incorporated did not reach applicant until after the due date for filing exceptions, denied. Commission's decision in extension proceeding was based on the facts presented, and it was not shown why it should make an exception and receive late-filed supplemental arguments. Bos Freight Lines, Inc., Extension-Groceries, 61 (66).

Form: See SAVING CLAUSES (APPLICATIONS, AMENDMENT) and In General under this heading.

Notice: See NOTICE (HEARING).

Sufficiency: In view of its proximity to Cincinnati, Ohio, Covington, Ky., was considered as included in the application for a permit to operate as a contract carrier of certain commodities between Cincinnati and points in various specified States. Dieckbrader Contract Carrier Application, 703 (705). ARBITRARIES. See DifferentialS IN RATES AND ROUTES.

ARGUMENTS, SUPPLEMENTAL, FILING OF. See APPLICATIONS (FILING).
ARRANGEMENTS BETWEEN CARRIERS. See COMMON CONTROL, MAN-
AGEMENT, OR ARRANGEMENT; MUNICIPALITIES.
ASSOCIATION OF CARRIERS.

Voluntary, unincorporated association of bus owners, having complete control over physical operations of its members, paying expenses of members and administrative expenses out of receipts paid by individual members into association, and remitting the remainder to the members proportionately according to extent of service, was an "association," a "person," and a "common carrier by motor vehicle" under sections 203 (a) (1), 203 (a) (14), and 206 (a) of the act, and entitled to file a "grandfather" application to continue passenger-bus operations. Paulmaur Transp. Co., Inc., Common Carrier Application, 395 (397). AUTHORITY GRANTED NOT LIMITED TO COMMODITIES COVERED BY APPLICATION. See COMMODITIES (SCOPE OF OPERATION). AUXILIARY SERVICE. See RAIL-AND-Motor (Coordination of SERVICES). BAGGAGE. See PASSENGERS (CHARTERED OR SPECIAL OPERATION) (COMMON CARRIAGE OF PASSENGERS).

BANKRUPTCY

Interruption of Service due to: See SAVING CLAUSES (INTERRUPTION OF SERVICE).

Self-Insurer: See SECURITY FOR PROTECTION (SELF-Insurer).

BARGE LINES. See INLAND WATERWAYS (BARGE LINES).

BEACH WAGONS. See EQUIPMENT (RESTRICTION).

BONA FIDE OPERATION. See SAVING CLAUSES (BONA FIDE OPERATION). BONDED TRAFFIC. See COMMODITY RATES (RELATIONSHIP TO CLASS RATES).

BOUNDARIES.

Municipalities: See MUNICIPALITIES.

Origin and Destination Territories: See ROUTES (SCOPE of Operation). BROKERS.

Definition: See also FORWARDERS; WAREHOUSES.

Applicant who conducted a warehouse business and in addition arranged transportation at break-bulk points, using all types of service at their applicable rates and receiving its compensation from consignors and consignees, performed operations which resembled both forwarder and broker operations. However,

it did not hold out any regular service between particular points, publish schedules, nor issue bills of lading. Each proposal was handled as a special transaction governed by carrier services available and the particular service desired. While such operation was unusual, applicant regularly, for compensation, sold, arranged for, and procured for others, transportation by motor vehicle in a manner

lacking a number of the usual characteristics of a forwarder, and was found to be a broker within the meaning of sections 203 (a) (18) and 211(a). Lederer Term. Warehouse Co., Inc., Broker Application, 566.

Dual Operation: See DUAL OPERATION.

Fees: A carrier may pay a reasonable charge to a broker for transportation or nontransportation services received. Such payment is in no sense a rebate and works no discrimination between shippers, all of whom pay carrier's published tariff rate. Moyer Broker Application, 438 (439).

LICENSES:

In General: 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.

Findings in 10 M. C. C. 606, reversed, and applicant was granted a license to operate at Providence, R. I., as a broker of transportation of persons and their baggage in interstate or foreign commerce. Applicant's service will include allexpense tours, sightseeing, charter work, and sale of individual tickets of competing motor carriers for transportation between fixed termini. Giroux Broker Application, 745.

