B-5262, AUGUST 3, 1939, 19 COMP. GEN. 151

B-5262: Aug 3, 1939

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THERE IS NO SUFFICIENT BASIS FOR SAID DEDUCTION FROM TRANSPORTATION CHARGES ON SHIPMENTS HANDLED IN TRAP-CAR SERVICE AT A GOVERNMENT WAREHOUSE RATHER THAN DELIVERED BY THE GOVERNMENT TO THE CARRIER AT ITS FREIGHT DEPOT. PROVIDES: ITEM 10: * * * ON SHIPMENTS OF FREIGHT MOVING UNDER LESS-THAN-CARLOAD OR ANY QUANTITY RATES THE FOLLOWING WILL APPLY: PICK-UP SERVICE AS DEFINED IN ITEM 20 WILL BE PERFORMED * * * WITHOUT ADDITIONAL CHARGE ABOVE THE TARIFF RATE * * *. OR IN LIEU THEREOF AN ALLOWANCE AS PROVIDED IN ITEM 180 WILL BE MADE TO CONSIGNOR WHO ELECTS TO MAKE HIS OWN ARRANGEMENTS FOR DELIVERY OF SHIPMENTS TO CARRIER'SFREIGHT DEPOT. THE TERM "1CARRIER'S FREIGHT DEPOT" MEANS THE FREIGHT DEPOT OR FREIGHT STATION LOCATED ON AND SERVED BY THE TRACKS OF THE PARTICIPATING CARRIER AND AT WHICH LESS-THAN-CARLOAD FREIGHT IS ORDINARILY LOADED IN OR ON OR UNLOADED FROM RAILWAY CARS.

B-5262, AUGUST 3, 1939, 19 COMP. GEN. 151

TRANSPORTATION - PICK-UP AND DELIVERY ALLOWANCES - LOADING IN TRAP-CAR SERVICE V. DELIVERY BY GOVERNMENT AT CARRIER'S DEPOT WHERE A TARIFF REQUIRES, IN ADDITION TO OTHER PERTINENT PROVISIONS, DELIVERY OF SHIPMENTS TO CARRIER'S FREIGHT DEPOT BY THE CONSIGNOR AS A CONDITION PRECEDENT TO THE DEDUCTION BY THE CARRIER OF THE PICK-UP ALLOWANCE, THERE IS NO SUFFICIENT BASIS FOR SAID DEDUCTION FROM TRANSPORTATION CHARGES ON SHIPMENTS HANDLED IN TRAP-CAR SERVICE AT A GOVERNMENT WAREHOUSE RATHER THAN DELIVERED BY THE GOVERNMENT TO THE CARRIER AT ITS FREIGHT DEPOT, BUT THE MATTER MAY REQUIRE, IF ADMINISTRATIVELY SO DETERMINED, THE REPORTING TO THE INTERSTATE COMMERCE COMMISSION OF THE CARRIER'S LACK OF ADEQUATE FACILITIES FOR HANDLING LESS- THAN-CARLOAD SHIPMENTS AT ITS DEPOT WITH A VIEW TO AMENDMENT OF THE PICK- UP ALLOWANCE PROVISIONS TO REQUIRE SUCH ALLOWANCES UPON THE LOADING OF SUCH SHIPMENTS IN TRAP-CAR SERVICE AT THE GOVERNMENT WAREHOUSE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, AUGUST 3, 1939:

THE FINANCE OFFICE, TRANSPORTATION BRANCH, UNDER FILE NO. 554.4-TB, DATED DECEMBER 17, 1938, SUBMITTED TO THIS OFFICE CINCINNATI, NEW ORLEANS, AND TEXAS PACIFIC RAILWAY COMPANY'S SUPPLEMENTAL BILL NO. 5-37 F-189-A, AND THIRTEEN OTHERS, ALL OF WHICH INVOLVE THE QUESTION OF THE RIGHT OF THE UNITED STATES TO ALLOWANCE AS FOR "PICKUP" SERVICE AT FORT OGLETHORPE, GA., IN CONNECTION WITH SHIPMENTS OF LESS-THAN-CARLOAD FREIGHT FROM THAT STATION.

