LIABILITY OF CARRIERS. See also TRANSPORTATION (Duty of Carrier).
Carriers were not liable for failure to serve complainant's plant when the primary
cause was a labor dispute in which they were not involved and which only com-
plainant had power to settle. Montgomery Ward & Co., Inc., v. Consolidated
Freightways, Inc., 225 (230, 234).
LOADING. See COMPENSATORY RATES; DELAY; MINIMUM WEIGHTS; QUAN-
TITY RATES.
LONG AND SHORT HAUL. See INTERMEDIATE RULE; PRESUMPTIONS.
MANAGERIAL DISCRETION. See MINIMUM RATES; QUANTITY RATES;
RELATION OF RATES (Commodities).
MAXIMUM RATES. COMMODITIES: Maximum reasonable rates were pre-
scribed on the following commodity: Macaroni products, 1. t. 1.: 704 (708).
MINIMUM CHARGES. See INCREASED RATES (General Increases); LESS
THAN TRUCKLOAD; REASONABLENESS (Unreasonably Low Rates).
MINIMUM RATES. See also CONTRACT CARRIERS (Minimum Rates, etc.);
MINIMUM WEIGHTS (Factor in Rates); RATE COMPARISONS (Rail with Motor).
IN GENERAL: That basis of class rates from Lancaster, Pa., to the West was
lower than from other points served by same carrier did not prove it lower than
reasonable minimum. Carriers may exercise managerial discretion in establishing
rates so long as they do not violate the act. Eastern-Central Motor Carriers
Assn. v. Shirks Motor Exp. Corp., 425 (438).
When motor rates are assailed as lower than reasonable minimum, predominant
consideration is whether they are reasonably compensatory. Boots and Shoes
from Boston, Hartford, and New York, 90 (93); Minimum Weight on Trisodium
Phosphate, 407 (410).
PRESCRIPTION: In the following cases, existing rates were found unreasonably
low, and reasonable minimum rates prescribed: Alcoholic Liquors and Wines in
Official Territory, 241 (250); Sugar from Colo. to Kans. and Mo., 161 (168);
Wool to Twin Cities from Minn. Points, 107 (117).
MINIMUM WEIGHTS. See also PREFERENCE AND PREJUDICE; QUANTITY
RATES; SCHEDULES (Nonauthorized Service).
COMMERCIAL CONSIDERATIONS: When a compensatory rate on 10,000-pound
loads of sugar would be too high to permit respondent contract carriers to obtain
any of the traffic, rate on that minimum, higher than rate prescribed for 20,000
pounds and yielding compensatory earnings on two such shipments, which were
generally transported in one vehicle, was approved in view of commercial neces-
sities of consignees. Middle Atlantic States M. C. Conference, Inc., v. Gallagher,
373 (381).
COMMODITIES: Minimum wei~hts were prescribed or approved on the following
commodities: All commodities. 38 (371, 372); Sugar: 373 (381); Tobacco
products: 1; Wool, mineral: 689.
FACTOR IN RATES: Rates on tobacco products, found unreasonable on volume
minimum of 36,000 pounds, would be reasonable on normal t. 1. minimum of
20,000 pounds when earnings appeared compensatory. Cigarettes and Tobacco,
N. C. and Philadelphia, 1 (3).
Proposed contract-carrier rates on paper, minimum 12,000 pounds, were un-
reasonably low when 18,000 pounds could be loaded in carrier's trucks. Paper,
Rittman, Ohio, Buffalo, and Pittsburgh, 31.
When earnings under column 44 rates on prescribed minimum of 23,000 pounds
on alcoholic liquors would be too low, column 50 basis maintained by some carriers
on 20,000-pound shipments was prescribed as minimum. Alcoholic Liquors and
Wines in Official Territory, 241 (250).
Proposed rate on gas and returned cylinders, minimum 8,000 pounds, based
on average weight of shipments, found unreasonably low. As average loads
could be increased to 10,000 pounds, or capacity of trucks used, rates on that
minimum 125 percent of t. 1. rates prescribed for 23,000-pound minimum in same
territory would be reasonably related to t. 1. and 1. t. 1. rates of other carriers.
Gas, Cylinders, North Bergen, N. J., and Newburgh, N. Y., 447 (450).
Minimum of 1,000 pounds was unduly low for t. 1. column rates on approxi-
mately 275 articles and class rates on nearly all articles rated from first to fourth
class. Intermountain-Coast Motor Frt. Tariff Bur. . Sims, 589 (594).
