A-84815, MAY 24, 1937, 16 COMP. GEN. 1027

A-84815: May 24, 1937

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THE INBOUND MOVEMENT TO TOPEKA WOULD BE "WAYBILLED" THERETO AT THE RATE FROM KINCAID TO TOPEKA BUT IF RESHIPMENT WAS MADE FROM TOPEKA THE APPLICABLE THROUGH RATE TO THE ULTIMATE DESTINATION (SALINA HERE) WOULD BE THAT FROM KINCAID THERETO IN EFFECT AS OF DATE OF SHIPMENT FROM KINCAID. THE RATE FROM KINCAID TO TOPEKA APPARENTLY WAS 22.5 CENTS PER 100 POUNDS. THE CONTEMPORANEOUS APPLICABLE THROUGH RATE FROM KINCAID TO SALINA APPARENTLY WAS 27.5 CENTS BEING A COMBINATION OF THE 11.5-CENT RATE TO KANSAS CITY AND A 16-CENT RATE FROM KANSAS CITY TO SALINA. - * * * THIS SHIPMENT WAS NOT THE PROPERTY OF THE GOVERNMENT AT POINT OF ORIGIN AND DID NOT BECOME THEIR PROPERTY UNTIL PURCHASED * * * AT TOPEKA * * *.

A-84815, MAY 24, 1937, 16 COMP. GEN. 1027

TRANSPORTATION - LAND-GRANT DEDUCTIONS - THROUGH RATES WITH INTERMEDIATE TRANSIT POINTS WHERE TARIFFS DESIGNATE THROUGH RATES FROM ORIGINAL SHIPPING POINTS TO ULTIMATE DESTINATIONS WITH TRANSIT PRIVILEGES AT INTERMEDIATE POINTS AT WHICH UNITED STATES ACQUIRES PROPERTY, LAND-GRANT-AIDED CARRIERS MAY NOT RECEIVE IN EXCESS OF 50 PERCENT OF THE PROPORTIONATE PARTS OF THE RATES OR CHARGES THEY WOULD IN EFFECT COLLECT FROM COMMERCIAL SHIPPERS FOR THE TRANSPORTATION OVER THE LAND-GRANT-AIDED PORTIONS OF THEIR RAILROADS BEYOND THE TRANSIT POINTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE FREIGHT AUDITOR, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., MAY 24, 1937:

YOUR LETTERS OF JANUARY 26, 1937 (G-17833; G-17835), REQUEST REVIEW OF SETTLEMENTS T-109174 1/2 AND T-109176 1/2, DATED JANUARY 19, 1937, WHICH DISALLOWED CLAIMS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. FOR TRANSPORTATION OF OATS FROM TOPEKA, KANS., TO SALINA, KANS., AND FROM WICHITA, KANS., TO ST. JOHN, KANS., UNDER BILLS OF LADING A 808517, A- 808515, RESPECTIVELY, MARCH 6-5, 1935.

THE UNITED STATES BOUGHT THE OATS SHIPPED TO SALINA UNDER BILL OF LADING A-808517 AT TOPEKA, THE VENDOR FURNISHING "TRANSIT TONNAGE" OF OATS SHIPPED FROM KINCAID, KANS., TO TOPEKA. UNDER THE PROVISIONS OF ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. TARIFF I.C.C. NO. 12246, THE INBOUND MOVEMENT TO TOPEKA WOULD BE "WAYBILLED" THERETO AT THE RATE FROM KINCAID TO TOPEKA BUT IF RESHIPMENT WAS MADE FROM TOPEKA THE APPLICABLE THROUGH RATE TO THE ULTIMATE DESTINATION (SALINA HERE) WOULD BE THAT FROM KINCAID THERETO IN EFFECT AS OF DATE OF SHIPMENT FROM KINCAID; AND THE SHIPMENT FROM TOPEKA WOULD BE "REBILLED" THEREFROM AT THE "DIFFERENCE BETWEEN THE RATE APPLIED ORIGIN (KINCAID) TO TRANSIT STATION (TOPEKA) AND THE THROUGH RATE (FROM KINCAID TO SALINA).'

