B-33944, JUNE 2, 1943, 22 COMP. GEN. 1063

B-33944, JUNE 2, 1943, 22 COMP. GEN. 1063

TRANSPORTATION OF HOUSEHOLD EFFECTS BY MOTOR VAN - DESTRUCTION BY FIRE WHILE STORED IN TRANSIT - GOVERNMENT LIABILITY FOR TRANSPORTATION, PACKING, AND STORAGE CHARGES WHERE, IN CONNECTION WITH THE DECENTRALIZATION OF A GOVERNMENT AGENCY, THE CONTRACT FOR MOTOR VAN SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS CONTAINED A PROVISION FOR STORAGE IN TRANSIT AT CARRIER'S WAREHOUSE PENDING RECEIPT OF EMPLOYEE'S ADDRESS AT NEW STATION, AND THE GREATER PORTION OF THE SAID EFFECTS WAS DESTROYED BY FIRE WHILE SO STORED AND WITHIN THE SPECIFIED STORAGE PRIVILEGE PERIOD, PAYMENT TO THE CARRIER IS LIMITED TO THE PACKING, UNPACKING, AND TRANSPORTATION CHARGES APPLICABLE TO THAT PORTION OF THE EFFECTS ACTUALLY DELIVERED, AND, AS STORAGE CHARGES WERE ,FOR 30 DAYS OR FRACTION THEREOF," THE AMOUNT PAYABLE THEREFOR IS NOT SUBJECT TO DEDUCTION MERELY BECAUSE STORAGE PERIOD WAS LESS THAN 30 DAYS.

ASSISTANT COMPTROLLER GENERAL YATES TO P. L. CECIL, FEDERAL WORKS AGENCY, JUNE 2, 1943:

THERE HAS BEEN CONSIDERED YOUR REQUEST PER YOUR LETTER DATED APRIL 16, 1943, FILE FM-F-HLB, AS AN AUTHORIZED CERTIFYING OFFICER, FOR A DECISION IN THE MATTER OF A CLAIM OF THE ALLIED VAN LINES, INC., PER BILL NUMBERED X-4631 FOR $258.76 COVERING THE TRANSPORTATION OF HOUSEHOLD GOODS FROM WASHINGTON, D.C., TO CHICAGO, ILLINOIS, UNDER BILL OF LADING WAPB 47181 DATED AUGUST 26, 1942.

YOUR LETTER SHOWS THAT THESE HOUSEHOLD GOODS WERE THE PROPERTY OF MRS. FLORA S. LOWE, AN EMPLOYEE OF THE BUREAU OF PUBLIC DEBT, WHO WAS TRANSFERRED FROM WASHINGTON TO CHICAGO UNDER DECENTRALIZATION PROCEDURE, AND THAT APPARENTLY THE GREATER PART OF THE PROPERTY WAS DESTROYED OR OTHERWISE RENDERED VALUELESS BY A FIRE ON SEPTEMBER 16, 1942, WHILE IN A WAREHOUSE OF THE GARFIELD PARK STORAGE COMPANY AT CHICAGO. YOU INDICATE THAT MRS. LOWE SUBMITTED (TO THE CARRIER) A "TOTAL INVENTORY" SHOWING EITHER THE VALUE OR THE PURCHASE PRICE OF HER PROPERTY AS $1,326.70; THAT THE ALLIED VAN LINES, INC., OFFERED MRS. LOWE $784.50 AS "PARTIAL SETTLEMENT" FOR THIS INVENTORY; THAT THIS LAST "FIGURE IS SATISFACTORY TO MRS. LOWE" WHO HAS SIGNED A "PARTIAL RELEASE" FOR THIS AMOUNT; BUT THAT THE ALLIED VAN LINES, INC., WOULD "NOT PAY ( MRS. LOWE) UNTIL ADVISED" THAT "THE TARIFFS WILL BE PAID.' YOU INDICATE, ALSO, THAT NUMEROUS OTHER SIMILAR CASES PROBABLY WILL ARISE IN CONNECTION WITH THE SAME FIRE AND THAT THE OFFICE OF DECENTRALIZATION SERVICE GAVE INSTRUCTIONS ON OCTOBER 20, 1942, TO " NOTIFY CARRIERS THE FREIGHT AND PACKING CHARGES ON GOODS DAMAGED IN CHICAGO FIRE WILL BE PAID BY GOVERNMENT.'

