B-130022, MAY 20, 1957

B-130022, MAY 20, 1957

TO THE NASHVILLE, CHATTANOOGA AND ST. LOUIS RAILWAY:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE IN CLAIM NO. TK-300500, DATED SEPTEMBER 24, 1952, WHICH DISALLOWED YOUR CLAIM FOR $318.01, PER YOUR SUPPLEMENTAL BILL NO. 34330 B, AS ADDITIONAL CHARGES DUE ON A CARLOAD SHIPMENT OF PINE BOX SHOOKS, WEIGHING 90,860 POUNDS, SHIPPED ON A COMMERCIAL BILL OF LADING (CONVERTED TO A GOVERNMENT BILL OF LADING) FROM SPOKANE, WASHINGTON, TO TYNER, TENNESSEE, IN JUNE 1944.

SETTLEMENT OF THE CHARGES ON THIS SHIPMENT WAS MADE ON THE BASIS OF THE TARIFF RATE OF 89 CENTS PER 100 POUNDS, REDUCED BY LAND GRANT TO 50.376 CENTS PER 100 POUNDS. YOUR CLAIM FOR $318.01 IS BASED ON THE PREMISE THAT THE SHIPMENT ORIGINATED AT EMMETT, IDAHO, AND THAT THE FREIGHT CHARGES IN THE AMOUNT OF $254.84 FOR TRANSPORTATION FROM EMMETT, IDAHO, TO SPOKANE, WASHINGTON, WERE REFUNDED TO THE WHITE PINE SASH COMPANY. YOU EXPLAIN THAT THE AMOUNT OF $254.84 IS A NET REFUND TO THE SHIPPER AT EMMETT, AFTER DEDUCTING THE TRANSIT CHARGE AND FEDERAL TAX FROM THE AMOUNT OF $318.01. YOU URGE THAT THE GOVERNMENT IS RESPONSIBLE FOR THE PAYMENT OF ALL CHARGES ($318.01) INTO SPOKANE, AND YOU CITE IN THIS CONNECTION PENNSYLVANIA RAILROAD COMPANY V. UNITED STATES, 129 C.CLS. 781.

OUR RECORD IN THIS MATTER REVEALS THAT THIS SHIPMENT WAS APPARENTLY FORWARDED FROM SPOKANE, WASHINGTON, ON JUNE 20, 1944, ON UNION PACIFIC FREIGHT WAYBILL NO. UP-199. THE COPY OF A WAYBILL SUBMITTED BY YOU SHOWS INBOUND BILLING REFERENCE TO BUREAU NOS. 10256 AND 19254, REFLECTING A RECORDING FOR TRANSIT OF SHIPMENTS ORIGINATING AT EMMETT, IDAHO. TRANSIT CHARGE OF 6 3/4 CENTS PER 100 POUNDS, OR $61.35 IS INDICATED AS HAVING BEEN PREPAID, AND 35 CENTS PER 100 POUNDS, OR $318.01, IS SHOWN IN THE "ADVANCES" COLUMN IN THE WAYBILL, WITH A BALANCE OF 54 CENTS PER 100 POUNDS, OR $490.64, BEING SHOWN IN THE FREIGHT COLUMN. THE RECORD THUS PRESENTED REFLECTS THAT A TRANSIT SHIPMENT WAS CONTEMPLATED. HOWEVER, THE BILL OF LADING RECORD IN THIS CASE PRESENTS ANOTHER SITUATION. THE COPY OF WAYBILL NO. UP-199 SHOWS THE SHIPPER, OR CONSIGNOR, TO BE THE WEYERHAUSER SALES COMPANY AND REFERENCE IS MADE TO "B/L DATED 6/16/44.' GOVERNMENT BILL OF LADING NO. WT-8564701 WAS ISSUED JULY 10, 1944, AT TYNER, TENNESSEE, TO CONVERT THE COMMERCIAL BILL OF LADING ISSUED BY THE WEYERHAUSER SALES COMPANY AT SPOKANE, ON JUNE 16, 1944, SHIPPER'S NO. 11071. THE COMMERCIAL BILL OF LADING BEARS A RUBBER STAMP IMPRESSION READING AS FOLLOWS:

"THIS BILL OF LADING IS ISSUED IN EXCHANGE FOR BILL OF LADING NO. 11071 ISSUED AT SPOKANE ON THE 16 DAY OF JUNE BY ------------" THE BILL OF LADING IS FURTHER STAMPED "B/L RECEIVED BY MAIL, U.P. RY. SPOKANE, WASH., " AND IT IS SIGNED BY "H. J. CAMPBELL, AGENT, PER (NOT LEGIBLE) 20-44.' AS NOTED ABOVE, THE WAYBILL YOU RELY ON WAS DATED JUNE 20, 1944. NEITHER THE COMMERCIAL BILL OF LADING NOR THE GOVERNMENT BILL OF LADING CONTAIN ANY TRANSIT REFERENCE.

THE SITUATION SUGGESTS THAT WHEN COMMERCIAL BILL OF LADING NO. 11071 WAS ORIGINALLY ISSUED ON JUNE 16, 1944, THE APPLICATION OF TRANSIT CREDITS MAY HAVE BEEN CONTEMPLATED. HOWEVER, IT IS CLEAR FROM THE PRESENT BILL OF LADING RECORD THAT THE SHIPMENT WAS FORWARDED FROM SPOKANE ON A BILL OF LADING CONTRACT WHICH IMPOSED NO LIABILITY UPON THE GOVERNMENT FOR ANY FREIGHT CHARGES IN EXCESS OF THOSE ASSESSABLE FOR TRANSPORTATION FROM SPOKANE TO TYNER, TENNESSEE. WE HAVE NOT BEEN ABLE TO LOCATE CONTRACT OR PURCHASE ORDER NO. CTP-9984, WHICH IS IDENTIFIED IN GOVERNMENT BILL OF LADING WT-8564701, AND, THEREFORE, WE ARE NOT IN A POSITION TO CONSIDER THE TERMS OF THAT CONTRACT OR PURCHASE ORDER IN THE LIGHT OF THE COURT OF CLAIMS CASE MENTIONED ABOVE. THE DISPOSITION OF THIS MATTER MUST BE MADE ON THE AVAILABLE RECORD WHICH DOES NOT WARRANT THE PAYMENT TO YOU OF ANY AMOUNT IN EXCESS OF THAT ALREADY PAID FOR THE TRANSPORTATION INVOLVED.

ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIM FOR CHARGES FROM EMMETT, IDAHO, TO SPOKANE, WASHINGTON, IS SUSTAINED.