Denial: In the following cases, the application for a broker's license was denied: E. F. Daly, Inc., Broker Application, 259; Jones Broker Application, 257; Moore Common Carrier Application, 187; Wodlinger Common Carrier Application, 611.

Grant: In the following cases, brokerage operation, involving the hauling of commodities generally, was authorized:

Giroux Broker Application, 745; Moyer Broker Application, 438; Ruby Broker Application, 337; Shayler Common Carrier Application, 113.

Partial Denial and Grant: In the following cases, the application for a broker's license was granted in part and denied in part:

Foster Broker Application, 41; Gregory Broker Application, 724; Lederer Term. Warehouse Co., Inc., Broker Application, 566.

Proof: That the public availed itself of applicant's brokerage services for many years tended to establish that his operation fulfills a public need and serves a useful purpose. Giroux Broker Application, 745 (746).

Qualifications: Although application for brokerage license was seasonably filed, it was based on operations conducted by applicant's employer, a storage company for which he had solicited contracts for moving household goods, and brokerage operations in his own name, which were not instituted until 2 years after filing of application, were unlawful. Since he might have been confused as to his status under the act at time of filing application, and in view of his particular type of operation, such unlawful operation should not bar the grant of a license to him, providing the evidence warrants such action. Ruby Broker Application,

337 (339-340).

Scope of Operation: Authority granted to operate as a broker at Cleveland, Ohio, and Buffalo, N. Y., between those points on the one hand, and points within 300 miles of either, on the other, was restricted to transportation by common carriers, since the Commission has disapproved brokerage of transportation by contract carrier except under special circumstances which were not shown to be present. Lede Term. Warehouse Co., Inc., Broker Application, 566 (569). BULKY ARTS. See MINIMUM WEIGHTS (TRUCK CAPACITY).

BURDEN OF PROOF.

The burden of proof rests upon applicant claiming "grandfather" rights to establish its claim, and this continues true even when the proceeding is reopened for further hearing. Griffith Freight Lines, Inc., Common Carrier Application, 673 (674).

Where the record as a whole is such as to raise a substantial doubt as to the quality and accuracy of parol evidence, and in fact tends to rebut it, the burden is upon an applicant to overcome the doubt. That burden is not met by general testimony lacking in specific details standing alone. Ziffrin, Inc., Contract Carrier Application, 683 (691).

CANADA. See ADJACENT FOREIGN COUNTRY (TRANSPORTATION SUBJECT TO THE ACT).

CANCELATION. See DIRECTION; INVESTIGATION AND SUSPENSION (NEW RATES, FARES, and ChargeS); SCHEDULES (CANCELATION).

CANCELATION OF STATE CERTIFICATES. See CONVENIENCE AND NECESSITY (CERTIFICATES).

CARGO INSURANCE. See EQUIPMENT (Leased).

CARRIERS. See AGENTS and specific types of carriers.

CERTIFICATES. See CONVENIENCE AND NECESSITY (Certificates).

CHARTERED OR SPECIAL OPERATION. See PASSENGERS.

CIRCUITY. See CONVENIENCE AND NECESSITY (EXTENSION OF OPERATION). CLASSIFICATION.

Carriers of Property: See also COMMON CARRIERS (DEFINITION); FORWARDERS; WAREHOUSES; and specific types of carriers and service.

In classifying applicants between the extremes of common carriers serving all under substantially identical arrangements and contract carriers performing specialized service for a single shipper under a contract framed to cover the latter's peculiar needs, it is inevitable that some may lack some of the general attributes of the class to which allocated, or possess some attribute of the opposite class. However, since only two basic classes of for-hire carriers are recognized, no applicant has just cause for complaint when classified according to the extreme which he most closely resembles. Such classification is not an arbitrary transfer by legislative or administrative fiat from one class to another, but rather a measuring process by which applicant's proper grouping is determined according to its predominating practices. Nor is it significant that full conformity to the standards of the determined class may require abandonment of inconsistent practices. Craig Contract Carrier Application, 629 (634-635).