CENTRAL OF GEORGIA RAILWAY TARIFF, I.C.C. NO. 2969, PUBLISHES RULES, CHARGES, AND ALLOWANCES GOVERNING THE PICK-UP AND/OR DELIVERY OF LESS THAN -CARLOAD FREIGHT AT STATIONS ON THE CENTRAL OF GEORGIA RAILWAY COMPANY, NAMED IN TARIFF, AND PROVIDES:

ITEM 10:

* * * ON SHIPMENTS OF FREIGHT MOVING UNDER LESS-THAN-CARLOAD OR ANY QUANTITY RATES THE FOLLOWING WILL APPLY:

PICK-UP SERVICE AS DEFINED IN ITEM 20 WILL BE PERFORMED * * * WITHOUT ADDITIONAL CHARGE ABOVE THE TARIFF RATE * * *, OR IN LIEU THEREOF AN ALLOWANCE AS PROVIDED IN ITEM 180 WILL BE MADE TO CONSIGNOR WHO ELECTS TO MAKE HIS OWN ARRANGEMENTS FOR DELIVERY OF SHIPMENTS TO CARRIER'SFREIGHT DEPOT.

ITEM 20:

THE TERM "1PICK-1UP SERVICE," AS USED IN THIS TARIFF, REFERS TO THE SERVICE OF THE CARRIER INVOLVED IN CALLING FOR AND COLLECTING FREIGHT, AND RECEIPTING THEREFOR, FROM DOCK, PLATFORM OR DOORWAY DIRECTLY ACCESSIBLE TO HIGHWAY VEHICLES, AT CONSIGNOR'S WAREHOUSE, FACTORY, STORE, OR SIMILAR PLACE OF BUSINESS; AND INCLUDES TRANSPORTATION THEREFROM TO THE PREMISES OF THE CARRIER'S FREIGHT DEPOT.

THE TERM "1CARRIER'S FREIGHT DEPOT" MEANS THE FREIGHT DEPOT OR FREIGHT STATION LOCATED ON AND SERVED BY THE TRACKS OF THE PARTICIPATING CARRIER AND AT WHICH LESS-THAN-CARLOAD FREIGHT IS ORDINARILY LOADED IN OR ON OR UNLOADED FROM RAILWAY CARS.

ITEM 180:

WHEN THE CONSIGNOR ELECTS TO MAKE HIS OWN ARRANGEMENTS FOR THE PICK UP SERVICE AUTHORIZED HEREIN, AN ALLOWANCE OF 5 CENTS PER 100 POUNDS WILL BE MADE TO SUCH CONSIGNOR FOR SUCH SERVICE * * *. SAID ALLOWANCE WILL BE MADE ONLY ON SHIPMENTS WHICH ARE DELIVERED AND UNLOADED BY THE CONSIGNOR ON CARRIER'S FREIGHT DEPOT PLATFORM OR IN CARRIER'S FREIGHT DEPOT, AND RECEIPTED FOR BY THE CARRIER AT THE FREIGHT DEPOT LOCATED ON OR SERVED BY THE TRACKS OF SAID CARRIER.

ITEM 155 OF SUPPLEMENT NO. 6:

IN INSTANCES WHERE CONSIGNORS AND/OR CONSIGNEES HAVE SIDE-TRACK FACILITIES THE CARRIER MAY USE IN LIEU OF VEHICLES FOR PICK-UP AND/OR DELIVERY SERVICE FREIGHT CARS, BUT WHEN FREIGHT CARS ARE USED, LOADING, AND/OR UNLOADING OF CARS AT SHIPPER'S OR CONSIGNEE'S PLACE OF BUSINESS SHALL BE PERFORMED BY THE SHIPPER OR CONSIGNEE.

THE CARRIER'S BILL, REFERRED TO ABOVE, BEARS THE TYPED STATEMENT:

TRAP-CAR SERVICE AT FORT OGLETHORPE, GA. PICK-UP CHARGE 5 CENTS CWT. ON 11,641 LBS. ALLOWED IN ERROR.