THE RATE FROM KINCAID TO TOPEKA APPARENTLY WAS 22.5 CENTS PER 100 POUNDS, BEING A COMBINATION OF RATES OF 11.5 CENTS AND 11 CENTS TO AND BEYOND KANSAS CITY, MO. THE CONTEMPORANEOUS APPLICABLE THROUGH RATE FROM KINCAID TO SALINA APPARENTLY WAS 27.5 CENTS BEING A COMBINATION OF THE 11.5-CENT RATE TO KANSAS CITY AND A 16-CENT RATE FROM KANSAS CITY TO SALINA. THUS THE SHIPMENT FROM TOPEKA TO SALINA WOULD BE "REBILLED" AT 5 CENTS PER 100 POUNDS.

THE CARRIER CLAIMED (BILL 17833) $18.53 ON THE BASIS OF 5 CENTS PER 100 POUNDS LESS DEDUCTION FOR LAND-GRANT AID TO THE CARRIER'S RAILROAD BETWEEN TOPEKA AND SALINA. G. F. ALLEN, CHIEF DISBURSING OFFICER, PAID $10.18 ON VOUCHER 95820 JULY 19, 1935, COMPUTED AS BY APPORTIONING TO AND BEYOND TOPEKA ON MILEAGE PRORATE BASIS THE REVENUE WHICH WOULD ACCRUE FROM THE 16 -CENT FACTOR FROM KANSAS CITY TO SALINA AND DEDUCTING FROM THE TOPEKA- SALINA PROPORTION THE APPROPRIATE PERCENTAGE FOR LAND-GRANT AID. ON THIS BASIS OF THE REVENUE PER 100 POUNDS WHICH WOULD BE RECEIVED BY THE CARRIER FOR A LIKE COMMERCIAL SHIPMENT 28.1 PERCENT (OR 4.496 CENTS) WOULD ACCRUE FROM KANSAS CITY TO TOPEKA AND 71.9 PERCENT (OR 11.504 CENTS) WOULD ACCRUE FROM TOPEKA TO SALINA. THE PERCENTAGE OF DEDUCTION FOR LAND-GRANT AID BETWEEN TOPEKA AND SALINA BEING 25.75, THERE WOULD BE A DIFFERENCE OF APPROXIMATELY 1.675 CENTS BETWEEN DEDUCTIONS BASED ON THE INTRANSIT BALANCE (5 CENTS) OF THE KANSAS CITY-SALINA RATE AT WHICH THE SHIPMENT WOULD BE "REBILLED" FROM TOPEKA AND THE PROPORTIONATE PART OF THE KANSAS CITY-SALINA RATE WHICH WOULD ACCRUE FOR THE SERVICE FROM TOPEKA TO SALINA. THE SHIPMENT WEIGHED 49,920 POUNDS AND THE DIFFERENCE IN DOLLARS AND CENTS WOULD BE $8.36 OR APPROXIMATELY THE DIFFERENCE BETWEEN THE AMOUNT ($18.53) CLAIMED BY THE CARRIER ON BILL 17833 AND THE AMOUNT ($10.18) PAID BY THE DISBURSING OFFICER ON VOUCHER 95820.

THE CARRIER CLAIMED THE DIFFERENCE OF $8.35 URGING---

* * * THIS SHIPMENT WAS NOT THE PROPERTY OF THE GOVERNMENT AT POINT OF ORIGIN AND DID NOT BECOME THEIR PROPERTY UNTIL PURCHASED * * * AT TOPEKA * * *. THE THROUGH RATE WAS 27 1/2 CENTS OF THIS 22 1/2 CENTS HAD BEEN PAID IN BY A PARTY OTHER THAN THE GOVERNMENT. THERE REMAINED THEREFORE 5 CENTS A CWT. UPON WHICH WAS APPLIED THE APPLICABLE LAND GRANT. * * *

THE CLAIM FOR $8.35 WAS DISALLOWED BY SETTLEMENT T-109174 1/2.

THE UNITED STATES BOUGHT THE OATS SHIPPED TO ST. JOHN UNDER BILL OF LADING A-808515 AT WICHITA, THE VENDOR FURNISHING "TRANSIT TONNAGE" OF OATS SHIPPED FROM NEW SALEM, KANS., TO WICHITA. THE RATE FROM NEW SALEM TO WICHITA WAS 9.5 CENTS PER 100 POUNDS AND THE CONTEMPORANEOUS APPLICABLE THROUGH RATE FROM NEW SALEM TO ST. JOHN WAS 16 CENTS. THUS THE SHIPMENT FROM WICHITA TO ST. JOHN WOULD BE "REBILLED" AT 6.5 CENTS PER 100 POUNDS.

