A-24602, SEPTEMBER 28, 1928, 8 COMP. GEN. 148

A-24602: Sep 28, 1928

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WILL BE RATED AS PROVIDED BY THE FREIGHT CLASSIFICATION FOR . MILITARY IMPEDIMENTA" AND THE CLASSIFICATION RATINGS PROVIDED FOR THE VARIOUS ARTICLES WILL NOT BE APPLIED. WHEN A SHIPMENT OF CAMP EQUIPMENT AND OTHER PROPERTY GENERALLY KNOWN AS IMPEDIMENTA OF MILITARY ORGANIZATIONS IS PACKED AND MARKED AND IS LISTED ON THE BILL OF LADING UNDER SEPARATE DESCRIPTIONS OF THE ARTICLES SHIPPED. THE SAME AS IS REQUIRED FOR FREIGHT SHIPMENTS. THE SEPARATELY STATED RATINGS FOR THE ARTICLES WILL BE APPLIED. AS IS USUAL FOR ANY ORDINARY FREIGHT SHIPMENT. WHEREIN $15 WAS DISALLOWED FOR THE TRANSPORTATION OF THE MISCELLANEOUS EQUIPMENT. CLAIMING THAT THE RATING PROVIDED IN THE CLASSIFICATION FOR "MILITARY IMPEDIMENTA" WAS APPLICABLE.

A-24602, SEPTEMBER 28, 1928, 8 COMP. GEN. 148

TRANSPORTATION - RATES - MILITARY IMPEDIMENTA SHIPMENTS OF CAMP EQUIPMENT AND OTHER PROPERTY GENERALLY KNOWN AS IMPEDIMENTA OF MILITARY ORGANIZATIONS, WHEN TRANSPORTED IN CONNECTION WITH TROOP MOVEMENTS AND DESCRIBED ON THE BILL OF LADING UNDER THE TERM "MILITARY IMPEDIMENTA," OR SOME OTHER GENERAL TERM, WITHOUT LISTING THE ARTICLES INCLUDED IN THE SHIPMENT, WILL BE RATED AS PROVIDED BY THE FREIGHT CLASSIFICATION FOR ,MILITARY IMPEDIMENTA" AND THE CLASSIFICATION RATINGS PROVIDED FOR THE VARIOUS ARTICLES WILL NOT BE APPLIED. WHEN A SHIPMENT OF CAMP EQUIPMENT AND OTHER PROPERTY GENERALLY KNOWN AS IMPEDIMENTA OF MILITARY ORGANIZATIONS IS PACKED AND MARKED AND IS LISTED ON THE BILL OF LADING UNDER SEPARATE DESCRIPTIONS OF THE ARTICLES SHIPPED, THE SAME AS IS REQUIRED FOR FREIGHT SHIPMENTS, THE SEPARATELY STATED RATINGS FOR THE ARTICLES WILL BE APPLIED, AS IS USUAL FOR ANY ORDINARY FREIGHT SHIPMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 28, 1928:

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. APPLIED PER LETTER DATED JULY 26, 1928, FOR REVIEW OF SETTLEMENT T-56214-W, MARCH 6, 1928, OF BILL 39157, WHEREIN $15 WAS DISALLOWED FOR THE TRANSPORTATION OF THE MISCELLANEOUS EQUIPMENT, ETC., OF TROOP B, MEDICAL DETACHMENT AND SERVICE TROOP OF THE ONE HUNDRED AND ELEVENTH CAVALRY, FROM FORT BLISS., TEX., TO CLOVIS AND CARLSBAD, N.MEX., OF THREE LESS-THAN CARLOAD SHIPMENTS, PER BILLS OF LADING WQ A-1519269, 1519271, AND 1519278, AUGUST 26, 1927.

EACH BILL OF LADING SHOWS THE TOTAL WEIGHT OF THE SHIPMENT THEREON WITH THE NOTATION "AS PER ITEMIZED LIST ATTACHED" BUT NO GENERAL TERM TO INDICATE A SHIPMENT IN BULK.

THE "ITEMIZED LIST ATTACHED" SHOWS THE ARTICLES EMBRACED IN THE SHIPMENT WITH THE NUMBER AND KIND OF PACKAGES AND THE SEPARATE WEIGHTS OF EACH MAKING THE TOTAL WEIGHT SHOWN ON THE BILL OF LADING.

