B-126513, MAR. 6, 1956
Highlights
TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR REQUEST PER FILE G-WQ-77818-R-WAG FOR REVIEW OF SETTLEMENT CERTIFICATE NO. 401686 1/2. FOR THIS SERVICE YOU CLAIMED AND WERE PAID CHARGES BASED UPON THE APPLICABLE COMMERCIAL RATES. THIS CLAIM WAS DISALLOWED IN THE ABOVE SETTLEMENT CERTIFICATE. RELATING TO SITUATIONS WHERE THE ROUTE IS SPECIFICALLY AUTHORIZED UNDER THE TERMS OF THE TARIFF PUBLISHING THE RATE. IN THE PRESENT SITUATION IT APPEARS THAT THE ROUTE USED FOR THE PURPOSE OF ASCERTAINING THE LOWEST NET LAND-GRANT CHARGES WAS AUTHORIZED BY THE PERTINENT TARIFFS. IS GOVERNED BY THE PRINCIPLE STATED IN DECISION 19 COMP. GEN. 691 ARE WITHOUT EFFECT IN INSTANCES SUCH AS HERE PRESENTED.
B-126513, MAR. 6, 1956
TO ILLINOIS CENTRAL RAILROAD:
REFERENCE IS MADE TO YOUR REQUEST PER FILE G-WQ-77818-R-WAG FOR REVIEW OF SETTLEMENT CERTIFICATE NO. 401686 1/2, DATED MARCH 3, 1949, WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. WQ-77818-A, FOR $191.89, REPRESENTING ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF VARIOUS SHIPMENTS OF BLANKETS AND CLOTHING MOVING FROM CAMP ATTERBURY, EDINBURG, INDIANA, TO MORGANFIELD, KENTUCKY, ROUTED "PER-IC," IN 1945.
FOR THIS SERVICE YOU CLAIMED AND WERE PAID CHARGES BASED UPON THE APPLICABLE COMMERCIAL RATES, LESS LAND-GRANT DEDUCTIONS, APPARENTLY COMPUTED VIA THE PENNSYLVANIA RAILROAD TO EFFINGHAM, ILLINOIS, THENCE ILLINOIS CENTRAL (THROUGH CAIRO), TO DESTINATION. YOU THEREAFTER CLAIMED THE ADDITIONAL AMOUNT OF $191.89, BEING THE DIFFERENCE BETWEEN THE CHARGES COMPUTED AT THE NET LAND-GRANT RATES AND THE GROSS COMMERCIAL RATES, AND THIS CLAIM WAS DISALLOWED IN THE ABOVE SETTLEMENT CERTIFICATE.
IN YOUR REQUEST FOR REVIEW YOU MAKE FURTHER CLAIM FOR THE AMOUNT OF $191.89, REFERRING TO DECISION NO. A-96395 OF MARCH 7, 1939 (18 COMP. GEN. 691). SEE, HOWEVER, IN THIS CONNECTION, A LATER DECISION, 19 COMP. GEN. 771, RELATING TO SITUATIONS WHERE THE ROUTE IS SPECIFICALLY AUTHORIZED UNDER THE TERMS OF THE TARIFF PUBLISHING THE RATE.
IN THE PRESENT SITUATION IT APPEARS THAT THE ROUTE USED FOR THE PURPOSE OF ASCERTAINING THE LOWEST NET LAND-GRANT CHARGES WAS AUTHORIZED BY THE PERTINENT TARIFFS. THIS SITUATION, THEREFORE, IS GOVERNED BY THE PRINCIPLE STATED IN DECISION 19 COMP. GEN. 771 WHICH INDICATES THAT THE MILEAGE LIMITATIONS SPECIFIED IN DECISION 18 COMP. GEN. 691 ARE WITHOUT EFFECT IN INSTANCES SUCH AS HERE PRESENTED.