# Petition for Writ of Certiorari — Frank v. Levy > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385601_0130%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 1962 - **Citation:** 369 U.S. 818 ## Text & Supreme Court of the United States er PETITION FOR A WRIT.OF CERTIORARI TO THE at UNITED STATES COURT OF CLAIMS ey oe ai . Q, —_— B "TABLE OF CONTENTS OF PETITION, f oes Page Opryton Brow bene te te eeeees ' Stekeees = AY eee 1. * Suances Suaieas se ceceees ae z ; [natuawekece eee 9 Questions PRESENTED ....-- Bere Pee e ye 3 Provisions ‘or THE Const wnt: Sasreren, PostaL \. Rrariations axp PostaL|\ConvENTIONS INVOLVED .... eo et soe | STATEMENT OF THE Case ..}..-. RP eee : peewsen . 5 . Hotpiyg or THE Covet Brow .-...-. beweece ‘ceaginees 10 Ernoxrovs Fixpixos axp CONCLUSIONS .....-+- ae ae ( 1) Empty sacks and empty air mail sacks in claim ; wefe carried on saine trip as the mails ......... 1z (2) Requirement that mails he’ picked up at the Post Office and trucked to piers ....¢..-..++-- err 14 (3) The Brussels Convention of 1952 .........+. Pee Reasons FOR Reqvestixnc Writ gr CERTIORARI ........ 16 1. The term ‘mail’ includes sack containers. and——-——~ —pmpty sacks -~.-. EPEC P Oe rr eee hy y Lawene 17 9 Suits are for compensation based upon the weights - of mails including the sacks ...... jusauue one len 18 3. Steamship earriers should not be reqnired to be- come unwilling partners itt generosity between Postal Administrations . 0.0... 6. eee cece eee es 19 4: The Requirement to.earry without compensation: 0 - . constitutes a taking within the prohibition of the —— Fifth Amendment ..... kedwaeakees oe ceecceece 21 "Conchusion § .....0.0050- easkenbacendaves’ maseucats 21. ad \ \ u | "Table of Contents Continued TABLE OF INTENTS OF APPENDEX | Se 2a aan Page Court of Claims Opinion on Plaintitf’s Motion to Strike > Defendant’. ‘Phird wid Fourth Special Defenses. la-da ie Report of Trial Commissioner of Findings of Fact. .Ga-25a . ‘ o. *. . .- . + s ? ‘ : » Court of Claims Opinion, Findings of Fact and Con- clusion of Law .....-. OEP E ERE PETER Proceedings Following Opinion of the Court ......--- hha Relevant Postal Laws and Regulations 1948, in effect on and after October 1, 1990 p See, LOT(aA(D)(E) co.cc eee eee ee . 2. H7a-58a — See, TAT Ob) as amended effective Au 1, 2 ES ee - See, 125.2, mails must be carried by foreign ves- : ; sels (first paragraph) 1S U.S.C. 1724 .....59a-0a See. 125.3 Duty of all vessels to carry mails (sec- ond paragraph) IS U.S.C. 124... eee 60a $ See, W55a (as amended effective. August 1, 1954) transportation of outgoing mails from ‘ post offices to Ships ..... 0.6... 2p eee eee. (Wa-Gla See, 125.5 BITS. £655) Fines on carriers .. patches are placed under hoist... .....-...... Ota Art. 79% Exemption from transit charges ..2..... fia Paris 1947 * Art. 153, pars:. 1. 2, 6 and 7—-statistieal period — "so ER ita wid kro meute oe ‘cose ha Art. 14, pars. Mand 2. Fixing numb rof sacks and: we ight. of closed mails Paeiecas Sa eee pee GGa Art. 161, pars. 1, 4, and 5—T ransit hein account 66a Brussels VW52 Note: Articlis 171, 172 and 179 | cintaie provisions: similar to those in Articles, 153, 154 and 161 of thre Paris 19479 Convention ... 00.0752. coe. C8 .: ; . ae. ‘ os ce TABL. kK OF CASES tae York Central RR. . WN. U nited States, 65 Ct Cls. bh vans Foe CS Fe enc: Woks baccoaewenes 21 Pacific Mai Sieamsbip i> . ad States, ON 4"t. ‘s a. i See aan aS EH Foe te Nt °1 Vnited Frait C 6. ¢«. © nite d Stitte a, “144, ('t, CIs. 154 ¢ fo | re PE OR re ery ee eer eE or me SS. & “United Fruit. Co. x. wv nited pi, s, 103 Ct. Cls, 303 ‘SD os oe ka We ee a ae ah aa raise tee igi "91 s United Fruit Co, v. United States, 112 Ct. Cls. 519 AY UR) 1 aha i Wea Sera pera Ey oe ere by . . ° ~~ &/ AD STATUTES, post AL REGUL ATIONS. AND. Post. , CONV ape ; zo / _ Postan Laws asp Reseations 1 Rape ee oh OU SC. £ 654(ay; Section 1: 20.7 (a), (App. oak ag Section. 1: “1.7 (bh) (c) (App. pp. S7a-58a) :.:4... 2," 2’ 4,9, 10,11, 13, 14 ASU S.C, § 1724, Sections 125.2. 125.3 (App, ». 0) / : 3, 4,51 ”, 48, Wd Section 125.5a (App. p. Gla), antes | PREP A pete 4 ie = a ek. ‘Table of Contents Continued ; , Page -U SIVESAL Povra v SIN CoNvENTIONS; "7, a Paris, ty zee Article 67, paragraphs | Land 2 | App: y. Ada) ree Article G&-(App. p. 8a) . 97a eee ees 30 Article 155 ———- Fand 7 (App. P. = : . 5.13.19 Article-154, paragraphs t and 2 ( App. p. ta). _ ae Article 161, paragraphs 1,4 and 5 App. p- tia) > 4 ad - A ° 13, 9 Brussele— - ; fi - Articles 78, 79 (App. p. Ga) .------ eee err’ 4.5.9, 15 Article, 171- (Footnote. App. p. Ra) oo. eee eres > . Artiele 172 (Footnote, App. p- GRa) ...ccceescees i) _ Article 17%, paragraph : 5 (Footnote, ga p. 68a) 4,5, In Rome. 1906 ? “Artic ‘le 4, paragraph 3 (Footnote) ..+.---- ede 6 “Aa of February 14, 1929 @9 U.S.C. € H54(a), ame nit ing RS. 4008 i sume imapuee ae tems? ee “4, 16, 19, 20 ae Oe g: ee PPE er PR OR AT fol oo aint alia dia Remar 19 ere ‘iant Marine Net 1936, U.S.C. A Ree or Leyte .§ poc UM ENTS © Documents du Congres D’Bruxelles 1952, Tome 1, pp. ; 533-534, (Post Office Department Library) ae ahs 16 . °* " Usrrep Favir Compasy, ['etitioner « ie a ve Uxitep States of AMERICA ° e . ‘ * —————_ ’ _ ( “PETITION. FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF CLAIMS. —_———_ The Petitioner, United Fruit Company, prays that a writ of certiorari issue to review the judgment of the United States Court of Claims entered on April 7, 1961. Plaintiff’s motion fér a rehegring was overruled by order of the Court on October 4, T961.- : OPINION BELOW. of the Court by Judge’ Whitaker grantine The opini _ plaintiffs motion to strike defendant's third and fourth defenses to the jurisdiction of the Court of Claims ts reported as United Fruit Co. v. United States, 44 Ct. Cle. 134. The opinion, findings of fact and judgment of the og - 9 ~ = : court by Judge Laramore is not vet reported. Both opin- ions, the report of the Tal Commissioner, together with ° orde r of Cotirt ove rruling petitione r’s motion for rehe ‘ar- ingon Oe ‘tober 4, 1961, are Sst forth in the Appendix he reto. ah eZ JURISDICTION | Two suits were instituted: by petitioner. unde T ‘the ‘Pucker Act in the. Court of Claims; the first (Docket No. 460650) — seeks Tecovery of the balance of compensation allegedly due for weights of sacks containing mailsand for. empty sacks transported by steamships, during the period from: - October 1, 1950, to July 31, 1954, at the rafes per pound fixed in Section 120.7(3)(b) Postal Iaws and Regulations, 194%; the second suit (Docket No. 568-57) seeks recovery of the. balance of compensation for.sac ks enclosing mails and for empty sacks tendered during the pe ‘riod on and after August 1, 1954, at rates per pound applied to the net weights of nails in amended Sections 120.7(b), and for reimbursement of expenses for true king of mails ‘from post offices to steamship piers from and after - August 1, 19° 4 The 4wo suits were consoHdated for hear- ing-and a singbe opinion rendered_on the consolidgted cases. The court denied recovery on all of petitioner's claims ex- cept that judgment, was allowed petitioner for empty air mail sacks enclosed in bundles of. othér empty sacks, the’ amount to be determined pursuant to Rule 38(c)." Review is not sought of this part of the judgment relating to empty air mail sacks. Jurisdiction of this: -court to review oe esi of the Court of Claims is invoked ander 28 U.S.C. 1255(1). , _—_— - ' The amount cannot be seiiiuatnial until cienpletion of tests as erage weight and number ‘of air mail sacks contdined in bundles of other empty sack, and deducting average weights thereof from the total weights of empty sacks represented in plaintiff's claim. : . . | 3 QUESTIONS PRESENTED | | -1..Do the provisions-of the Uv niversal Postak Union Con- vention of Paris, 1947, Article 153, paragraph 7, authorize the Postmaster General to require the gratuitous carriage - of empty mail sacks pursuant to his powers under 18 — U.S’. 1724, after protest and notice that compensation for empty sacks tende red by the Postmaster General would be * demanded at the rates fixed i in Section 120. a 3)(b) for other articles? .* | a . Do the: provisions of Article 161, paragraph 5 ’, of the . Céavettion of-Paris, 1947, authorize deduction of weights. of sacks enclosing mails: in calculating compensation at rates in Section 120.7(3)(b) Postal Laws ‘and Regulations 1948, for steamship transportation required, pursudni to 18 U.S.C. 1724 after, protest and notice that mails would’ be | aceepted and transported on condition that éompensation be calculated and paid on a gross weight basis at those rates. e ot . 3. Denes the terms*‘sea transit rates’’ for steamship transportation, as used ‘in the “Act of February 14, 1929 [39 U.S.C. 654(a)] as the basis. of compensation in case of a foreign vessel, relate (1) to the rates for maritime transit per kilogram, set forth in Article 67 of the | Universal Postal Union, Convention of Paris, 1947, and e > i * The provision in the Convention reads as follows: Insofar as it concerns sacks which contain only, empty sacks or correspondence exempt from all transit charges (Article 79 of the Convention), the notation Statistique’ (Statigtics) is followed by the word Exrempt. Ww itnens Gireever. Allan testifying on direct (Tr. pp. * 370.371) ° for the Post Office Department said :. Pak : . - Well, with regard to the return of empty equipment, the Con- vention states that empty bags are exempt from statistics. And from that one little phrase for many,,.many years the bags have been returned gratuitously (Emphasis added). \_ . , 4 : in Articie “78 of the Brusse Ix Convention 1952, or (29 does the terin refer to ‘transit charges”? or * ‘maritime transit’’ in the: settlement. of accounts between. Postal Administra- ‘tions pursuant to the provisions of Article 155, para- ~sgrapk: 7, and Article 161, paragraph 5, of the Paris Convention and Article. 