B-134406, OCT. 12, 1959
Highlights
TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTERS OF MAY 22. THESE LETTERS REQUEST THAT WE HOLD IN ABEYANCE THE COLLECTION OF OVERPAYMENTS FOUND TO HAVE BEEN MADE IN MAKING PAYMENT FOR THE TRANSPORTATION OF SHIPMENTS DESCRIBED AS CHASSIS. THE OVERPAYMENTS HAVE BEEN COMPUTED ON THE BASIS OF THE DECISIONS OF THE COMMISSION IN THE HARRISON AND GRAFTON CASES. IT IS NOT KNOWN WHETHER THE DECISIONS OF THE COMMISSION IN CONNECTION WITH THE REHEARING OF THE HARRISON AND GRAFTON CASES. WILL DISPOSE OF THE QUESTION OF THE PROPER RATES ON SHIPMENTS OF MOTOR FREIGHT VEHICLES. POSSIBLY THIS QUESTION WILL BE SETTLED IN OTHER PROCEEDINGS. OUR OFFICE IS NOT CONVINCED. ARE ALSO PRESENT IN CONNECTION WITH THOSE OVERPAYMENTS ON CHASSIS COMPUTED ON THE BASIS PRESCRIBED IN THOSE CASES.
B-134406, OCT. 12, 1959
TO ILLINOIS CENTRAL RAILROAD:
REFERENCE IS MADE TO YOUR LETTERS OF MAY 22, 1959, FILE G-WQ-62195- 1- WAG, AND JUNE 23, 1959, FILES G-WQ-2309-WAG, G-WQ-86990-WAG, AND G WQ- 86995-WAG, AND TO A LETTER FROM MR. URCHIE E. ELLIS, COMMERCE ATTORNEY OF YOUR LINE, DATED JUNE 11, 1959, FILE I.C.C. NO. 32114. THESE LETTERS REQUEST THAT WE HOLD IN ABEYANCE THE COLLECTION OF OVERPAYMENTS FOUND TO HAVE BEEN MADE IN MAKING PAYMENT FOR THE TRANSPORTATION OF SHIPMENTS DESCRIBED AS CHASSIS, FREIGHT AUTOMOBILE, KNOCKED DOWN, BOXED. THE OVERPAYMENTS HAVE BEEN COMPUTED ON THE BASIS OF THE DECISIONS OF THE COMMISSION IN THE HARRISON AND GRAFTON CASES, 280 I.C.C. 279, AND 280 I.C.C. 435, RESPECTIVELY. YOU REFER TO OUR LETTER OF FEBRUARY 26, 1958, B -134406, AS AUTHORIZING THE WITHHOLDING OF COLLECTION ON SUCH SHIPMENTS.
OUR LETTER OF FEBRUARY 26, 1958, B-134406, RELATED ONLY TO OVERPAYMENTS ON SHIPMENTS OF FREIGHT AUTOMOBILES, KNOCKED DOWN, BOXED OR CRATED, OTHER THAN FROM ST. LOUIS, MISSOURI, TO SPRINGFIELD, ILLINOIS, RESULTING FROM THE APPLICATION OF THE RATING FOUND TO BE REASONABLE IN THE HARRISON AND GRAFTON CASES. IT IS NOT KNOWN WHETHER THE DECISIONS OF THE COMMISSION IN CONNECTION WITH THE REHEARING OF THE HARRISON AND GRAFTON CASES, OR ITS DECISION IN THE CHESAPEAKE AND OHIO CASE, DOCKET NO. 32114, WILL DISPOSE OF THE QUESTION OF THE PROPER RATES ON SHIPMENTS OF MOTOR FREIGHT VEHICLES, KNOCKED DOWN, BOXED. POSSIBLY THIS QUESTION WILL BE SETTLED IN OTHER PROCEEDINGS. HOWEVER, OUR OFFICE IS NOT CONVINCED, BY THE PRESENT RECORD, THAT THE FACTS WHICH INDUCED US TO WITHHOLD COLLECTION OF THE OVERPAYMENTS ON FREIGHT MOTOR VEHICLES, COMPUTED ON THE BASIS PRESCRIBED IN THE HARRISON AND GRAFTON CASES, ARE ALSO PRESENT IN CONNECTION WITH THOSE OVERPAYMENTS ON CHASSIS COMPUTED ON THE BASIS PRESCRIBED IN THOSE CASES.
ACCORDINGLY, THE CONCESSION MADE TO THE ILLINOIS CENTRAL RAILROAD IN THE LETTER OF FEBRUARY 26, 1958, CANNOT BE EXTENDED TO COVER SHIPMENTS OF CHASSIS, FREIGHT AUTOMOBILE, KNOCKED DOWN, BOXED.