propelled vessel, in interstate or foreign commerce, in the performance of one round trip in the transportation of passengers from Providence, R. I., to New York, N. Y., on September 18, 1954, and return on September 19, 1954.

Pursuant to the written request of applicant dated September 9, the Commission issued a subsequent order dated September 17, 1954 cancelling the grant of temporary authority to perform the service specified by its order of August 30.

I. C. C. Docket No. W-1078

Remsen Lines, Inc. Temporary Authority Application

On September 7, 1954, Division 4 of the Interstate Commerce Commission denied the above carrier's request for temporary authority to operate self-propelled vessels in the transportation of commercial automotive vehicles between Orient, L. I., N. Y. and New London, Conn. Division 4 stated that applicant has not shown that there is an immeddiate and urgent need for service which cannot be met by existing carriers.

I. C. C. Docket No. W-754 (Sub No. 3)

Marine Transport Lines, Inc.-Temporary Authority

The above application has been filed under section 311 (a) of the Interstate Commerce Act, as amended, for authority, as a contract carrier by water, in the transportation of approximately 11,500 tons of 50 percent caustic soda solution; 600 tons of latex, glycols and other chemicals (except sulphur) in drums; and approximately 300 tons of magnesium alloy, from Freeport, Texas, to Los Angeles, California, beginning on or about October 5, 1954.

Norfolk Wharfage Litigation Renewed

On September 21, 1954 the government filed a new complaint in the U. S. District Court for the District of Columbia seeking to set aside the order of the Interstate Commerce Commission reaffirming its prior holding in the Norfolk Wharfage dispute. This action followed as a result of the Commission's further review of the controversy upon remand of its earlier order as result of the decision in United States v. Interstate Commerce Commission, reported at 198 Fed. Supp. 958.

Water Carrier Tariff Regulations

On September 8, 1954 Division 2 of the I.C.C. issued an order in Ex Parte 193 cancelling Tariff Circulars Nos. 1 and 2 containing regu

lations governing the publication, posting and filing of tariffs by water carriers which had been transferred to the jurisdiction of the Commission from the U. S. Maritime Commission.

I. C. C. Docket No. W-381 (Sub No. 4)

Inland Waterways Corporation Extension-Port Cargill

On September 15, Division 4 of the Interstate Commerce Commission issued its report and order wherein it held that public convenience and necessity are found to require extension of operation by applicant as a common carrier by non-self-propelled vessels with the use of separate towing vessels in the transportation of commodities generally, except livestock and perishables, and by towing vessels in the performance of general towage, to include service between ports and points along the Minnesota River below and including Port Cargill, Minn., in connection with and as an extension of its presently authorized operations.

06. Commission Jurisdiction

O. Regulation

Although the Commission has no authority to require the establishment and maintenance of joint international rates, once such rates are established, it has jurisdiction to award reparation against the United States carriers and require them to cease and desist from participating in joint international rates which are unlawful. No. 31363, Sherman Lumber Co. v. Atlantic Coast Line R. Co., I. C. C. Aug. 16, 1954, Div. 2.

Although, under the decision in the Arizona Grocery case, 284 U. S. 370, the Commission cannot award reparation on a finding that a rate which it had prescribed was unreasonably high, that decision does not prevent the Commission from investigating whether rates which it had previously found to be reasonable and lawful in a suspension proceeding, may now be unreasonably low. MC-C-1331, Merchandise-Mixed Truckloads-East, M. C. C. ....., Aug. 30, 1954, Div. 2.

Permit issued, upon condition, where motor-carrier service found necessary to cure shipper's competitive disability in reaching reasonably available common markets. Operation as a contract carrier of cement and mortar, in bags, or in bulk in tank vehicles, from Greencastle Township, Ind., to points in Illinois, Ohio, and Kentucky within 150 miles of Greencastle and to all points in the Chicago, Ill., commercial zone, approved. MC-113833, Schwerman Trucking Co. of Indiana, Inc., Contract Carrier Application, not to be printed, Aug. 13, 1954, Div. 5.

The fact that present transportation facilities are adequate and diversion of traffic will result, should not bar institution of freight forwarder service of a type not presently being offered. Permit issued. FF-233, Joe M. Hambrick Freight Forwarder Application, I. C. C. Aug. 24, 1954, Div. 4.

