A-84287, MARCH 1, 1937, 16 COMP. GEN. 794

A-84287: Mar 1, 1937

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IS NOT FOR APPLICATION TO BAGGAGE CARS LOADED ONLY WITH MILITARY IMPEDIMENTA. THE FREIGHT TRANSPORTATION CHARGES FOR WHICH ARE PAYABLE IN ACCORDANCE WITH APPLICABLE FREIGHT TARIFFS IN EFFECT AT THE TIME. THE IMPEDIMENTA ACCOMPANIED A MOVEMENT OF THE CIVILIAN CONSERVATION CORPS AND WAS TRANSPORTED IN A BAGGAGE CAR. CHARGES FOR THE TRANSPORTATION OF THE IMPEDIMENTA WERE PAID ON THE BASIS OF FREIGHT RATES PUBLISHED AS APPLYING FROM FORT SNELLING. PAUL IS A CHARGE APPLICABLE TO PASSENGER SERVICE UNDER A SPECIAL ARRANGEMENT OR AGREEMENT BETWEEN THE CARRIERS AND THE WAR DEPARTMENT SET OUT IN WESTERN MILITARY BUREAU. IS LOCATED ON THE CHICAGO. NO TRAINS ARE OPERATED BETWEEN FORT SNELLING AND ST.

A-84287, MARCH 1, 1937, 16 COMP. GEN. 794

TRANSPORTATION - MILITARY IMPEDIMENTA - SWITCHING CHARGES THE CHARGE FOR SWITCHING SERVICE APPLICABLE TO TROOP PASSENGER TRANSPORTATION UNDER SPECIAL AGREEMENT, PUBLISHED IN WAR DEPARTMENT MILITARY CIRCULAR NO. 613, BETWEEN THE CARRIERS INVOLVED AND THE WAR DEPARTMENT, IS NOT FOR APPLICATION TO BAGGAGE CARS LOADED ONLY WITH MILITARY IMPEDIMENTA, THE FREIGHT TRANSPORTATION CHARGES FOR WHICH ARE PAYABLE IN ACCORDANCE WITH APPLICABLE FREIGHT TARIFFS IN EFFECT AT THE TIME.

ACTING COMPTROLLER GENERAL ELLIOTT TO H. W. SIDDALL, CHAIRMAN, WESTERN MILITARY BUREAU, MARCH 1, 1937:

THERE HAS BEEN CONSIDERED YOUR REQUEST FOR REVIEW OF SETTLEMENT T 97112, FEBRUARY 9, 1935, WHICH DISALLOWED $7.50 CLAIMED BY THE GREAT NORTHERN RAILWAY CO. IN BILL P-4093-A AS SWITCHING CHARGES IN CONNECTION WITH THE TRANSPORTATION OF MILITARY IMPEDIMENTA FROM FORT SNELLING, MINN., TO ELY, MINN., UNDER BILL OF LADING WQ-507248, MAY 7, 1933. THE IMPEDIMENTA ACCOMPANIED A MOVEMENT OF THE CIVILIAN CONSERVATION CORPS AND WAS TRANSPORTED IN A BAGGAGE CAR. CHARGES FOR THE TRANSPORTATION OF THE IMPEDIMENTA WERE PAID ON THE BASIS OF FREIGHT RATES PUBLISHED AS APPLYING FROM FORT SNELLING. THE ADDITIONAL CHARGE OF $7.50 CLAIMED AS FOR SWITCHING SERVICE FROM FORT SNELLING TO ST. PAUL IS A CHARGE APPLICABLE TO PASSENGER SERVICE UNDER A SPECIAL ARRANGEMENT OR AGREEMENT BETWEEN THE CARRIERS AND THE WAR DEPARTMENT SET OUT IN WESTERN MILITARY BUREAU, MILITARY CIRCULAR 613, IN PERTINENT PART AS FOLLOWS:

FORT SNELLING, MINN., IS LOCATED ON THE CHICAGO, MILWAUKEE AND ST. PAUL RY., 9.6 MILES FROM ST. PAUL AND 7.4 MILES FROM MINNEAPOLIS. NO TRAINS ARE OPERATED BETWEEN FORT SNELLING AND ST. PAUL OR MINNEAPOLIS, AND NO FARES ARE PUBLISHED. SPECIAL SWITCHING SERVICE IS REQUIRED IN ALL CASES.

THE NET CHARGES OF THE CHICAGO, MILWAUKEE AND ST. PAUL RY. FOR SWITCHING ALL CLASSES OF EQUIPMENT IN PASSENGER SERVICE BETWEEN FORT SNELLING AND ST. PAUL OR MINNEAPOLIS, INCLUDING THE VALUE OF TICKETS FOR PASSENGERS, ARE AS FOLLOWS:

ONE, TWO, OR THREE CARS --------------------------------- $50.00

EACH ADDITIONAL CAR, $7.50, IN ADDITION TO THE CHARGE FOR THREE CARS.