Truckload minimum weight is a factor in the t. 1. rate and should be used in
computing t. 1. earnings, rather than a speculative load exceeding the minimum.
Rate on iron and steel articles, minimum 20,000 pounds, which on estimated av-
erage loads of 25,000 pounds would yield truck-mile earnings exceeding average
costs for all traffic, was not compensatory when on the proposed minimum it
would yield less than average costs. Iron and Steel by Roadway Transit Co.,
Mich. to Ill., 747 (751-752).
LESS THAN TRUCKLOADS: When little necessity appeared for rail-competitive
rates on wool from Minn. and the Dakotas to Twin Cities on 1. t. 1. quantities
less than 3,000 pounds, that minimum was prescribed in connection with rates
approved for proportional application, and higher basis prescribed for lesser
quantities. Wool to Twin Cities from Minn. Points, 107 (116).
LOADING RESTRICTIONS: See also ECONOMY. Minimum of 23,000 pounds was
prescribed when that was maximum which could be transported in a single truck
under Pennsylvania laws, notwithstanding greater capacity of respondents' trucks.
Alcoholic Liquors and Wines in Official Territory, 241 (250).
When proposed minimum weight exceeded load limits of States traversed, but
proposed rate would yield compensatory earnings on 24,000 pounds, maximum
load which could be transported through all three States, rate was approved for
that minimum. Minimum Weight on Trisodium Phosphate, 407.
TRUCK CAPACITY: Although minimum of 24,000 pounds would yield a profit
if 18,000 pounds and 6,000 pounds were transported in separate vehicles, it was
unreasonable on wool shipped in sacks, when low density precluded loading 18,000
pounds in respondent's trucks. Assuming a density of 7 pounds a cubic foot,
reasonable minimum based on truck capacity would be 12,000 pounds. Wool to
Twin Cities from Minn. Points, 107 (113).
Joint motor-water rates were approved for minima not to exceed loading
capacity of equipment customarily used by the participating motor carrier.
Water-Motor Rates Between New Orleans and Houston, 171 (180).
Although lack of evidence concerning volume of movement, density, or other
transportation characteristics of considered c odities, as well as carrying
capacities of customary equipment, precluded prescription of reasonable t. 1.
minima, truck-mile earnings on basis of 20,000 pounds indicated that rates found
unlawful for volume minima would not be unduly low for minima based on truck
capacity. Peanuts and Other Commodities in West and Southwest, 506 (509,
510).
Proposed t. 1. minima of 10,000 pounds on mineral wool in batts, and 18,000
pounds when loose in bags, found reasonable when there was some evidence that
those quantities could be loaded in respondent's vehicles. Mineral Wool, South
Plainfield, N. J., to Conn., Mass., and R. I., 689 (693).
Volume minima exceeding truckload capacity are unlawful without proof that
such quantities can be transported in more than one unit of equipment at a lower
cost per 100 pounds than single-truckload shipments. Cigarettes and Tobacco,
42 M. C. C.
N. C. and Philadelphia, 1 (3); Cotton Piece Goods, N. C. and S. C. to Chicago, Ill.,
542 (545); Oleomargarine and Canned Goods to or from Cincinnati, 302 (305);
Peanuts and Other Commodities in West and Southwest, 506 (509);
-When State restrictions and capacity of carriers' vehicles precluded loading
to minimum of 36,000 pounds, a minimum based on normal truckloads was pre-
scribed. Cigarettes and Tobacco, N. C. and Philadephia, 1 (3);
-Minimum of 60,000 pounds, which would require three vehicles, was un-
reasonable. Minimum of 24,000 pounds, maximum capacity of respondent's
trucks and quantity generally transported in a single unit, approved. Sugar from
Colo. to Kans. and Mo., 161;
-Rates on minimum of 100,000 pounds, which far exceeded capacity of a single
truck, were unlawful. Minimum Weight on Trisodium Phosphate, 407 (408).
MOOT CASES. See also COMPLAINTS. Although reasonableness of suspended
contract-carrier rating on oleomargarine would ordinarily be moot, because rate
named in same schedule had been canceled without provision for application of
others, determination was made, as the situation appeared to have been created
inadvertently. Oleomargarine and Canned Goods to or from Cincinnati, 302
(303).
MUNICIPALITIES. See also TERMINAL AREAS. Routes within municipalities
need not be specified unless they constitute the essence of the operation. While
designation of specific routes in N. J. metropolitan area for mass transportation
to and from New York City was proper, no description was necessary for service
between Philadelphia and adjacent N. J. territory. Public Service Interstate
Transp. Co. Com. Car. Applic., 277 (281).
