A-98701, OCTOBER 22, 1938, 18 COMP. GEN. 368

A-98701: Oct 22, 1938

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THE PERSONNEL TRANSPORTED FROM POINT OF ORIGIN IS LESS THAN THE MINIMUM NUMBER SO REQUIRED. NO AMOUNT IN ADDITION TO THE ESTABLISHED RATES FOR THE ACTUAL PERSONNEL SO TRANSPORTED IS FOR PAYMENT TO THE CARRIER WHERE THE REVENUE FROM THE SPECIAL TRAIN SERVICE IS INCREASED BEYOND THE MINIMUM SO CONTEMPLATED BY THE ADDITION OF ANOTHER CONTINGENT EN ROUTE TO DESTINATION. WHERE THE ONLY AUTHORITY FOR CHARGES AT THE POINT OF TRANSFER PROVIDES THAT "PASSENGERS WILL ARRANGE TRANSFER OF THEMSELVES. " AND THAT "TRANSFER CHARGE FOR EACH PIECE OF BAGGAGE UNDER THROUGH CHECK WILL BE 15 CENTS. " THERE IS NO BASIS FOR A CHARGE FOR THE TRANSFER OF EITHER CIVILIAN CONSERVATION CORPS PERSONNEL. WAS MADE OUT TO REQUEST THE MISSOURI PACIFIC RAILROAD CO.

A-98701, OCTOBER 22, 1938, 18 COMP. GEN. 368

TRANSPORTATION - CIVILIAN CONSERVATION CORPS - SPECIAL TRAIN SERVICE - TRANSFER AND MINIMUM TRANSPORTATION CHARGES WHERE THE APPLICABLE CIVILIAN CONSERVATION CORPS AGREEMENT PROVIDES FOR THE FURNISHING OF SPECIAL TRAIN SERVICE AT THE ESTABLISHED RATES ONLY IN CASES OF PERSONNEL MOVEMENTS OF A SPECIFIED MINIMUM NUMBER, AND THE PERSONNEL TRANSPORTED FROM POINT OF ORIGIN IS LESS THAN THE MINIMUM NUMBER SO REQUIRED, NO AMOUNT IN ADDITION TO THE ESTABLISHED RATES FOR THE ACTUAL PERSONNEL SO TRANSPORTED IS FOR PAYMENT TO THE CARRIER WHERE THE REVENUE FROM THE SPECIAL TRAIN SERVICE IS INCREASED BEYOND THE MINIMUM SO CONTEMPLATED BY THE ADDITION OF ANOTHER CONTINGENT EN ROUTE TO DESTINATION. WHERE THE ONLY AUTHORITY FOR CHARGES AT THE POINT OF TRANSFER PROVIDES THAT "PASSENGERS WILL ARRANGE TRANSFER OF THEMSELVES," AND THAT "TRANSFER CHARGE FOR EACH PIECE OF BAGGAGE UNDER THROUGH CHECK WILL BE 15 CENTS," THERE IS NO BASIS FOR A CHARGE FOR THE TRANSFER OF EITHER CIVILIAN CONSERVATION CORPS PERSONNEL, OR THEIR BAGGAGE, WHERE TRANSPORTED IN SPECIAL TRAIN SERVICE UNDER THE AGREEMENT APPLICABLE TO SUCH PERSONNEL.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE MISSOURI PACIFIC RAILROAD COMPANY, OCTOBER 22, 1938:

THERE HAS BEEN CONSIDERED THE MATTER OF YOUR SUPPLEMENTAL BILL 9163 B FOR $91.58 FOR THE TRANSPORTATION OF CIVILIAN CONSERVATION CORPS PERSONNEL AND ESCORTS FROM OZARK, ARK., TO CHICOPEE, MO., IN OCTOBER 1934, PURSUANT TO TRANSPORTATION REQUEST NO. WQ-1,257,337. SAID REQUEST, AS DRAWN SEPTEMBER 28, 1934, WAS MADE OUT TO REQUEST THE MISSOURI PACIFIC RAILROAD CO. TO FURNISH TRANSPORTATION GOOD IN COACHES ONLY FOR "CAPT. JOE R. WHITE, 3 RES.OFF. 1 ED. ADVISOR, AND 205 CC" FROM OZARK TO CHICOPEE "VIA SLSF.' HOWEVER, SAID REQUEST WAS INDORSED ON THE REVERSE SIDE BY CAPTAIN WHITE TO SHOW THE ACTUAL TRANSPORTATION FURNISHED TO BE FOR "3 OFFICERS, 178 ENROLLEES," AND IN BILL 9163-A CHARGES WERE CLAIMED FOR TRANSPORTATION OF 181 PERSONS, UNDER SAID REQUEST, AT A FARE OF $4.86, TOTAL $879.66. SETTLEMENT T-100,620, AUGUST 27, 1935, THERE WAS ALLOWED FOR THIS SERVICE $872.42 ON THE BASIS OF A FARE OF $4.82, SAID FARE INCLUDING 15 CENTS FOR TRANSFER AT WILLIAMSVILLE, MO. THE ADDITIONAL AMOUNT OF $91.58, NOW CLAIMED IN SUPPLEMENTAL BILL 9163-B IS BASED ON A MINIMUM OF 200 FARES AT $4.82, OR $964, FOR SPECIAL TRAIN SERVICE FROM OZARK TO CHICOPEE, LESS THE SUM OF $872.42 ALLOWED IN THE SETTLEMENT FOR THE 181 TRAVELERS BETWEEN THOSE POINTS.

