B-126619, JUN. 13, 1956

B-126619, JUN. 13, 1956

TO GILLETTE MOTOR TRANSPORT, INC.:

REFERENCE IS MADE TO YOUR FILE NO. GMT BILL NO. 1755-AA-X, VOUCHER NO. 128448, 12-23-48, REQUESTING REVIEW OF OUR SETTLEMENT DATED MARCH 28, 1950, WHICH DISALLOWED YOUR CLAIM ON SUPPLEMENTAL BILL NO. 1755-A FOR $134.07, AS ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF TWO SHIPMENTS OF STEEL FILING CABINETS WEIGHING, IN THE AGGREGATE, 1,858 POUNDS, FROM ARMY DEPOT, GEORGIA, TO FORT BLISS, TEXAS, UNDER BILLS OF LADING NOS. WW-9138550 AND WW-9143149 IN SEPTEMBER 1948.

THE SHIPMENTS HERE INVOLVED WERE TENDERED TO SOUTHEASTERN MOTOR TRUCK LINES, INC., AT ARMY DEPOT, GEORGIA, AND, ACCORDING TO YOUR LETTER, WERE "TRANSPORTED TO MEMPHIS AND THERE INTERCHANGED TO EAST TEXAS MOTOR FREIGHT LINES WHO INTERCHANGED AGAIN WITH OUR LINE AT DALLAS, TEXAS, FOR FINAL DELIVERY TO CONSIGNEE.' FOR THIS SERVICE, PAYMENT WAS MADE IN THE AGGREGATE AMOUNT OF $72.54, BASED ON THE LESS THAN-TRUCKLOAD RATINGS PROVIDED IN NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 9. IT IS NOW CONTENDED THAT THE CORRECT RATING TO APPLY FOR PURPOSES OF ASSESSING CHARGES IS THE DOUBLE FIRST CLASS RATING AS SHOWN IN ITEM NO. 1105 OF SUPPLEMENT NO. 12 TO SOUTHERN MOTOR CARRIERS RATE CONFERENCE FREIGHT TARIFF NO. 5-F, MF-I.C.C. NO. 415, FOR THE REASON THAT SOUTHEASTERN MOTOR TRUCK LINES, INC., ORIGINATED THE SHIPMENT AND THE AFORESAID ITEM NO. 1105 PROVIDES BY A NOTE THAT THE RATING IS "APPLICABLE ONLY VIA SOUTHEASTERN MOTOR TRUCK LINES, INC.'

IT IS TO BE OBSERVED THAT BY SPECIFIC PROVISION THE APPLICATION OF ITEM NO. 1105 WAS LIMITED TO "SOUTHEASTERN MOTOR TRUCK LINES, INC., " AND THERE IS NO APPARENT BASIS, THEREFORE, IN THE ABSENCE, AS HERE, OF A SPECIFIC TARIFF PROVISION TO THAT EFFECT, FOR MAINTAINING THAT THE EXCEPTION RATING OF DOUBLE FIRST CLASS NAMED IN TARIFF ITEM NO. 1105 OPERATED TO EFFECT A CHANGE IN THE CLASSIFICATION RATING APPLICABLE VIA THE LINE OF ANY OTHER CARRIER. THE EXCEPTIONS ITEM REFERRED TO WAS A SPECIAL EXCEPTION OF THE SOUTHEASTERN MOTOR TRUCK LINES, INC., APPLYING SOLELY FOR THE ACCOUNT OF THAT CARRIER. IN THIS CONNECTION, SEE HAMILTON BROTHERS COMPANY, INC. V. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, 171 I.C.C. 640, 641. EXCEPTION IS IN REALITY AN AMENDMENT TO THE CLASSIFICATION (INDIAN REFINING COMPANY V. CLEVELAND, C.C. AND ST.L. RY.CO., 222 I.C.C. 409, 415) AND REMOVES THE ARTICLE FROM THE CLASSIFICATION AND ESTABLISHES CLASS RATES THEREON DIFFERENT FROM THE NORMAL CLASS RATES (NORWICH WIRE WORKS, INC. V. BOSTON AND MAINE RAILROAD, 232 I.C.C. 593, 595), BUT IT WOULD SEEM TO FOLLOW THAT UNLESS ALL THE CARRIERS IN THE ROUTE OF MOVEMENT WERE PARTIES, OR SUBJECT, TO THE EXCEPTION, THE ARTICLE WOULD BE REMOVED FROM THE CLASSIFICATION FOR ACCOUNT OF ONLY THE SPECIFIED CARRIER OR CARRIERS AND WOULD NOT BE OPERATIVE AS TO OTHER CARRIERS.