NATIONAL LABOR RELATIONS ACT. See EMPLOYEES OF CARRIERS.
NATIONAL TRANSPORTATION POLICY. See INCREASED RATES (Justi-
fication); INVESTIGATION AND SUSPENSION (Burden of Proof).
NOTICE. See also IsSUES.
HEARING: Protestant intervener was not prejudiced by failure to receive notice
of hearing on applications when notice had been sent Commission's district
directors for posting, to State commissions, and to various organizations of motor
carriers, and no new evidence was proposed. Van Sant Com. Car. Applic., 495
(503-504).
OFFICE OF PRICE ADMINISTRATION. See PRICES.
OFF-ROUTE POINTS. See also ROUTES (Alternate). Service to points not
on regular routes was off-route rather than irregular-route service, when shipments
moved over regular routes to most convenient point of diversion. Akron-
Chicago Transp. Co., Inc., Com. Car. Applic., 559 (571).
OPERATING RATIOS. See FAIR RETURN; INCREASED RATES (General
Increases); PROFIT.
OPERATING RIGHTS. See also COMMON CONTROL, ETC.; CONVENIENCE
AND NECESSITY; LEASE; SAVING CLAUSES.
DUPLICATE: Applicants who had been performing service under agreement
with interurban railway were denied "grandfather" authority when certificate
for the same operation had been granted the railway without their opposition.
Lynch Transfer & Stor. Co. Com. Car. Applic., 411 (416).
SPLIT: Predecessor's special attention and use of particular equipment for
traffic of one shipper from Rome, Ga., via Atlanta, did not create an operating
right distinct from his general-commodity operation between those points when
services were not essentially different, and after sale of the route through Atlants
to another carrier he no longer had any rights between those points for sale to
applicant. Maner Com. Car. Applic., 778 (782).
STATE: When only State authority is necessary for operation, the basic relation
of parties with conflicting claims to the same route is not changed by the fact that
passengers or property are transported in interstate as well as intrastate commerce,
or by subsequent enactment of Federal regulatory statutes. Reynolds Transp.
Co. Com. Car. Applic., 297 (301).
OPERATION. See also COMMODITIES; CONVENIENCE AND NECESSITY; Equip-
MENT; ROUTES; SAVING CLAUSES; TRANSPORTATION; and particular kinds of
service or carriers.
ABANDONMENT:
When predecessor's north-bound service was used chiefly by
furniture manufacturers and applicant's by textile manufacturers, applicant had
in effect abandoned that predecessor's operation; but his transportation of textile
products was a continuance of operations of another predecessor, even though
he had abandoned transportation of all other commodities carried by the latter.
Central Motor Lines, Inc., Com. Car. Applic., 617 (627).
SCOPE: If a restriction of operating authority is valid and necessary, that it
limits future availability of particular carriers to a large shipper is beside the
point, as every limitation on a carrier's authority limits his availability to some
shipper. McAteer Contr. Car. Applic., 35 (45).
UNAUTHORIZED: Performance of service under a reasonable color of right, such
as a pending "grandfather" claim, is not unlawful. Van Sant Com. Car. Applic.,
495 (500, 503); United Van Lines, Inc., Extension, 451 (460).
ORDERS. See TIME.
ORIGIN TERRITORY. See PASSENGERS (Chartered or Special, etc.).
PACKING. When packing of complainant's couches was not described, joint
board's finding that they were in containers and subject to any-quantity excep-
tions rating on couches in boxes or crates, higher than 1. t. 1. classification rating
without packing requirements, was sustained. However, such action would not
be conclusive on a different fact situation. Southern Spring Bed Co. v. Bassett
Furniture Truck. Co., Inc., 99 (101);
--But application of the higher rate, because shipments met packing require-
ments of the exceptions rating, had the anomalous result of penalizing shipper for
careful packing. Applicable rating and rate found unreasonable to extent they
exceeded the 1. t. 1. basis. Id. (102).
PARTIES. See also BURDEN OF PROOF; COMPLAINTS; HEARING; INTERVEN-
TIONS; OPERATING RIGHTS (State).
COMPLAINANTS: Proviso of sec. 216 (d) does not bar a carrier association from
complaining of discrimination or prejudice in rates, as paragraph (e) authorizes any
"person" to complain of violations of that section or sec. 217, and definition of
"person" includes associations. Eastern-Central Motor Carriers Assn. v. Shirks
Motor Exp. Corp., 425 (426).
