B-141347, AUG. 17, 1960

B-141347, AUG. 17, 1960

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1960, FILE NO. N-40944-G A, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 28, 1958, AND LETTER OF MARCH 23, 1960, WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. N-40944-A-G-R- 1703, FOR $795.80 ADDITIONAL TRANSPORTATION CHARGES ON SHIPMENTS MOVING UNDER GOVERNMENT BILLS OF LADING FROM SWAINSBORO, GEORGIA, TO ARLES, GEORGIA, IN 1945.

THE SOLE QUESTION INVOLVED IS WHETHER THE MATERIAL SHIPPED WAS, FOR FREIGHT TRANSPORTATION RATE PURPOSES,"BAGGING OR CLOTH, BURLAP, JUTE DECORATED, DYED, PRINTED OR SURFACE COATED, FLAME OFED," AS NAMED IN ITEM 12580 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16, WHICH CARRIED A CLASS 4 RATE OF 65 CENTS PER 100 POUNDS AS PUBLISHED IN SOUTHERN FREIGHT ASSOCIATION TARIFF NO. 712-C, OR "WEBBING, BURLAP OR JUTE," AS DESCRIBED IN ITEM 12845 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16, WHICH CARRIED A CLASS 5 RATE OF 53 CENTS PER 100 POUNDS AS PUBLISHED IN SOUTHERN FREIGHT ASSOCIATION TARIFF NO. 712-C.

YOU CONTEND THAT THE MATERIAL MOVED WAS "CLOTH BURLAP, JUTE DECORATED, DYED, PRINTED OR SURFACE COATED, FLAME PROOFED" AS DESCRIBED ON THE BILLS OF LADING INVOLVED. HOWEVER, TRANSPORTATION CORPS FORMS 790, "SUPPLEMENTAL WAR DEPARTMENT BILL OF LADING INFORMATION" DATED SEPTEMBER 13, 1946, ISSUED BY HEADQUARTERS, SEVENTH ARMY, ATLANTA 3, GEORGIA, AND SIGNED BY W. E. SEDGWICK, MAJOR, TRANSPORTATION CORPS, ASSISTANT TRANSPORTATION OFFICER, SHOW THAT THE "TRUE DESCRIPTION OF THE PROPERTY" WAS "WEBBING BURLAP OR JUTE" AND STATES THAT IT WAS COVERED BY ITEM NO. 12845 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16, AND OUR AUDIT ACTION WAS BASED ON THE INFORMATION CONTAINED IN SUCH DOCUMENT CORRECTING THE ORIGINAL BILL OF LADING DESCRIPTION.

THE SUBSTANCE OF YOUR REQUEST FOR REVIEW IS THAT THE CORRECTION OF THE DESCRIPTION OF THE COMMODITY SHIPPED BY THE WAR DEPARTMENT, NOW DEPARTMENT OF THE ARMY, BY THE ABOVE-MENTIONED TC FORMS 790 IS NOT SUFFICIENT PROOF THAT THE DESCRIPTION ORIGINALLY SHOWN ON THE BILLS OF LADING WAS ERRONEOUS.

THE ONLY QUESTION INVOLVED, THEREFORE, IS ONE OF FACT AS TO THE ACTUAL CONSIST OF THE MATERIAL SHIPPED. IT HAS BEEN CONSISTENTLY HELD, AS TO SHIPMENTS IN INTERSTATE COMMERCE, THAT A COMMODITY DESCRIPTION IN THE BILL OF LADING IS NOT CONTROLLING FOR TRANSPORTATION PURPOSES; THE IMPORTANT FACT IS WHAT MOVED, NOT WHAT WAS BILLED. HARRIS BROS. CO. V. DIRECTOR GENERAL, 60 I.C.C. 428; PENN FACING MILLS CO. V. ANN ARBOR RAILROAD CO., 182 I.C.C. 614; UNITED WELDING CO. V. BALTIMORE AND OHIO RAILROAD CO., 196 I.C.C. 79. SUCH RULE APPEARS EQUALLY FOR APPLICATION TO INTRASTATE SHIPMENTS IN GEORGIA, THE STATUTES OF WHICH CONTAIN PROVISIONS FORBIDDING DISCRIMINATION AGAINST SHIPPERS. SEE SECTIONS 93-309, 93-407 AND 93-411, CODE OF GEORGIA, ANNOTATED, 1958 ED.

