B-121703, JUN. 8, 1955

B-121703, JUN. 8, 1955

TO MISSOURI PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUESTS FOR REVIEW OF THE SETTLEMENTS WHICH DISALLOWED SIX OF YOUR CLAIMS, IDENTIFIED AS FOLLOWS:

TABLE

SUPPLEMENTAL YOUR FILE

BILL NUMBER NUMBER AMOUNT

22076-A 1-GE-22076 $479.11

22077-A 1-GK-22077 484.29

22078-A 1-GL-22078-A 959.82

22079-A 1-GL-22079 111.30

22081-A 1-GL-22081 275.34

22082-A 1-GL-22082 628.88

THE SUPPLEMENTAL BILLS COVER CLAIMS FOR ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF CARLOAD SHIPMENTS OF FREIGHT AUTOMOBILES FROM DETROIT, MICHIGAN, TO CAMP LIVINGSTON, SIMMS, LOUISIANA, WHICH MOVED DURING 1943 ON GOVERNMENT BILLS OF LADING. IN EACH INSTANCE, THE FREIGHT AUTOMOBILES WERE CONSIGNED TO ARLINGTON DOWNS, TEXAS, A STATION ON THE TEXAS AND PACIFIC RAILWAY COMPANY LOCATED APPROXIMATELY 16 MILES EAST OF FORT WORTH, TEXAS. UPON ARRIVAL AT ARLINGTON DOWNS, TEXAS, OR BEFORE ARRIVAL AT THAT POINT, EACH SHIPMENT WAS DIVERTED TO CAMP LIVINGSTON, LOUISIANA, AND THE SHIPMENT THEN MOVED EASTWARD TO SIMMS, LOUISIANA, ON THE MISSOURI PACIFIC RAILROAD THE RAILROAD STATION SERVING CAMP LIVINGSTON.

THE CONTROVERSY INVOLVES THE PROPER METHOD OF COMPUTING THE CHARGES FOR THE SERVICES RENDERED. APPARENTLY, IT IS YOUR CONTENTION THAT THE CHARGES SHOULD BE COMPUTED ON THE BASIS OF A COMBINATION OF THE RATES APPLYING FROM DETROIT, MICHIGAN, TO ARLINGTON DOWNS, TEXAS, AND FROM ARLINGTON DOWNS TO SIMMS, LOUISIANA. OUR TRANSPORTATION DIVISION HAS MADE SETTLEMENTS ON THE BASIS OF THE LOWEST RATE AVAILABLE--- COMPUTED UNDER THE AGGREGATE OF INTERMEDIATE CLAUSE IN THE TARIFF NAMING A JOINT THROUGH RATE--- FROM DETROIT, MICHIGAN, TO OAKDALE, LOUISIANA, OR ALEXANDRIA, LOUISIANA, PLUS THE LOCAL RATE FROM OAKDALE OR ALEXANDRIA TO SIMMS, LOUISIANA. THE CHARGES, COMPUTED BOTH ON THE BASIS CLAIMED BY YOU AND ON THE BASIS EMPLOYED IN THE SETTLEMENT, WERE FURTHER REACHED BY LAND GRANT. YOUR OBJECTION TO THE SETTLEMENT APPARENTLY IS BASED ON THE CONTENTION THAT THE THROUGH RATES NAMED IN SOUTHWESTERN LINES' TARIFF NO. 252-B ARE SUBJECT TO ROUTING INSTRUCTIONS WHICH WILL NOT PERMIT THE APPLICATION OF THE THROUGH RATE, OR THE AGGREGATE OF INTERMEDIATE RATES APPLIED IN LIEU THEREOF, VIA ARLINGTON DOWNS, TEXAS, THENCE EASTERLY TO SIMMS, LOUISIANA, WITH DELIVERY TO THE MISSOURI PACIFIC RAILROAD AT ALEXANDRIA, LOUISIANA.

SOUTHWESTERN LINES TARIFF NO. 252-B PROVIDES THAT THE RATES NAMED THEREIN APPLY VIA DESIGNATED GATEWAYS TO STATIONS IN THE SOUTHWEST ONLY VIA THE ROUTES NAMED IN SOUTHWESTERN LINES' TARIFF 222-C, I.C.C. NO. 3507. CAIRO, ILLINOIS, EAST ST. LOUIS, ILLINOIS, AND ST. LOUIS, MISSOURI, ARE DESIGNATED AS THE GATEWAYS THROUGH WHICH THE RATES APPLY. SEE ITEM 5000 OF TARIFF NO. 252-B.

