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Wisconsin from—Monroe, Mich. Fiberboard boxes, fiberboard, and related articles, 217 (225).
Toledo, Ohio, and Butler, Pa. Glass, 217 (221).
From and to Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri, New
York, Ohio, Pennsylvania, and West Virginia. Slag and cinders, 385.
Illinois Indiana line, territory east of. Brazil, cashew, and pecan nuts,
173 (175). To Chicago, Ill. Canned or preserved foodstuffs, 571 (581). Wisconsin Rapids, Wis., from Argo, Chicago, Chicago Heights, and Joliet, Illi.,
and East Chicago, Ind. Crude casein, 571 (577); scrap or waste paper, 173
(176). Woburn, Mass., from Lebanon, N. H. Leather, 537 (548). From and to-Boston, Mass. Initial commodity rates, 228.
Connecticut, Massachusetts, New Hampshire, Rhode Island, and Ver
mont. Fertilizer, 228.
Woodstock, Vt., from Boston, Mass. Sugar, 537 (560).
Woonsocket, R. I., from Maine. Fish, 537 (546).
Worcester, Mass., from-Berlin, N. H. Empty containers, 537 (550).
Harrisburg, Pa. Steel cylinders and couplings, 251.
Troy, N. H. Linings, 537 (549).
From and to New York, N. Y., metropolitan area. Groceries and grocery-
store supplies, 537 (547).
To Berlin, N. H. Malt liquors, 537 (549). Worland, Wyo., vicinity of, to Billings, Mont., and vicinity. Petroleum and
petroleum products, 473. Woronoco, Mass., to New York, N. Y., metropolitan area. Paper and paper
articles, 537 (552). Youngstown, Ohio, from Harrisburg, Pa. Steel cylinders and couplings, 251. Zanesville, Ohio, to Chicago, Ill. Pottery, 571 (594).
28 M. C. C.
(Numbers in parentheses following citations indicate pages on which subjects are considered)
Operation: See OPERATION (ABANDONMENT); SAVING CLAUSES (INTERRUP
TION OF SERVICE).
Routes: See SAVING CLAUSES (INTERRUPTION OF SERVICE).
ABSORPTION OF CHARGES. See ADVANTAGES (LOCATION).
ACQUISITION OF CONTROL. See CONSOLIDATION AND CONTROL.
ACQUISITION OF OPERATING RIGHTS. See TRANSFER (OPERATING
ADEQUACY OF SERVICE. See SERVICE (ADEQUATE TRANSPORTATION).
ADJACENT FOREIGN COUNTRY.
Canada: See TRANSPORTATION SUBJECT TO THE Act under this heading.
Transportation Subject to the Act: If, as contended by protestants, the
Commission had no jurisdiction to make findings with respect to the continuity
of operation from Windsor, Ontario, Canada, to Detroit, Mich., by reason of the
foreign situs, by the same token it has no right to consider the fact of any operation
beyond the United States border, or the existence of any arrangement between
applicant and other carriers as to the subsequent movement. Thus, the Com-
mission would be jurisdictionally ignorant of, and incapable of being enlightened
in respect, of the fact that applicant's own operations actually extend beyond the
limits of Detroit itself; and in no case could it consider the existence of a common
arrangement, management, or control for a continuous movement beyond Detroit.
Were this line of reasoning carried to its ultimate and logical conclusion, a question
might even arise as to the Commission's power to determine whether a carrier is
engaged in foreign commerce at all. Hinton Common Carrier Application,
Location: The ability of New Jersey finishers to absorb part of the transpor-
tation charges on rayon piece goods, and their natural advantage in being closer
to the New York market did not justify reductions in rates prescribed from
Brunswick and Lewiston, Maine, to Lawrence, Mass. New England Motor
Carrier Rates, 537 (557).
AFFIDAVITS. See EVIDENCE (ADMISSIBILITY) (DOCUMENTS).
AFFILIATED COMPANIES. See RAIL-AND-MOTOR (COORDINATION OF
Carriers': When applicant sought a license as a broker of household goods in a
territory which included that served by her father as a common carrier of household
goods, intending to turn over to him all transportation which he could handle,
license was restricted to exclude the territory served by him. So far as the public
was concerned applicant's proposed operation in that territory would have been as
a representative of her father, and there would have been no competition between
carriers on this business. Gregory Broker Application, 724.
In General: See SAVING CLAUSES (SCOPE OF OPERATION, GENERAL, ETC.).
Operating: See LEASE (OPERATING Rights).
AIRPLANE EMERGENCY SERVICE. See CONVENIENCE AND NECESSITI
(EXTENSION OF OPERATION (IN GENERAL)).
ALL-COMMODITY AND MERCHANDISE RATES.
Proposed commodity rate on all freight, minimum 15,000 pounds, from Albu.
querque, N. Mex., to Los Angeles, Calif., and all directly intermediate points.
including pick-up and delivery, found not unreasonably low nor unlawful for
application when each load was received and delivered as a unit, since truckload
earnings compared favorably with those under other rates between the same points
All Freight Between Los Angeles and Albuquerque, 161 (167).