THE CARRIER PRESENTED ITS CLAIM FOR FREIGHT CHARGES ON BASIS OF THE ACTUAL WEIGHT AT THE FIRST-CLASS RATE, CLAIMING THAT THE RATING PROVIDED IN THE CLASSIFICATION FOR "MILITARY IMPEDIMENTA" WAS APPLICABLE; THE ALLOWANCE IN SETTLEMENT WAS ON THE BASIS OF THE RATINGS APPLICABLE ON THE SEPARATELY DESCRIBED ARTICLES WHEN MOVING AS ORDINARY LESS-THAN-CARLOAD SHIPMENTS.

THE CARRIER IN ITS APPLICATION FOR REVIEW CLAIMS THE AMOUNT DISALLOWED, CONTENDING THAT THE CLASSIFICATION PROVIDES FOR MILITARY IMPEDIMENTA AT FIRST CLASS FOR LESS CARLOAD SHIPMENTS; THAT SEPARATELY STATED RATINGS IN THE CLASSIFICATION FOR ARTICLES CONSTITUTING MILITARY IMPEDIMENTA WILL NOT BE APPLIED; AND THAT THE RATINGS SHOWN BY THE CLASSIFICATION ARE THE RESULT OF AN AGREEMENT BETWEEN THE CARRIERS ACTING THROUGH THE WESTERN CLASSIFICATION COMMITTEE AND THE REPRESENTATIVES OF THE GOVERNMENT.

FOR A NUMBER OF YEARS A THIRD-CLASS RATING COMPUTED UPON A WEIGHT OF 24,000 POUNDS FOR EACH CAR USED, ACTUAL WEIGHTS NOT BEING REQUIRED, HAD BEEN PROVIDED BY THE CONSOLIDATED FREIGHT CLASSIFICATION FOR GOVERNMENT SHIPMENTS OF "MILITARY IMPEDIMENTA" (CAMP EQUIPAGE, SUBSISTENCE STORES, MEDICAL STORES, EMERGENCY AMMUNITION, OR OTHER PROPERTY OF THE UNITED STATES ARMY (INCLUDING STATE MILITIA), NAVY, OR MARINE CORPS, GENERALLY KNOWN AS IMPEDIMENTA, BUT NOT INCLUDING LIVESTOCK NOR PERSONAL BAGGAGE):

LOADED BY FORWARDER IN CARS REGARDLESS OF CARRIER'S PACKING REQUIREMENTS AND WITHOUT SPECIFIC WEIGHTS OR DESCRIPTIONS, BUT DESCRIBED AS MILITARY IMPEDIMENTA, SHIPPED UNDER GOVERNMENT BILLS OF LADING, OR ON WHICH FREIGHT CHARGES ARE PAID BY STATE GOVERNMENTS AND TRANSPORTED IN TRAINS WITH TROOPS OR IN CONNECTION WITH TROOP MOVEMENTS.

SEE CONSOLIDATED FREIGHT CLASSIFICATION NO. 4.

THIS RATING HAD BEEN APPLIED BY THIS OFFICE ON ALL CARLOAD SHIPMENTS OF EQUIPAGE WHEN MOVING WITH TROOPS IRRESPECTIVE OF WHETHER THE SHIPMENT WAS LISTED ON THE BILL OF LADING UNDER THE NAME ,MILITARY IMPEDIMENTA" OR UNDER THE INDIVIDUAL DESCRIPTION OF THE ARTICLES INCLUDED IN THE SHIPMENT.

THE APPLICATION OF THIS RATING HAVING BEEN UNSATISFACTORY, IT APPEARS THAT AS A RESULT OF CORRESPONDENCE AND CONFERENCES BETWEEN THE QUARTERMASTER GENERAL AND THE SEVERAL CLASSIFICATION COMMITTEES, A REVISED RATING, EFFECTIVE JULY 10, 1926, WAS PUBLISHED IN SUPPLEMENT NO. 36 TO CONSOLIDATED FREIGHT CLASSIFICATION NO. 4, PROVIDING A RATE FOR MILITARY IMPEDIMENTA OF THIRD CLASS UPON A MINIMUM CARLOAD OF 24,000 POUNDS AND OF FIRST CLASS FOR LESS CARLOADS:

LOADED BY FORWARDER IN CARS REGARDLESS OF CARRIER'S PACKING REQUIREMENTS AND WITHOUT SPECIFIC DESCRIPTION BUT DESCRIBED AS MILITARY IMPEDIMENTA; SHIPPED UNDER GOVERNMENT BILLS OF LADING, OR ON WHICH FREIGHT CHARGES ARE PAID BY STATE GOVERNMENTS AND TRANSPORTED IN TRAINS WITH TROOPS OR IN CONNECTION WITH TROOP MOVEMENTS.