THE RECORD SHOWS, HOWEVER, THAT THERE WERE TRANSPORTED IN THE SPECIAL TRAIN HERE CONCERNED, IN ADDITION TO THE 181 TRAVELERS FROM OZARK TO CHICOPEE, A CONTINGENT OF 179 CIVILIAN CONSERVATION CORPS ENROLLEES AND ESCORTS FROM RUSSELLVILLE, ARK., TO ELSINORE, MO., PURSUANT TO TRANSPORTATION REQUEST WQ-1,257,339. FOR THE TRANSPORTATION OF THIS CONTINGENT THERE WAS ALLOWED IN THE ABOVE SETTLEMENT THE SUM OF $676.62 ON THE BASIS OF A FARE OF $3.78 WHICH INCLUDED 15 CENTS FOR TRANSFER IN WILLIAMSVILLE, MO.

THE BILL FOR $91.58 NOW PRESENTED COMPUTES THE CHARGES FOR THE TRANSPORTATION OF THE TWO CONTINGENTS ON THE BASIS OF A MINIMUM OF 200 FARES AT $4.82 PER CAPITA, $964, FOR THE CONTINGENT TRANSPORTED FROM OZARK TO CHICOPEE AND 179 FARES AT $3.78 PER CAPITA, $676.62, FOR THE CONTINGENT TRANSPORTED FROM RUSSELLVILLE TO ELSINORE, TOTAL $1,640.62, FROM WHICH THE AMOUNT OF $1,549.04, ALLOWED IN THE SETTLEMENT, IS DEDUCTED, LEAVING A BALANCE OF $91.58 NOW CLAIMED. AS THE SETTLEMENT ALLOWED $676.62 FOR THE CONTINGENT FROM RUSSELLVILLE AND USED THE SAME PER CAPITA FARE WITH RESPECT TO THE CONTINGENT FROM OZARK AS IS USED IN THE SUPPLEMENTAL BILL THE ADDITIONAL AMOUNT NOW CLAIMED IS IN EFFECT THE CHARGE OF $4.82 PER CAPITA FOR 19 PERSONS AS THE DIFFERENCE BETWEEN A MINIMUM OF 200 PERSONS FROM OZARK AND THE 181 PERSONS ACTUALLY TRANSPORTED FROM THAT POINT.

ON THE MATTERS THUS OF RECORD THERE ARISE TWO QUESTIONS: (1) WHETHER THE TRANSFER CHARGE OF 15 CENTS, INCLUDED IN THE FARES CLAIMED, IS PROPERLY FOR APPLICATION AND ALLOWANCE FOR THIS SERVICE; AND (2) WHETHER THE REVENUE PROPERLY COMPUTED ON THE BASIS OF THE AUTHORIZED FARES APPLICABLE TO THE TWO CONTINGENTS TRANSPORTED IN THE TRAIN IS NOT IN EXCESS OF THE MINIMUM SPECIAL TRAIN CHARGE THAT OTHERWISE MIGHT BE FOR PAYMENT.

CIVILIAN CONSERVATION CORPS AGREEMENT NO. 5, APPLICABLE AT THE TIME OF THIS SERVICE, PROVIDED THAT FOR TRANSPORTATION OF PARTIES OF 100 OR MORE, PER CAPITA FARES WOULD BE ESTABLISHED ON THE BASIS OF 35 PERCENT OF NORMAL ONE-WAY FIRST-CLASS FARES AUTHORIZED UNDER TARIFFS OF THE CARRIERS APPLICABLE TO DOMESTIC RAIL TRAVEL, AND ESTABLISHED ON BASIS OF NOT LESS THAN 3.6 CENTS PER MILE FROM POINT OF ORIGIN TO DESTINATION, SUCH FARES TO BE ESTABLISHED ALSO ON THE BASES SET FORTH IN CONDITION 1 OF JOINT MILITARY PASSENGER EQUALIZATION AGREEMENT NO. 9. THE AGREEMENT PROVIDED WITH RESPECT TO THE MATTER OF TRANSFER:

IN THE CONSTRUCTION OF FARES VIA POINTS OF INTERCHANGE VIA WHICH WAGON TRANSFER SERVICE IS REQUIRED, THE USUAL TRANSFER ARBITRARIES APPLICABLE IN CONNECTION WITH REGULAR COMMERCIAL TRAFFIC WILL BE ADDED TO THE THROUGH FARES CONSTRUCTED ON THE BASIS INDICATED IN THIS SECTION * * *, EXCEPT THAT IN CASES IN WHICH MOVEMENTS MAY BE ROUTED THROUGH VIA SUCH JUNCTIONS VIA ROUTES VIA WHICH NO WAGON TRANSFER SERVICE IS INVOLVED, NO ADDITIONAL CHARGE WILL BE ADDED IF MOVEMENTS ARE ROUTED THROUGH VIA ROUTES VIA WHICH WAGON TRANSFER SERVICE IS REQUIRED ON REGULAR TRAIN TRAFFIC.

CONCERNING THE MATTER OF SPECIAL TRAIN SERVICE IT WAS PROVIDED IN SECTION 10, PARAGRAPH (1) A):

THE COACH FARES TENDERED IN THIS AGREEMENT ARE FOR TRANSPORTATION IN COACHES ONLY IN REGULAR TRAIN SERVICE, EXCEPT THAT FOR MOVEMENT OF PARTIES OF 200 OR MORE IN CASES IN WHICH REGULAR TRAIN SCHEDULES ARE UNSATISFACTORY, SPECIAL TRAIN SERVICE TO SUCH EXTENT AS IS NECESSARY TO PROVIDE REASONABLY SATISFACTORY THROUGH SCHEDULES WILL BE PROVIDED WITHOUT ADDITIONAL CHARGE, EXCEPT AS SET FORTH IN PARAGRAPH (1) (B) OF THIS SECTION (10).

PARAGRAPH (1) (B), THUS REFERRED TO, RELATED TO SITUATIONS IN WHICH ROUTES TRAVELED IN SPECIAL TRAIN SERVICE MIGHT INVOLVE SHORT HAULS BY ONE OR MORE OF THE PARTICIPATING CARRIERS SO THAT THE EARNINGS OF SUCH SHORT- HAUL CARRIERS OUT OF THE THROUGH CHARGES WOULD BE LESS THAN CERTAIN SPECIFIED MINIMA REQUIRED IN SUCH INSTANCES. NO SUCH SITUATION OCCURS IN CONNECTION WITH THE TRAVEL HERE CONCERNED.

IT APPEARS THAT THE FARES OF $4.82 FROM OZARK TO CHICOPEE AND $3.78 FROM RUSSELLVILLE TO ELSINORE, USED IN THE SUPPLEMENTAL BILL, ARE DERIVED FROM FARES OF $13.35 AND $10.36, RESPECTIVELY, PUBLISHED IN MISSOURI PACIFIC TARIFF I.C.C. 7730 AND ST. LOUIS-SAN FRANCISCO TARIFF I.C.C. 3611, REDUCED TO 35 PERCENT, OR $4.67 AND $3.63, TO WHICH 15 CENTS PER CAPITA AS FOR TRANSFER IN WILLIAMSVILLE, MISSOURI, IS ADDED IN EACH INSTANCE, RESULTING IN THE PER CAPITA CHARGES OF $4.82 AND $3.78 STATED IN THE BILL. THE FARES OF $13.35 AND $10.36 ARE MADE VIA NORTH LITTLE ROCK, ARKANSAS, BEING COMPOSED OF $11.64 OZARK TO WILLIAMSVILLE PLUS $1.71 WILLIAMSVILLE TO CHICOPEE AND $9.84 RUSSELLVILLE TO WILLIAMSVILLE PLUS 52 CENTS WILLIAMSVILLE TO ELSINORE. THE ONLY AUTHORITY WHICH HAS BEEN FOUND PERTAINING TO TRANSFER CHARGES AT WILLIAMSVILLE IS MISSOURI PACIFIC RAILROAD COMPANY, PASSENGER TRAFFIC DEPARTMENT, CIRCULAR NO. 1924-10, SUPPLEMENT 13 OF WHICH PROVIDED:

WILLIAMSVILLE, MO.--- INTERCHANGE OF TRAFFIC WITH ST. L.-S.F. RAILWAY WILL BE PERMITTED. PASSENGERS WILL ARRANGE TRANSFER OF THEMSELVES. TRANSFER CHARGE FOR EACH PIECE OF BAGGAGE UNDER THROUGH CHECK WILL BE 15 CENTS.