179, paragraph 5,-of the oraae ‘Is a 192. | > ; 4, Yas tie Postmaster General lawfully require the ‘eartage of mails from the post office to piers and. onward _--steamship transportatibn pursuant to IS U.S.C. 1724 at rates of compensation fixed by amended ‘Section 120.7(b)(e) effective August I, 1954, for the ‘net weights of mails, -eatter petitioner 's prote stand notice that Mails.tendered on ‘and after August 1, 1954, would becaccepted and trans- ported on condition that comipensation be caleulated+ on gross weights atid that’ petitioner be reiwbursed its. ex- penses for cartage of “mails from post offices to piers as required by ame nded Section 125.5a Postal Laws and ~ Regulations: : PROVISIONS OF THE CONSTITUTION. STATUTES, POSTAL REGULATIONS AND POSTAL CONVENTIONS INVOLVED mstitution ‘taer shall blic use, withofit jus The Fifth Amendment to the private property be taken for compensation, "” rv ~ References to relevant provisions of thy Postal Lays and Regulations and’ Articles of the Universal Postal’ Union Conventions, printed in the Appendix hereto, pp. ofa te = _ 68a, are as follows: | . pares Laws and Regulations, 1948, section 120.7 (a), 39, USC. 64(a) (p. oTa)s seetion Ta ¢b) ce) Opp. ea- 8a); 190.706) as amended August 1, 1994 (pp. o8a-60a) : section 125.2 (p. 60a); section 125.92 (pe 61at: section (125.5¢a), 89 ULS.C. 655; seetion 125.50) (pp. 6la-62a). - - *)" hae ? - Provisions of Universal Postal Union Conventions :. Paris WAT Art. 67, paragraphs Toand 2 (p. 63a), Art. 68 (p. 64a): pases Brussels 152, Art. 7S, —paragt raph 1,2 2 and 4 (p. ia), . Art. 79 (p. 66a): Paris 1947, Art. 1938, paragraphs 1, 2. 6 Sand 7 1 (p. 66a), Art. | M4, paragraphs | and 2 (p. 67a). Art. 16], ‘paragraphs ‘1, 4 and 5 (p. 67a): Brussels 152, Note, Articles 171, 172, and 179 cone tain substantially same previsions as Articles 153, 14 and 161 of Parijs Convention (pp. 66a-67a). . STATEMENT OF THE CASE ., Petitioner. is a steuiship owner and operator ofa steamship line in foreign commerce between New York or New Orleans, on the one hand, and various ports in Central and South America, the Panama Canal Zone, and islands in the: Caribbean area, on the other. For years it has regularly transported passengers, cargo, and mail. Plaintiffs receives no ope rating: differe chee 1 subsidy under the Mere ‘hant Marine Act 1% Wi, 46 Uos.cC. § 171. There was a long existing’ practice of the Post Offiee SDepartinent of paying for the steamship transportation of mails to foreign ports on a net weight basis, no com pensation being paid for weights of sacks or for empty sacks dispate ‘hed with the mails. “Apparently, the practice arose under RLS. 4009, which provided that Tor transporting the mail between the U nited States and any foreign/port . the Postmaster General may allow as compensation, if by, a United States steamship, any sum not exceeding the sea and U nited States inland postage; @! if bya foreign steamship, any sum not exceeding the sea postage on. the’ mail’ so transported. (Finding 28; App. p. d8a), The Act of July 3, 1926, amended RS. 4009'to provide that for transportation of mails on American flag vessels 2 2 fs 6 “the Postmaster General may allow ‘teompensation’ not: in exeess of the amount of postage collected on the marl transported on sich vessed,’’ and in’ case of a foreign vessel not in excess of the ‘sea transit rates’’ prescribed by the ‘Universal Postal Union Convention’ | Fhe Aet of February 14, 1929 G9 ESC. 654 (n)) entitled An Act to provide more definitely the rates: of compensation payable to steamships of United States registry for transportation of foreign mails,’? amended the Act of July 3, 126," so as to provide that the Postmaster General may allow. to United ‘States: Vessels compensation on a weight basis of -not exceeding 80 cents a pound for letters and S&S cents. a pound for other articles, including: parcel post, and in case of a foreign vessel cosapensation not in exeess af the “sea trarisit rates’? prescribed from. time to time by the ‘Vniversal Postal Union Convention (Finding. 28; App. p. 4a). On June 16, 1959, petitioner by its: vice president, sent a letter to the Assistant Postmaster General protesting against the refusal of the Department to allow any com- pensation for steamship transportation for the weight of empty sacks, and the refusal to include the weights of mail sacks in the weights of mails, and expressing the 3 The Convention of Rome 1906 (Art. 4, par. 3) was the first to: prescribe charges for ‘‘sea transit.” This was changed to ‘‘mari- time transit’” in the Convention of Stockholm 1924 and subsequent Conventions (Art. 70, par. 1). ‘The language of the Act of February 14, 1929, follows sub- stantially the draft recommended by the Postmaster (Annual Re- port Post, Office Department, p. 87). House Report No. 1788 to . ‘accompany H.R. 6865 (the Act of February 14, 1929) states that Comptroller General holds that the rates per pound then being paid could not continue unless it: was shown that ‘the postage col- lected from the mails dispatched on-each trip of a ship is not less | than that the rates fixed. In order to avoid the great and useless amount of work involved in such an ascertainment, the Postmaster General recommended that the ‘law be changed. ee view that gross weights of all mail (including sack con- tainers) and empty sacks tendered by U.S. postmasters for outbound transportation, ix an obligation of the Depart- ment and: that compensation should be allowed and Paid at the applicable. rates. It was also stated that the exclusion of weights of sacks containing mail had no ‘counterpart in any other system of transportion utrlized by the Department (Finding 29; App. pp. 25a, ida); that there was no precedent in commercial practice for exelusion of weights of sack containers (Finding 4, App. pp. Ta,” 3oa)¢ and that the practice had become aggravated by - returning empty air mail sacks. Notice was given that on and after October 1, 1950, that any mails tendered ** will be accepted and transported by this company on the condi- tion that compensation for the transportation .. . Will be computed Upon the gross weight (inehiding sacks) of mails so tendered and transported’*; also that empty sacks will be accepted and transported with the distinet understanding that compensation will) be claimed and demanded at the’ rates specified in the Pastal Laws and Regulations for Other Articles.’ (Finding 19, App. ‘pp. 44a-46a). ‘On July’ 14, 1950, the Neting Assistant) Postmaster General replied to petitioner's letter, the pertinent portion being set forth in Finding : YO (App. pp. 16a-19a, 46a- 4¥a), to the effeet that pursuant to iS U.S.C, 1724. plaintiff " Was rejuired to transport mail adored by the Post- master General and upon refusal clearance of steamers —_— shall be withheld Upon ‘notice thereof to the elearance |. officer of the port; that compensation for steamship transportation ix paid on the net weight of mail involved; —and that it is the universal practice not to pay for weights of sacks. used. in connection with the dispateh of regular. or parcel post mails or for the return of empty sacks, either in transit through foreign countries or by steamers. dt was stated that the practice ix apparently based on provisions-of the Universal Postal, Unien Convention, the ; | ‘S thien present one being that siened at Paris, J tly 9, 147.” The Assistant Postiaster Generalagreed that some action ; should he taken towards possible payinent for weights of sacks used in the dispateh of mails as well as for the retin of empty sacks. but until something was dene cby the’ Universal Postal Union, it would be mecessary for the United Fruit Company to accept any mails tendered) by United States postal authorities in aecordance with rules. and. regulations as seteforth: by’ the Postmas ter, (Gieneral. (Finding: 26; App. pp. ba. Ia, 4ia- sa). Petitioner replied eer ae 29, 1950, that it — its obligation to transport the mails pursuant to IS VU, $1724, but disavowed any oblivation te transport) sae “se containing: ‘ails or elipty x: acks without compensation andl aoe ‘in earlie T Soeition.- It Wis requested ma pee mii at rn time the net Seight. statements of ania Are furnished. (Plaintiff’s Ex. 4: Finding 21; App.-pp. 21a, | 49a). . “3 | On: and after, Detobes rT 1, 1950, the Departme nt continued : to tender mails to petitioner, ; The United States postal authorities in the Canal Zone and Caribbean ‘area began: firrnishing statemynts of the gross weights ‘of mails dis- patched on petitioner's vessels. Vonchers were filed for aR on the basis of the gross weights furnished: a —_— —— # * The provisions of the Convention relied upon, which are quoted in the hey eo inding 20 J relate te the settlement of accounts — - for territorial and maritime transit between: Postal) Administra- ‘tions on the basis of statistics for 28 days every three vears, which exehide from the. statistics’ the weights of all official” mail, prisoner of war mail, and ‘free for the blind when enclosed in separate sacks, also sacks’ containing empty sac ‘ks? and in addition. the debtor country is given a credit of 10 per cent on the frane amounits.on all other sacks containing regular mails, ify order to take account of. the weights of sacks and packing, as wyllas any exempt mails enclosed therein. See Articles 153, T4 dad 1 of the Paris Convention in annexed Appendix, pip. 66a to 68a. the Depagtinent revised the vouchers and made payment cof the net weights of the mails. The furnishing of gross weight statements were stopped. (Findings 31 and22: App. pp. 1a-20a, 49). The tender of the mails cd@tinued and payments made only for met weishts as theretofore. The matter of handling and possible payment for empty sacks and sacks enclosing the. mails was to be considered after: ‘the Brussels Convention to be held in 1952 (Fuidings 23, - 24; App. pp. 20a, 50a). The Postal Regulations Section 120.7, pagagraphs (b) » ‘and (¢) were amended effective August 1, 1954 (App. pp. 58a, 49a) abolishing the previous. distinction ‘in rates for letters and posteards and) for other mails and establishing single rates in ‘teents pound-net weight’? for all mails, on an ascending scale according to distances, - varving slightly for certain short distance zones from the maritime transit rates in Art. 78 of the Brussels Conven- tion, which were on a gross weight basis. “On July -23, 1954, petitioner sent a further letter to the Assistant Postmaster ‘Gerferal, reiterating its previotis protest of June 16, 1950, and in addition served notice that ‘on and after August 1, 1954, petitioner would demand reimbursement for expenses in trucking mails from the Ts) post offices to the piers (Finding 26; App. p. 22a, as’ amended by Gourt, p. 51a). The demand for reimburse ment for trucking the mails from post office to piers was baséd upon Article 78, paragraphah which defined maritime ‘transit. as beginning when the mbils are place under hoist and ends when’ diseharg4) on the wharf. The | Assistant Postmaster Gener acknowledged: reeeipt of petitioner's letter of July 23, 1954, without any comment, (Plaintiff’s Exhibits S and 9). Somnencmeaminciy oo ¢ - © Tn its motion to the court for a rehearing, petitioner took exeep- tiew to court's substitution for the Trial Commissioner's Finding °F (Appoop. 