THESE ARE NET CHARGES, NOT SUBJECT TO LAND-GRANT DEDUCTION AND MUST BE ADDED TO THE NET CASH FARE TO OR FROM ST. PAUL OR MINNEAPOLIS, AS THE CASE MAY BE.

THE RECORD IN THE PRESENT MATTER SHOWS THAT FOR THE TRANSPORTATION OF THE PASSENGERS IN THIS CONTINGENT CONSISTING OF 215 PERSONS, THE CARRIER CLAIMED CHARGES ON THE BASIS OF AGREED PERCENTAGES OF FARES APPLICABLE FROM ST. PAUL IN BILL P-4093 AND WAS PAID THE AMOUNT SO CLAIMED BY MAJ. W. O. RAWLS, ON VOUCHER 7746, JULY 21, 1933. THEREAFTER THE CARRIER PRESENTED ITS BILL, P-4093-A, CLAIMING $87.50 AS SWITCHING CHARGES FROM FORT SNELLING TO ST. PAUL ON THE FOLLOWING BASIS AS UNDER MILITARY CIRCULAR 613:

FIRST THREE CARS ---------------------------------------- $50.00

FIVE ADDITIONAL CARS AT $7.50 --------------------------- 37.50

THE BILL BORE THE STATEMENT:

THIS PARTY OF SELECTEES FOR CIVILIAN CONSERVATION CORPS USED SPECIAL TRAIN CONSISTING OF GN COACHES NO. 927-903-900-931-916-971--- AND BAGGAGE CARS 430-373.

HOWEVER, IT APPEARING THAT BAGGAGE CAR NO. 430 WAS USED ONLY FOR THE TRANSPORTATION OF FREIGHT IMPEDIMENTA SHIPPED UNDER BILL OF LADING WQ 507248, THIS OFFICE IN SETTLEMENT T-97112 ALLOWED SWITCHING CHARGES IN THE AMOUNT OF $80 AND DISALLOWED THE SWITCHING CHARGE OF $7.50 CLAIMED WITH RESPECT TO BAGGAGE CAR NO. 430.

THE REQUEST FOR REVIEW REFERS TO THE FOLLOWING PROVISIONS APPEARING IN PARAGRAPH 6, SECTION 4 OF "JOINT PASSENGER AGREEMENT COVERING MOVEMENT OF MEMBERS OF THE CIVILIAN CONSERVATION CORPS ENTERED INTO BY THE UNITED STATES WAR DEPARTMENT AND THE CARRIERS IN THE TERRITORIES OF THE SOUTHWESTERN PASSENGER ASSOCIATION, TRANS-CONTINENTAL PASSENGER ASSOCIATION, WESTERN PASSENGER ASSOCIATION, EFFECTIVE APRIL 16, 1933: "

THE FARES ESTABLISHED ON THE BASES SET FORTH IN THIS SECTION APPLY ONLY FROM REGULAR PASSENGER STATIONS OF THE CARRIERS PARTIES TO THIS AGREEMENT AND ONLY TO THE REGULAR PASSENGER STATIONS AT DESTINATION LOCATED ON THE RAIL LINES PARTIES TO THIS AGREEMENT. IF IN ANY CASE CARS ARE REQUIRED TO BE SWITCHED FROM LOCATIONS ON OR ADJACENT TO GOVERNMENTAL ACTIVITIES AT POINT OF ORIGIN OR AT DESTINATION, THE REGULAR PER CAR SWITCHING CHARGES APPLICABLE TO MILITARY TRAFFIC, SUBJECT TO THE JOINT MILITARY PASSENGER AGREEMENT, AS SET FORTH IN AGREEMENTS ON FILE WITH THE QUARTERMASTER GENERAL SHALL APPLY. * * *

THE PROVISION THUS QUOTED WAS GIVEN EFFECT IN THE SETTLEMENT HERE IN THAT THE CHARGES AUTHORIZED UNDER MILITARY CIRCULAR 613, WERE ALLOWED. THAT IS TO SAY SWITCHING CHARGES TO THE EXTENT OF $80 AS AUTHORIZED UNDER THE CIRCULAR FOR SWITCHING THE CARS REQUIRED FOR THE TRANSPORTATION OF THE TROOPS AND THEIR BAGGAGE, WERE ALLOWED. THE CIRCULAR DOES NOT PRESCRIBE ANY SWITCHING CHARGE AS APPLICABLE ON SHIPMENTS OF MILITARY IMPEDIMENTA AND SO THE SWITCHING CHARGE CLAIMED WITH RESPECT TO THE CAR CONTAINING ONLY MILITARY IMPEDIMENTA WAS PROPERLY DISALLOWED.