IT IS NOTED THAT ON NOVEMBER 3, 1942, MRS. LOWE APPEARS TO HAVE SIGNED BILL OF LADING WAPB 47181 AS HAVING---

* * * THIS DAY RECEIVED FROM ALLIED VAN LINES AT CHICAGO, ILL. THE * * * PROPERTY DESCRIBED IN THIS BILL OF LADING, IN APPARENT GOOD ORDER AND CONDITION, EXCEPT AS NOTED ON THE REVERSE HEREOF. * * * WEIGHT THREE THOUSAND, FIVE HUNDRED, SIXTY POUNDS. * * * THERE IS NO EXCEPTION NOTED ON THE REVERSE OF THE BILL OF LADING AND AS 3,560 POUNDS APPARENTLY WAS THE FULL WEIGHT OF THE PROPERTY SHIPPED IT IS APPARENT THAT THIS CERTIFICATE OF DELIVERY IS NOT CONSISTENT WITH THE RECORD OTHERWISE WHICH INDICATES THAT NO MORE THAN A SMALL PART OF THIS PROPERTY ACTUALLY WAS DELIVERED TO MRS. LOWE.

THE CARRIER'S BILL X-4631, WHICH APPARENTLY WAS RECEIVED BY THE FEDERAL WORKS AGENCY, JANUARY 25, 1943, IS STATED AS FOLLOWS:

CHART

WASHINGTON, D.C.

CHICAGO, ILL. 3560 (POUNDS), $5.81 (RATE PER

100 POUNDS) ----------$206.84

TEMPORARY STORAGE CHARGE:

.20 (RATE PER 100 POUNDS) ------------------------- 7.12

.30 (RATE PER 100 POUNDS) ------------------------- 10.68

.20 (RATE PER 100 POUNDS) ------------------------- 7.12

PACKING AND UNPACKING AS PER FREIGHT BILL ATTACHED --- 27.00

258.76

THE "FREIGHT BILL ATTACHED" SHOWS IN THIS CONNECTION AS FOLLOWS:

CHART

ITEM QUANTITY- EACH

CHARGE

THIRTY ------------------------------------ ----------------------------- ------ PACKING AND UNPACKING --- BARRELS --------- 4 4.00 16.00 RATES INCLUDE: * * *

(1) PACKING, UNPACKING CARTONS NOT OVER 5 1.00 5.00

AND THE USE OF 3 CU. FT.

PACKING CONTAINERS

AND MATERIALS, OR

(2) PACKING AND THE OVER 3 CU. FT. NOT 2 1.50 3.00

PACKING CONTAINERS OVER 6 CU. FT.

AND MATERIALS IN

THE EVENT THAT SUCH

PACKING CONTAINERS

AND MATERIALS ARE

RETAINED BY THE

SHIPPER OR

CONSIGNEE. * * *

MATTRESS CARTON --- 2 1.50 3.00

TOTAL ------------------------------------------------ 27.00 ASIDE FROM THE PACKING AND UNPACKING CHARGES THE FOREGOING RATES ARE BASED ON A WEIGHT OF 3,560 POUNDS.

YOU STATE THAT YOU ARE "IN DOUBT AS TO WHAT PORTION, IF ANY, OF THE AMOUNT CLAIMED BY THE CARRIER FOR TRANSPORTATION AND ACCESSORIAL CHARGES IS PROPERLY TO BE CERTIFIED FOR PAYMENT" AND YOU REQUEST DECISION---

* * * AS TO WHICH OF THE FOLLOWING METHODS SHOULD BE EMPLOYED IN CERTIFYING THE ENCLOSED VOUCHER FOR PAYMENT:

(A) PAY ALL OF THE TARIFFS ASSESSED?

(B) PAY ONLY THE TARIFF FOR SERVICES PERFORMED UP TO THE TIME OF THE FIRE?

(C) PAY THE TARIFF ONLY ON THAT PORTION OF THE SHIPMENT THAT WAS NOT DESTROYED IN THE FIRE AND WAS ULTIMATELY DELIVERED TO FINAL DESTINATION OR TO A PLACE OF RESIDENCE SELECTED BY THE SHIPPER?

(D) PAY NO PORTION OF THE CLAIM?