22a) an entjrely new Finding 27 (App. pp. h1a-53a ) based pon a letter from Assistant Postmagter General John €. 10 . regi HOLDING OF THE COURT BELOW The Court of Claims, on the basis of conclusions of faet which differ from ¢ertain material findings of fact ly the Trial © omission’ r. hele . (1). That the: rates per pound line dy Seetion O70) (Cb) ofthe Postal Regulations, 194s; fcovered the earriage of sacks, both’ wavs, as well as the articles whieh they eon | tained; that had there been any intention-to pay additional — - compensation for the carriage of the sacks which enclosed” © the mails the regulations wouldshave said so; and that. the absence of a provision for additional payment would seem otirshow that none was.to be paid. , (App. p. On), Allen to the Auieiican Merchant Marine Institute: with respect -* to the applicability of the rates’ on and after August 1, 1954 The letter in question is obvieusty self serving in that it contains stite- ments as te the coverage of the rates on empty sae ‘ks ant] the transportation of the mails from the post office to piers which, are net a part of the regulation issued that day The Court was : urged to amend its Finding 27 by restoring the Trial Commis. sioner 'y Fincdisng 27. also to inelude four letters in evidence bearing on theesubject as follows: , (a) Letter of Oetober 92. 1953) from the President-of Amer- jean Merchant Marine Institute te—Assistant Postmaster | ~ General Jobs CAT (Gov't. *Ex. 14A), ; Letter of June T6, 1954. from AMMI to Assistant Post. master Joho ©. Allen (Giov't. Ex. MiB), a ere) Letteroof June 30, 1954, from Ausistant Postrmaster Gen eral John Co Allen in reply (Gov't. Ex. 4B). and (do Letter of duly 23. 1954, from jietitioner te Assistant Post. waster General John ©. Allen ( Plaintiff's Bx s, Gow 't. Ex. 14). 7 None of the rate regulations in, effort up te, aor os od, 1953, (dischoses that the: rates: per pound Was applicable to net weights, or that the rates excluded weights of sacks whieh eontained them, or the weights of empty sacks. neither de the Post Offee W astalls het Statements of Weights of mail show any exclusions of weights, either before or after August 1 Yd. (Plaiitaf’s Exhibits TS OO, 61, 62 and 63, alse actualy; youll, and weight. statements, — Plaintiff's Exbibits 40, 4] and 42 . : , 4 (2) That both parties Krve wothat in order te earry the letters and posteards the steatmslipoee mney, band te Inrines. the sacks back and the mate fixed for carryine the letters and posteards, mot only covered eartyine the saeh~ in - Which they were contained, but also covered *thringine back the empty sacks oO Nppe op. Meee deat ther th ~ did net apply to the empty air Sr ~aeks, (Ap. ec 3) That Is. § 1724 is authorits for the amended Section P24, 2(h) " onion Ausust 2. 10d, reepacrime stecin eh ovape anu ‘yoing riail, it pl that the rates fixed by the Postoiaster ship COMP ES fer. Araiite fer the pee pat collin to ye ‘General Section TOT Ub ie) were “intended2* hy lym te cover compensation for this serviee, as well as transpor tation by, sea: that the f failure te prov ide for additional ‘compensation indicates the faites fined. for carriage of lefters. ete. included all servjees ine idental the ‘rete. (Ago. i meet). , : a a “(4) That the Ne tte . of uly 14, we Oh frota the Naw-tant Po-tinaste T (rene ral i(k recliner “d) wt itte " prion’ tev th. period involved im the present stits,, rejected aselainti ll protest and notier of Sine: 1, Tw (Findus 1%: App pp. 44a46a) that mails tendered on and atter Oetober 1, 1974), would be accepted ane tratiaportest Gn condition that compensation be calculated em a gress eight basis” (7) That the Postal Union Conv titien held ‘in Bernsset wn 1 refi al to change the “Atsis of prea Mie nto com be naation. and continned to compote it. om the net weight of the contents of the sacks. "Petitions rsubmits the letter of Daly Th 100 Finding 200 did net rr hese “he Post Office De part hie « f ita L- yal lal. hits to com pe Neate on # gross wermlht basis on maths temdlered em and after Oetober 1. 18, ete of- the. complete lack of acquiescence as - ‘demonstrated bes repeated prmsitomts bas a oS and persistence nits original position see Findings 4 24. v4. 26, 30 and 4. App opp Taz ba. Mia Ola, ham. ‘ - ERRONEOUS FINDINGS AND CONCLUSIONS | | (1) Empty sacks asd ompty sir mall sacks in claim were carried on same trip as the mails | -. The court's conclusions that the outbound rate applied to net Weights of letter-, ete, net ants covered the carriage of the sacks which enclosed therm, but also covered “bringing back the empty sacks." indicates confusion by | the court as 40 the -empty sacks aetually invelved in plaintiff’. claims, (See Findings 14, I, Te and 1s): The use of Post Office Forins Seactibed im Kinelimes 14 and 18 may.be illustrated from Plaintiff's Fhibit t *. \ - / . . ~ ~~ — . = 4 oni for transportation of empty sacks. ¢ . “48 2. ‘Suits are for compensation : ‘based upon the wale of mails including the sacks . 7 The court holds that compensation. coniprited on the net weights ‘tcovered * the carriage of the sacks, both ways, as well as the articles which they contained; although ‘there . was deducted the weight of the mail sacks from the weight oof the sacks with th@ letters and packages contained thervin,”2 The eon al holds that the rate covers “bring: ing back the empyv sacks."" and that plaintiff ‘seeks addi- tional compensation based on weight including the ‘sacks > e845 This is in conflict with the court's previous decision by Judge Whitaker in the jurisdigtional Challenge by defend- giant in the easescat bar. The deferndant’s fourth speetal defense was that the court had no jurisdietion because to render a judgment would require. the cotirt to fix rates for the carriage of sacks, the court said—- “This is not true. “What ohetntift | aske us todo is to hold that the sacks were a part of the mais and that it is entitled to compensation agit. a3 the wert of the mails including the sacks. arnt te werrht or the empty sacks geturned. The rates are fixed by the Post. master -General, The (lle ‘stion prese NMted “te as is whether ‘or het plaintiff is entitled: to compensation at these rates on the weteht oof the mails ineludine > “the sacks.”* United Prt ta.-%. Pinite do States, supra. Regardless of the semanties use ad by the. rourt belowsthe facts are crystal clear from the letter of the ANeting Assistant Postmaster General to plaintiff dated July 14, 150, that the Post Office Department has for Years ‘followed the ‘practice not to pay for the weich tx of sacks used in connection with the dispateh of regular or parcel ® Petitioner's claims are for compensation for empty sacks ten- dered by the Postmaster General or by his direction, and not for “bringing back the empty sacks’’ tendered by anothe 'r country. 19 post mails or for “the Southbound’ return of empty sacks, either in transit through foreign countries or by steamers.” Furthermore, in justification of the practice net! to bas for empov sacks, or the sacks used ih connection with the mails, the Assistant Postmaster General quoted from. the ‘Paris Convention, Article 153, paragraph 7 ‘ty and Article 161; paragraph 5 (Appendix, pp. (iGa-H7a) Stated that based upon the quoted sections of the Convention the weishts of cempty sacks are not taken into consideration as regards statisties and transit charge aecounts.”” How- ever, this is not the basis oferates to be paid steamship enrriers under the Aet of February 14, 1929, (39 0 SC, £ OO4(a)). : 3. Steamship carriers should not be required to become un-. willing partners in generosity between Postal Admin- ~ istrations Phe steamship carriers should not be made unwilling: partners in the generosity between Governments under Postal Union Conventions through threats of withholding ‘of Cle ‘arances of vesse's upon refusal to accept the, mails } } at rates applied as the Postmaster General may ghaove, The conflict, confusion and the overall complexities between: the postal st: atutes and provisions of the’ Postal Union Conventions as interpreted by the lower court should be clarified. by this Court. ; MN thority for Postal Vent ions is containe Vin 5 USS. Par and PRON Ge fees th at-fea the PULP pase of making he ‘tte sr post: a ee ok metits With foreign eountries the Postmaster General. by and with the advice amt consent of the Presdient. may negotiate and coti- chide postal treaties or conventions, and decisions of the Postmaster General constriujug or interpreting the provisions of any cotivention af aeerexes by the President. shall he final and. conclusive upon all officers of the Unite 1 States. The interpretation of the Acting’ Agsistant Postinaster General of the provisions of the Paris 1947 Convention (Finding® 20) were not approved by. the President. The findings of fact show there wiis nocaequiescence in the payment of Gompensation on a net weight hasts. (Findings 19, 20, 21, 22, 28, 24, 26, 27, 30 and 31). ~The Trial Commissioner correctly found that compensa tion for the transportation of sacks enclosing mail matter. wits paid only forthe net weight of the.mails in the sacks; | no compensation was paid for the empty sacks transported hy plaintiff. (Finding 27). An analysis of the le tter of Jody 14. 