Proposed initial all-commodity rates between Boston, Mass., on the one hand,
and Woburn and Winchester, Mass., on the other, would be unreasonably low
and were not justified. M. H. Winn Trucking Co., Commodities in New England,
Proposed rail-competitive ratings of column 75, minimum 10,000 pounds,
column 60, minimum 16,000 pounds, and column 46, minimum 20,000 pounds,
on all commodities, with certain exceptions, between points in Illinois Freight
Association territory, subject to a rule that where the specified minimum weight
could not be loaded in a vehicle charges would be based on the minimum weight
and applicable rate producing the lowest charges, such ratings to alternate with
those provided in the national classification, found justified when they would not
be below a reasonable minimum level. Central Territory Motor Carrier Rates,
Proposed commodity rates on all freight, with exceptions, from Chicago, IIL,
and St. Louis, Mo., to El Paso, Tex., found to be unreasonably low and in violation
of the classification provisions of sec. 216 (b), as they would apply on high-grade
traffic, and a major proportion of most shipments would consist of commodities
rated higher than third class, while certain commodities had been excluded
without explanation Rates which might be held reasonably compensatory on
low-grade traffic may well be found not reasonably compensatory on high-grade
traffic. All Freight from Chicago and St. Louis to El Paso, Tex., 727 (730).
ALL-EXPENSE TOURS. See PASSENGERS (CHARTERED OR SPECIAL OPERA-
ALL-FREIGHT RATES. See All-COMMODITY AND MERCHANDISE RATES.
ALTERNATIVE RATES. See also PROPORTIONAL RATES; WEIGHTS AND
WEIGHING (Basis FOR COMPUTING CHARGES).
Proposed rating on sole leather, belting leather, curried leather, etc., between
points between which the class rates are subject to east ratings, which would result
in increases on certain articles in less than truckloads and amounts of 10,000
pounds, to alternate with the prescribed rating in amounts of 16,000 pounds, was
found reasonable. Central Territory Motor Carrier Rates, 217 (223-224).
Proposed rate on confectionery, minimum 7,000 pounds, between Kansas City
and St. Joseph, Mo., and between Wichita, Kans., and certain Colorado points,
which would alternate with a lower rate and higher minimum published in agency
tariff in which respondents participated, found justified to permlt carriers to
transport lighter shipments of candy with other traffic during the warm weather
and to meet mixed-carload rail rates. Confectionery Between Colorado and
Kansas-Missouri, 248 (249).
Proposed reduced minimum rate on petroleum products, in tank trucks, be-
tween Bolivar, N. Y., and Farmers Valley, Pa., of 25 cents, minimum 50,000
gallons, to alternate with existing minimum rate and weight, found not justified
without prejudice to establishment of the proposed rate subject to a minimum of
4,000 gallons. Petroleum Products, Bolivar, N. Y., to Farmers Valley, Pa., 527.
ALTERNATIVE ROUTES. See ROUTES (ALTERNATIVE).
AMBIGUITY. See SCHEDULES (DEFINITENESS REQUIRED).
AMENDMENT TO APPLICATION. See SAVING CLAUSES (APPLICATIONS,
ANALOGY. See PACKING.
Rates: Any-quantity or less-than-truckload commodity rates should be main-
tained only when there are compelling reasons. Maintenance of similar rates by
competitors has sometimes been recognized as warranting such rates. Berries,
Burlington County, N. J., to Philadelphia, 156 (159).
Proposed any-quantity proportional rate on mixed shipments of articles classi-
fied as sheet-steel ware from Canandaigua and Geneva, N. Y., to Buffalo, N. Y.,
found not justified to meet contract-carrier competition when the compelling force
of such competition was doubtful, and the proposed rate was unreasonably low
in comparison with local class rates on the individual commodities and would
unduly prejudice competing shippers at Rochester, N. Y. Sheet Steel Ware,
Canandaigua, Geneva, N. Y., to Buffalo, 169.
The normal basis for any-quantity shipments is the classification basis rather
than a lower commodity basis. Id. (171).
Any-quantity minimum rates are generally established only when it is not known
whether commodities will be tendered for shipment in sufficient quantities to jus-
tify truckload rates. Petroleum and Products, Points in Wyoming to Billings,
Proposed any-quantity minimum rate per barrel on petroelum and petroleum
products from points within 20 miles of Worland and Lucerne, Wyo., to Billings,
Mont., and points within 1 mile thereof, found not justified when rate would be
unreasonably low and noncompensatory if small quantities were transported,
even if capacity return loads were obtained. Suspended schedules ordered can-
celed without prejudice to filing new schedules naming a rate of not less than 35
cents, subject to minimum of 2,500 gallons. Id. (475-476).
Any-quantity rates approximating 55 percent of first class on clean and soiled
laundry between Terre Haute, Ind., and various central-territory points, proposed
for accommodation of a chain grocery company, found justified as to cotton towels,
jackets, and aprons, when ton-mile earnings of 3.2 to 5.2 cents appeared reason-
ably compensatory, but found not justified for other kinds of laundry when such
rates were not shown to be reasonable minima for wearing apparel generally.
Central Territory Motor Carrier Rates, 571 (588).
Parties, Proper. See PARTIES (APPLICANTS).
Qualifications. See COMMON CARRIERS.
In General: See also CONVENIENCE AND NECESSITY (CERTIFICATES); OPERA-
TION (WITHOUT AUTHORITY).
Although application contained a request for a permit only, a statement at-
tached indicated that it was filed for the purpose of determining the status of
applicant's operation under the act, and authority sought was found appropriate
for continuance of such operations. Blinn, Morrill Co. Contract Carrier Applica-
tion, 299 (303).
Filing: See also SAVING CLAUSES (APPLICATIONS, AMENDMENT).
Under the Commission's rules of practice no provision was made for accepting
supplemental arguments or exceptions received after the due date for the filing
thereof. Formal petition seeking authority to file & supplemental argument and
urging that reasoning followed in another unrelated proceeding be adopted in
ng on extension application, on the ground that decision sought to be