(1) IF THE THIRD PROCEDURE "C" ABOVE, IS TO BE FOLLOWED MAY THE ENTIRE AMOUNT CLAIMED BY THE CARRIER FOR PACKING SERVICE PERFORMED AT POINT OF ORIGIN ( WASHINGTON, D.C.,) PRIOR TO THE SHIPMENT BE PAID WHETHER OR NOT THE MATERIALS WERE DESTROYED IN THE FIRE? ALSO, IF THIS PROCEDURE IS FOLLOWED IN ARRIVING AT THE AMOUNT TO BE PAID THE CARRIER FOR THE LINE HAUL, MAY THIS OFFICE COMPUTE THE WEIGHT OF THE DELIVERED PORTION OF THE SHIPMENT FROM THE TOTAL WEIGHT THEREOF ACCORDING TO THE RATIO OF THE CUBICAL CONTENT OF THE DELIVERED PORTION TO THE CUBICAL CONTENT OF THE ENTIRE SHIPMENT OR MUST THE CARRIER ACTUALLY WEIGH THE PORTION THAT WAS DELIVERED?

(2) IS THE CARRIER ENTITLED TO PAYMENT FOR A FULL MONTH OF STORAGE AS PROVIDED BY THE TARIFF HEREINBEFORE REFERRED TO, OR SHOULD IT BE REIMBURSED ONLY FOR THAT PORTION OF THE MONTH (13 DAYS) THAT THE SHIPMENT WAS IN STORAGE PRIOR TO ITS DESTRUCTION BY FIRE?

BILL OF LADING WAPB 47181 SHOWS THAT THE HOUSEHOLD GOODS SHIPPED THEREUNDER WERE DELIVERED ON AUGUST 29, 1942, TO THE ALLIED VAN LINES, INC., AT WASHINGTON, D.C. (2505 - 13TH STREET, N.W.) TO BE FORWARDED TO CHICAGO, ILLINOIS,"BY THE SAID COMPANY AND CONNECTING LINES, THERE ( CHICAGO) TO BE DELIVERED IN LIKE GOOD ORDER AND CONDITION TO" MRS. LOWE. ON THE FACE OF THIS BILL OF LADING THERE THEN APPEARED THE REMARK---

STORAGE IN TRANSIT AT ALLIED VAN LINES, INC., 1018 SO. WABASH AVE., CHICAGO, ILLINOIS, PERMITTED FOR NOT TO EXCEED 60 DAYS UNDER PROVISIONS OF HOUSEHOLD GOODS CARRIERS BUREAU TARIFF 20MF, I.C.C. NO. 28. BILL OF LADING WAPB 47181 PROVIDED, ALSO, THAT THE SHIPMENT WAS TO BE FORWARDED "SUBJECT TO CONDITIONS STATED ON THE REVERSE" OF THE BILL OF LADING IN PERTINENT PART AS FOLLOWS---

CONDITIONS

IT IS MUTUALLY AGREED AND UNDERSTOOD BETWEEN THE UNITED STATES AND CARRIERS WHO ARE PARTIES TO THIS BILL OF LADING THAT---

1. PREPAYMENT OF CHARGES SHALL IN NO CASE BE DEMANDED BY CARRIER, NOR SHALL COLLECTION BE MADE FROM CONSIGNEE. ON PRESENTATION TO THE OFFICE INDICATED ON THE FACE HEREOF OF THIS BILL OF LADING, PROPERLY ACCOMPLISHED, ATTACHED TO FREIGHT VOUCHER PREPARED ON THE AUTHORIZED GOVERNMENT FORM, PAYMENT WILL BE MADE TO THE LAST CARRIER * * *.

2. UNLESS OTHERWISE SPECIFICALLY PROVIDED OR OTHERWISE STATED HEREON, THIS BILL OF LADING IS SUBJECT TO THE SAME RULES AND CONDITIONS AS GOVERN COMMERCIAL SHIPMENTS MADE ON THE USUAL FORMS PROVIDED THEREFOR BY THE CARRIER.

