A-98783, OCTOBER 27, 1938, 18 COMP. GEN. 384

A-98783: Oct 27, 1938

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THERE WAS NO RESTRICTION PRECLUDING THE APPLICATION OF THE RATE VIA THE LAND-GRANT ROUTE THROUGH MERIDIAN. THE USE OF ILLINOIS CENTRAL DIVISION SHEET NO. 3114-A WHICH PROVIDED A BASIS FOR APPORTIONING THE GROSS CHARGES AMONG THE LAND-GRANT CARRIERS OVER MERIDIAN WAS PROPER. THE AMOUNT ALLOWED FOR THE SERVICE WAS DETERMINED ON THE BASIS OF THROUGH COMMODITY RATE OF 59 CENTS PER HUNDRED POUNDS TO BATESVILLE AND 61 CENTS PER HUNDRED POUNDS TO GRENADA. THE REQUEST FOR REVIEW URGES THAT ILLINOIS CENTRAL RAILROAD DIVISION SHEET NO. 3114-A WHICH WAS USED TO DIVIDE OVER MERIDIAN "SHOWS THAT THE SAME WILL APPLY VIA USUAL ROUTE AND AS THE SHIPMENTS REFERRED TO ARE UNUSUAL AND CIRCUITOUS IT IS OUR CONTENTION LAND GRANT SHOULD NOT BE ALLOWED IN CONJUNCTION THEREWITH.'.

A-98783, OCTOBER 27, 1938, 18 COMP. GEN. 384

TRANSPORTATION - LAND-GRANT DEDUCTIONS - ROUTES AND DIVISIONS WHERE THE FREIGHT TARIFF PUBLISHING THE THROUGH RATES FOR SHIPMENTS FROM KANSAS CITY, KANSAS, TO BATESVILLE AND GRENADA, MISSISSIPPI, PROVIDED THAT THE RATES APPLIED VIA ALL ROUTES MADE BY USE OF LINES OF ANY OF THE CARRIERS PARTIES TO THE TARIFF EXCEPT AS OTHERWISE PROVIDED, AND THERE WAS NO RESTRICTION PRECLUDING THE APPLICATION OF THE RATE VIA THE LAND-GRANT ROUTE THROUGH MERIDIAN, MISSISSIPPI, COMPRISED OF CARRIERS PARTIES TO THE TARIFF, THE USE OF ILLINOIS CENTRAL DIVISION SHEET NO. 3114-A WHICH PROVIDED A BASIS FOR APPORTIONING THE GROSS CHARGES AMONG THE LAND-GRANT CARRIERS OVER MERIDIAN WAS PROPER.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, OCTOBER 27, 1938:

THE ILLINOIS CENTRAL RAILROAD COMPANY HAS REQUESTED REVIEW OF SETTLEMENT T-99916 1/2 JULY 24, 1935, WHICH DISALLOWED $46.59 CLAIMED UPON CARRIER BILL A-101412-4-A IN ADDITION TO THE AMOUNT $342.89 PAID BY DISBURSING OFFICER (VOUCHER 192682 SEPTEMBER 26, 1934 ACCOUNTS OF G. F. ALLEN) ON CARRIER BILL A-101412-4 FOR THE TRANSPORTATION OF TWO SHIPMENTS DRY SALT- CURED PORK, WEIGHING 36,136 AND 41,335 POUNDS, RESPECTIVELY, FROM KANSAS CITY, KANSAS, TO BATESVILLE AND TO GRENADA, MISSISSIPPI, UNDER BILLS OF LADING A-279475 AND A-191623 DATED NOVEMBER 16, 1933, VIA MISSOURI PACIFIC AND ILLINOIS CENTRAL RAILROAD.

