A-15909, OCTOBER 7, 1926, 6 COMP. GEN. 247

A-15909: Oct 7, 1926

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THE CHARGE FOR BOTH HORSE AND ATTENDANT IS ACCORDINGLY FOR DIVISION BETWEEN THE ROADS COMPOSING THE ROUTE FOR FREIGHT EQUALIZATION PURPOSES. THE LAND-GRANT DEDUCTION APPLICABLE OVER SUCH ROUTE IS PROPERLY DEDUCTED FROM EACH ROAD'S PROPORTION. THE CARRIER CLAIMED $110.39 FOR THE SERVICE AND ALLOWANCE WAS MADE FOR $104.51. ARE NOT APPLICABLE VIA NAPLESVILLE AS PER SUPPLEMENT NO. 17 TO THE TARIFF AND THAT THE FIRST CLASS ARBITRARY FROM AUGUSTA. TO FORT BRAGG IS 84.5 CENTS PER 100 POUNDS. THE CARRIER FURTHER CONTENDS THAT THE PRACTICE OF APPLYING FREIGHT PERCENTAGE LAND-GRANT DEDUCTIONS TO FARES OF LIVESTOCK ATTENDANTS IS NOT CONCURRED IN BY IT AND THERE IS NO AUTHORITY THAT IT KNOWS OF FOR CONSIDERING PASSENGER REVENUE THE SAME AS FREIGHT FOR LAND-GRANT EQUALIZATION PURPOSES.

A-15909, OCTOBER 7, 1926, 6 COMP. GEN. 247

TRANSPORTATION - LAND-GRANT DEDUCTIONS - LIVESTOCK ATTENDANTS THE COST OF THE TRANSPORTATION OF AN ATTENDANT FOR A HORSE SHIPPED BY FREIGHT, WHILE DETERMINED BY A PASSENGER TARIFF, MAY PROPERLY BE CONSIDERED AS PART OF THE FREIGHT EXPENSE IN THE TRANSPORTATION OF THE HORSE. THE CHARGE FOR BOTH HORSE AND ATTENDANT IS ACCORDINGLY FOR DIVISION BETWEEN THE ROADS COMPOSING THE ROUTE FOR FREIGHT EQUALIZATION PURPOSES, AND THE LAND-GRANT DEDUCTION APPLICABLE OVER SUCH ROUTE IS PROPERLY DEDUCTED FROM EACH ROAD'S PROPORTION.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 7, 1926:

THE ATLANTIC COAST LINE RAILROAD CO. APPLIED PER LETTER OF AUGUST 20, 1926, FOR REVIEW OF SETTLEMENT T-5002, MAY 20, 1926, OF BILL 89286 FOR TRANSPORTATION OF ONE HORSE AND AN ATTENDANT FROM FORT LEAVENWORTH, KANS., TO FORT BRAGG, N.C., PER BILL OF LADING A-1455010, JULY 23, 1925.

THE CARRIER CLAIMED $110.39 FOR THE SERVICE AND ALLOWANCE WAS MADE FOR $104.51. THE CARRIER IN ITS APPLICATION FOR REVIEW CONTENDS THAT THE RATES PUBLISHED IN AGENT SPEIDEN'S TARIFF I.C.C. 893 FROM CAIRO, ILL., TO FORT BRAGG, N.C., ARE NOT APPLICABLE VIA NAPLESVILLE AS PER SUPPLEMENT NO. 17 TO THE TARIFF AND THAT THE FIRST CLASS ARBITRARY FROM AUGUSTA, GA., TO FORT BRAGG IS 84.5 CENTS PER 100 POUNDS, PER ITS DIVISION BASIS 1283, AND NOT 80.5 CENTS AS SHOWN BY THE SETTLEMENT. THE CARRIER FURTHER CONTENDS THAT THE PRACTICE OF APPLYING FREIGHT PERCENTAGE LAND-GRANT DEDUCTIONS TO FARES OF LIVESTOCK ATTENDANTS IS NOT CONCURRED IN BY IT AND THERE IS NO AUTHORITY THAT IT KNOWS OF FOR CONSIDERING PASSENGER REVENUE THE SAME AS FREIGHT FOR LAND-GRANT EQUALIZATION PURPOSES.

SUPPLEMENT NO. 17 TO AGENT GLENN'S TARIFF 45-E, I.C.C. 863, TO WHICH THE CARRIER REFERS PROVIDES ROUTING INSTRUCTIONS EFFECTIVE SEPTEMBER 2, 1925, WHICH WAS AFTER THE SERVICE WAS RENDERED AND THE ROUTING INSTRUCTIONS EFFECTIVE ON DATE OF MOVEMENT ARE SHOWN BY SUPPLEMENT NO. 7 WHICH PROVIDES THAT RATES FROM CAIRO, ILL., TO POINTS ON THE ATLANTIC COAST LINE RAILROAD BETWEEN SANFORD AND FAYETTEVILLE, N.C., ARE APPLICABLE VIA "ROUTE 5, VIA ATLANTA, GA., R.R., AUGUSTA AND A.C.L.' OR "ROUTE 8, VIA C. OF GA., AUGUSTA AND A.C.L.'

