B-130610, AUG. 2, 1957

B-130610: Aug 2, 1957

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TO CENTRAL OF GEORGIA RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 24. IT IS YOUR CONTENTION THAT AS REQUISITION NO. BSC/24735 INDICATED THESE BARGES WERE TO BE USED IN MILITARY CIVIL AFFAIRS THE CHARGES WERE NOT SUBJECT TO LAND-GRANT DEDUCTIONS. IT WAS STATED THAT "THIS OFFICE HAS NOT SUBSCRIBED TO THE VIEW THAT SHIPMENT OF LEND-LEASE MATERIALS AFTER V-J DAY AUTOMATICALLY PRECLUDES APPLICATION OF LAND GRANT RATES UNDER CIRCUMSTANCES JUSTIFYING A MILITARY CHARACTERIZATION OF SUCH MATERIALS.'. OUR TRANSPORTATION DIVISION IS BEING INSTRUCTED TO EXAMINE THE PERTINENT PAPERS AND TO MAKE APPROPRIATE SETTLEMENT ON A BASIS CONSISTENT WITH THE CONCLUSION THAT THE PROPERTY WAS MOVING FOR CIVIL USE.

B-130610, AUG. 2, 1957

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 24, 1957, FILE NO. N-46755-G-A, REQUESTING A REVIEW OF THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION IN CONNECTION WITH YOUR BILL NO. 46755-B-G-R 63, IN THE AMOUNT OF $1,204.38, GOVERNMENT BILLS OF LADING NOS. WW 8423165 AND WW-8423184, COVERING THE SHIPMENTS OF TWO KNOCKED DOWN STEEL CARGO BARGES FROM MONTGOMERY, ALABAMA, TO SAVANNAH, GEORGIA, IN JUNE 1946.

IT IS YOUR CONTENTION THAT AS REQUISITION NO. BSC/24735 INDICATED THESE BARGES WERE TO BE USED IN MILITARY CIVIL AFFAIRS THE CHARGES WERE NOT SUBJECT TO LAND-GRANT DEDUCTIONS.

IN OUR LETTER, B-121404 OF MAY 25, 1955, TO THE ASSOCIATION OF AMERICAN RAILROADS, TO WHICH YOU REFER, IT WAS STATED THAT "THIS OFFICE HAS NOT SUBSCRIBED TO THE VIEW THAT SHIPMENT OF LEND-LEASE MATERIALS AFTER V-J DAY AUTOMATICALLY PRECLUDES APPLICATION OF LAND GRANT RATES UNDER CIRCUMSTANCES JUSTIFYING A MILITARY CHARACTERIZATION OF SUCH MATERIALS.' WHILE WE CONTINUE TO MAINTAIN THAT POSITION GENERALLY, OUR REVIEW OF THE RECORD IN THE INSTANCES HERE INVOLVED SUGGESTS THAT THE MILITARY CHARACTERIZATION OF THESE SHIPMENTS CANNOT BE SUSTAINED. ACCORDINGLY, OUR TRANSPORTATION DIVISION IS BEING INSTRUCTED TO EXAMINE THE PERTINENT PAPERS AND TO MAKE APPROPRIATE SETTLEMENT ON A BASIS CONSISTENT WITH THE CONCLUSION THAT THE PROPERTY WAS MOVING FOR CIVIL USE.