6. RECEIPT OF THE SHIPMENT IS MADE SUBJECT TO THE " REPORT OF LOSS, DAMAGE, OR SHRINKAGE" NOTED HEREON.

UNDER THE "RULES AND CONDITIONS" GOVERNING COMMERCIAL SHIPMENTS MADE ON THE "USUAL FORMS PROVIDED THEREFOR BY THE CARRIER" THE LATTER WOULD RECEIVE SHIPMENTS "CONSIGNED AND DESTINED AS SHOWN BELOW" AND AGREE "TO CARRY TO DESTINATION INDICATED BELOW"--- CONSIGNED TO----------------- --- -------- ADDRESS --------------------------------- CITY ---------- ------- ------------------ STATE --------------------- SEE HOUSEHOLD GOODS CARRIERS' BUREAU AGENT TARIFF NO. 20, MF-1I.C.C. 28, PAGE 11," UNIFORM HOUSEHOLD GOODS BILL OF LADING FOR MOTOR CARRIERS," TRANSPORTING A COMMERCIAL SHIPMENT THEREUNDER WOULD RECEIVE THE CONSOLIDATED FREIGHT CLASSIFICATION NO. 15, PAGE 303, UNDER WHICH A CARRIER TRANSPORTING A COMMERCIAL SHIPMENT THEREUNDER WOULD RECEIVE THE PROPERTY "MARKED CONSIGNED AND DESTINED AS INDICATED BELOW" AND AGREE ,TO CARRY TO ITS (THE CARRIER-S) USUAL PLACE OF DELIVERY AT SAID DESTINATION.' CONSIGNED TO --- ------------------------- DESTINATION - ---------- STATE OF -------------- COUNTY OF -----------

IT WOULD SEEM, THEREFORE, THAT "DESTINATION" HAS A DIFFERENT AND MORE COMPREHENSIVE MEANING UNDER THE HOUSEHOLD GOODS BILL OF LADING THAN UNDER THE UNIFORM BILL OF LADING--- TO WIT: UNDER THE FORMER BILL OF LADING "DESTINATION" SIGNIFIES NOT ONLY THE CITY OR TOWN BUT ALSO THE CONSIGNEE'S ADDRESS THEREIN, WHILE UNDER THE UNIFORM BILL OF LADING "DESTINATION" MEANS NO MORE THAN THE CITY OR TOWN INDICATED. AS CONCERNS TRANSPORTATION OF HOUSEHOLD GOODS BY MOTOR CARRIERS THIS CONCLUSION IS CONSISTENT WITH THE WELL KNOWN PRACTICE OF SUCH CARRIERS' PICKING UP THE ARTICLES AT THE CONSIGNOR'S HOUSE AND DELIVERING THEM TO THE CONSIGNEE'S HOUSE. SEE IN THIS CONNECTION PRACTICES OF MOTOR COMMON CARRIERS OF HOUSEHOLD GOODS, 17 M.C.C. 467, 476, WHERE IT IS SAID---

IN THE TRANSPORTATION OF HOUSEHOLD GOODS, COMMON CARRIERS BY MOTOR VEHICLE OF THAT COMMODITY RENDER A SPECIALIZED AND PERSONALIZED SERVICE WHICH IS MORE CONVENIENT TO THE PUBLIC THAN THAT OFFERED BY OTHER TRANSPORTATION AGENCIES. THE CONTENTS OF HOMES AND OTHER ESTABLISHMENTS ARE MOVED DIRECTLY THEREFROM, GENERALLY UNCRATED, TO THE POINT OF DESTINATION WHERE THE ARTICLES ARE PLACED IN THE HOME OR OTHER ESTABLISHMENT IN ACCORDANCE WITH THE SHIPPER'S DIRECTION. THROUGH THE MANY ACCESSORIAL SERVICES WHICH THESE CARRIERS OFFER, THEY WILL, IF THE SHIPPER DESIRES, PERFORM ALL PACKING, UNPACKING, AND OTHER SERVICES NECESSARY TO MINIMIZE THE INCONVENIENCE TO THE CUSTOMER INCIDENT TO CHANGING HIS PLACE OF RESIDENCE OR LOCATION OF HIS STORE OR OTHER ESTABLISHMENT. BECAUSE OF THE SPECIALIZED NATURE OF THE SERVICE PERFORMED BY THESE CARRIERS, THEIR INDUSTRY HAS GROWN TO THE POINT WHERE IT NOW ( JULY, 1939) PROBABLY HANDLES 90 PERCENT OF THE AVAILABLE HOUSEHOLD GOODS TRAFFIC. AND AS TO MOTOR COMMON CARRIERS GENERALLY SEE RULES AND RATES OF O.K. TRANSFER AND STORAGE COMPANY IN SOUTHERN TERRITORY, 18 M.C.C. 699, 702, WHERE IT IS SAID---