THE FILE OF CORRESPONDENCE SUBMITTED TO THIS OFFICE BY THE FINANCE OFFICE WITH ITS LETTER OF DECEMBER 17, 1938, SHOWS THAT UNDER DATE OF JULY 12, 1938, FILE NO. 318/28-G, THE CHIEF TRAFFIC OFFICER OF THE CENTRAL OF GEORGIA RAILWAY ADDRESSED LT. COL. R. J. MARSHALL, QUARTERMASTER CORPS ASSISTANT, WAR DEPARTMENT, AS FOLLOWS:

REFERRING TO YOUR LETTER JULY 6 QM 554.4 T-CT ( CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC F-1584-38), IN WHICH YOU ASK IF WE WILL NOT MAKE PICK-UP ALLOWANCE OF FIVE CENTS PER 100 POUNDS ON LESS-THAN CARLOAD SHIPMENTS LOADED INTO A TRAP OR FERRY CAR AT GOVERNMENT WAREHOUSE AT FORT OGLETHORPE, GA.

THE SITUATION AT FORT OGLETHORPE IS NOT DIFFERENT FROM THAT EXISTING AT A NUMBER OF OTHER STATIONS ON OUR LINE WHERE COMMERCIAL SHIPMENTS ARE LOADED BY SHIPPERS IN CARS PLACED AT THEIR WAREHOUSES AND ON WHICH WE HAVE ASKED TO MAKE THE PICK-UP ALLOWANCE ON THE PLEA THAT SUCH HANDLING WAS A CONVENIENCE TO US AND MORE ECONOMICAL THAN HANDLING THROUGH OUR FREIGHT DEPOTS. ALL OF THESE REQUESTS HAVE HAD TO BE DECLINED BECAUSE OUR PUBLISHED TARIFF DOES NOT AUTHORIZE SUCH PAYMENTS. WHILE THE TARIFF COULD BE DEPARTED FROM IN THE CASE OF GOVERNMENT SHIPMENTS, I DO NOT FEEL THAT SUCH A DEPARTURE WOULD BE PROPER OR CONSISTENT AND THEREFORE FIND IT NECESSARY TO DECLINE YOUR REQUEST.

UNDER DATE OF SEPTEMBER 26, 1938, SEVENTH INDORSEMENT, FILE QM 554.4 T-CT ( CINCINNATI, NEW ORLEANS, AND TEXAS PACIFIC F-158-4-38) THE OFFICE OF THE QUARTERMASTER GENERAL ADVISED THE FINANCE OFFICER AS FOLLOWS:

2. IT IS RECOMMENDED THAT ANY SUPPLEMENTAL BILLS FOR ALLOWANCES PREVIOUSLY MADE UNDER THE CIRCUMSTANCES BE REFERRED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT, THAT RECORD BE MADE OF BILLS OF LADING INVOLVED, THAT INFORMATION BE OBTAINED AS TO FINAL DISPOSITION OF THE MATTER BY THE GENERAL ACCOUNTING OFFICE, AND THAT THIS OFFICE BE INFORMED CONCERNING SUCH DISPOSITION.

3. UNDER PRESENT CIRCUMSTANCES THIS OFFICE HAS NO ALTERNATIVE, DUE TO PRACTICAL NECESSITY OF EXPEDITING SETTLEMENTS, AND ACCORDINGLY FURTHER RECOMMENDS THAT BILLS OTHER THAN THOSE REFERRED TO ABOVE BE PAID WITHOUT DEDUCTION OF ALLOWANCES WHEREVER THE BILLS OF LADING BEAR THE APPROPRIATE NOTATION THAT PICK-UP OR DELIVERY SERVICE WAS NOT BY THE GOVERNMENT.

ALSO, IN LETTER DATED SEPTEMBER 29, 1938, FROM THE OFFICE OF THE QUARTERMASTER GENERAL TO THE QUARTERMASTER, FOURTH CORPS AREA, ATLANTA, GA., REQUESTING "REPORT AND RECOMMENDATION AS TO THE DESIRABLE MODE OF HANDLING LESS-THAN-CARLOAD SHIPMENTS CONSIDERING THE FOLLOWING MODES:

A. TRUCK PICK-UP AND DELIVERY BY CARRIER;

B. PICK-UP AND DELIVERY BY GOVERNMENT TRUCK;

C. CARRIERS' TRAP CAR SERVICE AS NOW RENDERED. IT BEING INDICATED THAT "IF DEVELOPED CIRCUMSTANCES WARRANT, SUBMISSION OF THE MATTER TO THE INTERSTATE COMMERCE COMMISSION IS CONTEMPLATED," THERE APPEARED THE FOLLOWING RELATIVE TO THE RIGHTS OF THE GOVERNMENT TO THE PICK-UP ALLOWANCE ON SHIPMENTS HANDLED IN TRAP CAR SERVICE AT FORT OGLETHORPE:

IN THIRD INDORSEMENT JUNE 22D THE HEADQUARTERS DISTRICT "C," C.C.C., FORT OGLETHORPE REQUESTS ADVICE AS TO PROPER NOTATION ON BILLS OF LADING. PREVIOUSLY INDICATED IN COMMUNICATION REFERRED TO THEREIN, PRIOR TO SUBMISSION OF THIS CASE FOR CONSIDERATION, HE WAS ADVISED THAT WHERE TRAP CAR SERVICE WAS RENDERED, THE GOVERNMENT COULD NOT CLAIM THE ALLOWANCE AND, ACCORDINGLY, UNDER PRESENT CIRCUMSTANCES, BILLS OF LADING SHOULD BE ANNOTATED PICK-UP SERVICE AT ORIGIN WAS NOT BY THE GOVERNMENT.

HOWEVER, BY EIGHTH INDORSEMENT OF OCTOBER 1, 1938, THE FINANCE OFFICE MADE RECOMMENDATION TO THE CHIEF OF FINANCE, AS FOLLOWS:

1. BECAUSE OF THE CONDITIONS EXISTING AT FORT OGLETHORPE, GEORGIA, IN CONNECTION WITH PICK-UP SERVICE AND THE DOUBT AS TO WHETHER OR NOT THE GOVERNMENT WAS ENTITLED TO AN ALLOWANCE BECAUSE OF THE CARRIER'S LACK OF FACILITIES TO PERMIT THE GOVERNMENT TO MAKE DELIVERY AT THE STATION PLATFORM AT ITS OPTION AS PROVIDED IN PUBLISHED TARIFFS, THIS OFFICE DEDUCTED THE PICK-UP ALLOWANCE IN PAYING THE CARRIER'S BILLS ON ALL SHIPMENTS ORIGINATING AT FORT OGLETHORPE, GEORGIA, WHERE THE CARRIERS DID NOT PERFORM ANY DRAYAGE SERVICE. DELIVERY OF SUCH SHIPMENTS WAS MADE BY VARIOUS CARRIERS IN THE SOUTHEAST AND WHERE THE CENTRAL OF GEORGIA RAILWAY COMPANY DECLINED TO ALLOW THE PICK-UP CHARGES IN INTERLINE SETTLEMENT THE DELIVERING CARRIERS SUBMITTED SUPPLEMENTAL BILLS TO THIS OFFICE FOR THE AMOUNTS DEDUCTED. APPROXIMATELY 150 OF THESE SUPPLEMENTAL BILLS ARE NOW BEING HELD IN THIS OFFICE PENDING THE OUTCOME OF THE CORRESPONDENCE INITIATED BY BASIC LETTER HERETO.

2. IN VIEW OF THE FACT THAT NO AGREEMENT HAS BEEN REACHED BETWEEN THE QUARTERMASTER GENERAL, AS TRAFFIC MANAGER FOR THE WAR DEPARTMENT, AND THE REPRESENTATIVES OF THE CARRIERS, AND AS THIS OFFICE CANNOT CONSISTENTLY AGREE TO THE DIVERSE COURSE OF PROCEDURE RECOMMENDED IN PARAGRAPHS 2 AND 3 OF THE 7TH INDORSEMENT, THE MATTER IS SUBMITTED TO YOUR OFFICE FOR ADMINISTRATIVE CONSIDERATION AND ADVICE WITH THE RECOMMENDATION THAT THIS OFFICE BE AUTHORIZED TO CONTINUE MAKING DEDUCTIONS FOR THE PICK-UP ALLOWANCE PENDING FINAL DETERMINATION OF THE MATTER AND TO SUBMIT ALL SUPPLEMENTAL BILLS NOW ON HAND AND SUBSEQUENTLY RECEIVED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT AS DISPUTED ACCOUNTS.