THE CARRIER CLAIMED (BILL 17835) $26.71 ON THE BASIS OF 6.5 CENTS PER 100 POUNDS LESS DEDUCTION FOR LAND-GRANT AID TO THE CARRIER'S RAILROAD BETWEEN WICHITA AND ST. JOHN. THE CHIEF DISBURSING OFFICER PAID $23.29 ON VOUCHER 95821, JULY 19, 1935, COMPUTED AS BY APPORTIONING TO AND BEYOND WICHITA ON MILEAGE PRORATE BASIS, THE REVENUE WHICH WOULD ACCRUE FROM THE 16-CENT RATE AND DEDUCTING FROM THE WICHITA-ST. JOHN PROPORTION THE APPROPRIATE PERCENTAGE FOR LAND GRANT AID. ON THIS BASIS OF THE REVENUE PER 100 POUNDS WHICH WOULD BE RECEIVED BY THE CARRIER FOR A LIKE COMMERCIAL SHIPMENT 30.5 PERCENT (OR 4.88 CENTS) WOULD ACCRUE FROM NEW SALEM TO WICHITA AND 69.5 PERCENT (OR 11.12 CENTS) WOULD ACCRUE FROM WICHITA TO ST. JOHN. THE PERCENTAGE OF DEDUCTION BETWEEN WICHITA AND ST. JOHN BEING 15.289 THERE WOULD BE A DIFFERENCE OF APPROXIMATELY 0.706 CENT BETWEEN DEDUCTIONS BASED ON THE INTRANSIT BALANCE (6.5 CENTS) OF THE 16-CENT THROUGH RATE AT WHICH THE SHIPMENT WOULD BE "REBILLED" FROM WICHITA TO ST. JOHN AND THE PROPORTIONATE PART OF THE 16-CENT RATE WHICH WOULD ACCRUE FOR THE SERVICE FROM WICHITA TO ST. JOHN. THE SHIPMENT WEIGHED 48,500 POUNDS AND THE DIFFERENCE IN DOLLARS AND CENTS WOULD BE $3.42 OR THE DIFFERENCE BETWEEN THE AMOUNT ($26.71) CLAIMED BY THE CARRIER ON BILL 17835 AND THE AMOUNT ($23.29) PAID ON VOUCHER 95821. THE CARRIER CLAIMED THE DIFFERENCE OF $3.42 URGING---

THIS SHIPMENT * * * WAS TRANSPORTED INTO THE MILLING POINT, WICHITA, KANS. ON COMMERCIAL BILL OF LADING. THESE OATS WERE NOT THE PROPERTY OF THE GOVERNMENT UNTIL PURCHASE AT WICHITA * * *. THE REMAINDER OF THE 16 CENTS THROUGH RATE AFTER PAID IN IS DEDUCTED LEAVES 6 1/2 CENTS AND IS SUBJECT TO THE USUAL LAND GRANT DEDUCTION * * *.

THE CLAIM FOR $3.42 WAS DISALLOWED BY SETTLEMENT T-109176 1/2.

THE REQUESTS FOR REVIEW OF THE TWO SETTLEMENTS ARE SIMILAR IN TENOR AND DO NOT EMBODY ANYTHING PERTINENT NOT SET FORTH HEREINBEFORE. THE CARRIER MAKES FURTHER CLAIM FOR $8.35 AND $3.42 FOR THE RESPECTIVE SERVICES.

THE CARRIER'S RAILROAD BEYOND TOPEKA TO SALINA AND BEYOND WICHITA TO ST. JOHN WAS CONSTRUCTED IN PART BY THE AID OF LAND GRANTS UPON CONDITION THAT THE AIDED LINES---

* * * SHALL BE AND REMAIN PUBLIC HIGHWAYS, FOR THE USE OF THE GOVERNMENT OF THE UNITED STATES, FREE FROM ALL TOLL OR OTHER CHARGE UPON THE TRANSPORTATION OF ANY PROPERTY OR TROOPS OF THE UNITED STATES. (ACT OF MARCH 3, 1863, 12 STAT. 772 (773), CHAPTER 98, SECTION 3.)