19 “0 (F inding 20; App. pp. 16a-19a, 46a-48a) from the Acting Assistant Post- master General shows that no compensation was paid fer sacks enelosing the mails? ner for empty sacks senf from. the United States to foreign countries te which they he. longed for the reason that pursuant to the Conyention of Paris 1947 his Department does not charge other Postal Administrations for maritime transportation «for the’ welghts of their sacks enclosing their mails, nor for their empty sacks, in the settlement of transit, accounts. Of course, the practice followed by the United ‘States is. re- _procated by the other Postal Administrations and this ts seaecatie the hasis of the lowe ‘reourt holding that— This, of course, was equivalent to’saving that the rates fixed covered the carriage of sacks, both Wars, as We Hl ax the articles they contained. This saaceiptieetians ve the Postmaster General and ap- plied to all mails and all steamships and followed by the’ court is incompatible with the authority of the Postmaster General under 3920 S.C. § 654(a) authorizing him to allow’ compensation for steamship transportation of mails in case of a foreign vessel not exeeeding the maritime rates pre- seribed in the Convention from time to time. The act does not: conte mplate that the basis of compensation ‘to vessels ef American registry as well as to foreign registry would he equated to the basis of the discounts granted between | Postal Administrations in balancing accounts between eac ch ' } | "gt / other, The defendant demanded of petitioner the service for Which it claiius compensation, and, therefore, the primary liability to pay for these services is on the defendant. Vonaite d bruit i 0.-%; Unite d States, 114 ('t. (Is. ON} (1945); United Frait Co. v. United States M2 Ct. CIs. 519 ( 1949). 4. The Requirement to carry without compensation constitutes ‘a taking within the prohibition of the Fifth Amendment _ In esse hee, petitioner's suit was for the recovery of the Jivlance aot Compe nsation on the weights of csaucks as a part of the mails (United Fruit Co. vo United States, supra) Srequired to be transported i ste te IS U.S.C. 1724 under a threatened penalty of having clearance of vessel Withheld for re Tusa to aceept inet transport. .Plaintiff not being a free nent to refuse to mecett the mails te de rea, the required transportation, without compe nsatif~n Yor a part of the mails, constitutes a. taking of the use of plaintiffs property within the prohibition of the Fifth Amendment tw the Constitution. Pacific Muil Steaniship Cou.v. United States, 28 Ct. Cls. Ve New York Ce bes RR. Co. v. United States, 65 Ct. Cls. Ho, afirmed 279 1S. 75. CONCLUSION For the foregoing reasons, the Court is urged to grant this petitien for a writ of certiorari to the Court of Claims. Respeetfully submitted, War lL. Dexsine * One Farragut Square South Washington 6, DOC. Counsel for Petitioner — OM Counsel: Atasx FP. Woutsterter | Miasest He Laxp Josern FL Meiiiss, Jr. February 1, 162 rs | ; Be la APPENDIX IN THE UNITED STATES CORE OF Od AIMS a 7 oe Nous, 440s ane 208-57 ‘: 96 Decided Dyecoriber ° lie rein, and compensation was pard onky for the met wereht ofthe maths. Ut tscuise alleged iat compensation wae refused tercempty mail sacks returned by plaintii te the lace of oriat Petemdant’s third “defense. whieh plaintaf moves’ te strike, is that juri within the exelusive. Jurisdiction of courts of witiralty, bat it sis the cineiileaieng rs in whack the amiails are carried are neta part «of the mails and that aosuit tor the: carriage of then is within the exclusive juriedietion of the audtniralty courts. ° ; Hy it i conceded, as we think it mustebe, that this eourt has jurisdiction of a satt ior compensation for the carnage of the mails, exelusive of the sacks in which the mails are carried, it Weuld seem te berder on the absurd to say that it has.ne jurisdiction of suits te recover compensation tor the carriage of the containers themselves. It would’ indeed be Strange if Congress intended that a steantship company: sfieuid faing it by the Post Office Dopartme nt performing the trucking; serviceson incoming mail from pier to the post offiee. 7. In case No, 460-565, plaintiff seeks fo recover (1) came: pensation for the weight of satéks enclosing miuatls, and (2) compensation for serene of empty sacks for the period October 1, 1950, to July 3 » 4, ane i in« ase’ No, DN: ny for - the period August 1, nt ‘ December 31, 1958. In ease No. 68-97, plaintiff also seeks reimbursement for the cost of. trucking outgoing mails from the post offices to its vessels. The plaintiff has been paid for the transportation of the’ mail matter enclosed within the sack but it has reeeived no ¢ Aompensation for, the carriage of the sack itself when con- \alning mails or when transported as ane mpty sack, 8. Mails transported by plaintiff were iaheetie muails originating in the United pics and maths of foretemorigin ‘sent to United States post offices at New York, New Orleans and the Canal Zone for further dispatch to third ecoutitries, Such mails of foreign origin are designated as “foreign closed transit mails”* transit: mails’ and those post offices at ports och ae transmitting such mas are. designated as,*texchange offices’. Both’ domestig and for: | eign closed: transit nails, enclosed in eanvas sacks orebacs consisted of (1) letters, (2) printed matter (prints), (3) parcel post, (49 registered sacks -of Lette ‘rs, prints and -parcel post, and (5) diplomatic diXpatches, classified as prints. Also transported were ‘sacks enclosing empty sacks / Ya being returned by the titst steamer available to the country of origin, The empty mail sacks were (1) saeks which had originaHy enclosed mails sent hy steamshipoto the United States or another foreign country and which were being returned te the country of origin through: the United States postal servies, and (2) air mail Sae ks which had enclosed mails flown into the United States and ow hich were being returned by steamship. ) . Prior tovand after OQetober 1, 1950, plaintitf trans- ad domestic and transit mails tendered by thes Post- inasters at New York and New Orleans at the post. office platforms ‘for delivery: to ports in Central and South America, the Panapia Canal Zone, and islands ‘in’ the Ca¥ibbean area. In addition, prior to and subsequent. to he ‘toby: ed. P00, detter and print mails of countries signa- tory to the Convention of the Postal Union of the Ameriens ‘atid Spain, were te ‘ndered at the Canal Zone and other ports for tri ansportation on plaintiff's American flag vessels, 1), Plaintitf’s sailing schedules for all of its services Were sent to shippers, freight forwarders and other, inter. ested persons, and-were publicly advertised in the Secu York Journal of Commerce and other shipping publica- tions. Sailing schedules included United States ahd forcvign , flag vessels operated by plaintiff. The New York Dost Ofice published a daily bulletin, for the information of its cmployees and patrons, whieh Jisted in advance the sailing time and pier of vessels of United States and foreign registry seleeted for the dispatch of mails to foreign coun- tries, and thy closing time tor the mails at the post Office. 1i.. The ** Manual of Information for Exchange Offices?’, Which contained instructions: from the Post Office Depart- “* ment to the post offee employees of United States exchange offices, contains thé following: Duty of vessels to carry mail tendéred --—-Exe 7 as. Otherwise provided hy treaty or convention, the Post: [Oa master General mas require the tran-pertation bY any steaniships of mind fotsccon the Lonitead Staaters aatael aan port iN nether eommiry ual thi: cutie tiscatieens” iNeed under authority of law. , Arrandsmeouts with stecmestap competes: It is the funetion of the exehanse offices at ports in thi Uo suttesd States and possessions to arrange with od ~Teaniship comipuinibe ~ for thes “ny Viien oft ‘athe catud parece! se , to othér countries or other overseas destinations hy. vessels sailing from thos parts whose schedule ‘aa itinerary mest With the rewnlations, Instructiefim ane reeuirements is~te «loby the Department. Action shonh! therefore be takencat such eXchange offices to obtain information regardine prospective sailings of all vessels by whiel the mail- or paircel post made upoby such exe hi; ayer offices or reevived trom other exe hange offices may be dispatehed.” T he caforms ition is ebtaine al by communicating with the steamship companics by telephone or otherwise or throngh advertisements of the ti wimnship companies or other notices carried in the daily press or other, peri odicals that may be ebtained. When a steamer is. found te be available for the wonveyanee of mail or parcel post, Porm L006, titled “ Steamship Notice Oeean Mt: atl Servier’ is fnatled-to the office of the steamship company or duly authorized agent. The form is self-explanatory and when filled ott and returned by the ste: amship company or agent, “furnishes, in addition to the name and registry of the steamer, Information to accurately determine (barring later changes) the departure date, ports ef call, arrival dates and mails to be eofveved. Changes in the fime or date of departure,‘or ports of call received by tele- phone should be entered on the Form 2006 te show date and time the information Was received and name of steamship oftici ‘ial giving the information. Delivory Time: > Mails are delivered to the repre- sentative of the steamship company at the post office, The delivery time or the time the final sack will be delivered to the steamship representative will depend upon the distanee from the post office te the steamship. w * lla pier snel ~Heoald bie iis close is practicable to the salling “ftimeoot the steamer. to allow for the latest prossible ° ; closing tine -of tails at the post offiee, 7 | ‘ ; ; > eee : 7 ie es Hy the advertised sailing of each of plaintiil’s “ls. the postmastérs at the exchange offices addpe shown conde ret bee velentitieds with thie siehk~ & lantend «oti the prest offer wis tulle. a 190 O00 Saaree bes, PM, the pelaintitt bey it~ view prrestebe ts sent a letter te the Assistant Postmaster Gatnerai by the, terms of which it protésted avaitat the detenedant’s reftsial ‘. te pay for the transportation of mail sack- whether thes >. diel Or did met eatitann mail tp shape operated by dhe plain TY der “the Atnerican Nata, Pron ports by the Eo tipteed States fo foreign ports. = eae Lin Con Deady DAL De, the Netinge Nenretant Posteiaster General Bureau of Tran-portation. wrote -pliamntolh int part a~ follows: In _thi- aeety teat pen Rory ? satteatien j- eatthledt tei the following Seetions of the 104% Postal baw - ated Reon latins: Section J207 paragraph Ubi De finite bates Ue Ss otherwise spresnadls prrosteledd fans tae nt Sguell te tide for the transpoortarion of Es ite} States meati~ and foremn Closed tratintt tosagls sty mts catnam binges cot baoth Anited States registry. and foreign “registers. amd ter the transportation te the Fnited States of mails which the: Uo natecd States i cobliccsaten| tee conve, at the “rates vet “SS cents a