ACCORDING TO A NOTE UNDER THIS ITEM IN THE CLASSIFICATION:

SEPARATELY STATED RATINGS IN THE CLASSIFICATION FOR ARTICLES CONSTITUTING SHIPMENTS OF MILITARY IMPEDIMENTA WILL NOT BE APPLIED.

IT APPEARS TO HAVE BEEN THE PURPOSE OF THE CITED SUPPLEMENT NO. 36 TO CLARIFY THE SITUATION AS TO PAYMENT FOR THIS CHARACTER OF SERVICE BY SPECIFYING CONDITIONS AND REQUIREMENTS APPLICABLE THERETO AND BY PROVIDING FOR A MINIMUM CARLOAD WEIGHT OF 24,000 POUNDS AT THIRD CLASS INSTEAD OF THE ABSOLUTE WEIGHT OF 24,000 POUNDS OF THIRD CLASS REGARDLESS OF WEIGHT OF THE SHIPMENT; AND ALSO FOR A LESS-CARLOAD RATING OF FIRST CLASS FOR THE ACTUAL WEIGHT SHIPPED WHEN SUCH BASIS IS MORE FAVORABLE TO THE GOVERNMENT THAN THE CARLOAD RATING. THIS CONCESSION TO THE GOVERNMENT IS APPLICABLE UNDER THE CONDITIONS NAMED IN THE CITED SUPPLEMENT 36 OF C.F.C. NO. 4, THE COMPLIANCE WITH WHICH RELIEVES THE CARRIER OF THE RESPONSIBILITY OF LOADING AND OF CHECKING THE RECEIPT AND DELIVERY OF ARTICLES SO DESCRIBED ON THE BILLS-OF LADING.

THE SHIPPER HAS THE OPTION OF SECURING THE RATES THUS AUTHORIZED FOR A SHIPMENT OF MILITARY IMPEDIMENTA BY COMPLYING WITH THE REQUIREMENTS; BUT IF HE CHOOSES TO GIVE SPECIFIC DESCRIPTIONS OF THE VARIOUS ARTICLES IN THE SHIPMENT, THE CARRIER MAY BE HELD RESPONSIBLE FOR THE ARTICLES THUS DESCRIBED AND PAYMENT FOR THEIR TRANSPORTATION IS REQUIRED IN ACCORDANCE WITH SAID DESCRIPTION.

THE QUARTERMASTER GENERAL PER LETTER OF AUGUST 13, 1927, HAS ADVISED THIS OFFICE HIS UNDERSTANDING OF THE EFFECT OF THE CITED SUPPLEMENTNO. 36 TO THE CLASSIFICATION SUBSTANTIALLY AS FOLLOWS:

1. THE RATING IS APPLICABLE ON SHIPMENTS OF ORDINARY EQUIPAGE WHEN DESCRIBED ON THE BILL OF LADING AS "MILITARY IMPEDIMENTA," WITHOUT SHOWING THE SPECIFIC ITEMIZED WEIGHTS OR DESCRIPTIONS, WHEN MOVING IN TRAINS WITH TROOPS OR OVER THE RAILROAD EITHER BEFORE OR AFTER THE TROOPS MOVE OVER THE RAILROAD.

2. THE RATING IS NOT APPLICABLE ON SHIPMENTS OF SOLID CARLOADS OF CANNON, CAISSONS, WAGONS, OR OTHER VEHICLES, LIVESTOCK, FORAGE, AMMUNITION, ETC., OR OTHER ARTICLES LISTED BY NAME ON THE BILL OF LADING AND MOVING IN TRAINS WITH TROOPS.

3. THE RATING IS NOT APPLICABLE ON SHIPMENTS WHERE THE ARTICLES INCLUDED IN THE SHIPMENT ARE LISTED ON THE BILL OF LADING UNDER THEIR SEPARATE ITEMIZED WEIGHTS AND DESCRIPTIONS, THE SAME AS ORDINARY FREIGHT, REGARDLESS OF WHETHER MOVING IN TRAINS WITH TROOPS OR NOT.

4. THE RATING IS NOT APPLICABLE ON SHIPMENTS MOVING BY RAILROAD WHERE THE TROOPS MARCH OR ARE MOVED BY THE MOTOR TRUCK IRRESPECTIVE OF WHETHER THE SHIPMENT IS DESCRIBED AS MILITARY IMPEDIMENTA OR NOT, AND THAT IN ORDER TO OBTAIN THE RATING THE TROOPS MUST BE MOVED BY THE RAILROAD WHICH MOVES THE FRIEGHT.

