Pierce Butler

“ The United States reserved the right to inspect and test the coal after transportation and to reject it, if found not to conform to specifications. None of the coal was rejected. This right was not inconsistent with transfer of title to the United States at the time of delivery of the coal on cars at the mine. ”

“ The conclusion that the coal furnished the Tonopah was to be delivered at the mine is not sustained by the facts found. Under the invitation to bid, proposal and acceptance, delivery was to be made alongside the vessel at Pensacola. The coal was transported on government bills of lading. The United States paid the freight less land grant deductions. The use of government bills of lading and the payment of reduced charges by the United States are not sufficient to sustain a finding that the coal was the property of the United States when hauled by appellant. ”

“ The tariff rates on this coal for bunkerage and purposes other than export or coastwise traffic were $1.10 per short ton via Flomaton to Mobile or Pensacola. Under the tariff the cost of transferring such coal from cars to vessels at Mobile and Pensacola was assumed by appellant, where the road haul revenue was $1 per ton or more; but if such revenue was less there was an additional charge of 10 cents per ton, plus $2 per car for switching, subject to a maximum of $1 per ton. After land grant deduction, the balance to be paid in money was less than a dollar per ton. ”