* * * OWING TO THE PHYSICAL LIMITATIONS INHERENT IN TRANSPORTATION BY WATER AND BY RAIL, SUCH CARRIERS HAVE NEVER BEEN HELD OBLIGATED TO DELIVER FREIGHT BEYOND THEIR DOCKS AND STATIONS. SUCH LIMITATIONS DO NOT APPLY IN THE CASE OF TRANSPORTATION BY MOTOR VEHICLE, ONE OF THE ADVANTAGES OF WHICH IS THE GREAT MOBILITY OF THE EQUIPMENT WITH WHICH THE TRANSPORTATION IS PERFORMED. IT THEREFORE SEEMS TOO OBVIOUS TO REQUIRE DISCUSSION THAT WHERE A TRUCKLOAD SHIPMENT MOVES FROM ONE CONSIGNOR AT ORIGIN TO ONE CONSIGNEE AT DESTINATION THE LINE-HAUL RATES ARE UNDERSTOOD TO INCLUDE ONE PICK-UP AND ONE DELIVERY. * * * SEE, ALSO, PROPORTIONAL RATES BETWEEN NORFOLK AND RICHMOND, VA., 26 M.C.C. 53, 57--- "MOTOR-CARRIER RATES GENERALLY INCLUDE THE SERVICES OF ONE PICK-UP AND ONE DELIVERY.' AND SEE CALIFORNIA MOTOR CARRIER RATES, 41 M.C.C. 19, 80, WHERE "POINT OF DESTINATION" IS DEFINED AS THE "PRECISE LOCATION AT WHICH PROPERTY IS TENDERED FOR PHYSICAL DELIVERY INTO THE CUSTODY OF THE CONSIGNEE OR HIS AGENT.'

IN THE PRESENT INSTANCE TARIFF NO. 20 SPECIFICALLY PROVIDED THAT--- " EXCEPT AS OTHERWISE PROVIDED HEREIN THE RATES NAMED IN THIS TARIFF INCLUDE ONE PICK-UP AND LOADING AT POINT OF ORIGIN AND ONE DELIVERY AND UNLOADING AT POINT OF DESTINATION; " AND THAT "RATES * * * INCLUDES LOADING AND UNLOADING AND THE ACTUAL MOVEMENT OR TRANSPORTATION OF PROPERTY FROM ORIGIN TO DESTINATION; BUT DOES NOT INCLUDE ADDITIONAL SERVICES.'" ADDITIONAL SERVICES" INCLUDE " STORAGE IN TRANSIT" UNDER TARIFF RULE 17 AND THERE DEFINED AS " (A) * * * THE HOLDING OF THE SHIPMENT IN THE WAREHOUSE OF THE CARRIER OR ITS AGENT, FOR STORAGE, PENDING FURTHER TRANSPORTATION.' ( ITALICS SUPPLIED). CONCERNING THIS PRIVILEGE, RULE 17 FURTHER PROVIDES---

(B) UNLESS OTHERWISE PROVIDED, STORAGE IN TRANSIT WILL BE EFFECTED ONLY AT THE REQUEST OF THE SHIPPER OR OWNER AND WILL BE PERMITTED ONLY IN THE WAREHOUSE OF THE CARRIER IN POSSESSION, OR ITS AGENT. FOR THE PURPOSE OF THIS RULE A CARRIER MAY DESIGNATE ANY WAREHOUSE TO SERVE AS ITS AGENT.

THE BILLS OF LADING ON SHIPMENTS STORED IN TRANSIT MUST SPECIFY THE FINAL DESTINATION.

(C) PROPERTY MOVING UNDER THIS TARIFF MAY BE STORED IN TRANSIT FOR A PERIOD NOT TO EXCEED SIXTY (60) DAYS FROM DATE OF UNLOADING SHIPMENT INTO THE WAREHOUSE. AT THE EXPIRATION OF THE TIME LIMIT SPECIFIED HEREIN THE TRANSIT PRIVILEGE WILL CEASE AND THE WAREHOUSE SHALL BE CONSIDERED THE DESTINATION OF THE SHIPMENT AND AGENT OF THE SHIPPER. (D) THE TRANSPORTATION RATES TO APPLY ON SHIPMENTS STORED IN TRANSIT UNDER THIS RULE AND FORWARDED FROM WAREHOUSE WITHIN THE TIME LIMIT SPECIFIED IN PARAGRAPH (C) WILL BE THE TRANSPORTATION RATE FROM INITIAL POINT OF ORIGIN TO FINAL DESTINATION EXCEPT WHEN THE SHIPPER ORDERS SHIPMENT STORED AT A POINT NOT VIA THE SHORTEST ROUTE BETWEEN POINT OF ORIGIN AND DESTINATION THE TRANSPORTATION RATE SHALL BE AT THE MILEAGE VIA THE STORAGE POINTS.