THE RECOMMENDATION SO MADE WAS APPROVED BY THE OFFICE CHIEF OF FINANCE IN NINTH INDORSEMENT, DATED OCTOBER 7, 1938, AS FOLLOWS:

PENDING DEFINITE AGREEMENT BETWEEN THE QUARTERMASTER GENERAL AS TRAFFIC MANAGER FOR THE WAR DEPARTMENT AND THE REPRESENTATIVES OF THE CARRIERS RECOMMENDATION AS CONTAINED IN PARAGRAPH 2, 8TH INDORSEMENT, IS APPROVED BY THIS OFFICE.

IN ADDITION TO THE FOREGOING, THE FILE CONTAINS A COPY OF A SECOND INDORSEMENT, DATED OCTOBER 15, 1938, FILE 554.4-CCC, FROM HEADQUARTERS DISTRICT "C," C.C.C., 4TH C.A., FORT OGLETHORPE, GA., SIGNED BY HOWELL M. ESTES, LIEUTENANT COLONEL, CAVALRY, TO THE COMMANDING GENERAL, FOURTH CORPS AREA, ATLANTA, GA., AS FOLLOWS:

1. IN COMPLIANCE WITH INSTRUCTIONS CONTAINED IN BASIC COMMUNICATION, THE FOLLOWING INFORMATION IS FURNISHED:

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

B. THE RESULTANT PRACTICE DEVELOPED AT THIS STATION OF PLACING TRAP CARS AT GOVERNMENT WAREHOUSE WHERE THE LABOR OF LOADING AND UNLOADING WAS PERFORMED BY GOVERNMENT LABOR IS DUE TO THE INCAPACITY OF THE CARRIER AT THIS STATION TO FUNCTION IN THAT WAY. SUCH SERVICES PERFORMED BY THE GOVERNMENT SAVED THE CARRIER INCREASED OVERHEAD IN LABOR AND EQUIPMENT, AND AT THE SAME TIME REQUIRED NO EXTRA MOVEMENT OF FREIGHT CARS, SINCE THE SIDING ALONG THE GOVERNMENT WAREHOUSE ADJOINS THE TRACK LEADING TO THE CARRIER'S FREIGHT STATION. THEREFORE, BECAUSE OF THE SAVING ACCRUING TO THE CARRIER AS A RESULT OF THE GOVERNMENT'S SERVICE AS NOTED ABOVE AND IN 3RD INDORSEMENT, FILE 554.4 T-CCC CNO AND TP F-158-4-38 ATTACHED HERETO, IT IS THE OPINION OF THIS OFFICE THAT THE GOVERNMENT HAS A JUST CLAIM FOR THE ALLOWANCE OF FIVE CENTS ).05) PER CWT., AND SUCH CLAIM IS NOT IN CONFLICT WITH ITEM 155 OF SUPPLEMENT 13 TO CENTRAL OF GEORGIA TARIFF I.C.C. 2969, SINCE THE LATTER IS BELIEVED TO HAVE BEEN WRITTEN TO PROTECT THE INTERESTS OF THE CARRIER, WHERE THE PLACING OF THAT CARRIER'S FREIGHT CARS AT THE SHIPPERS WAREHOUSE INVOLVES ADDED EXPENSE TO THE CARRIER.

C. IF PICK-UP AND DELIVERY SERVICE TO CARRIER FREIGHT HOUSE BY GOVERNMENT TRUCK WERE EFFECTED, IT WOULD REQUIRE EACH SHIPMENT BE MARKED, THEREBY ENTAILING ADDITIONAL GOVERNMENT LABOR OVER THE PRESENT SYSTEM OF TRAP CAR SERVICE.

D. PRESENT SYSTEM OF TRAP CAR SERVICE HAS PROVEN MOST SATISFACTORY, AND IT IS BELIEVED BY THIS OFFICE TO BE THE MOST EFFICIENT METHOD OF HANDLING LESS THAN CARLOAD TRAFFIC TO AND FROM THIS POST, SINCE IT PLACES NO SPECIAL REQUIREMENTS BEYOND FACILITIES AT HAND UPON THE CARRIER AND REQUIRES A MINIMUM OF LABOR UPON THE GOVERNMENT.'