IT IS URGED, HOWEVER, THAT SINCE THIS IMPEDIMENTA WAS TRANSPORTED IN A BAGGAGE CAR THE SWITCHING CHARGE IS AUTHORIZED IN CONSEQUENCE OF AN AMENDMENT TO THE MILITARY CIRCULAR AS PROPOSED IN LETTER DATED APRIL 14, 1932, FROM THE CHAIRMAN OF THE WESTERN MILITARY BUREAU AS FOLLOWS:

THE SWITCHING CHARGES SPECIFIED HEREIN FOR SWITCHING BAGGAGE CARS (OR BOXCARS FURNISHED IN LIEU THEREOF) INCLUDE ONLY THE TRANSPORTATION OF THE CAR AND PERSONAL CHECKABLE BAGGAGE OR COMPANY MATERIAL TRANSPORTED IN BAGGAGE SERVICE UNDER THE COMMERCIAL BAGGAGE TARIFFS, AND DO NOT INCLUDE TRANSPORTATION OF IMPEDIMENTA LOADED IN SUCH CARS. WHEN PERMISSION IS GIVEN TO LOAD IMPEDIMENTA IN BAGGAGE CARS (OR BOXCARS FURNISHED IN LIEU THEREOF), THE CHARGES FOR THE TRANSPORTATION OF SUCH IMPEDIMENTA, AS SET FORTH IN THE FREIGHT TARIFFS AND CLASSIFICATIONS, SHALL APPLY IN ADDITION TO THE SWITCHING CHARGE SPECIFIED HEREIN.

THE RECORD SHOWS THAT THE ABOVE PROVISION WAS ESTABLISHED FOR THE PURPOSE OF PRECLUDING THE APPLICATION AGAINST SWITCHING CHARGES ON BAGGAGE CARS REQUIRED FOR THE TRANSPORTATION OF CHECKABLE BAGGAGE, OF REVENUE ACCRUING FROM FREIGHT CHARGES TRANSPORTED IN SAID CARS WITH THE CHECKABLE BAGGAGE. THUS THE LETTER OF APRIL 14, 1932, FROM THE CHAIRMAN, WESTERN MILITARY BUREAU, TO THE QUARTERMASTER GENERAL, CHIEF, MILITIA BUREAU, CHIEF, BUREAU OF NAVIGATION, AND QUARTERMASTER, UNITED STATES MARINE CORPS, PROPOSING THE ABOVE PROVISION AS AN AMENDMENT TO MILITARY CIRCULAR 613, STATED THE FOLLOWING AS THE OCCASION AND THE PURPOSE OF THE AMENDMENT:

AS YOU ARE NO DOUBT AWARE THE WESTERN CARRIERS HAVE EXTENDED TO THE MILITARY BRANCHES FOR THEIR CONVENIENCE, PARTICULARLY FOR NATIONAL GUARD MOVEMENTS, THE PRIVILEGE OF HANDLING IN BAGGAGE CARS (OR BOXCARS FURNISHED IN LIEU THEREOF) SMALL LOTS OF IMPEDIMENTA FOR WHICH THE TRANSPORTATION CHARGES ARE PAYABLE UNDER THE FREIGHT TARIFFS AND CLASSIFICATIONS, IN ADDITION TO THE TRANSPORTATION OF PERSONAL CHECKABLE BAGGAGE AND COMPANY MATERIAL HANDLED IN BAGGAGE SERVICE UNDER THE COMMERCIAL BAGGAGE TARIFFS.

THE SWITCHING CHARGES TO AND FROM MILITARY POSTS AND CAMPS IN WESTERN TERRITORY FOR MOVEMENTS OF PASSENGER AND BAGGAGE CARS (OR BOXCARS FURNISHED IN LIEU THEREOF) ARE APPLICABLE FOR MOVEMENTS IN PASSENGER SERVICE ONLY FOR THE TRANSPORTATION OF THE CARS AND OCCUPANTS IN CONNECTION WITH PASSENGER CARS AND FOR THE TRANSPORTATION OF PERSONAL CHECKABLE BAGGAGE OR COMPANY PROPERTY, HANDLED IN BAGGAGE SERVICE, UNDER THE PROVISIONS OF WESTERN LINES JOINT BAGGAGE TARIFF, AND DO NOT INCLUDE THE TRANSPORTATION OF ANY IMPEDIMENTA LOADED IN BAGGAGE CARS (OR BOXCARS FURNISHED IN LIEU THEREOF), THE TRANSPORTATION OF WHICH IS SUBJECT TO PROVISIONS OF FREIGHT TARIFFS AND CLASSIFICATIONS.