UNDER THIS PROVISION THERE IS NO BASIS FOR A CHARGE FOR TRANSFER OF PASSENGERS AT WILLIAMSVILLE, AND AS TO THE CHARGE OF 15 CENTS FOR "EACH PIECE OF BAGGAGE UNDER THROUGH CHECK" IT APPEARS THAT THE SERVICE HERE CONCERNED, BEING IN SPECIAL TRAIN, THERE WOULD BE NO OCCASION FOR TRANSFER OF BAGGAGE AT WILLIAMSVILLE AND NO AUTHORITY TO COLLECT FOR SUCH TRANSFER FROM COMMERCIAL TRAFFIC MOVING IN LIKE SPECIAL TRAIN SERVICE. ACCORDINGLY, THERE IS FOUND NO AUTHORITY FOR PAYMENT OF THE TRANSFER CHARGE OF 15 CENTS PER PASSENGER WITH RESPECT TO EITHER OF THE CONTINGENTS HERE CONCERNED, AND THE PER CAPITA FARES FOR APPLICATION APPEAR TO BE $4.67 FOR THE TRAVEL FROM OZARK TO CHICOPEE AND $3.63 FROM RUSSELLVILLE TO ELSINORE, SO THAT THE CHARGES ON THE BASIS OF THE NUMBER OF PERSONS ACTUALLY TRANSPORTED WOULD BE:

CHART WQ-1,257,337, OZARK TO CHICOPEE, 181 PERSONS AT $4.67 ------- -- $845.27 WQ-1,257,339, RUSSELLVILLE TO ELSIMORE, 179 PERSONS AT $3.63 --- 649.77

1,495.04

ON THE QUESTION OF THE MINIMUM CHARGE FOR A SPECIAL TRAIN, THE PARAGRAPH QUOTED ABOVE FROM SECTION 10 OF THE AGREEMENT PROVIDES IN SUBSTANCE THAT IF REGULAR TRAIN SCHEDULES ARE UNSATISFACTORY SPECIAL TRAINS FOR PARTIES OF 200 OR MORE WILL BE FURNISHED TO THE EXTENT NECESSARY TO PROVIDE SATISFACTORY THROUGH SCHEDULES WITHOUT ADDITIONAL CHARGE, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL. WHILE SAID PROVISION DOES NOT IN TERMS FIX A MINIMUM CHARGE, EXCEPT WITH RESPECT TO PARTICIPATING SHORT-HAUL CARRIERS WHOSE EARNINGS OTHERWISE WOULD BE LESS THAN A SPECIFIED MINIMUM, IT IS TRUE THAT, SINCE THE AGREEMENT APPARENTLY DID NOT CONTEMPLATE THE FURNISHING OF SPECIAL TRAIN SERVICE FOR PARTIES OF LESS THAN 200, THE MINIMUM EARNINGS FOR SUCH SPECIAL TRAIN SERVICE WOULD NOT BE LESS THAN THE AMOUNT OF CHARGES ACCRUING FOR 200 PERSONS AT APPLICABLE AGREEMENT FARES FROM ORIGIN TO DESTINATION. IN OTHER WORDS, IT WOULD SEEM THAT FOR A SPECIAL TRAIN FROM OZARK TO CHICOPEE THE AGREEMENT WOULD BY IMPLICATION AT LEAST REQUIRE NOT LESS THAN A CHARGE ARRIVED AT ON THE BASIS OF 200 TIMES THE FARE OF $4.67 FROM OZARK TO CHICOPEE, OR $934. AS INDICATED ABOVE, HOWEVER, THE REVENUE PROPERLY ACCRUING FOR THE TRANSPORTATION OF THE PERSONS CARRIED IN THIS TRAIN WAS $1,495.04, WHICH FAR EXCEEDS THE MINIMUM REVENUE AS FOR 200 PERSONS FROM OZARK TO CHICOPEE FOR WHICH A SPECIAL TRAIN WOULD HAVE BEEN FURNISHED. ACCORDINGLY THERE APPEARS NOTHING DUE AS FOR A MINIMUM SPECIAL TRAIN CHARGE, OVER AND ABOVE THE REVENUE PROPERLY ACCRUING AT THE APPLICABLE AGREEMENT FARES FOR THE NUMBER OF PERSONS ACTUALLY TRANSPORTED.

UPON REVIEW THEREFORE IT APPEARS THAT THE CHARGES PROPERLY APPLICABLE FOR THE SERVICE HERE CONCERNED AGGREGATED $1,495.04 AND SINCE THE AMOUNT ALLOWED IN THE SETTLEMENT WAS $1,549.04 THERE RESULTED AN OVERPAYMENT OF $54, WHICH IF NOT PROMPTLY REFUNDED WILL BE DEDUCTED IN THE SETTLEMENT OF AN OPEN ACCOUNT.