THE JOINT THROUGH CLASS RATES IN TARIFF NO. 5-F UNDER WHICH THIS SHIPMENT MOVED WERE ONE-FACTOR RATES FROM ORIGIN TO DESTINATION, AND WERE NOT DIVISIBLE INTO SEPARATE RATE FACTORS, WITH EACH FACTOR APPLYING OVER THE LINE OF ONE OF THE INDIVIDUAL CARRIERS INVOLVED IN THE MOVEMENT AND PROVIDING A BASIS FOR THE COMPUTATION OF THE PORTION OF THE THROUGH CHARGE ACCRUING TO THAT PARTICULAR CARRIER FOR ITS PROPORTIONATE PART OF THE ENTIRE SERVICE. THE EXCEPTION APPLICABLE ONLY VIA THE SOUTHEASTERN MOTOR TRUCK LINES, INC., CANNOT BE APPLIED TO THE JOINT THROUGH RATE WITHOUT AFFECTING ITS CONNECTING CARRIER BY REQUIRING THE LATTER TO PERFORM ITS SERVICE UNDER A BASIS OTHER THAN THAT NAMED FOR ITS ACCOUNT IN THE REGULARLY PUBLISHED AND FILED TARIFFS. IN CONSOLIDATED SOUTHWESTERN CASES, 211 I.C.C. 601, 623, THE INTERSTATE COMMERCE COMMISSION SAID THAT IT IS OBVIOUSLY UNJUST THAT ONE CARRIER SHOULD BE GIVEN THE RIGHT TO FIX RATES TO AND FROM POINTS ON THE LINES OF ANOTHER CARRIER WITHOUT CONSENT OF THE LATTER. IN JUNK, OVER THE SANTA FE TRAIL TRANSPORTATION COMPANY, 44 M.C.C. 309, CARRIERS IN THE MIDWEST PROPOSED TO RESTRICT A CLASSIFICATION EXCEPTIONS RATING SO AS TO MAKE IT INAPPLICABLE IN CONNECTION WITH MOVEMENTS OVER THE SANTA FE TRAIL TRANSPORTATION COMPANY. THE COMMISSION TREATED THIS RESTRICTION AS A CANCELLATION OF THE EXCEPTIONS RATINGS AND RATES IN WHICH THE CITED CARRIER PARTICIPATED WITH OTHER CARRIERS, THUS HOLDING IN EFFECT THAT ALL CARRIERS PARTICIPATING IN A JOINT THROUGH RATE MUST BE PARTIES TO BOTH THE RATE AND RATING.

WITH REGARD TO THE CONTENTION THAT THE MINIMUM RATE PROVISIONS OF ITEM NO. 2000 OF TARIFF NO. 5-F WOULD REQUIRE THE PROTECTION OF THE DOUBLE FIRST CLASS RATING FOR ACCOUNT OF ALL CARRIERS PARTICIPATING IN THIS MOVEMENT, IT IS NOTED THAT THE MINIMUM RATE PROVISIONS SHOWN UNDER ITEMS NOS. 2000 THROUGH 2130 ARE CHARACTERIZED AS SPECIFIC CLASS RATINGS WHICH ARE TO BE THE LOWEST RATINGS APPLICABLE FOR SHIPMENTS MOVING BETWEEN CERTAIN POINTS OR BY SPECIFIED CARRIERS. SINCE A CLASS RATE RESTRICTION OR A MINIMUM CLASS-RATE STOP IS DEFINED AS "THE CLASS RATE OR CLASS-RATE BASIS BELOW WHICH A CARRIER WILL NOT MAINTAIN RATES REGARDLESS OF LOWER CLASSIFICATIONS IN EFFECT" (MINIMUM CLASS RATE RESTRICTIONS, CENTRAL AND EASTERN STATES, 61 M.C.C. 361), ITEM NO. 2000 IS SIMPLY A RULE FOR APPLYING MINIMUM CLASS-RATE STOPS ON JOINT MOVEMENTS, AND ITEM NO. 1105 OF SUPPLEMENT NO. 12 TO THE TARIFF IS NOT TO BE REGARDED AS PROVIDING THE MINIMUM CLASS RATING FOR APPLICATION OVER JOINT ROUTES AS THAT ITEM IS AN EXCEPTION RATING APPLYING ONLY TO FURNITURE. AS SUCH IT DOES NOT APPEAR TO BE WITHIN THE PURVIEW OF ITEM NO. 2000.

IT APPEARS, THEREFORE, THAT ITEM NO. 2000 HAS NO APPLICATION TO THE INSTANT MATTER AND ITEM NO. 1105 CONCERNS ONLY SINGLE-LINE HAULS BY THE CARRIER SPECIFIED THEREIN. ACCORDINGLY, OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM ON SUPPLEMENTAL BILL NO. 1755-A APPEARS TO HAVE BEEN PROPER AND IS SUSTAINED.