upr000329 99

Subject: Weights - Linseed Oil Tank Cara - W.P.Fuller & Co. Los Angeles, May 12, 1920. Mr. Sloan: I have your l e t t e r o f May 6th on the above subject. In the la s t paragraph you ask my opinion regard­ing the law fu l ra te to apply on the shipment in question. The fa c ts stated in your l e t t e r seem to brin g at le a s t two o f the shipments c le a r ly w ith in the d ecisio n o f the Commis­sion in the case o f F u lle r vs. Atchison, Topeka & Santa. F®, hh ICC'519 , I t would appear that a t- the time the shipment moved in car KPX 52 the gallon age cap acity o f the la t t e r was not published in Boyd Tank Car C ircu lar 6 M, or in subsequent issu es, as requ ired by the t a r i f f governing the r a te . At the time o f the f i r s t movement, o f oar SKX the gallon age capacity o f th is car was published in Boyd C ircu lar 6 I as £>000 g a llo n s . Although you seem to ques­tio n the accuracy o f th is p u b lica tion , and while i t appears that the gallon age in qu estion was not determined by an o f f i c i a l gauge, the fa c t tlfc-t the gallon age was published would seem to brin g the shipment w ith in the scope o f the t a r i f f and the charges should be assessed in accordance th erew ith . At the time o f the second shipment in SKX 6k no gallonage capacity was published in Boyd C ircu la r, M an ifestly the basis fo r determ ining the rate a c tu a lly charged was erroneous in that the number o f g a llo n s in v o ic ­ed by the shipper to the consignee was determined by d iv id ­in g the actu al weight o f the shipment by 7*5 t© determine the number o f g a llo n s. In assessin g the charges the number o f gallon s thus determined was m u ltip lied by “f.& to d e te r ­mine the weight-, and the charges then based thereon. Obviously by th is circ u ito u s m e t hod o f ca lcu la tio n the weight adopted as the b asis fo r ' the fr e ig h t charges was g eea ter than the actual weight o f the shipment. I t is d i f f i c u l t to b e lie v e that these cars have "never been o f f i c i a l l y gauged and i t seams to me, con sid er­ing the language o f the Commission in the case above r e f e r ­red to, a e f f o r t should be male to determine what the gallon age cap acity is , determined by c a rrie rs* gauge. When such determ ination is mad©, a p p lic a tio n should be made to the Commission to make reparation in accordance th erew ith . I am th ere fo re retu rn in g the f i l e fo r the purpose o f seein g i f th is cannot be done. In other words, I think we should fo llo w the plan ou tlin ed in the above case, as fo llo w s * wWa are o f the opinion, however, that the charges