A-57043, AUGUST 7, 1934, 14 COMP. GEN. 100

A-57043: Aug 7, 1934

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TRANSPORTATION - RATES - "EMIGRANT MOVABLES" WHERE A SHIPMENT IS COMPOSED OF ARTICLES WHICH. THAT IS $1.33 PER 100 POUNDS APPLIED TO A MINIMUM WEIGHT OF 20. PAYMENT WAS MADE ACCORDINGLY BY THE DISBURSING OFFICER. SETTLEMENT T-91310 1/2 DISALLOWED THIS CLAIM BECAUSE "AS THE WEIGHT OF THE HORSES WAS 25 PERCENT OF THE ACTUAL WEIGHT OF SHIPMENT. THE SAID PROVISIONS ARE AS FOLLOWS: RATING FOR "EMIGRANT MOVABLES" WILL APPLY ONLY ON MIXED CARLOADS OF: SECOND-HAND (USED) HOUSEHOLD GOODS * * * TOGETHER WITH ONE OR MORE OF THE FOLLOWING ARTICLES. WHICH ARTICLES MUST CONSTITUTE AT LEAST 25 PERCENT OF THE TOTAL WEIGHT UPON WHICH FREIGHT CHARGES ARE ASSESSED: ORDINARY LIVESTOCK * * * WHEN SHIPMENT OF EMIGRANT MOVABLES INCLUDES ORDINARY LIVE STOCK * * * ONE MAN IN CHARGE WILL BE CARRIED FREE IN THE CAR WITH THE SHIPMENT * * *.

A-57043, AUGUST 7, 1934, 14 COMP. GEN. 100

TRANSPORTATION - RATES - "EMIGRANT MOVABLES" WHERE A SHIPMENT IS COMPOSED OF ARTICLES WHICH, IF INCREASED IN WEIGHT IN THE SAME PROPORTION TO A TOTAL WEIGHT EQUIVALENT TO THE MINIMUM CARLOAD WEIGHT PRESCRIBED FOR "EMIGRANT MOVABLES" RATING, WOULD BE ENTITLED TO THAT RATING, THE PROVISIONS OF CONSOLIDATED FREIGHT CLASSIFICATION RULE 15 (SECTION 1) REQUIRE THAT THE CARLOAD CHARGE FOR "EMIGRANT MOVABLES" SHALL BE THE MAXIMUM CHARGE FOR THE SHIPMENT.

DECISION BY ASSISTANT COMPTROLLER GENERAL ELLIOTT, AUGUST 7, 1934:

THE TEXAS AND NEW ORLEANS RAILROAD CO. HAS REQUESTED REVIEW OF SETTLEMENT T-91310 1/2, DECEMBER 21, 1933, DISALLOWING THE CARRIER'S CLAIM FOR $236.67 IN ADDITION TO THE AMOUNT OF $266 THERETOFORE PAID BY MAJ. W. C. RAWLS, ARMY DISBURSING OFFICER, ON VOUCHER 4620, NOVEMBER 17, 1932, FOR THE TRANSPORTATION FROM WASHINGTON, D.C., TO FORT BLISS, TEX., OF A SHIPMENT OF HOUSEHOLD GOODS, 6,674 POUNDS, AND 2 HORSES, 2,225 POUNDS, COVERED BY BILL OF LADING WQ-446371, AUGUST 12, 1932. AN ENLISTED SOLDIER ACCOMPANIED THE SHIPMENT AS ATTENDANT FOR THE ANIMALS.

THE CARRIER ORIGINALLY STATED THE CHARGE AS $266 (BILL NO. Q-9382-9) ON THE BASIS OF THE EMIGRANT MOVABLES RATE, THAT IS $1.33 PER 100 POUNDS APPLIED TO A MINIMUM WEIGHT OF 20,000 POUNDS, AND PAYMENT WAS MADE ACCORDINGLY BY THE DISBURSING OFFICER. SEE SOUTHERN PACIFIC COMPANY V. UNITED STATES, 268 U.S. 263. THEREAFTER THE CARRIER SUBMITTED ITS BILL NO. Q-9382-9-B FOR $236.67 ADDITIONAL, BEING THE DIFFERENCE BETWEEN THE PAYMENT OF $266 AND A CHARGE OF $502.67 COMPUTED AS FOLLOWS:2 HORSES AS 4,500 POUNDS AT $4.03 PER 100 POUNDS -- ------------- $181.35 HOUSEHOLD GOODS 6,674 POUNDS AT 3.815 PER 100 POUNDS ------------ 254.62 "EC" AS 11,174 POUNDS AT 0.02 PER 100 POUNDS ------------------ 2.23 "ATTENDANT'S FARE" ----------------- -------------------------- 64.47

502.67

IN SUPPORT OF THIS CLAIM FOR $236.67 THE CARRIER NOTED ON THE FACE OF BILL NO. Q-9382-9-B "THE WEIGHT OF THE HORSES DOES NOT CONSTITUTE 25 PERCENT OF TARIFF WEIGHT ON EMIGRANT MOVABLES ITEM 7, PAGE 53, SUP. 37 CFC NO. 6.'