(E) RATES SHOWN IN THIS TARIFF DO NOT INCLUDE THE EXTRA SERVICE REQUIRED IN THE UNLOADING AND LOADING OF STORAGE IN TRANSIT SHIPMENTS INTO OR OUT OF WAREHOUSE. WHEN A STORAGE IN TRANSIT SHIPMENT IS PLACED IN WAREHOUSE, A CHARGE WILL BE MADE TO COVER THE EXTRA SERVICE OF UNLOADING INTO WAREHOUSE FOR STORAGE AND RELOADING ONTO CARRIER'S VEHICLE, AS SHOWN IN THIS TARIFF.

(F) IF A SHIPMENT REMAINS IN STORAGE AFTER EXPIRATION OF THE TIME LIMIT SPECIFIED IN PARAGRAPH (C) TRANSPORTATION CHARGES FROM INITIAL POINT OF PICK-UP TO WAREHOUSE AND ALL OTHER LAWFUL CHARGES MUST BE PAID BY THE SHIPPER OR OWNER OF THE PROPERTY AT THE EXPIRATION OF SUCH TIME LIMIT.

IF A SHIPMENT REMAINS IN STORAGE AFTER EXPIRATION OF TIME LIMIT SPECIFIED IN PARAGRAPH (C) TRANSPORTATION CHARGES FROM INITIAL POINT OF PICK-UP TO WAREHOUSE SHALL BE DETERMINED BY USE OF APPLICABLE TRANSPORTATION RATES AND IN SUCH CASES THE UNLOADING AND LOADING CHARGE WILL NOT APPLY. * * *

(G) AFTER EXPIRATION OF TIME LIMIT, PROPERTY WILL REMAIN IN CARRIER'S OR AGENT'S WAREHOUSE WITH CARRIER'S LIABILITY LIMITED TO THAT OF AWARE HOUSEMAN, OR THE CARRIER, MAY AT ITS ELECTION, PLACE THE PROPERTY IN A PUBLIC WAREHOUSE IN THE NAME OF THE SHIPPER OR OWNER SUBJECT TO A LIEN FOR TRANSPORTATION AND OTHER LAWFUL CHARGES.

(H) WHEN GOODS ARE PLACED IN A PUBLIC WAREHOUSE INSTEAD OF CARRIER'S OR AGENT'S WAREHOUSE AT THE REQUEST OF THE SHIPPER, THE LOCATION OF SUCH PUBLIC WAREHOUSE WILL BE USED AS THE POINT OF DESTINATION AND MUST BE SO NOTED ON THE BILL OF LADING AND FREIGHT BILL. THE LIABILITY ON THE PART OF THE CARRIER WILL CEASE WHEN THE SHIPMENT IS UNLOADED INTO SUCH PUBLIC WAREHOUSE. THE SHIPMENT WILL BE STORED IN THE NAME OF THE OWNER,SHIPPER OR CONSIGNEE. TRANSPORTATION CHARGES MUST BE PAID PRIOR TO DELIVERY AT THE PUBLIC WAREHOUSE. ( ITALICS SUPPLIED.)