THE FOREGOING STATEMENT APPEARS TO PROPERLY SET FORTH THE RATINGS AUTHORIZED BY THE CITED SUPPLEMENT NO. 36.

THE WAR DEPARTMENT, IN PARAGRAPH VII OF CIRCULAR NO. 9, MARCH 5, 1927, WHICH SUPERSEDED PREVIOUS CIRCULARS, HAS ISSUED DETAILED INSTRUCTIONS RELATIVE TO SHIPMENTS OF MILITARY IMPEDIMENTA, AS FOLLOWS:

3-A. CHECKABLE BAGGAGED WILL NOT BE INCLUDED ON BILLS OF LADING OR TRANSPORTATION REQUESTS, AS AN ALLOWANCE IS TRANSPORTED FREE BY THE CARRIERS. THE CARRIER'S TARIFFS SHOULD BE CONSULTED TO ASCERTAIN WHAT CONSTITUTES CHECKABLE BAGGAGE AND THE ALLOWANCE THEREOF.

B. LIVESTOCK, VEHICLES, GUNS, CAISSONS, LIMBERS, AND HOUSEHOLD GOODS, IN ANY QUANTITY, AND PONTOONS, FORAGE, AMMUNITION, OR OTHER ARTICLES SHIPPED IN STRAIGHT CARLOAD LOTS WILL BE DESCRIBED BY THEIR APPROPRIATE NAMES ON BILLS OF LADING TOGETHER WITH THE REQUIRED DETAILED DESCRIPTIONS AND ACTUAL WEIGHTS, IN POUNDS, EXCEPT THAT IN CASE OF LIVESTOCK IT IS NOT NECESSARY TO SHOW WEIGHTS, BUT ON THE KIND OF ANIMALS AND NUMBER OF EACH KIND.

C. ARTICLES NOT COMING WITHIN THE CATEGORY STATED IN A AND B AND ABOVE WILL BE DESCRIBED ON BILLS OF LADING MERELY AS "MILITARY IMPEDIMENTA," SHOWING THE DETAILED DESCRIPTION OR DETAILED WEIGHTS NOR NUMBER OF PIECES, BUNDLES, ETC., WILL BE SHOWN ON BILLS OF LADING FOR THE ARTICLES BILLED AS MILITARY IMPEDIMENTA, BUT SHIPPING TICKETS OR CHECKING LISTS WILL, HOWEVER, BE PREPARED AND HANDLED FOR GOVERNMENT PROPERTY ACCOUNTING PURPOSES, AS NOW REQUIRED BY REGULATIONS. THE OBSERVANCE OF THE CARRIER'S PACKING REQUIREMENTS IS NOT NECESSARY AS TO ARTICLES BILLED AS MILITARY IMPEDIMENTA. ALL OTHER REGULATIONS IN REGARD TO LOADING AND BILLING SHIPMENTS WILL BE OBSERVED TO THE EXTENT THAT THEY ARE NOT MODIFIED BY THIS CIRCULAR.

HOWEVER, IF THE SHIPPER DOES NOT CHOOSE TO AVAIL HIMSELF OF THE MILITARY IMPEDIMENTA RATE, BY COMPLYING WITH THE CONDITIONS AS SET FORTH ABOVE, HE CAN PACK AND WEIGH, AND GIVE SPECIFIC DESCRIPTIONS AND WEIGHTS ON THE BILL OF LADING, OF THE VARIOUS ARTICLES IN THE LESS THAN-CARLOAD SHIPMENT, AND THEREBY HOLD THE CARRIER RESPONSIBLE FOR THE LOADING AND DELIVERY OF THE ARTICLES THUS DESCRIBED IN ACCORDANCE WITH WHICH THE TRANSPORTATION CHARGES ARE PAYABLE. THE SHIPPER THUS HAS THE OPTION OF SECURING THE TRANSPORTATION AS "MILITARY IMPEDIMENTA" OR ACCORDING TO THE DESCRIPTION OF THE ARTICLES INCLUDED IN THE SHIPMENT.