IT APPEARS THAT THE PUBLISHED RATES ARE APPLICABLE OVER ANY OPEN ROUTE TO ATLANTA, GA. RAILROAD, TO AUGUSTA AND THE ATLANTA COAST LINE RAILROAD, OR VIA OPEN ROUTES TO MONTGOMERY OR OTHER CENTRAL OF GEORGIA RAILWAY JUNCTIONS, THENCE CENTRAL OF GEORGIA RAILWAY TO AUGUSTA AND ATLANTIC COAST LINE RAILROAD TO DESTINATION AND THE ROUTE FROM CAIRO TO ATLANTA AND AUGUSTA VIA MAPLESVILLE IS AN OPEN ONE HAVING PUBLISHED DIVISIONS AS SHOWN BY SOUTHERN RAILWAY PERCENTAGE ISSUED NO. 8970. THE AUTHORIZATION OF RATES VIA ROUTES SHOWN AS VIA ATLANTA, ETC., APPEARS TO AUTHORIZE SUCH RATES VIA OPEN ROUTES TO THE FIRST JUNCTION NAMES IN THE ROUTING INSTRUCTIONS THENCE VIA THE INDICATED ROUTES.

THE THROUGH RATES FROM CAIRO TO FORT BRAGG DIVIDE OVER AUGUSTA BY ALLOWING AN ARBITRARY AMOUNT NORTH OF THAT POINT AND DIVIDING THE REMAINDER ON PUBLISHED PERCENTAGES. IN REPLY TO A REQUEST OF THIS OFFICE FOR A COPY OF DIVISION BASIS PUBLISHING ARBITRARIES FROM AUGUSTA TO FORT BRAGG THE FREIGHT TRAFFIC MANAGER, ATLANTA COAST LINE RAILROAD CO., ADVISED PER FILE A OF APRIL 11, 1922, THAT DIVISION BASIS NO. 1283 WAS BADLY IN NEED OF REVISION BUT THAT THE FIRST-CLASS ARBITRARY PROPORTION ACCRUING BEYOND AUGUSTA IN DIVISION OF RATES FROM OHIO AND MISSISSIPPI RIVER CROSSING TO CAMP BRAGG, N.C., WAS 89.5 CENTS PER 100 POUNDS; BY APPLYING THE 10 PERCENT REDUCTION OF JULY 1, 1922, RESULTS IN AN ARBITRARY ALLOWANCE OF 80.5 CENTS FROM AUGUSTA TO FORT BRAGG WHICH IS THE AMOUNT UPON WHICH THE ALLOWANCE WAS BASED.

IN RESPECT TO THE CONTENTION AS TO CHARGES FOR ATTENDANT, IT IS NOTED THAT PASSENGER EQUALIZATION IS ENTIRELY SEPARATE AND DISTINCT FROM FREIGHT EQUALIZATION AND THIS OFFICE DOES NOT CONSIDER PASSENGER REVENUE THE SAME AS FREIGHT REVENUE, AS PASSENGER REVENUE AND EQUALIZATION PERTAINS TO PURELY PASSENGER SERVICE OVER PASSENGER ROUTES WHICH IN THE MAJORITY OF CASES ARE DIFFERENT FROM THAT IN FREIGHT SERVICE. IN THIS CASE IT DOES NOT APPEAR THAT THE CARRIERS FURNISHED PASSENGER SERVICE, IN ITS ORDINARY SENSE, AND CONSEQUENTLY THE EQUALIZATION OF THE RATE IS THAT WHICH OBTAINS VIA THE ROUTE USED OR THAT COULD HAVE BEEN USED IN THE FREIGHT SERVICE. THE FREIGHT TARIFFS PROVIDING CHARGES FOR THE TRANSPORTATION OF THE HORSE ALSO PROVIDE FOR THE COST OF THE ATTENDANT, WHEN NOT CARRIED FREE; THE COST OF THE TRANSPORTATION OF THE ATTENDANT IN SUCH CASE, WHILE DETERMINED BY A PASSENGER TARIFF, BECOMES A PART OF THE COST OF THE TRANSPORTATION OF THE HORSE AND THE TOTAL EXPENSE THUS ARISING MAY PROPERLY BE CONSIDERED AS THE FREIGHT EXPENSE IN THE TRANSPORTATION OF THE HORSE. THERE IS NO CLEAR REASON FOR MAKING TWO CLASSES FOR THE ONE SERVICE. THE TRANSPORTATION OF THE ATTENDANT WAS FURNISHED UPON A FREIGHT BILL OF LADING AND PRESENTED AS A CLAIM FOR FREIGHT CHARGES, WHICH IT CLEARLY SEEMS TO BE, AS THE ATTENDANT MOVED WITH THE HORSE IN FREIGHT AND NOT IN PASSENGER SERVICE AND CHARGES FOR THE HORSE ARE DETERMINED BY DIVISIONS AND LAND-GRANT DEDUCTIONS APPLICABLE OVER AN AVAILABLE FREIGHT ROUTE, AND THE FARE OF THE ATTENDANT BEING INCIDENT TO THE CHARGE FOR THE HORSE MUST NECESSARILY BE DETERMINED OVER THE ROUTE FOR THE FREIGHT SERVICE AND NOT OVER SOME OTHER ROUTE APPLICABLE IN PASSENGER SERVICE WITH ITS RESULTING DEDUCTIONS ON ACCOUNT LAND-GRANT AND THE AUTHORIZED 3 PERCENT ALLOWANCE. THE CHARGE FOR BOTH THE HORSE AND THE ATTENDANT AT TARIFF RATES BEING THE TOTAL CHARGE APPLICABLE ON A COMMERCIAL SHIPMENT UNDER THE SAME CONDITIONS IS THEREFORE DIVIDED BETWEEN THE ROADS COMPOSING THE ROUTE FOR FREIGHT EQUALIZATION PURPOSES AND THE LAND-GRANT DEDUCTION APPLICABLE OVER SUCH ROUTE IS DEDUCTED FROM EACH ROAD'S PROPORTION.

THE ALLOWANCE APPEARS TO HAVE BEEN MADE ON SUCH BASIS AND THE SETTLEMENT IS SUSTAINED.