TO PRECLUDE CONTROVERSIES BETWEEN THE ACCOUNTING OFFICERS OF THE CARRIERS AND THE DISBURSING AND ACCOUNTING OFFICERS OF THE GOVERNMENT, ALL TARIFFS ON FILE WITH THE INTERSTATE COMMERCE COMMISSION COVERING SWITCHING CHARGES OF BAGGAGE CARS (OR BOXCARS FURNISHED IN LIEU THEREOF) WILL BE SUPPLEMENTED TO CONFINE THE APPLICATION OF THE SWITCHING CHARGES TO EXCLUSIVELY PASSENGER TRAFFIC, AND THE FOLLOWING PARAGRAPH IS FILED WITH YOU AS AN AMENDMENT TO THE ITEMS SET FORTH BELOW APPEARING IN MILITARY CIRCULAR 613, EFFECTIVE AS OF THIS DATE.

IT WOULD SEEM TO BE OBVIOUS THAT THE PER CAR SWITCHING CHARGES INSTITUTED FOR APPLICATION "TO EXCLUSIVELY PASSENGER TRAFFIC" CAN HAVE NO APPLICATION TO THE SWITCHING OF A CAR LOADED ONLY WITH FREIGHT. IN OTHER WORDS, THE AMENDMENT PRECLUDES THE APPLICATION OF FREIGHT REVENUE, ACCRUING ON IMPEDIMENTA TRANSPORTED IN CARS FOR WHICH SWITCHING CHARGES ARE OTHERWISE APPLICABLE, FROM BEING APPLIED IN REDUCTION OR SATISFACTION OF THE SWITCHING CHARGES. THE AMENDMENT, HOWEVER, DOES NOT CREATE ADDITIONAL RIGHTS TO SWITCHING CHARGES ON CARS FOR WHICH SWITCHING CHARGES ARE NOT OTHERWISE APPLICABLE. WHERE THE EQUIPMENT SWITCHED IS REQUIRED AND USED FOR PASSENGER SERVICE, I.E., FOR THE TRANSPORTATION OF PASSENGERS AND THEIR BAGGAGE, THE CIRCULAR CONTEMPLATES THE APPLICATION OF THE SWITCHING CHARGES PRESCRIBED THEREIN, WHETHER THE EQUIPMENT USED FOR THE TRANSPORTATION OF THE BAGGAGE IS PASSENGER EQUIPMENT (I.E., BAGGAGE CARS) OR FREIGHT EQUIPMENT (I.E., BOXCARS) FURNISHED AND USED IN LIEU OF BAGGAGE CARS. THE CIRCULAR DOES NOT CONTEMPLATE THE PAYMENT OF SWITCHING CHARGES ON EQUIPMENT NOT REQUIRED FOR THE TRANSPORTATION OF PASSENGERS AND THEIR BAGGAGE, HOWEVER, AND ACCORDINGLY THE SWITCHING CHARGE CLAIMED ON EQUIPMENT IN WHICH ONLY FREIGHT LADING WAS TRANSPORTED WAS REQUIRED TO BE DISALLOWED. INSOFAR AS THE TRANSPORTATION OF MILITARY IMPEDIMENTA IN CONNECTION WITH THESE MOVEMENTS IS CONCERNED, THE CHARGES ARE FOR DETERMINATION IN ACCORDANCE WITH APPLICABLE FREIGHT TARIFFS.

CONCERNING THE FACT THAT THIS SHIPMENT WAS TRANSPORTED IN A BAGGAGE CAR AND MOVED IN A TRAIN WITH TROOPS, IT IS TO BE NOTED THAT THE FREIGHT RATING PRESCRIBED FOR MILITARY IMPEDIMENTA IN CONSOLIDATED FREIGHT CLASSIFICATION NO. 7, EFFECTIVE AT THE TIME OF THIS SERVICE WAS APPLICABLE ON IMPEDIMENTA "TRANSPORTED IN TRAINS WITH TROOPS OR IN CONNECTION WITH TROOP MOVEMENTS.' SEE ITEM 1, PAGE 387, C.F.C. NO. 7. THUS THE CHARGE PRESCRIBED BY TARIFF FOR THE TRANSPORTATION OF MILITARY IMPEDIMENTA FROM FORT SNELLING TO THE DESTINATION HERE CONCERNED WAS APPLICABLE WHETHER THE SHIPMENT MOVED IN TRAINS WITH TROOPS OR OTHERWISE AND THE CHARGES SO APPLICABLE UNDER THE TARIFF MAY NOT BE INCREASED BY AGREEMENT FOR THE ADDITION OF OTHER CHARGES MERELY BECAUSE THE SHIPMENT MOVED IN A TRAIN WITH TROOPS.