AS THE ARTICLES MAY BE CORRECTLY DESCRIBED BY EITHER METHOD, THE DESCRIPTION SHOWN ON THE BILL OF LADING IN EITHER CASE IS NOT SUBJECT TO CHANGE UNDER THE PROVISION OF SECTION 4 OF RULE 2 OF THE CONSOLIDATED FREIGHT CLASSIFICATION THAT "WHEN PROPERTY IS FOUND TO HAVE BEEN INCORRECTLY DESCRIBED, CORRECTION MUST BE MADE AND FREIGHT CHARGES MUST BE COLLECTED ACCORDING TO PROPER DESCRIPTION.' THIS PROVISION DOES NOT REQUIRE A CHANGE FROM ONE CORRECT DESCRIPTION TO ANOTHER, THOUGH THE SHIPPER MIGHT HAVE SECURED A LOWER RATE BY A DIFFERENT DESCRIPTION. WHERE MORE THAN ONE DESIGNATION MAY BE CORRECTLY APPLIED TO A SHIPMENT WHICH IS TO ACCOMPANY A TROOP MOVEMENT, IT IS THE PRIVILEGE AS WELL AS THE DUTY OF THE SHIPPER TO MAKE THE DESIGNATION ON THE BILL OF LADING UNDER WHICH HE DESIRES TO CLASSIFY HIS FREIGHT.

IN THIS CONNECTION SEE CASE OF THE ILLINOIS CENTRAL RAILROAD COMPANY V. THE UNITED STATES IN THE COURT OF CLAIMS FOR AMOUNT ALLEGED TO HAVE BEEN DUE ON ACCOUNT OF TRANSPORTATION FURNISHED THE UNITED STATES PER SIX BILLS OF LADING COVERING CERTAIN "CAMP EQUIPMENT," "TROOP PROPERTY," ,EQUIPMENT," OR "TROOP PROPERTY AND EQUIPMENT; " THE COURT PER DECISION OF MARCH 19, 1923, 58 CT.CLS. 182-189, DETERMINED THE CORRECT ALLOWANCE ON THESE SIX BILLS ON BASIS OF RATES APPLICABLE FOR THE SHIPMENTS AS DESCRIBED ON THE BILLS OF LADING--- ON THE FIRST THREE BILLS ON BASIS OF THE DETAILED AND ITEMIZED DESCRIPTION OF THE ARTICLES SHOWN THEREON AND ON THE LATTER THREE BILLS ON BASIS OF THE GENERAL DESCRIPTION AND THE COURT, ON PAGE 186, REFERRING TO THE BILLS DESCRIBING THE SHIPMENTS UNDER THE GENERAL TERMS, SAID:

AS TO THESE ITEMS THE FACTS SHOWED, AND WERE SO FOUND, THAT IT IS NOT POSSIBLE AT THIS TIME TO DETERMINE THE SEPARATE ARTICLES THAT WENT TO MAKE UP THE SHIPMENTS IN THESE ITEMS, AND THAT IT WAS OPEN TO THE SHIPPING OFFICER "TO PACK, MARK, WEIGH, AND LIST THE VARIOUS ITEMS AND PROCURE WITH REFERENCE THERETO THE SPECIFIC CLASSIFICATION APPLICABLE TO EACH ARTICLE WITH PROPER LAND-GRANT DEDUCTION," AND THAT THE CLASSIFICATION CLAIMED BY THE CARRIER WAS THE ONLY ONE APPLICABLE TO THE SHIPMENTS AS BILLED.

THE "NOTE" CONTAINED IN THE ITEM APPLICABLE ON MILITARY IMPEDIMENTA IN THE CLASSIFICATION RELATIVE TO SEPARATELY STATED RATINGS APPEARS TO HAVE REFERENCE TO SHIPMENTS LISTED ON THE BILL OF LADING UNDER THE NAME "MILITARY IMPEDIMENTA" OR LIKE GENERAL TERM WHERE NO DETAILED OR ITEMIZED DESCRIPTION OF THE SEVERAL ARTICLES INCLUDED IN THE SHIPMENT IS SHOWN ON THE BILL OF LADING BUT WHERE THE SHIPMENT IS MADE STRICTLY UNDER THE CONDITIONS IMPOSED BY THE CLASSIFICATION IN ORDER TO OBTAIN THE RATING PROVIDED FOR "MILITARY IMPEDIMENTA"; THE NOTE HAS NO REFERENCE TO SHIPMENTS WHICH ARE MADE WITHOUT REFERENCE TO THE REQUIREMENTS OF THE MILITARY IMPEDIMENTA RATING BUT ARE LISTED AND DESCRIBED THE SAME AS IN ANY OTHER ORDINARY SHIPMENT.