pound: for math. consisting af letters and - ° - loa ’ ‘ si . . ? ° . poosteared~ ane 7 Lwetit- a pernned for ricail~ cootsist img of othier- articles, neds lini puareed pened, fon di- tances up te ated dnedueding SOW) peiatie al idles: Die ee its aa joonantel for mitt! consiefing root detter~ cated puostesrdls and 2 cents a poate fer tails eonsietine ef ether articles, inedud. ine pares) prost, for distances trem AM ype to atied inechopebinne V.COMO guseratieseh teethes. cated hele eetits a prvtanied teor treats wenststiti of betters smd prosfecaneds ated 47 eonts i povtitiel fet sniatl= cotrsistitie eo) other arte ‘heal tue lisediten parcel poost, fer vlistaties exceeding D.0a nicatstiossl tithe =. . ‘ : 6 ection ME Dita ot cased tee “oanea oil fen reel hives }! sim ¢F ther wins prevh |. al i tre ity or con titteots fhe Pionfonctate ae ee al media peqquive th frunms- poontiter ' bp tw shee weshipes ot peti between the Iowiited N fates peat TT ed oof at the cormepe wed fron Naed ander authoridta ot law, | pot refusal by the tyientet eve thie commPricitichen ot ~hieh ~teuamashiip or Vessel ter gaererepol thie apne: When tendercd by the Postamaster General or hiss representative, the collector or other oflierreat the aes en owered te grant clearane , on netped af the retusal ateresatd, shall withheld clearance “spritel Uber epellewtor oot ether ofierr of the. port ix in formed by the Postomaster General or bis neparess ntit + Liye that the taster or commuter of the Se or oa teased dise~ ere qitend thie trvcagl err Ubiiet cones anew bis his etegistipe or Viesel ste longer Pe yininesd Tos the Post mismter. Cpenenand, stet> Sotuat. a4; IS. RA Vy (Dtalie- srippelnedd. ' ; e Pie Postinaster Gren tal hae the faawts ul authorits re Leet the cates of comipie tinaat on ter the rsanim goerr eat beens of bonitesd States mails on Steatier= sailing to fenmemn he “Tinhaat iets. ; W ith vers few overs perio, Pace enue knew Jo due B it i- the iter aal pers shet jee tert te pray for the werebt of sa he need in euntection wath the dispateh of pevular oor. “ gatee) promt wails or ter the eeturn of empty sack, either in transit threuch fess ten ecountpies or by steam et tisatiots is yrane eon tie tied weight, af the griebl pteveedvered. Thi- praetor THe part Yerkjarwerd for vreat nimber of ve As atet is apparently based on the following provisions of the Cnisversal Postal tC nien Isa yes — ’ . ‘ Convention, the present ome beans that of Darts «4 July 4; 147: / | - 2 Article Dan, paragraph oD regard ter siaek~ whic eomtiain tiothine: beet emsya saek=. ct corre spertide tice Nett freon soll transit ehiarees ¢Netiele OS of the Con” Vetstions). the tote Statietique te ferbferme boas thee weered xemipt. Netiele WO1, paraggaph D0 Drcwct chert aecvant In ewe , fis tithe ‘far cunt af this a ral f or? th. * ich Ms, per hand, iim we dl iam tet the. clans =~ cof weet Pees poeta lotion: . exempt foot all transit charges tn accordance with thes proves jets cof Aatiede OS of thee Coons enstacen, the totaal amount «ef the in vorutit Tor closed muath. is reduced bes 1 prereent, CM tabies ~ugeplionl Dt walk bee meted freon the aqneted Seetions: avi the Cosi versal Vestal | nien Convention that the weight. of efipts sacks are tet tahen iter cotstdenation: as re yards statistics amd transit charce acgounts. ~The Hecessitates our charging other porst: al cacdinitei trations for the net weieht~ of any foreign closed transit muil- ; handled by the United States and view versa. A meeting of the Technical Transit (ommittes of th: LT niversal Postal Liter was held in Teterlaken, Switz erland, during June of 149, for the purpose of revis. ing the Convention and regulations. covering the handbing aad charces invetved in connection wih foreien closed transit mails Nt tht) meeting the weight of sacks, as well as the return of empty sack-, Wits ay important item on the agenda. “Owing te the complesities of the overall problem and the hitherent “view proinits ot Siardertss snedenihisiet waatiotes, final decision was net arrived at daring the Inierlane ts meeting. However, the matter has been amd is reeds ine the attention of the various postal administrations ane anethe rmeeting of the Technical Tratisit Commit tee is schedaled t6 take place in Switzerland durin. May or June of TOL, at A ty bh tinnne: the Committee wall” make definite recomendations for canstderation at the next Congress of the Universal Postal Union to by held in Brussels, Belsiom, in ie. We are sympathetic towards yeur problem and agree it is necessary that seme action be taken towards Sa . . adopting a universally uniform system a recards poommitele: qos tne tat for the wedshit ot sucks used in con heetjon With the dispatels of nails as well a= tor the return of empty equipruent. Hegeever, until such time a~ nw change im procedare might be gebopted by the el niversal Postal Union, we regret if will be necessary ir yeu to accept any mygils terdered te steamers of the United Fruit Companys by the United States postal - authorities i accordance with the rules and regula tions as set forth by the Postmaster General. The emphasis by italie in | 125.5 and Article Tol Appears ine thee Ddeqeartenent “» fs So uthler-coring. neder the rules and regulations Jeter General ylaintii® was obli sisted fer sneee snail! tan any and all of its ~hap- that sailed from United States ports. i ° ‘ OL The plaintitt sent a further Jetter J the Assistant Poostanaster General on SN plotter ee tee in Wheeh it per cistedd in its earlier position and requested that it ly fur. wixhed with information a= te the weicht of sacks cartied, gs follows: Plisintit? sane as pepe 74 vata 148.g65.70 @ Porvnd Nagust 1. 1058 December 511455 @ Case No 560° 5; C'latcm few Woessht al Sacks I linge of vessel 2 ° American Dheotsehrarsans Foren wt _ Total ; 12? ND . Cartage ‘claim ? : . - = - Cartaye . ¢ ; S1s0070 7S Nednituistrative ON pre tine i : is ee Sb Total ee : Tas Grand teta! | ; , e415 ree ree Respectfully submitted. Wuirriras kK. Pay, Commissions & a nig Joa IN THE UNITED STATES COURT OF CLAIMS Nos, 460-56 and as nyt (Decided April 7, 161) . Usirep Freer Company v. Tue Usirrep States William Lo Denning for plaintiff. Ahin F. Woblstetter, Ernest Ho Land, and Joseph By Mullins, dr, were on the briefs. . ¥ . © Thomas F. Metiorern, with whom was Assistant Aftor- ney General Williaa H, Orrick, for the defendant. heaven: worth Colby Was on the brief. : Opinion Lanamone, Jielae, delivered the opinion of the court: These are two cases resulting from a long standing dis pute between plaintiff and the United States concerning compensation for the transpertation of mails hyesteamship. dn both eases plainti® sues for compensation for the ear riage of mail sacks between the United States and foreign ports, in No, 460.56, for the period Oetober 1, 140 to July” 34. 1954 and in No, 568-47, for the ported Nueust 2. 104 — to December 31, 1456, Also, in No. 568.57, plaingitt claims ‘compensation for the transportation of mails from the prost offices to ite vessels for the period Anyust 1, 1954 to 1). cember 31, 1956. | During the periods involved plaintiff operated a steam ship line between New York or New Orleans, on the ene hand, and Variwit ports in Central and South Nmerica, the Panama Canal Zone, and islands in the Caribbean area, on the other. Some of the vessels operated by plainti® were registered under the flag of the United States, seme under _ the thay of Honduras. and ve rt Un uther= were of Bi uropes im registry The mails transported bs plaintiff during the periods in “question consisted of letters, prints, pareel Prost, revistered nmiil and diplomatic dispatches, and were both domestic mails and mails of foreign origin. ATL of the pieces of cmaik were ino mail sacks, Plaintit® alse transported mail sacks containing empty sacks being returned to the country of origin, Most of these empty sacks were sacks whic h had oriinally cont tines mails sent by steamship to the United States or to a foreign country, and whieh were be- ing returned to the country of origin through the United States postal serviee: some of them were air mail sacks Whieh iad contained mails flown into the United States and which were beiyy returned by steamship. De fendant confesses Hability for proper compensation for the carriage of the. latter sue ‘ks. : ; . Section W724 1S ULS.CL as ameuded by the Act of hen. tember. 29, 1951 (04 Stat. B36). authorizes the Postanaster General to require the transportation of mail at a compen- sation authorized by law. The statute appears in a nete - below.! : | Section T2520) of the Postal Laws and Rewnlations (1948) required that plaintiff receive all outgoing mat at "S724 Except as otherwise provided by treaty or convention the Postmaster General mas require the transportation by any ste ansheps of nut betweetithe Pnated States and any foreign port at the conmfpensition fixed under authority of law. Upon refusal by the master or the commander of sach steamship or vessel to accept the mail when tendered by the Postmaster General or his Pep rQernert tative, the collector or other uftier roof the poort empowered to erat clearanes. on netree of the refusal aforesaid, shall with bold clearances until the eoHeeter or other officer af the port sir ; rise tos the osttiaster General or bias representative that the aster fr compratidert of the steamship or Nessel has accepted the nica Poor that er ‘ ities be his stesth vik ipower vessel ois ne longer re cytarresd bis the Postmaster General.’” Ltation of thi- micatis h mv ste saptintes }’ cat tyeol thiets th, arg “SP arents a . the poost offices tar be transported ba track. te pelaintaty ’s vessels’ Gor transportation te fteretonm ports, ane -aige unread pelcasratat? te Hedivet tee the prrnt efticcs ath proeceemay tiagil. The regeilatiens is amended on Prine 30, 154, re Leewered noleateet itt cof thee uty ast by vibe Vitae ineomin-mats fren The vessels ter the pores of? Myes pthereete i - mails were accepted hy the preost eafficrs on thee peers, ie Vevuist 2, Pest The Jaw. whieh was the Net of Febrasn 14, 10000 14. Stat, TIT. UE SN Ob ab aatherized thee Postenaster . > 45 Cieneral te fix the rates of comipensdtuer tor the trianegert a geotitied Por lettits ated S cents a prertnnidd for: other artic ‘len, ineluedinu parece! pest 2 trsmant te this authority. he fixed the rates: set out in puaragcaph bebop of seetien Tae yoot the came Postal