PROTESTANTS: Since Commission's powers of investigation and suspension are
independent of protest, "interested parties," as used in sec. 218 (c), must be liber-
ally construed. Bureau publishing tariffs for member motor-carrier associations
was entitled in its own behalf to file complaint against proposed reduction of
contract-carrier rates, although it had no pecuniary interest in its members or in
rates published. Paper, Rittman, Ohio, Buffalo, and Pittsburgh, 31 (32).
SUBSTITUTION: Applicant railroad had been denied authority for route paral-
leling that of subsidiary motor carrier, because latter's application indicated that
it would perform all the auxiliary service. As the subsidiary had established its
fitness and ability to operate between the same points, its substitution as applicant
for extension authority over the route sought was permitted, to obviate further
hearing. Kansas City S. Ry. Co. Extension, 74.
PASSENGERS. IN GENERAL: Commuter and long-haul passenger services are
essentially different, and carrier seeking "grandfather" rights for local service on
a segment of its long-haul route must make a specific showing of bona fide oper-
ation. Eastern Trails, Inc., Com. Car. Applic., 21 (27).
CHARTERED OR SPECIAL OPERATION OR PARTIES: Occasional winter trips initi-
ated by the carrier, for which individual tickets were sold, were special operations
within sec. 207 (a). Joint board's finding that they were charter service, reversed.
Public Service Interstate Transp. Co. Com. Car. Applic., 277 (279).
Limitation on origin territory from which charter service may be conducted is
designed to prevent one carrier from encroaching on another's territory, and is in
public interest if sufficiently flexible to allow service from all places. As relation
of origin territory to regular routes by arbitrary mileage is impractical, each case
must be considered on its merits. Id. (285).
Rule V of charter-service regulations equalizes competition by requiring charges
for deadhead mileage, providing an economic factor which tends to keep carriers
within their own territory. Id. (286).
COMMON CARRIAGE: See also CONVENIENCE AND NECESSITY (Certificates).
Denial: Reynolds Transp. Co. Com. Car. Applic., 297 (301).
Grant: Reynolds Transp. Co. Com. Car. Applic., 297.
Partial Grant: Eastern Trails, Inc., Com. Car. Applic., 21; Public Service
Interstate Transp. Co. Com. Car. Applic., 277.
MASS TRANSPORTATION: See INTERMEDIATE POINTS; MUNICIPALITIES.
PENALTIES.
PERCENTAGE RATES. See MINIMUM WEIGHTS (Factor in Rates).
PERMITS. See CONTRACT CARRIERS.
PICK-UP AND DELIVERY. See STRIKES; TERMINAL AREAS; WATER AND
MOTOR.
POLICING. Whether operation limited to merchandise, supplies, and equipment
of grocery and food business houses would be difficult to police was immaterial in
determining the type of carrier service to be authorized. McAteer Contr. Car.
Applic., 35 (47).
PRACTICES. See COMPETITION (Destructive or Unfair).
PREFERENCE AND PREJUDICE. See also PARTIES.
DIFFERENCE IN RATES: Mere difference in rates does not constitute undue
prejudice. Eastern-Central Motors Carriers Assn. v. Shirks Motor Exp. Corp.,
425 (438).
TRAFFIC OF OTHER CARRIERS: Prohibition of sec. 216 (d) against prejudice or
discrimination does not apply to traffic of any other carriers, and motor rates the
same as or lower than rail rates, but on t. 1. minimum lower than the c. 1. minimum,
would not be unlawful. Cigarettes and Tobacco, N. C. and Philadelphia, 1 (3).
PRESUMPTIONS. See also CLASSIFICATION (PROPERTY (Parts)); EQUIPMENT
(Lease); WEIGHTS AND WEIGHING.
REASONABLENESS: Maintenance of commodity rates on metallic furniture
from Atlanta to more-distant points in N. C. and Va., lower than class rate appli-
cable on bed springs to Asheville, raised an unrebutted presumption that latter
rate was unreasonable. Southern Spring Bed Co. v. Bassett Furniture Truck.
Co., Inc., 99 (102).
PRICES. Increased rates on bicycles would not require revision of O. P. A. price
ceilings or subject jobbers to a price squeeze, when ceiling took transportation
costs into consideration and was set high enough to allow jobbers some profit.
Bicycles from Westfield, Mass., to New England and East, 442 (444).
Reasonableness of proposed, not present, rates is placed in issue when lawful-
ness of increased rates on price-controlled commodities is questioned. Id. (445).
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