IT WILL BE NOTED THAT TARIFF RULE 17 PROVIDES FOR "STORAGE IN TRANSIT" WHICH IS DEFINED IN SUBSTANCE AS A HOLDING OF THE SHIPMENT IN THE CARRIER'S WAREHOUSE "PENDING FURTHER TRANSPORTATION," SUCH WAREHOUSE BEING SOMEWHERE BETWEEN POINTS DESIGNATED VARIOUSLY AS "INITIAL POINT OF ORIGIN," ,POINT OF ORIGIN," "INITIAL POINT OF PICKUP," ETC., AND POINTS DESIGNATED VARIOUSLY AS "FINAL DESTINATION," "DESTINATION," ETC.; BUT IT IS TO BE NOTED, ALSO, THAT RULE 17 SPEAKS FURTHER OF RATES TO "WAREHOUSE; " AND OF "LOCATION OF SUCH PUBLIC WAREHOUSE" AS THE "POINT OF DESTINATION; " AND PROVIDES THAT IN CERTAIN CIRCUMSTANCES THE "WAREHOUSE" SHALL BE CONSIDERED THE "DESTINATION" OF THE SHIPMENT. IT SEEMS, THEREFORE, THAT UNDER RULE 17, AND UNDER THE HOUSEHOLD GOODS BILL OF LADING FORM, THE TERM "DESTINATION" INCLUDES, AS AN ESSENTIAL PART THEREOF, THE CONSIGNEE'S STREET ADDRESS AS WELL AS THE NAME OF THE CITY TOWN OR STATE WHERE THE GOODS WERE TO BE DELIVERED. THIS CONCLUSION IS CONSISTENT WHAT WAS STATED IN PRACTICES OF MOTOR COMMON CARRIERS OF HOUSEHOLD GOODS, SUPRA, AND IT SEEMS CLEAR THAT THIS WAS THE UNDERSTANDING ON THE PART OF BOTH THE ADMINISTRATIVE OFFICE AND THE ALLIED VAN LINES, INC., AT THE TIME THE TRANSPORTATION HERE CONCERNED WAS ARRANGED--- OTHERWISE THERE WOULD HAVE BEEN NO POINT IN THE REFERENCE ON THE FACE OF THE BILL OF LADING TO TARIFF NO. 20 AND THE " STORAGE IN TRANSIT" PERMITTED THEREUNDER; NOR WOULD THERE HAVE BEEN ANY REQUIREMENT OR NEED FOR THE REFERRED TO AGREEMENT "BETWEEN THE SEVERAL CARRIERS AND THE PUBLIC BUILDINGS ADMINISTRATION THAT THE PORTION OF * * * RULE 17, PERTAINING TO STORAGE IN TRANSIT REQUIRING "THE BILLS OF LADING ON SHIPMENTS STORED IN TRANSIT MUST SPECIFY THE FINAL DESTINATION," BE WAIVED AND THAT THE FINAL DESTINATION ADDRESS COULD BE FURNISHED AT ANY TIME WITHIN THE STORAGE IN TRANSIT PERIOD.' ( ITALICS SUPPLIED.)

THE AGREEMENT THUS REFERRED TO APPARENTLY WAS ENTERED INTO IN THE LIGHT OF THE PROVISO IN SECTION 217 (B) OF THE " MOTOR CARRIER ACT, 1935," 49 STAT. 543, 561, AND, OBVIOUSLY, WAS IN CONTEMPLATION OF FURTHER SERVICE BY THE CARRIER AS A PART OF THE THROUGH SERVICE CONTRACTED FOR AND OTHERWISE AVAILABLE UNDER THE PROVISIONS OF TARIFF NO. 20 AND AT THE RATES NAMED THEREIN AS STATED IN SUBSTANCE ON THE CARRIER'S BILL X-4631 AND THE FREIGHT BILL THERE REFERRED TO. IN SHORT, THEREFORE, THE RECORD INDICATES THAT THIS PROPERTY WAS TO REMAIN IN THE CUSTODY AND POSSESSION OF THE ALLIED VAN LINES, INC., FOR NOT MORE THAN 60 DAYS AFTER UNLOADING AT CHICAGO OR UNTIL WITHIN THAT TIME THE CARRIER PERFORMED THE "FURTHER TRANSPORTATION" AND OTHER SERVICE IN CONNECTION THEREWITH AND THE UNPACKING, ETC., IN ACCORDANCE WITH THE CONTRACT OF AFFREIGHTMENT.

IN VIEW OF THE ABOVE IT MUST BE HELD THAT THE TRANSPORTATION OF THIS PROPERTY OR SHIPMENT WAS NOT ENDED OR CONTEMPLATED TO BE ENDED WHEN THE ARTICLES WERE PLACED IN THE WAREHOUSE, THE EFFECT BEING THAT THE SHIPMENT THERE CAME TO A TEMPORARY REST IN THE POSSESSION OF THE CARRIER OR ITS AGENT. AND THE PRESENT RECORD INDICATES THAT THE GREATER PART OF THE PROPERTY WAS DESTROYED OR OTHERWISE RENDERED VALUELESS BY FIRE WHILE THUS IN THE CUSTODY OR POSSESSION OF THE ALLIED VAN LINES, INC., OR ITS AGENT, AND LONG PRIOR TO THE LAPSE OF THE 60 DAY PERIOD; THAT, THEREFORE, THE CARRIER COULD NOT DELIVER THE PROPERTY TO THE CONSIGNEE "IN LIKE GOOD ORDER AND CONDITION" AS RECEIVED AS THE CONTRACT UNDER BILL OF LADING WAPB 47181 REQUIRED; OR IN FACT MAKE ANY DELIVERY OF A GREATER PART OF THE PROPERTY; AND THAT ACCORDINGLY THERE WAS NOT AND COULD NOT HAVE BEEN COMPLETE PERFORMANCE IN GREATER PART BY THE CARRIER OF THE SERVICE CONTRACTED FOR.