Laws atid Regulations (iis) This varacraeph reads: =) : , j . Pre finite wate s. Vtrles~ otherwise “-frectal’s provided, -astient shill be nade for the tran-pertatien of Toratesd States mats aneb foreign closed! transct aise js ocote seca? ships of beth United State. registry Fae forerem Yeu - istry, amd for the than-pertation toe Lonitesd States of mails whieh the United States 1 ‘bdigted tev ceeny vey, at the Fate of SS-cent~ a pootined Peer mricatls een ~ist my of letters and pesteards amd Db eents a peumd for mails consisting of other articles, the dion posure } pent, for clistanees upe te ated omelusdime SO) meantical mules: Y3.7 vents a pound for mails consisting of Gat. rs per proste ates aml J. ‘Seonts is prvuntied Hoon DaseWem veeebinistiniw oF! - other articles, ineluding parcel post, for distances from SOM ape ter cared imedmelime TOO naitiea! moles. an A 2.5 cente oa poouned for mais consisting ef betters and saeeeit cards amd 4.46 events a prevmntiel fer nyiatis cotisist mag et Mher articles, meladime parece! pest. Tor-distaners ext ceeding, boo haatatioal ‘miles. | In applying the rates of compensation as. tived by the Postmaster. Gienerai, there was-chadueted the weight of. the mail sacks fram the wereht of the sack- with the letters and packages contained therein, and compensation was paid : . Jha list upon. the met wereht oof thevanaie Ne additional cotipetsation Wis paid for returning the empty sacks. Thy epider Tieets Re sented pow hether the rates of eomiprensct tion fined by tie Postmaster Gener’ were pitended te cover all thet serviees cesuired in order te tinsport the letters, poteatads, gid ether artieles, including parcel post. P Seo furias the transportation of the sack~ containing the quatlis conecnied. we think the rate tived Dw the Postmaster, General fer the Garage ef the letters and posteards covered the earruige of the sacks whieh @ontained them, At world diave Deon dipossible tee have earried the letters and pesteasrds withent putting them in something. Tn or der teceares them, for which the. stated rate wis te be gated, the steamship company had teedrry the sacks. Mad there , Veen ata i initeensfbeets tee pos aaede Litieonaal eon pee tect beets for the carriage of the sacks. the regulations worked hive sail so. The absence of a provision for payment of additional eom pretencetingtt for their carriage work seen te show that ntne Wigs fer be printed. ; ° ; . The provision for a canis spel the carriage of *tother artic ts elodimaopaaree! post oreferred te the content. of the seks. filet te the ich tlituse ves. The preceding ~pevitic clause clearls referred te thé euntent. and ie sum ably the fedhowWing general choase did se oniso. This is oan ta worl with the rile cof ee eee ee ‘ 2 The sacks ere valuable and were used ever and) aver, Soo, teeth pute krew that in omder to Cures the letters satied posteareds thie steamships ecnnipoans hiael tee brine the witeks baek. Dt worked scons that the Tate tinead four CUE rs ite the betters and posteards. net enly eovered carrying the sacks in Which they were contained, butealee Govered bring - soa haaeck thie « trigets ~ack-, . A. the Coon toisstonmer = +fireline~ ~heow, the pernetiee of “paying cotmpfeteatoon fer the vearriace of the letters and posteands. and the sack- in -whoeh thes were contained, Whe based on the weight of the letters and prostedrids ‘alone, was of long standing. Fora very long time the course of action of the Post Office Department shows that it itttencded the compensation fixed for the carriage of the letters and postcards to itchiuede the carfiage of the thins containiney the letters and posteards. Neo additional eonnys neation lias eter been paid for the carriage of the sacks or for the re turn of them. : For a long time the steamship companies tid net protest against this, CFhey say that they did not protest beenuse they did not know the Vasis sed by the Post Ofied Depart ment in computing their compensation. This ix a lame ex cuse, Tt would have been simple enough fer them te have found out the basis of computation, if it is true that the Post Office Departament would not tell them, by weighines the mails themselves.) More recently they have protested. On June 16, 150, prior to the period for which compensa: ° tion is sought in this suit, plaintiff’. vier presidett wrote the Postmaster General saving that for a long tim thew had protested non-payment of additional compensation for the earriaze of the sacks, and it served notice that it-would expect ablitional compensation in the future. The Acting Assistant Postmaster General replied of July 14. 1050, in’which he quoted the regulation fixing the rates, and the duty of the steamship companies to carry the mails and then said: ° ; With veey few exceptions, te vur Knowledze, it ix the universal practice not to pay for the weicht ‘of sack ° en origimally. enelosed riatils sent bey steamsfip to the United States or aidther tdrek: ri count Ty: and which we te being returhe postal setvicee? and €2) air mail sacks which had ene ‘homed mails tflown\inte the United States amd which were being peturne Lb Sfeamship. ? . Pridy +te-angl alice tg Netobe rot, 10, pl: uintifl “trans one domestic and transit: mails ina dy the Post- >. masters at New York and New 5 ims af. ‘the post offices platforms for delivery to ports in Ventral and. South . —_— tia a, the Panama Canal ae and islardis in the) - Caribbean: area, In addition, prior to and subseqne nt to) .. October 1, 1050, letter and print miils of countries sige: iv tory to the Convention of the Postal Union gf the’ Americas and Spain, were: tendered -at ‘the Canal Zone and. other ports for jramxportation ou plaintitl” s Ame ‘rican tag Vesse is. ? . 10, act's sates schedules tor all of its services were sent to shippers, freight forwarders and other inter ested persons, and were publicly advertised in the New York Joarnal of Commerce and other shipping public ‘a- » tions. Sailing schedules included United States amd foreign flag vessels operated: hy plaintiff. The Sew York Post Office published a daily bulletin, for the information of its em- ployees and patrons, which listed in advanee the’ sailing fime and pier of ‘vesse's of United States and foreizn registry selected for the dispatch of mails to foreign coun- trigs, and the closing time for the mails at the post office. 1. The ** Manual ‘of Information for Exchange Offiees*’, . Which contained instructions from the Post Office’ Depart: ment to the post effiee employees of United States exchange _ offices, contains the following: * *. @- - . * . . . . Duty of vessels to carry mail tendered :— Except as | otherwise provided hy treaty. or convention, the Post- mits ster: (iene ral may re ‘quire the transportation by any ; Pav) to the country of origin threngh the hited States * ‘vessels sailing from these ports as odicals that may be obtained, pier and should he as close as jas taacaie to the sailing , j8a ae steamships of mail between the United Stat ~ ‘and any port. an anether COUNTES at thre compe nsation fy wd under authority of jaw. ; Arrindements with ste am sdap cs par ithe s: It is the funetiou- ot the exchative ofticts at ports iti the United States ait possessions te arrange with the stamship conmpanies for the eonwevanee of mails and pureed post to other. ‘countries or other oversegs de stinations by: te sc shedtite and itiner rary meet with the aad scorn its structions and - requirements issued by « | Department. Action should party Sa taken at such exchange offices to obtain information regarding prospective sailings of all vessels by which the mails or pareel post made up by such exe hange offices or’ received ‘trom | othe Tr eexe hange offices may be djspatehed. ° “The” inform: ition is obtained by communicating ‘eith the steamship companies by telephone or otherwixe or through advertisements of the ste ‘amship companies or other notices carried in. the daily’ press or other peri- When a ate amer ‘is. found to be available for the con- vevance of mail or “parcel post, Form 2006, titled “Ste amship Notice Qecean Mail Serviee’* is mailed to the office of the steamship company or duly authorized agent. The Yorm is self-explanatory and when filled - out and returned by the steamship company or agent, furnishes, in addition to,the name and registry of the steamer, information to accurately determine (barring . dater)changes) the departure date; ports ef call, arrival sand mails to be conyeved. Changes in the time 6r déte of departure, or ports of call received by tele- phone should be ente red on the Form 2906 to show date and time the information was reeeived and name of steamship official giving the information. Delivery Time. ~- Maile are delivered to the ‘repre- sentative of the steamship eompany at the post ottiee. The delivery time or the time the final sack will be delivered to the steamship representative will depend - upon the distanee from the post office to the steamship eed 2 300 time lof the steamer, teoabllew oor the atest possi clos Mz tine of miatls at the promt anffiares,. . During the week preecding the advertise sailing ot eae ‘ Of plaimtit’s vessels, the postuiisters at the exehanee _offiees ddressed to plaintiy a Jprintéd: Porm 226, entitled “Steamship Notice OQee aan Mail Nerviee’’, for each? #1 plaintiff's arkvertiseck vessels and rey sie for the vessel PRES in the form, by the postmaster, the tlag of registry, the date and time of ‘sailing, the pier. the ports of eall and the expected dates of arrival. Prior to Decenber Td, | ‘ Form 2006 contained the following statement; In connection with the racy of ‘mails, it is re quested that vou fill in the blank below for next week, andt mail as soon’ as possible, hut. no biter shia Wednesday of this: Week, in enclosed envelope, It os important’ that Crery port vf callion the oufieors! trip should be aivon in Hheorder in which they will be mad uw ith the « wpects d date of arrival at qale I port, Aji the + event of no departure, or the sailing being’ hilt Goer you will please note the same hereon, and refyrita tes office, . ly from ‘any eause it shall Te found necessary to, ~ postpone or adyanes the departure of the steamsiin, immediate notice” of fhe fact should be senfote this office, in order that advertisements and bulletins may be altered accordingly. It frequently ocenrs that advice of such’ changes: is not received until tee late toe be ot «© gerviee, and then only from unauthentic sources.” a \ Mails for dispateh by outgoing steamships shall he delivered at the post office, at the time agreed apen, to the respective steamshtp companies, whe must convey them to their steamships. (After the signature of the postmaster, blank spaces . were provided at this point for inserting, after the name of the vessel, the information requested. ) It is understood that the mails shall he caéried in accordance with the terms, conditions, and respérnst- bilities: prescribed | by the Postal Laws and Regulations He. 25 \ % of the U tiger SAA ters ant pont coftyentions how in 2 -# etfeet. i ' Rach track (or wagen> converving mail from the post office to the steamehip will be provided with a man to ride off the rear so as te preve ant dnterferonee with the » mail or the possibility of a sack working loose, and falting, utiebserved, into the street. | e lo ed After filling the biank The Company has long regardéd refusal to pay éom pensation for transportation of mail sacks as being unjust and regrets that it is forced to serve notice that on and after October 1, 1950, any mails that may. be tendered the United Fruit Company by the United States postal authorities for transporfation on United “States registry vessels éperated by this Company will be accepted and transported by this Company on the _ condition that the compensation for the transportation of the mails tendered will be computed ppon the gross weight (including sacks) of the mails so tendered and transported. Pere , ° Any empty mail sacks that may be tenderal the United: Fruit Company by the United States postal authorities fyr transportation on United States rew- istry vessels \pperated by this Company will be ae- cepted and tryhsported with the distinet understanding ° the sation will be claimed and demanded at the ‘rates specified in the Postal Laws and Regulations for all other articles, The foregoing will apply to all sogalled Convention mails, for which your administration is obligated to dha “transport dmler the free trgnsit provisions: of the fon.” vention of the Americas and Spain. We wish ‘to assure the Department of our -Incere desire to continne to transpiert all mails tendered and in fe sense is the letter Yo be construed as a refusal te transpert any and all mails at the crates fixed by the Postmaster General, and the U tdted Fruit -4 ‘omipatey recognizes in this regared: its obligation under the Pos- tal Laws and Regulations, but it respecttully disavows any. obligation to transport sacks contaifing mail. or empty sac ‘ks without compensation, 20. On July 14, 1950; the. Acting Assistant Postmaster General, Bureau of Transportation, wrote plaintiff i In part — as follows: “In this connection, your attenfion ix valled to the fol. . lowing Sections: of the 1 1948 Postal Laws and Regula- tions: oer ‘Section 120.7,-paragraph 20h). Definite rates. Un- less otherwise specially provided, payment shall be made for the transportation of United States minil We are sympathetic towards your problem and agree it ix nevessary that some action be taken -towards adopting a universally cunaform, system as rewards possible payment for the weight of sacks used in con- nection with the dispatch} mails as Well\as for the return of enipty equipment. \However, until sach time as a change in procedure nfaht be adopt\d by the Universal Postal Union, we regiet it will be fiecessary for yourty accept any mais tendeted to steamers of the United Fruit Company bythe Euiited States postal authorities in accordance with the rules and rewula- tions as set forth by the Postmaster General. - P *> . - S - « . : - : The-emphasis by italie in § 120.3 and Article 161 appears in the Department's letter by underscoring, ‘The Post Office has always paid for all elements of ocean mail transportation on a basis computed on a net rather. than a gross weight. -- é « submitted to the Brussels Congryss in 1952 The proposal that there should be’one rate for all mail was adopted; but, the proposals ‘that gross weight replace net weight as the basis of compensition for carriage and the empty sacks be counted as mail were rejected by the member nations. The Brussels Convention beeame effective on July 1, 1953. 26. The Postal, Regulations were amended effective Au- gust 1, 1954, removing the requirement that steamship com- panies truck incoming mails from the vessel to the post office, but Raving intact the requirement that outgoing mails be trucked from post office to pier; and establishing hew rates of payme nt forthe transportation ef United States mails and foreign closed niails on steamships of United States and foreign registry. On July 23, 1954, the plaintitt hy its. vice-president hid “sent at letter to the Assist: int Postmaster General reiterat- ing its previous protest of June 16, 1950, and, -in addition, served notice that on and after August 1, 1954, plaintiff would demand reimbursement for expenses in trucking the ‘ mails from the post offices to the piers. 27. By a letter dated July 16, 1954, from the Americar Mérehant Marine Institute to the Assistant Postmaster Liene ‘ral that group confirmed : 7 We further inderstand that we are still free to he: enues with you amendments to the’ regulations which would effectuate our contention that compensation to the carriers: should be calenlated on vross weight of the mail, ineoming sacks containing empty sacks, and that reimbursement should be made to’ ocean earriers - for the cost -of trucking outbound mails from Post Office to ship side. In closing, we strongly recommend and request that these new ates, with exceptions aforementioned, be cinade effee ive July 1, Hot. ‘ To this letter the Assistant Postmaster General replied on June 30, 154: F °. ¥our statements of understanding have been noted cand L believe if advisable to state the Post Office De partment’s position with respect to the applicability of the new rates on some of these points, all of which were discussed in conferences with your representa- tives prior te the adoption of the proposed rates. ~The ew rates will bé applicable on the net Weights of the mails, and cover compensation to the carriers for the return of sacks containmg empty eanipment as well as the transportation of outgoing mails from the post offices to the piers. Tami sure we are in agreement as to the unelerstanding of the industry with respeet to. these three points but your confirmation would be ap- preciated, ; . This position of the Post Office was furnished to plain- » tit whieh by a letter signed by Viee President Sam Bax: wett, dated July 25, 1054, to the defendant stated: In connection with these amendments, we have been furnished with a copy of a letter dated June 30, 1954, . acdddresse di by you to. M Fs I ranes Cireene, Executive * Vieo President, American Merchant Marine Institute (this Company being a member of the Institute) which contains the following paragraph: . © °° The new rates will be applicable on the net weights-of the mails, and cover compensation to the earriers for the refurn of ‘sacks containing empty equipment-as well as the transportation of outgeiny maily.from the post effices to the piers. Tam sure * we are-in agreemeptas to the understanding of the industry HN teafect to these three points but yeur confirmation would be appreciated. age) 13a The * application of the new rates to the ‘net weights’? of the mails will result in a substantial re- duction in mail Compensation to this Company, and on the basis of data submitted) by. représentatives of this © ompary to re ‘presentatives of the De ‘Parinient im - conferences In‘recent months, the composite rates are net fair and reasonal le, Accordingly, vou are hereby advised that on and af ter August 1, 1954, any mails that may be tendered pursuant to the Postal Laws and Regulations to the United Fruit Company for transportation on US, revistered vessels operated by this Company will be accepted and transported on condition that compensa- tion calenlated on the basis of such rates will be ae- cepted by the OMpany as compensation in part, and net as full compensation, for services rendered, and that therefore this Company reserves its right to de- miamd payment of full compe nsation for such services. The Company recognizes its obligation under the law to transport the mails, and we assure the officials of the Department of our sincere desire to continue to “ handle and transport all mails tendered, and in no sense is this letter to bejeonstrued as a refusal to pree vide and perform such servites according to law, and in the manner, under the conditions, and with the services as prescribed by the Postmaster Ge ere 28. The Department's practice of paying for ‘the trans- portatios of the mails on net we ighits i isa long existing ones. _and apparently arose ainder "RS. ©4009 whieh provided that for tratisporting the mail begreei the United States and any foreign port the Postmastyr General mat allow ax compensation, if by a United St; not exeeeding the sea-and Ua und if bv a foreign steams=hip, any sum not exceeding the sea postage, an the mails - “sO transported. This seetion, printed as | 1405, Postal Laws and Regulatjons, 1924, was — followed hy a note reading as follows: , es steamship, any sumi Gd States inland postage; Note. In view of the provisions of the Universal : 6 Postal Union Convention the term ‘*sca postage?” has ——_—— “ , 4a xs no meaning. United States steamships nas nat ex coodineg the whole of the postage coll¢eted on the arti. eles contained in the mals conveved by said Vessels: and foreign vessels are paid any stm net excooding the rate of postage fixed for A single maritime transit. by the Universal Postal Union Convention ino force at such time. The Act of J uly abe 10726, entitled a WT Net to Amend Suie- tien SMI aot the Res ised Statutes,” prov filend that for trans — portation of the mais the Postmaster General may allow « vessel of the Umted Stites COMmpensation not in excess al the amount of postage coileeted on the mail transported on such vessel, and in case of a foreign vessel compensation hot in eXcess of the ~ea ‘transit rates preseribed hy the Universal Postal Union Corivention. The Net of Februars” 141929, entitled An Act to preseribe more definitely the ©. rates for compensation pavable te ~team=hips auf United States revistry for: transportation of, foreiun. mails.’ amended the Act of July 3, 196, (hy) De rite rates. Unless otherwise specially prov iddend,. payment shalk be made for the transportation of United States mails avd foreign closed transit nails on Steines hipes ‘of both United States registry aud foreign registry, atid for the tran-gortation fo the Lonited States of mails whieh. the United States i obligated te convey, as t bis. rates of SS cent= a pound for mail- consisting of betters fined post card= and 11 cents a pound for mails consisting of Othfer articles, including pareel post, for distances up to and inedueding oO) nantiesl miles; 25.7 cont. a pound for miail~ consisting of. letters and post cardsatned Li een + a pound fer nails con sisting of-other articles, including porcel post, for distanees from SOO up tocaned inclading TOOOaautieal miles, and doc. cents a pound for nails consisting of letters and post cards and 4.7 eents a pound for mails consisting of other articles, including parcel post, tor distances exceeding 1,000 nautical Z miles. | a. | BN (c) Exceptions to above rates. As an exception to the rates specified in paragraph (b) of this section, payment for mails which the United States is obligated to convey shall be made at the rates specified in the schedule stated below in the following services : (1) (mward from. the Canal’ Zone’ covering mails dis- patched from Canal Zone ports to uny ports, except those in continental U hited States; (2) From ‘any port in thy countries signatory 7 the _ conventions of the Postal Union of the Americas and Spain | (except continental United States, Canada and Spain, and »Havana, Cuba,/for mails forwar'ed from continental Vnited States for transshipment) to any other port (except ports in continental United Statés, Canada and Spain, and “Havana, Cnba, for mails destined to the United States) ; also frony ports in-countries not signatory to the conven- tions of the Postal Union of the Americas and Spain, to any other port (except ports in-continental United States, (‘anada and Spain, and Havana, Cuba, for mails destined to the United States), covering regular mails ie sania in signatory countries. : : Other articles, including par. - cl . where con- .. Letters and vevance is post cards f obligated ° a ‘ents per pound ‘ents per pound Up to 300 nautical miles ....... 6.7 - .° 150 From 300 to 154000 nautical miles 11s 200 Over’ 1,500 nautical milea ~ 20.0 3.00 Note: Effective August 1, 1954, Sections 120.7(b) and (c) were amended, as follows (F.R. Doe. DAL; Filed Jyly 1, 1954) : See. 120.7(b), Definite rates. Unless otherwise specially provided, payment shall be made for the transportation of United States mails and foreign closed transit mails on oO ae ee oh Ya ° ’ steamships of nited States registry and foreign registry at the rates specified in thiv ‘se edule indicated below: « All minil«, including . pares] post, on United State ate atishipes of for mails, inelud - eign registry; and , ing parcel post, foreign claed tran x on steamships sit ynails, inelud of United ing parcel post, on States regis Aeninshipa of try (cents per United States reg Distance cottveyed (nautical pound. net istry, (cents per * miles _Seights) pound —net weights) -—— - -———- 46 _- + 4 Vp 'te 300 miles. - , 3.1 18 Over 300 up to. 600 miles 41 2.5 Over OOO up to 1,000 miles $1 » 31 Over 1,000 up to 1.500 mile Ba *.°*26 ’ Note: Section 120.7(b) was tate. redesignated as 39 sb F. R. 95.4(b). See. 125.2 Mails carried hy forciqn ressele— (a) Must be deposit din post office. Ail letters or other ' omailable matter convey ed to or.from any part of the United 7 \ VY States by any foreign vessel, . .. shall be delivered into the United States pbst office by the master ‘or other: person having charge on control of such vessel when arriving, and be taken from the United States post office when departing, .,.- and for refusing or failing to do so, ... the party offefidinig shal! he fined not. more than one thousand dollars. (18 U.S.C, 1724, first paragraph) (Note: The foregoing Over 1.500 up to 2,000 miles 47 40 Over 2,000 up te 2,500 miles , 47 44 Over 2.500 up to 3.000 milos 47 47 Over 3.000 up to 3.500 miles 50 50 Over 3.000 up te 4.000 miles ae , a Over. 4.000 up to 5,000 miles 56 “*® 5.6 Over 5.000 up to 6.000 miles 61 61 Over 6.000 up to 7,000 miles 6.5 Se 6.5 Over 7.000 up to S000 miles - 9° 68S iis ‘Over 5,000 miles ~ ae” 7.1 71 . . - . ° . 7 -* _*° 60a a4 aa {provision Was repealed by the Act. of September 25, Poot; 65 Stat’ 336). am ae . ee e ° oe ‘ o * a _ # See. 125.3 Duty of vessels to carty nail tendered. Ex- eopt as otherwise provided: by treaty. or convention the Postmaster General may require the transportation by any steanehips of mail, between the United States atic, any. foreive port at the compensation fixed under authority of law. Upon refusal by the master or the commander of such steamship or vessel to accept, the mail, when tendered by the Postmaster General or his representative, the collector or other officer of the port empowered to grans clearanee, on notice of the refusal aforesaid, shall, withheld clearance until the colleetor or other offieet of the port is informed by _ the Postmaster. General or his representative that the — master or commander of the steamship or vessel has ac-, cepted the mail or that eonveyance by his steamship or vessel is-no longér required by the “Postmaster tieneral. (Act of February 6, 1929; 1s U.S.C. 1724, second para- graph.) He POE ee See. 125.%a Transportatt™ and protection of mails be- tween post office apd ships (as amended effective August 1, 1954). com : ; (a) Steamship companies shall be, responsible. for ther transportation and: protection ‘of all outgoing mails, in- \ cluding parcel post and sacks containing empty sacks, from the post office tor the transporting vessel. (b) All ineoming mails, including letter, mails, parcel ’ post and sacks containing empty sacks, are to be placed on the piers and delivered. into the eustody of agents of the postal service by the Seamship companies for truckfhg to the post office; Provided that mails shall be so placed and delivered before making entry or breaking bulk and. such : handling shall be regarded as compliance with paragraph « eee :; Ha | (a) of this seetion.” Mails, ineluding letter mails, pareél post and sacks containing empty sacks, waybilled to ports ‘ other than the first port of call of vessel in the U nited States shall be discharged at the first port of call if the vessel is scheauled to remaiy® at said first port of call for more than 24 hours. =~ . . , de) Each vehicle used to transport mails between post, Offices and yessels, except the completety closes van type, the mail compartment of w hich must % locked or sealed, eshall be provided with ana to ride on the rear amd protect the mail, When a rack type truck is used the sacks shall he covered by a tarpaulin. ets re on («h) Them Jregistered (red label) sacks shall lhe spree ‘ally protect: .! ‘during Aransfer’md on hoard vessels, The red label sacks shall be separately telivered to the steqgiship company’s representative at the port. officg in the case of _outgging mailx and the incoming r@7 dabel sacks ‘shall be segregated on the piers by the steamship companies, re » done ’ Fines On CATTICTS transporting mails hi youd bvinde rs ‘of Unite d Sfates— ' (it) The Postmaste General nay " impoxe or remit fines on contractors or carrie rs transportipg the mails by air or water on soutes ‘extending be yond the borders * of the United States for any Jureasopable or Unnece ssary delay: to such inails and for.other de Jingnencies in the trapspor + “tation of the mails. (46 Stat. 1049; 39 0 BA". G40), (by Steamship companies shall be- answerghle to the, United States for the. safety of the mail intrusted to them, - and accountable for any, loss or damage resulting to any of evch mail by reasonof failure on the part of any of their officers, agents of employees to exercise dye care in the “ehstody, handling or transportation thereof. In ease of ’ delinquencies, fines may be imposed. or -deduétions mady from the company's pay. . Parterent (a) of See ‘tion ce 4 is the Nei 4 of. July 4. 1942 —_ (66 Stat. 325) amending Is FSC 1699. ine a 8 : a a . ~* ‘ ¢ ; . Ola Provisions of the Universal Postal Union Conventions Articles of the Universal Postal Anion Conventions of af Paris 1047 (State Departine nt Treaties Series PSo0) and Brussels 152 (State Departme ut ‘Freaties Series 2800) relevant to limit of compensation in case of a foreign flag - vessel pursuant. to the Act of February 14, 1929; 89° TLS.C. Godia), and provisions pertine nt to the decision of the Court of Claiths. -, ‘Paris 1947 | RTICLE. 67 a ~, Tiawsit CLARGES 1. Articles of correspondence! exe shanged in closed mails hetween two Administrations,’ by mgans of ‘the services of one or mere other Administrations (third serviees), are liable, for the benefit of each of the countries traversed or whose services partic ipate in the conveyance, to-the transit charges indieated in the following table: ls eo f/f . Per kilogram ' ae tween these Administrations and the International Bureau, between prost offices of the Vater, and befween those offices and the Admin- istrations, as well as that for whieh the franking privilege is ex- press y provided ; mil articles exeept Cop addreswad ota’ ” prisoners of war, the same is true of correspondence esneerning prisoners of war, as: provided fer in Article 79 of International ae Convention Prisoners of War, Geneva 1429 > debtor Administration. ' : 5. In order to take aeceount of the weight of the sacks and packing, as well as of the classes of correspondence | - & 7 * * ilk * baa exempt from all transit é chinkecs ‘sw accordance with the pro | Vistons of Article 6S of the CAnvention, the. total amount: of thesaccount for closed mi ils i is reduced by 1 percent, Brussels'1952 or ae Note: Provisions corre sponding te the foregolng provi- _ sbons.of Articles 155, lod and Tl of the Paris Convention are contained im Articles 171, 172-and 179 of the Brusse Is 12 Convention with. niediienations brousht itbeut by the elimination in the: Brussels Convention of the dis ~tinetion between Letters and Other Articles-in the territeriak and niaritime transit rates in Artiele-7S and in the statistics for settlement of accounts Det waren Postal Acdiiinistrations, -« ’ ‘ - | ie oe <_ --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385601_0130%3A2. Public record. Not legal advice.