THE CORRECTION OF THE COMMODITY DESCRIPTION AS SHOWN ON THE BILLS OF LADING BY THE ABOVE-MENTIONED TC FORMS 790 REPRESENT OFFICIAL RECORDS OF THE DEPARTMENT OF THE ARMY DULY EXECUTED BY A COMMISSIONED OFFICER OF THE ARMY OF THE UNITED STATES IN THE PERFORMANCE OF HIS OFFICIAL DUTIES AND WERE SUBMITTED HERE BY THE ADMINISTRATIVE OFFICE FOR USE IN CONNECTION WITH OUR AUDIT OF THE SHIPMENTS INVOLVED. NO EVIDENCE HAS BEEN SUBMITTED TO INDICATE SUCH CORRECTIONS OF THE BILLS OF LADING DESCRIPTION WERE IMPROPER. MOREOVER, WE HAVE CONSISTENTLY HELD THAT WHERE THERE IS A DISPUTE BETWEEN THE ADMINISTRATIVE OFFICE AND THE CARRIER INVOLVING A QUESTION OF FACT, IT IS THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO ACCEPT THE REPORTS OF THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 5 COMP. DEC. 273; 18 COMP. DEC. 649; 3 COMP. GEN. 51; 11 COMP. GEN. 473; 16 COMP. GEN. 1105.

THE SECRETARY OF DEFENSE DESIGNATED THE SECRETARY OF THE ARMY AS SINGLE MANAGER FOR TRAFFIC MANAGEMENT WITHIN THE UNITED STATES BY DEPARTMENT OF DEFENSE DIRECTIVE NO. 5160.14, DATED MAY 1, 1956 (SEE AR 55-350, OPNAV INST 4600.7, AFR 75-96, NAVMC 1156), AND IN ACCORDANCE WITH THE AUTHORITIES AND RESPONSIBILITIES CONTAINED IN THAT DIRECTIVE,THE MILITARY TRAFFIC MANAGEMENT REGULATIONS WERE PROMULGATED, CONTAINING POLICY GUIDANCE AND PROCEDURES WHICH ARE APPLICABLE TO TRAFFIC MANAGEMENT FUNCTIONS, INCLUDING THE DIRECTION, CONTROL AND SUPERVISION OF ALL FUNCTIONS REGARDING THE EFFECTIVE AND ECONOMICAL PROCUREMENT AND USE OF COMMERCIAL FREIGHT BY THE MILITARY DEPARTMENTS WITH THE UNITED STATES. CHAPTER 106 OF THESE REGULATIONS, REFERRED TO BY YOU--- WHICH ISSUED LONG AFTER THE DATE OF THE SHIPMENTS AND CORRECTIONS INVOLVED--- MERELY CONTAIN INSTRUCTIONS TO PERSONNEL OF THE DEFENSE DEPARTMENT FOR FURNISHING TRAFFIC AND RELATED INFORMATION TO COMMERCIAL CARRIERS. IF SUCH REGULATIONS HAD BEEN IN EFFECT AT THE TIME OF SHIPMENT AND HAD ANY BEARING ON THESE SHIPMENTS, THEY COULD NOT CONTROL OUR OFFICE, AN ENTIRELY DIFFERENT AGENCY OF THE UNITED STATES, IN AN ENTIRELY DIFFERENT BRANCH OF THE GOVERNMENT, IN PASSING UPON THE SUFFICIENCY OF EVIDENCE PRESENTED IN SUPPORT OF CLAIMS AGAINST FEDERAL FUNDS.

ACCORDINGLY, BASED ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL NO. N-40944-A-G-R-1703 WAS PROPER AND IS SUSTAINED.