B-148360, OCT. 11, 1962

B-148360: Oct 11, 1962

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WE HAVE REVIEWED THE SETTLEMENT DATED JANUARY 12. CONCLUDE THAT THE ACTION TAKEN IN THE SETTLEMENT OF CLAIM TK-724516 WAS PROPER. YOUR COMPANY BILLED AND WAS PAID CHARGES OF $256.24. WAS AUDITED HERE. YOU WERE APPRISED OF AN OVERCHARGE IN THE AMOUNT OF $243.65. YOUR OBJECTION TO THIS CHARGE BASIS IS THAT "THE ROUTE THIS SHIPMENT MOVED FROM EAST ST. LOUIS WAS PRR. THERE IS NO SUCH ROUTE PUBLISHED IN TRUNK LINE TARIFF 107- C.'. THE FACTS OF RECORD ARE OTHERWISE. JOSEPH WAS ROUTED "CB AND Q. " THE "FREIGHT BILL" FORM ATTACHED TO YOUR SUPPLEMENTAL BILL 222023-C-44 SHOWS THE ROUTE FROM "POINT OF ORIGIN TO DESTINATION" TO HAVE BEEN "CBQ. THAT IT WAS INTERCHANGED WITH THE INDIANA HARBOR BELT EITHER AT CONGRESS PART OR AT CHICAGO.

B-148360, OCT. 11, 1962

TO THE CENTRAL RAILROAD OF NEW JERSEY:

AS REQUESTED IN YOUR LETTER OF MARCH 1, 1962, FILE 324750-AFL, WE HAVE REVIEWED THE SETTLEMENT DATED JANUARY 12, 1962, IN CLAIM TK 724516, WHICH DISALLOWED YOUR CLAIM, BY SUPPLEMENTAL BILL 222023-C-44, FOR $243.65. CONCLUDE THAT THE ACTION TAKEN IN THE SETTLEMENT OF CLAIM TK-724516 WAS PROPER.

BILL OF LADING WV-7545468, DATED OCTOBER 19, 1944, COVERED A SHIPMENT OF 32,623 POUNDS OF FROZEN BEEF TRANSPORTED FROM HAGERSTOWN, MARYLAND, WHERE IT HAD BEEN ACCORDED A TRANSIT PRIVILEGE, TO THE NEW YORK PORT OF EMBARKATION, BROOKLYN, NEW YORK, FOR EXPORT. THIS SHIPMENT ORIGINATED AT SOUTH ST. JOSEPH, MISSOURI, AND MOVED INBOUND ON BILL OF LADING WV- 3755069, DATED SEPTEMBER 1, 1944. FOR THE OUTBOUND TRANSPORTATION, YOUR COMPANY BILLED AND WAS PAID CHARGES OF $256.24, AT THE LOCAL RATE OF 60 CENTS PER HUNDRED POUNDS FROM HAGERSTOWN, PLUS SWITCHING AND PROTECTIVE SERVICE CHARGES. WHEN THE PAID VOUCHER, NO. 175659 OF THE FEBRUARY 1945 ACCOUNTS OF ARMY DISBURSING OFFICER M. B. HALE, WAS AUDITED HERE, YOU WERE APPRISED OF AN OVERCHARGE IN THE AMOUNT OF $243.65, WHICH YOU REFUNDED. TO RECLAIM THIS REFUND YOU PRESENTED YOUR SUPPLEMENTAL BILL 222023-C-44, THE SUBJECT OF THE DISALLOWANCE IN THE SETTLEMENT OF JANUARY 12, 1962.