SETTLEMENT T-91310 1/2 DISALLOWED THIS CLAIM BECAUSE "AS THE WEIGHT OF THE HORSES WAS 25 PERCENT OF THE ACTUAL WEIGHT OF SHIPMENT, CHARGES AS ORIGINALLY PAID ON BASIS OF EMIGRANT MOVABLES RATING APPEARS CORRECT.'

IN ITS PRESENT SUBMISSION THE CARRIER HAS REQUESTED ALLOWANCE OF $236.67, URGING IN SUPPORT OF THIS CLAIM THAT THE PROVISIONS OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 7, PAGE 215, NOTE 2, REQUIRE THAT THE WEIGHT OF THE HORSES MUST AMOUNT TO 5,000 POUNDS TO SECURE THE EMIGRANT MOVABLES RATING.

THE SAID PROVISIONS ARE AS FOLLOWS: RATING FOR "EMIGRANT MOVABLES" WILL APPLY ONLY ON MIXED CARLOADS OF:

SECOND-HAND (USED) HOUSEHOLD GOODS * * * TOGETHER WITH ONE OR MORE

OF THE FOLLOWING ARTICLES, WHICH ARTICLES MUST CONSTITUTE AT LEAST 25

PERCENT OF THE TOTAL WEIGHT UPON WHICH FREIGHT CHARGES ARE ASSESSED:

ORDINARY LIVESTOCK * * *

WHEN SHIPMENT OF EMIGRANT MOVABLES INCLUDES ORDINARY LIVE STOCK

* * * ONE MAN IN CHARGE WILL BE CARRIED FREE IN THE CAR WITH THE

SHIPMENT * * *.

AS CONSOLIDATED FREIGHT CLASSIFICATION NO. 7 DID NOT BECOME EFFECTIVE UNTIL SEPTEMBER 20, 1932, AND THE SHIPMENT WAS MADE UNDER BILL OF LADING OF AUGUST 12, 1932, THE CARRIER'S REFERENCE THERETO IS NOT CLEAR WITH RESPECT TO THIS CLAIM. HOWEVER, IDENTICAL PROVISIONS WERE PUBLISHED IN CONSOLIDATED FREIGHT CLASSIFICATION NO. 6, SUPPLEMENT 47, PAGE 40, ITEM 3, NOTE 2, IN EFFECT ON THE DATE OF SHIPMENT. THE ITEMS COMPOSING THIS SHIPMENT ARE SUCH AS MAY BE INCLUDED IN A SHIPMENT TO WHICH THE EMIGRANT MOVABLES RATING WOULD BE APPLICABLE UNDER THE PROVISIONS OF ITEM 3, SUPRA. THE QUESTION AS TO WHETHER THE EMIGRANT MOVABLES RATE IS APPLICABLE TO THE PRESENT SHIPMENT ARISES BY REASON OF THE ITEM 3 PROVISION THAT THE ARTICLES ENUMERATED AS REQUIRED IN ADDITION TO THE HOUSEHOLD GOODS "MUST CONSTITUTE AT LEAST 25 PERCENT OF THE TOTAL WEIGHT UPON WHICH FREIGHT CHARGES ARE ASSESSED.' THE RATING FOR EMIGRANT MOVABLES IS A CARLOAD RATING. WHERE THE ACTUAL WEIGHT OF A SHIPMENT IS AS MUCH AS OR MORE THAN THE MINIMUM CARLOAD WEIGHT OF 20,000 POUNDS PRESCRIBED FOR EMIGRANT MOVABLES, THE EFFECT OF THE QUOTED PROVISION IS CLEAR IN THE REQUIREMENT THAT THE ARTICLES OTHER THAN HOUSEHOLD GOODS MUST CONSTITUTE ONE-FOURTH OF THE TOTAL WEIGHT. IN DETERMINING THE EFFECT OF THE ABOVE PROVISION WITH RESPECT TO SHIPMENTS WEIGHING LESS THAN THE MINIMUM OF 20,000 POUNDS, HOWEVER, CONSIDERATION MUST BE GIVEN TO THE PROVISIONS OF SECTION 1 OF RULE 15 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 6, REQUIRING THAT "THE CHARGE FOR A LESS THAN CARLOAD SHIPMENT MUST NOT EXCEED THE CHARGE FOR A MINIMUM CARLOAD OF THE SAME FREIGHT AT THE CARLOAD RATE.' IF WITH RESPECT TO SHIPMENTS WEIGHING LESS THAN 20,000 POUNDS AND HAVING IN ADDITION TO HOUSEHOLD GOODS ARTICLES OF THE KIND REQUIRED IN EMIGRANT MOVABLES BUT SUCH ARTICLES NOT WEIGHING 5,000 POUNDS, THE CHARGE AS FOR A CARLOAD OF EMIGRANT MOVABLES AT CARLOAD RATE IS NOT AUTHORIZED AS URGED BY THE CARRIER, EVEN THOUGH THE EMIGRANT MOVABLES CARLOAD CHARGE IS LESS THAN THE CHARGE OTHERWISE APPLICABLE TO THE SHIPMENT ON THE BASIS OF OTHER RATINGS, IT WOULD APPEAR THAT THE PROVISIONS OF SECTION 1 OF RULE 15 WOULD BE INEFFECTIVE IN MANY INSTANCES.

