B-130400, JUL. 29, 1957

B-130400: Jul 29, 1957

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TOPEKA AND SANTA FE RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16. THE BILLS WERE FILED TO RECOVER ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF SIX SHIPMENTS OF ARMY TRACTOR TANKS FROM NEWARK. THE SHIPMENTS WERE ROUTED "PRR EJ AND E AT AND SF" AND THE FREIGHT CHARGES ALREADY PAID ARE THOSE COMPUTED AT THE RATE PROVIDED IN TRANS CONTINENTAL FREIGHT BUREAU SECTION 22 QUOTATION 206. ADDITIONAL CHARGES ARE DUE. THE SPECIFIC ROUTE PROVIDED IN THE AMENDMENT IS CITED AS PROOF THAT THIS ROUTE WAS NOT AVAILABLE UNDER THE PROVISIONS OF THE ORIGINAL QUOTATION IN EFFECT AT THE TIME THESE SHIPMENTS MOVED. ROUTING CIRCUITY AND OTHER SIMILAR RESTRICTIONS IN TARIFF NO. 5 ARE TO BE OBSERVED.

B-130400, JUL. 29, 1957

TO AUDITOR OF FREIGHT ACCOUNTS, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1957, FILE G- 630446, CONCERNING SETTLEMENT OF YOUR SUPPLEMENTAL BILLS 630446-A AND 631143-A. THE BILLS WERE FILED TO RECOVER ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF SIX SHIPMENTS OF ARMY TRACTOR TANKS FROM NEWARK, DELAWARE, TO NEBO, CALIFORNIA, IN SEPTEMBER 1954.

THE SHIPMENTS WERE ROUTED "PRR EJ AND E AT AND SF" AND THE FREIGHT CHARGES ALREADY PAID ARE THOSE COMPUTED AT THE RATE PROVIDED IN TRANS CONTINENTAL FREIGHT BUREAU SECTION 22 QUOTATION 206. YOU CONTEND THAT THE ROUTING OF THESE SHIPMENTS PRECLUDES THE APPLICATION OF THE RATE IN THE QUOTATION AND THAT, CONSEQUENTLY, ADDITIONAL CHARGES ARE DUE. YOU SUPPORT YOUR CONTENTION BY REFERENCE TO AMENDMENT NO. 2 TO THE QUOTATION AND TO ITEM 9792 OF TRANS-CONTINENTAL FREIGHT BUREAU TARIFF NO. 1-C, AGENT W. J. PRUETER'S I.C.C. NO. 1559. THE AMENDMENT TO THE QUOTATION SPECIFICALLY PROVIDES ROUTING VIA THE PENNSYLVANIA RAILROAD AND THE ELGIN, JOLIET AND EASTERN RAILWAY WHILE ITEM 9792 PROHIBITS THE APPLICATION OF THE RATES IN TARIFF NO. 1-C TO TRAFFIC INTERCHANGED AT CHICAGO, ILLINOIS, BETWEEN THE PENNSYLVANIA RAILROAD AND THE ELGIN, JOLIET AND EASTERN RAILWAY. THE SPECIFIC ROUTE PROVIDED IN THE AMENDMENT IS CITED AS PROOF THAT THIS ROUTE WAS NOT AVAILABLE UNDER THE PROVISIONS OF THE ORIGINAL QUOTATION IN EFFECT AT THE TIME THESE SHIPMENTS MOVED.

THE ORIGINAL QUOTATION PROVIDED THAT THE RATE THEREIN WOULD APPLY VIA THE PENNSYLVANIA RAILROAD DIRECT TO CHICAGO, ILLINOIS, THENCE VIA THE SAME ROUTES AS GENERALLY APPLY FROM NEWARK, DELAWARE, TO CALIFORNIA POINTS, AS PROVIDED IN TRANS-CONTINENTAL FREIGHT BUREAU FREIGHT TARIFF NO. 5, AGENT W. J. PRUETER'S I.C.C. NO. 1563. ROUTING CIRCUITY AND OTHER SIMILAR RESTRICTIONS IN TARIFF NO. 5 ARE TO BE OBSERVED, BUT THE QUOTATION DOES NOT PROVIDE THAT ANY ROUTING RESTRICTIONS IN ANY OTHER TARIFFS ARE TO BE OBSERVED. IT IS APPARENT, THEREFORE, THAT THE PROVISIONS OF ITEM 9792 OF TARIFF NO. 1-C DO NOT AFFECT THE APPLICATION OF THE RATE PROVIDED IN THE QUOTATION. TARIFF NO. 5 PROVIDES, FOR TRAFFIC FROM NEWARK TO CALIFORNIA POINTS, ROUTING EAST OF THE WESTERN GATEWAYS VIA THE LINES OF ANY OF THE CARRIERS PARTIES THERETO. YOUR COMPANY, THE ELGIN, JOLIET AND EASTERN RAILWAY, AND THE PENNSYLVANIA RAILROAD ARE ALL PARTIES TO THE TARIFF. IS OBVIOUS, THEREFORE, THAT THE QUOTATION, PRIOR TO AMENDMENT NO. 2, PROVIDED A ROUTE VIA THE PENNSYLVANIA RAILROAD DIRECT TO CHICAGO, THENCE VIA THE EJ AND E AND THE SANTA FE, FOR SUCH ROUTE IS CLEARLY AUTHORIZED IN TARIFF NO. 5.

WE CONCLUDE, THEREFORE, THAT THERE IS NOTHING IN QUOTATION NO. 206 TO PROHIBIT THE APPLICATION OF THE RATE NAMED THEREIN TO THESE SHIPMENTS. ACCORDINGLY, PAYMENT OF YOUR CLAIMS MUST BE, AND IS, DECLINED.