THE CHARGE BASIS USED IN OUR AUDIT DEPENDS UPON DISPLACEMENT OF THE THROUGH CLASS RATE FROM ORIGIN, SOUTH ST. JOSEPH, TO DESTINATION, BROOKLYN, PUBLISHED IN TRUCK LINE TERRITORY TARIFF BUREAU FREIGHT TARIFF 107-C, I.C.C. NO. A-767, BY AN AGGREGATE OF INTERMEDIATE RATES, AUTHORIZED BY ITEM 35 THEREOF, MADE OVER EAST ST. LOUIS, THROUGH THE TRANSIT POINT, HAGERSTOWN, PLUS THE TRANSIT CHARGE AUTHORIZED IN WESTERN MARYLAND RAILROAD COMPANY TARIFF I.C.C. NO. 8686, PLUS APPROPRIATE CHARGES FOR SWITCHING AND PROTECTING SERVICES. YOUR OBJECTION TO THIS CHARGE BASIS IS THAT "THE ROUTE THIS SHIPMENT MOVED FROM EAST ST. LOUIS WAS PRR--- WMD--- RDG--- CNJ, AND THERE IS NO SUCH ROUTE PUBLISHED IN TRUNK LINE TARIFF 107- C.'

WHILE YOU SAY THAT THIS SHIPMENT MOVED FROM EAST ST. LOUIS VIA THE PENNSYLVANIA RAILROAD, THE FACTS OF RECORD ARE OTHERWISE. BILL OF LADING WV-7545468, COVERING THE OUTBOUND MOVEMENT, SHOWS IN THE APPROPRIATE SPACE ROUTING VIA "WM READING CNJ LIGHTERAGE; " THE TRANSIT REFERENCE ON THIS BILL OF LADING SHOWS THAT THE INBOUND SHIPMENT FROM SOUTH ST. JOSEPH WAS ROUTED "CB AND Q, IHB PRR, WM; " THE "FREIGHT BILL" FORM ATTACHED TO YOUR SUPPLEMENTAL BILL 222023-C-44 SHOWS THE ROUTE FROM "POINT OF ORIGIN TO DESTINATION" TO HAVE BEEN "CBQ--- IHB--- PRR--- WMD--- RDG--- CNJ.' THE CHICAGO, BURLINGTON AND QUINCY RAILROAD INTERCHANGES FREIGHT WITH THE INDIANA HARBOR BELT AT CHICAGO (WESTERN AVENUE) AND AT CONGRESS PART, ILLINOIS; THE INDIANA HARBOR BELT INTERCHANGES WITH THE PENNSYLVANIA RAILROAD AT DOLTON, ILLINOIS, OR AT INDIANA HARBOR, INDIANA. ON THIS RECORD WE MUST CONCLUDE THAT THE SHIPMENT DID IN FACT MOVE FROM SOUTH ST. JOSEPH VIA THE CB AND Q, THAT IT WAS INTERCHANGED WITH THE INDIANA HARBOR BELT EITHER AT CONGRESS PART OR AT CHICAGO, AND THAT THE INDIANA HARBOR BELT INTERCHANGED WITH THE PENNSYLVANIA, NOT AT EAST ST. LOUIS, WHICH IT DOES NOT SERVE, BUT AT DOLTON, ILLINOIS, OR AT INDIANA HARBOR.

THE FACTS ESTABLISH THAT THE SHIPMENT DID NOT MOVE FROM EAST ST. LOUIS ON THE PENNSYLVANIA RAILROAD; HOWEVER, IT COULD HAVE AND MAY HAVE MOVED THROUGH EAST ST. LOUIS VIA THE CHICAGO, BURLINGTON AND QUINCY RAILROAD ENROUTE TO THE POINT OF INTERCHANGE WITH THE INDIANA HARBOR BELT RAILROAD. ALL OF THE CARRIERS IN THE ROUTE OF MOVEMENT ARE PARTICIPANTS IN TRUNK LINE TARIFF 107-C, WHICH PROVIDES IN ITEM 8995 THAT "THE RATES IN THIS TARIFF APPLY VIA ALL ROUTES MADE BY THE USE OF LINES OF ANY CARRIERS PARTIES TO THIS TARIFF EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED * * *.' NONE OF THESE CARRIERS PUBLISH RESTRICTIONS WHICH WOULD PREVENT APPLICATION OF THE THROUGH CLASS RATE FROM SOUTH ST. JOSEPH VIA THE BILL OF LADING ROUTE; THE CHICAGO, BURLINGTON AND QUINCY DOES NOT RESTRICT ITS PARTICIPATION TO PRECLUDE USE OF THE EAST ST. LOUIS GATEWAY VIA THIS ROUTE.

