGES APPLICABLE TO THE SHIPMENT INVOLVED WERE THOSE PUBLISHED IN CALIFORNIA RAILROAD COMMISSION TARIFF NO. 2. THAT THE APPLICABLE RATES PUBLISHED IN CALIFORNIA RAILROAD COMMISSION TARIFF NO. 2 WERE INCORPORATED BY REFERENCE AND MADE AN INTEGRAL PART OF THE CONTRACT OF CARRIAGE AS THE HIGHEST RATES THE GOVERNMENT COULD LEGALLY BE CALLED UPON TO PAY FOR THE SERVICE FURNISHED. OUR VIEWS WITH REGARD TO THE APPLICABILITY OF THE RATES IN CALIFORNIA RAILROAD COMMISSION TARIFF NO. 2 TO SHIPMENTS UNDER BILLS OF LADING SO ANNOTATED ARE SET FORTH IN OUR DECISION B-146633 DATED FEBRUARY 1. THE VIEWS AND ARGUMENTS ADVANCED BY YOU IN THIS CASE WERE CONSIDERED AND DISCUSSED AT LENGTH IN THAT DECISION IN WHICH WE CONCLUDED THAT THE RATES PUBLISHED IN THE CITED TARIFF NO. 2 WERE PROPERLY FOR APPLICATION.
B-146511, FEB. 7, 1962
TO A. B. JAMES FREIGHT LINES:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12, 1961, FILE NO. N -482/48, UC-150, 183515, TK-711691, REQUESTING RECONSIDERATION OF OUR DECISION OF NOVEMBER 22, 1961, B-146511, TO YOU, IN WHICH WE HELD THAT AS A RESULT OF THE NOTATION OF THE FACE OF GOVERNMENT BILL OF LADING N- 30532294, DATED MARCH 22, 1948, THE MAXIMUM FREIGHT CHARGES APPLICABLE TO THE SHIPMENT INVOLVED WERE THOSE PUBLISHED IN CALIFORNIA RAILROAD COMMISSION TARIFF NO. 2.
BILL OF LADING N-30532294 COVERED A SHIPMENT OF MIXED CARGO WEIGHING 9,630 POUNDS FROM THE NAVAL AIR STATION AT NORTH ISLAND, CALIFORNIA, TO THE NAVAL AIR STATION AT ALAMEDA, CALIFORNIA. THE FACE OF THE DOCUMENT BEARS THE FOLLOWING ANNOTATION:
"SUBJECT TO APPLICABLE TARIFF RATES LAWFULLY ON FILE WITH ICC AND/OR CRC HIGHWAY CARRIERS TARIFF NUMBER 2, AS A MAXIMUM.'
BECAUSE OF THIS NOTATION OUR OFFICE HELD IN B-146511, DATED NOVEMBER 22, 1961, THAT THE APPLICABLE RATES PUBLISHED IN CALIFORNIA RAILROAD COMMISSION TARIFF NO. 2 WERE INCORPORATED BY REFERENCE AND MADE AN INTEGRAL PART OF THE CONTRACT OF CARRIAGE AS THE HIGHEST RATES THE GOVERNMENT COULD LEGALLY BE CALLED UPON TO PAY FOR THE SERVICE FURNISHED.
OUR VIEWS WITH REGARD TO THE APPLICABILITY OF THE RATES IN CALIFORNIA RAILROAD COMMISSION TARIFF NO. 2 TO SHIPMENTS UNDER BILLS OF LADING SO ANNOTATED ARE SET FORTH IN OUR DECISION B-146633 DATED FEBRUARY 1, 1962, COPY ATTACHED, TO YOU. THE VIEWS AND ARGUMENTS ADVANCED BY YOU IN THIS CASE WERE CONSIDERED AND DISCUSSED AT LENGTH IN THAT DECISION IN WHICH WE CONCLUDED THAT THE RATES PUBLISHED IN THE CITED TARIFF NO. 2 WERE PROPERLY FOR APPLICATION.
THERE IS NOTHING CONTAINED IN YOUR LETTER OF DECEMBER 12, 1961, THAT WAS NOT THOROUGHLY CONSIDERED AT THE TIME THE DECISION OF FEBRUARY 1, 1962, WAS WRITTEN. ACCORDINGLY, OUR DECISION OF NOVEMBER 22, 1961, REGARDING THIS SHIPMENT MOVING UNDER BILL OF LADING N-30532294 IS SUSTAINED.