SEPTEMBER 26, 1923, 3 COMP. GEN. 162

SEPTEMBER 26, 1923, 3 COMP. GEN. 162

TRANSPORTATION CLASSIFICATIONS - EMIGRANT MOVABLES - HOUSEHOLD GOODS THE FACT THAT THE CLASSIFICATION "EMIGRANT MOVABLES" PROVIDES FOR THE TRANSPORTATION THEREUNDER OF CERTAIN OTHER SPECIFIED ARTICLES IN ADDITION TO ORDINARY HOUSEHOLD GOODS DOES NOT BAR THE USE OF THAT CLASSIFICATION FOR A SHIPMENT OF HOUSEHOLD GOODS OF AN ARMY OFFICER ON CHANGE OF STATION WITHOUT THE INCLUSION THEREIN OF ANY OF THE ADDITIONAL ARTICLES PERMITTED BY THE CLASSIFICATION.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 26, 1923:

THE CENTRAL GEORGIA RAILWAY PRESENTED ITS SUPPLEMENTAL BILL 8334-A, FOR $84.64, BEING IN EFFECT AN APPLICATION FOR REVIEW OF SETTLEMENT TN W- 71063, MAY 29, 1923, IN DISALLOWING SAID AMOUNT FROM ITS CLAIM FOR $300.64, FOR TRANSPORTATION OF 13,537 POUNDS HOUSEHOLD GOODS, PROFESSIONAL BOOKS AND PERSONAL PROPERTY OF AN OFFICER OF THE ARMY CHANGING STATION, FROM CAMP TRAVIS, TEX., TO COLUMBUS, GA., PER BILL OF LADING WQ-A-405377, SEPTEMBER 9, 1922.

THIS SHIPMENT WAS LOADED IN CAR TNO-34923, AND THE BILL OF LADING SIGNED BY W. W. READ, AGENT AT SAN ANTONIO, TEX., FOR THE SOUTHERN PACIFIC LINES, LISTS SAME AS "ONE CARLOAD HOUSEHOLD GOODS, MINIMUM 20,000," AND THEN ITEMIZES THE SHIPMENT AS 6 BOXES PROFESSIONAL BOOKS, 1,211 POUNDS, AND 24 CRATES, 35 BOXES, 11 BUNDLES AND 1 BARREL, 12,326 POUNDS, OR A TOTAL OF 13,537 POUNDS, WITH THE NOTATION "RELS-D " $10 PER CWT.

THE ALLOWANCE FOR THE SERVICE WAS MADE AT THE RATE AUTHORIZED FOR A SHIPMENT "EMIGRANT ABLES.' CONTENTION IS MADE THAT SUCH RATE IS NOT APPLICABLE ON SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, AND THAT IN ORDER TO OBTAIN A RATING UNDER THE TERM "EMIGRANT MOVABLES," THE SHIPMENT IN ADDITION TO THE HOUSEHOLD GOODS AND PERSONAL EFFECTS MUST HAVE INCLUDED THEREWITH ONE OR MORE OF THE ADDITIONAL ITEMS ENUMERATED UNDER "EMIGRANT MOVABLES," SUCH AS IMPLEMENTS OF CALLING, SECOND-HAND VEHICLES, ETC., AND IF IT WERE CONSIDERED THAT "EMIGRANT MOVABLES" RATING PROPERLY EMBRACED A SHIPMENT OF HOUSEHOLD GOODS, THEN IT IS OBVIOUS THAT THE SPECIFIC ENTRY IN THE CLASSIFICATION FOR HOUSEHOLD GOODS WOULD BE USELESS.

THE SHIPMENT IN QUESTION CONSISTED OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF AN OFFICER CHANGING STATION AND THE TERM "EMIGRANT MOVABLES," AS DEFINED BY THE CLASSIFICATION, APPEARS TO CLEARLY COVER THE SHIPMENT FOR THE REASON THAT THE OFFICER'S HOUSEHOLD GOODS, PERSONAL EFFECTS AND PROFESSIONAL BOOKS, AND IMPLEMENTS OF HIS CALLING WERE UNDOUBTEDLY INCLUDED IN THE SHIPMENT. THE PRIME REQUISITE OF A SHIPMENT, IN ORDER TO BE RATED UNDER THE TERM "EMIGRANT MOVABLES," APPEARS TO BE THAT IT WILL INCLUDE HOUSEHOLD GOODS AND PERSONAL EFFECTS, AND IT MAY ALSO INCLUDE VARIOUS OTHER ARTICLES, SUCH AS TOOLS, IMPLEMENTS OF CALLING, LIVESTOCK, ETC., BEING THUS DIFFERENT FROM THE RATING PROVIDED FOR HOUSEHOLD GOODS IN THAT VARIOUS ARTICLES MAY BE INCLUDED IN THE SHIPMENT OF "EMIGRANT MOVABLES," WHICH COULD NOT BE INCLUDED UNDER THE RATING FOR HOUSEHOLD GOODS.