THE AGGREGATE OF INTERMEDIATE RATES USED IN OUR CHARGE BASIS, $1.21 PER HUNDRED POUNDS, IS MADE 30 CENTS TO EAST ST. LOUIS, PUBLISHED IN ITEM 2750, WESTERN TRUNK LINES TARIFF 1-Z, I.C.C. NO. 3381, AND 91 CENTS BEYOND, PUBLISHED IN ITEM 12520, CENTRAL FREIGHT ASSOCIATION TARIFF 218-N, I.C.C. NO. 3758. THE AGGREGATE OF INTERMEDIATE RULE CONTAINED IN ITEM 35 OF TRUNK LINE TARIFF 107-C PROVIDES:

"IF THE AGGREGATE OF SEPARATELY ESTABLISHED (JOINT, LOCAL OR PROPORTIONAL) RATES APPLICABLE ON INTERSTATE TRAFFIC CONTAINED IN TARIFFS LAWFULLY ON FILE WITH THE INTERSTATE COMMERCE COMMISSION APPLICABLE VIA ANY ROUTE OVER WHICH THE THROUGH RATES PUBLISHED IN THIS TARIFF APPLY PRODUCES A LOWER CHARGE ON A SHIPMENT THAN THE RATES PUBLISHED HEREIN, SUCH AGGREGATE OF RATES WILL APPLY VIA ALL ROUTES OVER WHICH THE RATES SHOWN IN THIS TARIFF ARE APPLICABLE, AND THE THROUGH RATE PUBLISHED IN THIS TARIFF HAS NO APPLICATION TO THAT SHIPMENT.'

SINCE THERE IS NOTHING IN TRUNK LINE TARIFF 107-C TO PREVENT APPLICATION OF THE THROUGH CLASS RATES THEREIN CONTAINED VIA EAST ST. LOUIS, THE AGGREGATE MADE OVER EAST ST. LOUIS IS, IN TERMS OF THE AGGREGATE RULE IN ITEM 35,"APPLICABLE VIA ANY ROUTE OVER WHICH THE THROUGH RATES IN THIS TARIFF APPLY; " IT IS THUS APPLICABLE "VIA ALL ROUTES OVER WHICH THE RATES SHOWN IN THIS TARIFF ARE APPLICABLE, AND THE THROUGH RATE PUBLISHED IN THIS TARIFF HAS NO APPLICATION.' SEE SWIFT AND CO. V. ALTON RAILROAD CO., 268 I.C.C. 103, IN WHICH THE INTERSTATE COMMERCE COMMISSION CONSIDERED THIS SAME AGGREGATE RULE IN CONNECTION WITH SHIPMENTS FROM MISSOURI RIVER POINTS, INCLUDING SOUTH ST. JOSEPH, TO THE EAST, AND SAID, AT PAGE 106, THAT THE RULE PROVIDES "THAT, UNDER THE CONDITIONS SPECIFIED IN THAT RULE, THE AGGREGATE OF SEPARATELY ESTABLISHED RATES WILL APPLY VIA ALL ROUTES OVER WHICH THE RATES SHOWN IN THE TARIFF CONTAINING THE RULE ARE APPLICABLE.' SEE ALSO ARMOUR AND CO. V. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., 288 I.C.C. 243, REHEARING 291 I.C.C. 223.

IN THE CIRCUMSTANCES, THE SETTLEMENT OF JANUARY 12, 1962, IN CLAIM TK- 724516 WAS CORRECT AND IT IS SUSTAINED.