IN ATCHISON, TOPEKA AND SANTA FE RAILROAD CO. V. UNITED STATES, 93 U.S. 442, THE SUPREME COURT OF THE UNITED STATES SAID---

* * * WHEN THIS RIGHT OF THE USE OF THE ROAD IS GRANTED "FREE FROM ALL TOLL OR OTHER CHARGE FOR TRANSPORTATION OF ANY PROPERTY OR TROOPS OF THE UNITED STATES," IT ONLY MEANS THAT THE GOVERNMENT SHALL NOT BE SUBJECT TO ANY TOLL FOR SUCH USE OF THE ROAD. AND IN THE LAND-GRANT RAILROAD CASE (ATCHISON, TOPEKA AND SANTA FE RAILROAD CO. V. THE UNITED STATES), 15 CT.CLS. 126, THE COURT SAID (P. 139/---

THE CLAIMANTS ARE ENTITLED TO RECOVER, * * * EXACTLY AND ONLY WHAT THEY COLLECT FROM THE PUBLIC FOR THE SAME KIND AND EXTENT OF SERVICE. THE GOVERNMENT IS ENTITLED TO NO FAVOR, AND, ON THE OTHER HAND, IS NOT TO BE SUBJECTED TO WRONG. ITS STATUTORY CONTRACT WITH THE CLAIMANTS * * * OBLIGES IT TO PAY * * * AT THE CLAIMANTS' ORDINARY TARIFF RATES, THROUGH OR LOCAL, AS THE HAULING MAY BE THROUGH OR LOCAL, LESS SO MUCH OF THE SAME AS ARE COLLECTED FOR AND APPLICABLE TO THE PORTION OF THE CLAIMANTS' PROPERTY WHICH THE DEFENDANTS ARE ENTITLED TO USE WITHOUT CHARGE. * * * AND (P. 148/---

* * * CONGRESS HAS PRACTICALLY AGREED THAT * * * 50 PERCENT OF ITS GROSS EARNINGS IS A FAIR COMPENSATION TO THE COMPANY FOR THE ACTUAL COST OF TRANSPORTATION AND SUCH PART OF THE PROFITS UPON TRANSPORTATION AS ARE EARNED BY THE COMPANY OUT OF THE GOVERNMENT. WE HAVE, THEREFORE, FELT OURSELVES JUSTIFIED IN FINDING AS A FACT THAT 50 PERCENT OF GROSS EARNINGS IS SUCH A PROPER COMPENSATION.

CONCERNING THIS THE COURT SAID IN NORTHERN PACIFIC RAILWAY CO. V. THE UNITED STATES, 72 CT.CLS. 563---

IN ATCHISON, TOPEKA AND SANTA FE R.R. CO. V. UNITED STATES, 15 CT.CLS. 126, THIS COURT HAD BEFORE IT THE QUESTION OF THE "FAIR COMPENSATION * * * FOR THE ACTUAL COST OF TRANSPORTATION AND SUCH PART OF THE PROFITS UPON TRANSPORTATION AS ARE EARNED" ON ARMY BUSINESS BY A LAND-GRANT CARRIER ORGANIZED UNDER SECTION 3 OF THE ACT OF MARCH 3, 1863 (12 STAT. 772, 773) * * *. THIS COURT * * * FIXED SUCH FAIR COMPENSATION AT 50 PERCENT OF RATES CHARGED THE PUBLIC. WHILE THIS DECISION APPLIED SPECIFICALLY TO ARMY TRANSPORTATION, IT HAS BEEN APPLIED IN PRACTICE APPARENTLY TO TRANSPORTATION OF PROPERTY OF THE UNITED STATES REGARDLESS OF THE PARTICULAR GOVERNMENT DEPARTMENT OR ESTABLISHMENT APPEARING AS THE SHIPPING AGENT.