AS THE RECORD ALSO SHOWED THAT THE QUESTION HERE CONCERNED HAD BEEN THE SUBJECT OF CORRESPONDENCE BETWEEN THE WAR DEPARTMENT AND THE INTERSTATE COMMERCE COMMISSION IN SEPTEMBER 1938, THIS OFFICE BY LETTER OF MAY 11, 1939, ADDRESSED THE INTERSTATE COMMERCE COMMISSION IN THAT CONNECTION AND RECEIVED REPLY OF MAY 25, 1939, AS FOLLOWS:

THE RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF MAY 11, 1939, FILE 1 LIW-C1 -648301-A.-D, IN WHICH YOU MAKE REFERENCE TO OUR LETTER OF SEPTEMBER 20 (APPARENTLY SHOULD BE SEPTEMBER 19, 1938) UNDER THE ABOVE FILE, ADDRESSED TO MAJOR WILBUR S. ELLIOTT, OFFICE OF THE QUARTERMASTER GENERAL, WAR DEPARTMENT, RELATIVE TO THE MATTER OF ALLOWANCE FOR PICK-UP SERVICE ON LESS-THAN-CARLOAD FREIGHT AT FORT OGLETHORPE, GA., AS PUBLISHED IN ITEM 180 OF CENTRAL OF GEORGIA TARIFF I.C.C. NO. 2969.

YOU ATTACH COPIES OF LETTER OF FEBRUARY 9, 1939, ADDRESSED TO YOU BY MR. W. MCN. KNAPP, CHIEF TRAFFIC OFFICER OF THIS CARRIER, AND A COMMUNICATION OF OCTOBER 15, 1938, CAPTIONED "2ND IND.' FROM LT. COLONEL HOWELL M. ESTES, DISCUSSING THE SITUATION FROM THE RESPECTIVE STANDPOINTS OF THE CARRIER AND THE WAR DEPARTMENT. THE CORRESPONDENCE HAS BEEN CAREFULLY REVIEWED BUT WE FIND THERE IS LITTLE THAT CAN BE ADDED TO THE STATEMENTS CONTAINED IN OUR PREVIOUS LETTER OF SEPTEMBER 19. AS IS OF COURSE WELL UNDERSTOOD, THE PICK-UP AND DELIVERY SERVICES WERE INAUGURATED BY THE CARRIERS TO COMBAT TRUCK COMPETITION AND TO GIVE LESS-THAN-CARLOAD SHIPPERS BY RAILROAD THE SAME ADVANTAGES IN PICK-UP AND DELIVERY AS ACCRUE TO SHIPPERS BY TRUCK. THE CORRESPONDENCE INDICATES THAT THE FREIGHT DEPOT FACILITIES OF THE RAILROAD AT FORT OGLETHORPE ARE NOT SUFFICIENT TO ACCOMMODATE THE GOVERNMENT SHIPMENTS IN THE VOLUME TENDERED AT CERTAIN PERIODS OF THE MONTH. FURTHERMORE, IT IS POINTED OUT THAT THE LOADING AND HANDLING ARE PERFORMED BY THE GOVERNMENT UNDER THE TRAP CAR ARRANGEMENT, THUS SAVING THE CARRIERS CERTAIN EXPENSES IN LABOR AND EQUIPMENT, AND NO EXTRA MOVEMENT OF THE CARS IS REQUIRED, DUE TO THE CONVENIENT LOCATION OF THE GOVERNMENT WAREHOUSE. UNDER SUCH CIRCUMSTANCES LT. COLONEL ESTES REACHES THE CONCLUSION THAT THE UNITED STATES SHOULD BE ALLOWED 5 CENTS PER 100 POUNDS FOR THE PICK-UP SERVICE IN CONNECTION WITH LESS THAN- CARLOAD FREIGHT LOADED IN CARS PLACED AT THE GOVERNMENT WAREHOUSE AT FORT OGLETHORPE.

