B-144711, MAR. 7, 1961

B-144711, MAR. 7, 1961

TO NAVAJO FREIGHT LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22, 1960, REQUESTING REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM, GO 677, FOR $101.10, REPRESENTING A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING A SHIPMENT OF ENGINES FROM WHITEMAN AIR FORCE BASE, MISSOURI, TO MCCLELLAN AIR FORCE BASE, CALIFORNIA, ON BILL OF LADING AF 7903591, DATED JUNE 19, 1958.

IN YOUR REQUEST FOR REVIEW YOU CITE SEVERAL SUBSEQUENTLY PUBLISHED TARIFFS AS ESTABLISHING THAT WHITEMAN AIR FORCE BASE AND SEDALIA AIR FORCE BASE ARE ONE AND THE SAME ORIGIN. FURTHER, YOU ALLEGE THAT THESCHIEN TRUCK LINES SERVED THE POINT OF ORIGIN AND THAT THE THROUGH RATES PUBLISHED IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT-S, TARIFFS NOS. 20-A, 22-B AND 25-A WERE PROPERLY APPLICABLE VIA THAT CARRIER ON THIS SHIPMENT FROM WHITEMAN AIR FORCE BASE, MISSOURI, TO MCCLELLAN AIR FORCE BASE, CALIFORNIA, IN JUNE 1958. YOU RECLAIM THE AMOUNT OF $101.10.

IT HAS LONG BEEN RECOGNIZED THAT THE RATE IN EFFECT ON THE DATE OF SHIPMENT IS THE LEGALLY APPLICABLE RATE. INTERSTATE REMEDY COMPANY V. AMERICAN EXPRESS CO., 16 I.C.C. 436-439; TRANSCONTINENTAL FREIGHT CO. V. DIRECTOR GENERAL, 62 I.C.C. 127-128, AND S. A. GERRARD CO. V. BELT RAILWAY CO. OF CHICAGO, 270 I.C.C. 59-62. TARIFF RATES CANNOT BE MADE TO APPLY TO CONDITIONS OTHER THAN THOSE EXISTING UPON THE DATE OF THEIR EFFECTIVENESS. IN THE MATTER OF THROUGH ROUTES AND THROUGH RATES, 12 I.C.C. 163-172. ON THE DATE (JUNE 19, 1958) THIS SHIPMENT WAS TENDERED TO, AND ACCEPTED BY, THE SCHIEN TRUCK LINES AT THE POINT OF ORIGIN, THE RATES FROM POINTS IN MISSOURI TO MCLELLAN AIR FORCE BASE, CALIFORNIA, WERE PROVIDED IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT-S, TARIFFS NOS. 20-A, 22-B AND 25-A. SIXTEENTH REVISED PAGE 38 OF THAT AGENT'S TRANSCONTINENTAL TERRITORIAL DIRECTORY NO. 20-A SHOWS THE SCHIEN TRUCK LINES, INC., AS CARRIER NO. S-950; 21ST REVISED PAGE 338 SHOWS THAT SEDALIA AIR FORCE BASE, MISSOURI, RATE GROUP NO. 4568, IS SERVED BY BOTH CARRIER S-930 AND CARRIER S-950, THE LATTER BEING THE SCHIEN TRUCK LINES, INC. CARRIER S-930 IS SCHERFF'S TRUCK LINE. TWENTY-FIRST REVISED PAGE 339 SHOWS WHITEMAN AIR FORCE BASE, MISSOURI, RATE GROUP NO. 4712, AS BEING SERVED ONLY BY CARRIER S-930, SCHERFF'S TRUCK LINE. THIS PAGE DOES NOT SHOW WHITEMAN AIR FORCE BASE AS BEING SERVED BY SCHIEN TRUCK LINES. HOWEVER, THE NAME OF SEDALIA AIR FORCE BASE WAS FORMALLY CHANGED TO WHITEMAN AIR FORCE BASE, MISSOURI, BY AIR FORCE GENERAL ORDER NO. 75, DATED SEPTEMBER 20, 1955. THUS, SEDALIA AIR FORCE BASE AND WHITEMAN AIR FORCE BASE ARE ONE AND THE SAME ORIGIN. A LESS-THAN-TRUCKLOAD COMMODITY RATE ON ENGINES OF $7.15 PER 100 POUNDS WAS PUBLISHED AND EFFECTIVE FROM SEDALIA AIR FORCE BASE VIA SCHIEN TRUCK LINES AND CONNECTIONS TO MCCLELLAN AIR FORCE BASE, CALIFORNIA. AS THE $7.15 RATE FROM SEDALIA AIR FORCE BASE, MISSOURI, WAS NOT CANCELLED WHEN THE $7.35 RATE FROM WHITEMAN AIR FORCE BASE, MISSOURI, WAS PUBLISHED VIA THE SHERFF'S TRUCK LINE, THE $7.15 RATE REMAINED IN EFFECT. FURTHERMORE, THERE WAS NOTHING IN THE TARIFFS ON THE DATE OF SHIPMENT TO INDICATE THAT THE $7.35 RATE FROM WHITEMAN AIR FORCE BASE WAS INTENDED TO APPLY VIA SCHIEN TRUCK LINES, INC. THIS RATE OF $7.15 PER 100 POUNDS, THEREFORE, WAS STILL IN EFFECT ON THE DATE OF MOVEMENT AND IS APPLICABLE ON THIS SHIPMENT. SEE FULTON SYLPHON CO. V. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY, 172 I.C.C. 674, 675.

ACCORDINGLY, YOUR CLAIM IS BEING RETURNED TO OUR TRANSPORTATION DIVISION FOR SETTLEMENT ON THE BASIS OF THE RATE OF $7.15 PER 100 POUNDS, IF OTHERWISE CORRECT, AND YOU WILL HEAR FROM THEM IN DUE TIME.