AND BY THE ACT OF JUNE 7, 1924 (43 STAT. 477 (486) (, IT IS PROVIDED --

THAT HEREAFTER PAYMENT SHALL BE MADE AT SUCH RATES AS THE SECRETARY OF WAR SHALL DEEM JUST AND REASONABLE AND SHALL NOT EXCEED 50 PERCENTUM OF THE FULL AMOUNT OF COMPENSATION, COMPUTED ON THE BASIS OF THE TARIFF OR LOWER SPECIAL RATES FOR LIKE TRANSPORTATION PERFORMED FOR THE PUBLIC AT LARGE, FOR THE TRANSPORTATION OF PROPERTY OR TROOPS OF THE UNITED STATES OVER ANY RAILROAD WHICH UNDER LAND-GRANT ACTS WAS AIDED IN ITS CONSTRUCTION BY A GRANT OF LAND ON CONDITION THAT SAID RAILROAD SHALL BE AND REMAIN A PUBLIC HIGHWAY FOR THE USE OF THE UNITED STATES, AND FOR WHICH ADJUSTMENT OF COMPENSATION IS REQUIRED IN ACCORDANCE WITH DECISIONS OF THE SUPREME COURT CONSTRUING SUCH LAND GRANT ACTS, * * * AND SUCH PAYMENT SHALL BE ACCEPTED AS IN FULL FOR ALL DEMANDS FOR SUCH SERVICE.

IT SEEMS CLEAR THEREFORE THAT THE CARRIER HERE IS REQUIRED TO FURNISH THIS TRANSPORTATION OVER THE LAND-GRANT AIDED PORTIONS OF ITS RAILROAD FREE OF ANY CHARGE FOR THE USE THEREOF; AND THAT FOR SUCH TRANSPORTATION OVER SUCH AIDED PORTIONS OF ITS RAILROAD THE CARRIER IS ENTITLED TO RECEIVE ONLY 50 PERCENT OF THE CARRIER'S GROSS EARNINGS BASED ON RATES, THROUGH OR LOCAL, AS THE HAULING IS THROUGH OR LOCAL, CHARGED THE PUBLIC AT LARGE FOR LIKE TRANSPORTATION.

IN THE INSTANT CASE, AS THE TARIFFS NAMING THE THROUGH RATES FROM KINCAID AND NEW SALEM AUTHORIZED THE TRANSIT SERVICE AT TOPEKA AND WICHITA, THOSE RATES WOULD BE APPLICABLE FOR THE ENTIRE MOVEMENTS FROM KINCAID TO SALINA AND FROM NEW SALEM TO ST. JOHN AND SUCH MOVEMENTS MUST BE REGARDED AS THROUGH MOVEMENTS. SIMONDS-SHIELDS-LONSDALE GRAIN CO. V. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. ET AL., 219 I.C.C. 415. AND ALTHOUGH THE CARRIER WOULD COLLECT FROM THE CONSIGNEES, IF THESE WERE COMMERCIAL SHIPMENTS, ONLY 5 CENTS PER 100 POUNDS AND 6.5 CENTS PER 100 POUNDS, RESPECTIVELY, IT SEEMS THAT THIS WOULD NOT BE THE MEASURE OF COMPENSATION TO THE CARRIER FOR THE SERVICES BEYOND TOPEKA AND WICHITA, BUT MERELY PROTECTION OF THE THROUGH RATES TO WHICH THE SHIPMENTS WOULD BE ENTITLED. THE COLLECTION BY THE CARRIER AT TOPEKA AND WICHITA OF THE 22.5 CENTS AND 9.5 CENTS RATES LIKEWISE WOULD NOT BE THE MEASURE OF THE COMPENSATION FOR THE SERVICES FROM KINCAID TO TOPEKA AND FROM NEW SALEM TO WICHITA, BEING APPARENTLY ONLY FOR THE PROTECTION BY THE CARRIERS OF THE RATES FROM KINCAID TO TOPEKA AND FROM NEW SALEM TO WICHITA TO WHICH THEY WOULD BE ENTITLED IN EVENT THE MATERIAL WAS DISPOSED OF LOCALLY AT TOPEKA AND WICHITA WITHOUT FURTHER TRANSPORTATION THEREFROM.