IT HAS LONG BEEN THE WELL ESTABLISHED RULE THAT A CARRIER WILL BE PAID FROM APPROPRIATED MONEYS ONLY THAT AMOUNT THAT IS DUE ON THE BASIS OF SUCH PART OF THE SHIPMENT AS IS DELIVERED IN ACCORDANCE WITH THE CONTRACT OF AFFREIGHTMENT. 4 COMP. GEN. 562; 6 COMP. GEN. 698; 16 COMP. GEN. 542. ACCORDINGLY, THERE IS NO APPARENT BASIS ON THE PRESENT RECORD FOR PAYMENT OF THE AMOUNT CLAIMED ON BILL X-4631 WHICH IS STATED FOR THE CHARGES THAT APPARENTLY WOULD HAVE BEEN DUE IN THE EVENT OF COMPLETE PERFORMANCE BY THE CARRIER; AND ANY PAYMENT OTHERWISE PROPER SHOULD BE LIMITED TO THE TARIFF CHARGES "ON THAT PORTION OF THE SHIPMENT THAT WAS NOT DESTROYED IN THE FIRE AND WAS ULTIMATELY DELIVERED TO FINAL DESTINATION OR TO A PLACE OF RESIDENCE SELECTED BY THE SHIPPER.' SEE YOUR QUESTION "/C).' SUCH CHARGES SHOULD INCLUDE,"FOR PACKING SERVICE PERFORMED AT POINT OF GIN," ONLY SUCH CHARGES INCLUDED IN THE ITEMS TOTALING $27 AS WERE APPLICABLE TO THAT PORTION OF THE SHIPMENT ACTUALLY DELIVERED TO THE CONSIGNEE AND THE PACKING CONTAINERS AND MATERIALS NOT RETURNED TO THE CARRIER. SEE FIRST PART OF YOUR QUESTION "/1).' AS THE TARIFF CHARGES, ASIDE FROM THE PACKING AND UNPACKING CHARGES, WERE IN CENTS PER 100 POUNDS THE AMOUNT TO BE PAID FOR "LINE HAUL" WOULD APPEAR TO BE PROPERLY FOR COMPUTATION ON THE RATIO OF THE ACTUAL WEIGHT OF THE GOODS FINALLY DELIVERED TO THE ACTUAL WEIGHT OF THE SHIPMENT. SEE SECOND PART OF YOUR QUESTION "/1).' TARIFF NO. 20 PROVIDED THAT THE STORAGE RATES NAMES THEREIN WERE "FOR EACH 30 DAYS OR FRACTION THEREOF" SUCH CHARGES AS MAY BE FOUND PROPERLY PAYABLE IN THIS CONNECTION WOULD NOT BE SUBJECT TO DIMINUTION MERELY BECAUSE THE STORAGE PERIOD MAY HAVE BEEN LESS THAN 30 DAYS. SEE YOUR QUESTION ,/2).' IN THIS CONNECTION IT IS NOTED THAT WHILE THE TARIFF HERE INVOLVED PERMITS STORAGE IN TRANSIT FOR A PERIOD NOT TO EXCEED 60 DAYS THE PRESIDENT'S LETTER OF ALLOCATION, DATED DECEMBER 8, 1942 ( ALLOCATION NO. 42/3-83), REFERS TO CERTAIN PRIOR LETTERS WHICH, WITH THE LETTER OF DECEMBER 8, 1942, MADE ALLOCATIONS TOTALING $6,417,000, AND STATES:

IN ADDITION TO THE PURPOSES FOR WHICH SAID $6,417,000 IS AVAILABLE AS SPECIFIED IN SUCH LETTERS SAID FUNDS SHALL BE AVAILABLE TO THE PUBLIC BUILDINGS ADMINISTRATION FOR STORAGE IN TRANSIT FOR NOT TO EXCEED 30 DAYS OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF EMPLOYEES OF DECENTRALIZED AGENCIES WHERE THE COMMISSIONER OF PUBLIC BUILDINGS SHALL DETERMINE THAT SUCH ACTION IS NECESSARY AS A RESULT OF CONDITIONS BEYOND THE CONTROL OF THE EMPLOYEES CONCERNED. UNDER THIS PROVISION PAYMENT OF STORAGE IN TRANSIT CHARGES FOR A PERIOD IN EXCESS OF 30 DAYS WOULD NOT BE AUTHORIZED.