UNDER THE TARIFF MENTIONED THE CARRIER HOLDS ITSELF OUT TO PERFORM CERTAIN PICK-UP AND DELIVERY SERVICES ON LESS-THAN-CARLOAD FREIGHT AND ITEM 155 PROVIDES THAT WHERE SIDE TRACK FACILITIES ARE AVAILABLE THE CARRIER MAY USE FREIGHT CARS IN LIEU OF VEHICLES AND WHEN SUCH CARS ARE USED LOADING AND UNLOADING AT THE PLACES OF BUSINESS SHALL BE PERFORMED BY THE SHIPPER OR CONSIGNEE. ITEM 180 OF THE TARIFF, ACCORDING TO OUR PRESENT UNDERSTANDING THEREOF, PURPORTS TO AUTHORIZE ALLOWANCE TO THE CONSIGNOR OR CONSIGNEE WHO MAKES HIS OWN ARRANGEMENTS FOR THE PICK-UP AND DELIVERY SERVICE AUTHORIZED IN THE TARIFF; THAT IS TO SAY, THE ALLOWANCE ACCRUES TO THOSE WHO PERFORMED SERVICES WHICH WOULD OTHERWISE DEVOLVE UNDER THE TARIFF UPON THE CARRIER. INASMUCH AS THE CARS ARE PLACED AT THE GOVERNMENT WAREHOUSE AT FORT OGLETHORPE UNDER ITEM 155 WE SEE NO BASIS FOR ANY ALLOWANCE TO THE GOVERNMENT AS CONSIGNOR UNDER THE PRESENT LANGUAGE OF THE TARIFF CITED.

IN VIEW OF THE TARIFF PROVISION REQUIRING DELIVERY OF SHIPMENTS TO THE CARRIER'S FREIGHT DEPORT BY THE CONSIGNOR, AS A CONDITION PRECEDENT TO PAYMENT BY THE CARRIER OF THE PICK-UP ALLOWANCE, IT DOES NOT APPEAR THAT THERE IS ANY SUFFICIENT BASIS TO SUSTAIN A DISALLOWANCE OF CARRIER'S CLAIM FOR PICK-UP ALLOWANCES DEDUCTED FROM ITS BILLS FOR TRANSPORTATION CHARGES ON SHIPMENTS HANDLED IN TRAP CAR SERVICE RATHER THAN DELIVERED BY THE CONSIGNOR TO THE CARRIER AT ITS FREIGHT DEPOT OR FREIGHT DEPOT PLATFORM, AND, ACCORDINGLY, THE CARRIER'S CLAIMS IN WHICH THE FACTS ARE SHOWN TO BE AS INDICATED IN THE ABOVE CORRESPONDENCE WILL BE CERTIFIED FOR ALLOWANCE, IF OTHERWISE CORRECT.

IN VIEW, HOWEVER, OF THE EXPRESSED DESIRE ON THE PART OF BOTH THE FINANCE OFFICE AND THE OFFICE OF THE QUARTERMASTER GENERAL TO BE INFORMED AS TO THE ACTION TAKEN BY THIS OFFICE UPON THE CLAIMS IN QUESTION IT HAS BEEN DEEMED PROPER TO BRING THE MATTER TO YOUR ATTENTION, AND TO STATE THAT ANY QUESTION AS TO WHETHER LESS-THAN CARLOAD SHIPMENTS BY THE WAR DEPARTMENT FROM FORT OGLETHORPE SHOULD BE DELIVERED TO THE CARRIER AT ITS FREIGHT DEPOT OR LOADED UPON TRAP CARS AT GOVERNMENT WAREHOUSES WOULD APPEAR TO BE A MATTER FOR ADMINISTRATIVE DETERMINATION, BUT THAT WHERE THE ELECTION IS TO USE THE TRAP-CAR SERVICE THIS OFFICE HAS FOUND NO AUTHORITATIVE BASIS FOR DISALLOWING THE CARRIERS' CLAIMS FOR AMOUNTS DEDUCTED, AS FOR PICK-UP ALLOWANCE, FROM CHARGES OTHERWISE DUE.

ALSO THE QUESTION WHETHER THE CARRIER'S FACILITIES FOR HANDLING LESS THAN -CARLOAD SHIPMENTS AT ITS DEPOT AT FORT OGLETHORPE ARE REASONABLY ADEQUATE, OR WHETHER, BY REASON OF ANY INADEQUACY THEREOF, ANY AMENDMENT OF THE TARIFF TO REQUIRE PAYMENT OF PICK-UP ALLOWANCES UPON LOADING LESS- THAN-CARLOAD SHIPMENTS UPON CARS AT THE GOVERNMENT WAREHOUSES WOULD APPEAR TO BE MATTERS FOR DETERMINATION BY THE INTERSTATE COMMERCE COMMISSION, IN EVENT IT SHOULD BE CONCLUDED ADMINISTRATIVELY THAT THE CIRCUMSTANCES REQUIRE OR JUSTIFY PROCEEDING TO THAT END.