THE AMOUNT ALLOWED FOR THE SERVICE WAS DETERMINED ON THE BASIS OF THROUGH COMMODITY RATE OF 59 CENTS PER HUNDRED POUNDS TO BATESVILLE AND 61 CENTS PER HUNDRED POUNDS TO GRENADA, PUBLISHED IN AGENT BOYD'S FREIGHT TARIFF I.C.C. NO. A-2401, LESS LAND-GRANT DEDUCTIONS COMPUTED AS OVER LAND-GRANT ROUTE VIA CENTRALIA AND CAIRO, ILLINOIS, AND MERIDIAN, MISSISSIPPI, APPLYING MOBILE AND OHIO RAILROAD DIVISION SHEET NO. 1 TO FREIGHT TARIFF NO. 11553 (AGENT BOYD'S FREIGHT TARIFF I.C.C. NO. A-2401), CHICAGO, BURLINGTON AND QUINCY RAILROAD PERCENTAGE ISSUE NO. 8000-A AND ILLINOIS CENTRAL RAILROAD DIVISION SHEET NO. 3114 A TO APPORTION THE GROSS CHARGES AMONG THE LAND-GRANT CARRIERS. THE REQUEST FOR REVIEW URGES THAT ILLINOIS CENTRAL RAILROAD DIVISION SHEET NO. 3114-A WHICH WAS USED TO DIVIDE OVER MERIDIAN "SHOWS THAT THE SAME WILL APPLY VIA USUAL ROUTE AND AS THE SHIPMENTS REFERRED TO ARE UNUSUAL AND CIRCUITOUS IT IS OUR CONTENTION LAND GRANT SHOULD NOT BE ALLOWED IN CONJUNCTION THEREWITH.'

THE DIVISION SHEET NUMBER 31114-A AS IN EFFECT AT THE TIME OF MOVEMENT OF THE CONSIDERED SHIPMENTS, PUBLISHED PERCENTAGES VIA MERIDIAN BASED ON DISTANCE "BETWEEN STATIONS ON THE ILLINOIS CENTRAL RAILROAD (ON AND SOUTH OF OHIO RIVER) * * * AND MOBILE AND OHIO RAILROAD (ON AND SOUTH OF OHIO RIVER)" AND AT PAGE 2 UNDER HEADING "APPLICATION OF DIVISIONS" PROVIDED:

ITEM 1--- THE PERCENTAGES PUBLISHED HEREIN WILL APPLY * * * IN DIVIDING RATES ON CLASSES AND COMMODITIES * * * VIA CUSTOMARY POINTS OF INTERCHANGE.

ITEM 2--- * * *

ITEM 3--- IN THE EVENT SHIPMENTS MOVE VIA JUNCTIONS, NOT PROVIDED HEREIN, BUT THROUGH WHICH RATES ARE LAWFULLY APPLICABLE, THE PERCENTAGE PUBLISHED HEREIN, FOR THE DISTANCES INVOLVED, VIA SUCH JUNCTIONS, WILL APPLY.

BOYD'S FREIGHT TARIFF I.C.C. NO. A-2401 PUBLISHING THE THROUGH RATES FROM KANSAS CITY, KANS., TO BATESVILLE AND GRENADA, MISS., PROVIDED (SEE ITEM 50) THAT THE RATES APPLIED VIA ALL THE ROUTES MADE BY THE USE OF THE LINES OF ANY OF THE CARRIERS PARTIES TO THE TARIFF, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED. THE RATE VIA THE LAND-GRANT ROUTE THROUGH MERIDIAN, MISS., WAS NOT RESTRICTED AS TO ROUTING, AND THE CARRIERS COMPRISING THIS ROUTE ARE PARTIES TO THE TARIFF. SEE IN THIS CONNECTION GREAT ATLANTIC AND PACIFIC TEA COMPANY V. ALTON RAILROAD, 226 I.C.C. 398 (400). THE USE OF DIVISION SHEET NO. 3114-A TO APPORTION THE GROSS CHARGES AMONG THE CARRIERS IN THE LAND-GRANT ROUTE, THEREFORE, APPARENTLY WAS PROPER.

ON THE RECORD THE SETTLEMENT DOES NOT APPEAR TO BE IN ERROR AND ACCORDINGLY MAY NOT BE LEGALLY MODIFIED AS URGED.