THUS, IN A SHIPMENT CONSISTING OF HOUSEHOLD GOODS WEIGHING 7,500 POUNDS AND OTHER ARTICLES REQUIRED FOR EMIGRANT MOVABLES WEIGHING 2,500 POUNDS, THE CHARGE AS FOR 20,000 POUNDS OF EMIGRANT MOVABLES AT THE CARLOAD RATE WOULD NOT BE PERMITTED, WHEREAS IF THE SHIPMENT HAD CONSISTED OF 20,000 POUNDS COMPOSED OF 15,000 POUNDS OF HOUSEHOLD GOODS AND 5,000 POUNDS OF THE OTHER ARTICLES, THE CHARGE AUTHORIZED FOR THE SHIPMENT WOULD BE ON THE BASIS OF THE EMIGRANT MOVABLES RATING. IN THIS SITUATION, ACCORDING TO THE CONSTRUCTION OF THE EMIGRANT MOVABLES PROVISION AS URGED BY THE CARRIER, THE CHARGE FOR A CARLOAD OF EMIGRANT MOVABLES (20,000 POUNDS AT THE CARLOAD RATE) COULD NOT BE USED AS A MAXIMUM FOR THE SMALLER SHIPMENT, AND IF THE CHARGE FOR SAID SMALLER SHIPMENT ON THE BASIS OF RATINGS OTHERWISE APPLICABLE EXCEEDED THE CHARGE FOR A CARLOAD SHIPMENT OF EMIGRANT MOVABLES, THE ANOMALOUS RESULT WOULD ENSUE THAT FOR A SHIPMENT WEIGHING TWICE AS MUCH AS ANOTHER SHIPMENT OF IDENTICAL CHARACTER A SMALLER CHARGE WOULD BE APPLICABLE. SUCH A CONSTRUCTION WOULD APPEAR TO BE UNREASONABLE AND TO DENY PROPER EFFECT TO THE PROVISIONS OF RULE 15.

IT IS THE CONCLUSION OF THIS OFFICE THAT WHERE A SHIPMENT IS COMPOSED OF ARTICLES WHICH IF INCREASED IN WEIGHT IN THE SAME PROPORTION TO A TOTAL WEIGHT WHICH IS THE MINIMUM WEIGHT PRESCRIBED FOR EMIGRANT MOVABLES, AND THE TOTAL INCREASED WEIGHT THUS RESULTING INCLUDES A WEIGHT FOR THE REQUIRED ARTICLES OTHER THAN HOUSEHOLD GOODS EQUIVALENT TO 25 PERCENT OR MORE OF THE MINIMUM CARLOAD WEIGHT FOR EMIGRANT MOVABLES, THE PROVISIONS OF SECTION 1 OF RULE 15 REQUIRE THAT THE CARLOAD CHARGE FOR EMIGRANT MOVABLES SHALL BE THE MAXIMUM CHARGE FOR THE SHIPMENT.

APPLYING THE RULE TO THE SHIPMENT HERE CONCERNED IT WILL BE OBSERVED THAT A MINIMUM WEIGHT OF 20,000 POUNDS, CONSISTING OF HOUSEHOLD GOODS AND HORSES IN THE SAME PROPORTION AS IS INVOLVED IN THE WEIGHT OF THE ARTICLES SHIPPED WOULD CONTAIN HOUSEHOLD GOODS WEIGHING 14,999 POUNDS AND HORSES WEIGHING 5,001 POUNDS. THUS THE WEIGHT OF THE ARTICLES OTHER THAN HOUSEHOLD GOODS WOULD BE MORE THAN 25 PERCENT OF THE MINIMUM CARLOAD WEIGHT FOR EMIGRANT MOVABLES. IN OTHER WORDS, A SHIPMENT WEIGHING 20,000 POUNDS AND SIMILAR TO THE SHIPMENT HERE CONCERNED IN EVERY RESPECT EXCEPT FOR THE INCREASED WEIGHT, WOULD BE ENTITLED TO THE EMIGRANT MOVABLES RATING. IT THUS APPEARS THE "SAME FREIGHT" REFERRED TO UNDER RULE 15, IF SHIPPED IN A LOT OF 20,000 POUNDS, WOULD BE ENTITLED TO THE EMIGRANT MOVABLES RATING. ACCORDINGLY, THERE APPEARS NO BASIS WHY THE CHARGE FOR THE SHIPMENT COVERED BY BILL OF LADING WQ-446371 SHOULD BE IN EXCESS OF THE CHARGE FOR A SHIPMENT OF IDENTICAL CHARACTER WEIGHING CONSIDERABLY MORE THAN TWICE AS MUCH.