GRANTED

Operation as common carrier by self-propelled vessel, during the season of navigation on the Great Lakes, of passengers, their automobiles and baggage, between Detroit, Mich., and Cleveland, Ohio, approved. W-1070, Waterways, Inc., Common Carrier Application, not to be printed, Aug. 24, 1954, Div. 4.

Operation as common carrier of abandoned, disabled, wrecked, or repossessed motor vehicles, by the truckaway method, from points in Missouri within 30 miles, and points in Kentucky within 20 miles of Cairo, Ill., to Cairo, over irregular routes, approved. MC-114576, Truck Center, Inc., Common Carrier Application, not to be printed, Sept. 7, 1954, Div. 5.

Operation as contract carrier of such merchandise as is dealt in by wholesale, retail and chain grocery and food business houses and equipment, materials and supplies used therein, for a specified class of shippers, from Minneapolis to six points in Minnesota over irregular routes, approved. MC-113680, Irving Brooks and Leonard Brooks Contract Carrier Application, not to be printed, Sept. 7, 1954, Div. 5.

22. Quality

A restriction to traffic "moving to or from" does not preclude the transportation of shipments which are destined to or originated at points beyond and are moving in interline service. MC-54430, Phillip H. Marcell-Interpretation of Certificate, Aug. 16, 1954, Div. 5.

M. C. C.

Authority to transport "ammunition" does not include authority to transport ingredients, or component parts of ammunition, or incomplete assembled units intended for incorporation or assembly into a unit of ammunition. MC-41432, Sub 42, East Texas Motor Freight Lines—Interpretation of Certificate, M. C. C. Aug. 27, 1954, Div. 5.

General and indefinite statements of special or emergency requirements do not meet the burden imposed on an applicant to show a need for the proposed operations. MC-112796, Sub 1, Elmer G. Brake Extension-Fairmont, W. Va., not to be printed, Aug. 13, 1954, Div. 5.

Although an irregular-route carrier is conducting an unauthorized de facto regular-route service, its application for regular-route authority should not necessarily be denied for that reason, unless the effort to convert has been so unduly delayed as to charge applicant with notice that its past operations have long been unlawful and deprive it of the right to rely upon them as proof of need for their continuance. Operation as a common carrier of general commodities, with exceptions, over a regular route, between Yakima, Wash., and Portland, Oreg., serving the intermediate point of Toppenish, Wash., and the off-route point of Wapato, Wash., approved. MC-252, Sub 4, Forney & Sons, Inc., Extension-Yakima, Washington, not to be printed, Aug. 23, 1954, Div. 5.

Proof of the operations over an alternate route will not support a finding that applicant has a substantial existing operation over feasible and practicable service route such that a grant of a second alternate route would not permit the institution of what would amount to a new service. MC-50034, Sub 20, Courier Express, Inc., Extension-Alternate Route, M. C. C. ....., Sept. 3, 1954, Div. 5.

Although evidence of a present and future need for the services of motor carriers of household goods is difficult to obtain, because of the nonrepetitive character of the traffic of individual shippers, nevertheless, some showing must be made that existing motor carriers cannot or are not adequately serving the public need. MC-94620, Sub 3, Active Vans Moving & Storage Co., Inc., Extension—Five States, not to be printed, Sept. 7, 1954, Div. 5.

Construction of an extension of a line of railroad of 1.069 miles, approved. F. D. 18040, Illinois Central R. Co. Construction, not to be printed, Sept. 15, 1954, Div. 4.

GRANTED

Operation as common carrier, over irregular routes, of specified trailers, in initial movements, by truckaway, from South Bend, Ind., to points in Iowa, New Mexico and Texas, approved. MC-52657, Sub 458, Arco Auto Carriers, Inc., Extension-Additional Points, not to be printed, Aug. 13, 1954, Div. 5.

Operation as common carrier of general commodities, with exceptions, between Dallas and Fort Worth, Tex., over Texas Highway 183, serving no intermediate points, as a connecting route for operating convenience only, approved. MC-35484, Sub 28, Viking Freight Co. Extension-Connecting Route, not to be printed, Aug. 18, 1954, Div. 5.