TARIFF NO. 222-C LISTS SIMMS, LOUISIANA, THE FINAL DESTINATION OF THESE SHIPMENTS, AS STATION NO. 9840, ON THE MISSOURI PACIFIC RAILROAD. ON PAGE 93 OF THAT TARIFF IT IS SHOWN THAT ROUTING BETWEEN THE ABOVE-NAMED GATEWAYS AND STATIONS ON THE MISSOURI PACIFIC RAILROAD IS THAT DESIGNATED AS ROUTE NO. N-310. PAGE 216 OF TARIFF NO. 222-C SHOWS, UNDER ROUTE NO. M -310, THAT BETWEEN THE GATEWAYS NAMED ABOVE AND STATION NUMBER 9840 A ROUTE COMPRISING THE MISSOURI PACIFIC RAILROAD TO TEXARKANA, THE TEXAS AND PACIFIC RAILWAY TO ALEXANDRIA, LOUISIANA, AND THE MISSOURI PACIFIC RAILROAD TO DESTINATION IS APPLICABLE. THIS ROUTE WAS AVAILABLE DURING THE TIME THESE SHIPMENTS MOVED, NOT HAVING BEEN CANCELED OUT OF THE TARIFF UNTIL FEBRUARY 6, 1944, IN SUPPLEMENT NO. 22. A FURTHER EXAMINATION OF TARIFFS 252-B AND 222-C FAILS TO REVEAL ANY ROUTING RESTRICTIONS WHICH WOULD REQUIRE THAT THE SHIPMENT MOVE OVER THE DIRECT LINE OF THE TEXAS AND PACIFIC RAILROAD BETWEEN TEXARKANA AND SHREVEPORT, AND RENDER INAPPLICABLE A ROUTE OVER THE LINE OF THAT CARRIER EXTENDING THROUGH FORT WORTH AND ARLINGTON DOWNS. THUS, SINCE THE THROUGH CLASS RATE PUBLISHED IN SOUTHWESTERN LINES' TARIFF NO. 252-B FROM DETROIT, MICHIGAN, TO SIMMS, LOUISIANA, IS APPLICABLE VIA ARLINGTON DOWNS, TEXAS, THAT RATE IS SUBJECT TO THE AGGREGATE OF INTERMEDIATE PROVISIONS NAMED IN ITEM 2010 OF THE TARIFF.

THE JOINT THROUGH CLASS RATE APPLICABLE ON EACH OF THE SHIPMENTS IN QUESTION IS $2.30 PER 100 POUNDS, AND THE LOWEST AVAILABLE RATE UNDER THE PROVISIONS OF THE AGGREGATE OF INTERMEDIATES CLAUSE IS MADE 59 CENTS PER 100 POUNDS TO EVANSVILLE, INDIANA, CARLOAD MINIMUM WEIGHT 22,000 POUNDS, PUBLISHED IN NEW YORK CENTRAL SYSTEM FREIGHT TARIFF NO. 100-A, I.C.C. NO. 244, AND $1.32 PER 100 POUNDS FROM EVANSVILLE, INDIANA, TO SIMMS, LOUISIANA (INTERMEDIATE TO ALEXANDRIA, LOUISIANA), PUBLISHED IN SOUTHWESTERN LINES' TARIFF NO. 54-L, I.C.C. 3451, CARLOAD MINIMUM WEIGHT 14,000 POUNDS. THE CHARGES DERIVED FROM THE USE OF THOSE RATES AND MINIMUM WEIGHTS ARE SUBJECT TO FURTHER DEDUCTION FOR LAND GRANT, COMPUTED VIA THE BEST AVAILABLE LAND-GRANT ROUTE FROM DETROIT, MICHIGAN, TO SIMMS, LOUISIANA, IN ACCORDANCE WITH THE PROVISIONS OF THE STANDARD LAND-GRANT EQUALIZATION AGREEMENT. THIS BASIS, UNDER THE EQUALIZATION AGREEMENT, IS APPLICABLE ALSO IN CONNECTION WITH THE BILL OF LADING CARRIERS SHOWN ON BILL OF LADING WQ 14100924, INCLUDED IN YOUR BILL NO. 22079.

THE FILES ARE BEING RETURNED TO OUR TRANSPORTATION DIVISION AND THAT DIVISION WILL EFFECT SETTLEMENT IN EACH OF THE CASES ON THE CITED BASIS.