Stanley Forman Reed

“ Since May 1, 1951, the railroads have refused to pay an allowance to the Army for the wharfage and handling [1] services the Army performs on military export traffic passing through Army base piers in Norfolk, Virginia. The railroads have assumed in their tariffs the obligation to furnish these accessorial services for all shippers that comply with their tariffs. And, in accordance with these tariffs, the railroads have furnished the services for commercial shippers at public sections of the same piers without additional charge. ”

“ In short, the United States seeks to be excepted from the tariff requirement that calls for the shipper to use a public wharfinger under contract to the railroads for performance of the wharfage and handling. ”

“ A large amount of private commercial traffic continued over the released portions of the piers, and the railroads continued to absorb the cost of that wharfage and handling by paying Stevenson & Young $1.00 per ton of freight.
The result of the Army's insistence on operating its own pier facilities is that the Army pays the same export rates without receiving wharfage and handling services as commercial shippers do for whom the railroads provide those services at no additional charge. ”

“ The transfer of export freight from rail carriers to outbound water carriers is made on piers or wharves that allow the unloading of freight from railroad cars to within reach of ships' tackle. Railroads are under no statutory obligation to furnish such piers or to unload carlot freight, Pennsylvania R. Co. ”

“ The Commission drew from the above circumstances a conclusion that the tariffs and conduct of the railroads are not shown to have been unlawful.
The United States argues that carriers cannot perform accessorial services in such a way that 'some shippers would pay an identical line-haul rate for less service than that required by other industrial plants.' United States v. ”

“ As the Commanding Officer said, in regard to switching and placing by the carriers:
'The Witness: If you would let them switch themselves, that have to know what they are doing, we have to give them the switch list and know what to do with it.
'Q. Will you permit them to do it at their own convenience, in an orderly manner? A. I don't know how any business can be run, if you run it at the convenience of someone else. ”

“ It is discrimination or unfairness in the tariffs that calls for correction. United States v. United States Smelting, Refining & Min. Co., 339 U.S. 186, 194-197, 70 S.Ct. 537, 542, 543, 94 L.Ed. 750. Such determinations are on a case-by-case basis. See, e.g., United States v. Wabash R. Co., 321 U.S. 403, 64 S.Ct. 752, 88 L.Ed. 827.↑ It called for performance of 'all terminal and pier warehouse intransit storage services excluding physical plant facilities (piers, warehouses, etc.) ; all checking and clerking services in connection therewith; all policing (sweeping and cleaning) services ”