THE CLASSIFICATION APPEARS TO CLEARLY MAKE PROVISION FOR AN ALTERNATIVE RATING UNDER THE TERM ,HOUSEHOLD GOODS," CARRYING A MINIMUM CARLOAD WEIGHT OF 12,000 POUNDS, AND UNDER THE TERM ,EMIGRANT MOVABLES" CARRYING A MINIMUM CARLOAD WEIGHT OF 20,000 POUNDS. THE CLASSIFICATION DOES NOT SPECIFY WHAT MUST BE SHIPPED IN ORDER TO OBTAIN THE RATING UNDER THE TERM "EMIGRANT MOVABLES," BUT IT DOES NOT PROVIDE THAT THE TERM SHALL INCLUDE ONLY CERTAIN SPECIFIED ARTICLES WHICH MAY BE INCLUDED IN THE SHIPMENT WITH THE HOUSEHOLD GOODS AND PERSONAL EFFECTS, AND THE SHIPMENT IN THE PRESENT CASE WAS IN FACT A SHIPMENT AS DEFINED IN NOTE 2 OF THE CLASSIFICATION UNDER THE TERM ,EMIGRANT MOVABLES," BEING THE MOVABLE HOUSEHOLD GOODS, PERSONAL EFFECTS, BOOKS, ETC., BELONGING TO THE OFFICER AND TRANSFERRED TO HIS NEW STATION AS NECESSARY FOR HIS USE IN HIS PROFESSION.

THE INTERSTATE COMMERCE COMMISSION IN THE DECISION OF BLANTON DUNCAN V. A.T. AND S.F.R.R.CO., 6 I.C.C.REP., 85, SAID:

WHILE THIS RATE WAS DOUBTLESS PRIMARILY MADE FOR THE USE OF INTENDING SETTLERS OR EMIGRANTS, ONLY, IN PRACTICE (ACCORDING TO THE EVIDENCE) IT IS GIVEN TO SHIPPERS INDISCRIMINATELY, WITHOUT INQUIRY AS TO WHETHER OR NOT THEY ARE EMIGRANTS AND WITHOUT REFERENCE TO THE INTENT WITH WHICH SHIPMENT IS MADE.

UNLESS WITHIN THE AUTHORIZED EXCEPTIONS TO THE GENERAL RULE OF THE STATUTE, DISCRIMINATION IN CHARGES UPON LIKE SHIPMENTS OF THE SAME COMMODITIES BASED SOLELY UPON THE PURPOSE OR BUSINESS MOTIVES OF THE SHIPPER ARE UNLAWFUL WHETHER AFFECTED DIRECTLY OR INDIRECTLY BY METHODS OF CLASSIFICATION.

IT MAY BE NOTED THAT THE COURT OF CLAIMS ON MAY 1, 1911, DECIDED A SIMILAR CASE, LOUISVILLE AND NASHVILLE R.R.CO., V. THE UNITED STATES, NO. 30030, 46 CT.CLS., 692. THIS SUIT WAS BROUGHT FOR AN AMOUNT IN ADDITION TO THE SUM ALLOWED BY THE AUDITOR FOR THE WAR DEPARTMENT ON A NUMBER OF ITEMS, ONE OF WHICH WAS THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF AN ARMY OFFICER CHANGING STATION, ALLOWED AT "EMIGRANT MOVABLES" RATE. THE COURT DISMISSED THE PETITION, THUS DECIDING THAT CLAIMANT WAS NOT ENTITLED TO RECOVER, WHICH IN EFFECT SUSTAINED THE ACTION OF THE AUDITOR. WRITTEN OPINION WAS GIVEN, HOWEVER. THE PLAINTIFF IN SAID CASE HAVING MADE MOTION FOR A NEW TRIAL "FOR ERROR OF FACT AND OF LAW AND FOR AMENDMENT OF FINDING OF FACTS," THE COURT, AFTER HEARING THE ARGUMENTS ON SAID MOTION, OVERRULED THE CONTENTION OF THE CLAIMANT MARCH 4, 1912, REAFFIRMING ITS FORMER DECISION SUSTAINING THE ACTION OF THE AUDITOR IN APPLYING EMIGRANT MOVABLES RATE. THE EFFECT OF THIS DECISION WAS TO APPLY THE PRINCIPLE RECOGNIZED BY THE INTERSTATE COMMERCE COMMISSION IN THE BLANTON DUNCAN CASE, SUPRA.

THE SETTLEMENT IN THIS CASE APPEARS TO HAVE BEEN MADE ON THE CORRECT BASIS IS SUSTAINED.