THE MOVEMENTS BEING THROUGH TO SALINA AND ST. JOHN, HOWEVER, AND THE SPECIFIC KANSAS CITY-SALINA AND NEW SALEM-ST. JOHN RATES OF 16 CENTS ACCRUING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., THIS AIDED CARRIER WOULD IN EFFECT COLLECT $79.87 AND $77.60 ON LIKE COMMERCIAL SHIPMENTS FOR ITS SERVICES AND PART OF THESE STATED AMOUNTS WOULD BE FOR SERVICE OVER THE LAND-GRANT AIDED RAILROAD IN THE RATIO OF LAND GRANT AIDED MILEAGE TO THROUGH MILEAGE IN THE CARRIER'S RAILROAD FROM KANSAS CITY TO SALINA AND FROM NEW SALEM TO ST. JOHN. UPON THIS RECORD NO GOOD REASON APPEARS WHY THE AIDED CARRIER SHOULD RECEIVE FOR THE TRANSPORTATION HERE CONCERNED IN EXCESS OF 50 PERCENT OF THE PROPORTIONATE PARTS OF THE RATES OR CHARGES IT WOULD IN EFFECT COLLECT FROM A COMMERCIAL SHIPPER FOR THE USE OF AND TRANSPORTATION OVER THE LAND-GRANT AIDED PORTION OF ITS RAILROAD. IT DOES NOT APPEAR THAT ANY GIVEN PROPORTION OF THE AMOUNTS OF $79.87 AND $77.60 WOULD ACCRUE FOR SERVICE OVER ANY GIVEN PART OF THE CARRIER'S RAILROAD FROM KANSAS CITY TO SALINA AND FROM NEW SALEM TO ST. JOHN, RESPECTIVELY, AND IT SEEMS, THEREFORE, THE STATED AMOUNTS ARE AS FOR MILEAGE PRORATA DISTRIBUTION OVER THE ENTIRE DISTANCES. THE CARRIER'S RAILROAD FROM KANSAS CITY TO SALINA VIA TOPEKA BEING 231.66 MILES IN LENGTH AND 85.26 MILES THEREOF (BEYOND TOPEKA TO NEVA), BEING CONSTRUCTED WITH THE AID OF LAND GRANTS, THE PROPORTIONATE COLLECTION FROM A COMMERCIAL SHIPPER FOR SERVICE OVER THE AIDED RAILROAD WOULD BE $29.39 (36.8 PERCENT OF $79.87) AND 50 PERCENT THEREOF $14.695. SUBTRACTING THIS LAST AMOUNT FROM $79.87 AND ADDING TO THE REMAINDER $57.41 APPARENTLY COLLECTED BY THE CARRIER FOR THAT PART OF THE SERVICE FROM KINCAID TO KANSAS CITY RESULTS IN A TOTAL AMOUNT OF $122.585. THE CARRIER APPARENTLY COLLECTED $112.32 (49,920 POUNDS AT 22.5 CENTS PER 100 POUNDS) AT TOPEKA, AND WAS PAID $10.18 ON VOUCHER 95820 MAKING CARRIER'S TOTAL COMPENSATION $122.50 OR $8.35 LESS THAN TOTAL AMOUNT COLLECTED AT TOPEKA AND CLAIMED AS FROM TOPEKA TO SALINA. THE CARRIER'S RAILROAD FROM NEW SALEM VIA WICHITA AND NEWTON TO ST. JOHN BEING 155 MILES IN LENGTH AND APPROXIMATELY 33.08 MILES THEREOF (BEYOND NEWTON TO HUTCHINSON) BEING CONSTRUCTED WITH AID OF LAND GRANTS THE PROPORTIONATE COLLECTION FROM A COMMERCIAL SHIPPER FOR SERVICE OVER THE AIDED RAILROAD WOULD BE $16.56 (21.342 PERCENT OF $77.60) AND 50 PERCENT THEREOF $8.28. SUBTRACTING THIS LAST AMOUNT FROM $77.60 LEAVES $69.32. THE CARRIER APPARENTLY COLLECTED $46.08 (48,500 POUNDS AT 9.5 CENTS PER 100 POUNDS) AT WICHITA, AND WAS PAID $23.29 ON VOUCHER 95821 MAKING CARRIER'S TOTAL COMPENSATION $69.37 OR $3.42 LESS THAN THE TOTAL AMOUNT COLLECTED AT WICHITA AND CLAIMED AS FROM WICHITA TO ST. JOHN.

IT DOES NOT APPEAR THAT THE SETTLEMENTS SHOULD BE MODIFIED AS URGED BY THE CARRIER AND, ACCORDINGLY, THE CLAIMS FOR $8.35 AND $3.42 ARE DISALLOWED.