As the extreme of contract carriage, i. e., a specialized service restricted to a particular shipper, is departed from either by indiscriminate serving of similarly situated shippers or by the conduct of increasingly less specialized service, carriers gradually abandon contract-carrier status and assume that of common carriers. Just when the transition occurs depends on the circumstances peculiar to each case and cannot be determined by any general rule. Id. (639). CLASSIFICATION (PROPERTY).

In General: See also MINIMUM RATES (PRESCRIPTION BY COMMISSION). In prescribing and approving rates for the transportation of freight the Commission has long recognized distinctions between high-grade and low-grade commodities or traffic. The application of such distinctions involves classification. Section 216 (b) of the act makes it the duty of motor common carriers to establish, observe, and enforce just and reasonable classifications. Where it is proposed to group a large number of miscellaneous commodities apparently having different transportation characteristics at a common rate, it is the Commission's duty to

examine closely into the propriety of the proposal from a classification standpoint. Classification principles apply to commodity rates as well as to class ratse. All Freight from Chicago and St. Louis to El Paso, Tex., 727 (730).

Proposed commodity rates on all freight with exceptions, from Chicago, Ill., 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 highgrade 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. Id. (730).

Commodities: Ratings on the commodities named were involved in the following cases:

All commodities: Central Territory Motor Carrier Rates, 571 (584-585). Animal foods, in cans: Central Territory Motor Carrier Rates, 571 (581). Bakery goods: Central Territory Motor Carrier Rates, 571 (574).

Boxes, covers, and vents, electric-storage-battery: Central Territory Motor Carrier Rates, 571 (575).

Catalogs: Central Territory Motor Carrier Rates, 571 (577).

Cheese: Central Territory Motor Carrier Rates, 571 (577).

Cloth, cotton, plasticized, oil-filled, or gum-filled: Central Territory Motor Carrier Rates, 571 (579).

Copper, sheet, electrolytically deposited: Central Territory Motor Carrier Rates, 571 (579-580).

Cream, frozen: New England Motor Carrier Rates, 537 (546-547).

Dessert preparations, 1. t. 1.: Central Territory Motor Carrier Rates, 571 (580). Grain products: Central Territory Motor Carrier Rates, 571 (586-587). Paints and materials: Central Territory Motor Carrier Rates, 571 (591-592). Shot, cupronickel: Central Territory Motor Carrier Rates, 571 (576). Tacks, steel, and iron or steel shoe nails or tacks: Central Territory Motor Carrier Rates, 571 (590-591).

Wines and alcoholic liquors: Central Territory Motor Carrier Rates, 604. Exceptions: See also COMMODITY RATES (CLASS RATES EXCEEDED). Proposed exception to central-territory classification on household drying, ironing, and laundry machines and washing machines, in straight or mixed truckloads, minimum 10,000 pounds, providing ratings according to length of haul as measured by first-class rates, found justified to remove disparities. Proposed minimum weight reflected actual loading possibilities, and resulting rates, which would meet rail rates up to 260 miles, appeared reasonably compensatory. Central Territory Motor Carrier Rates, 173 (180-181).

Although "break-down rule" in central-territory classification, permitting stated reduction from less-than-truckload rates on amounts of 5,000 pounds or over, was not generally applicable in connection with exceptions ratings, it was itself in the nature of an exception to the classification. Since no sound reason appeared for preferring one exception over another, when lower charges would result from use of the classification rating and application of the break-down rule than from an exceptions rating, the classification basis should be applied. Id. (182.) An exceptions rating higher than the normal classification rating has generally no more justification than a commodity rate higher than the prescribed class rate. Carriers were authorized to cancel exceptions ratings which would result in higher charges than the classification rating. Id. (182).

Irregular-Route Operations: See ROUTES (SCOPE OF OPERATION)
Less than Truckload: See LESS THAN TRUCKLOAD (RATINGS).

Mixed Shipments: See MIXED SHIPMENTS.

Packing: See PACKING.

Reasonableness: See also LESS THAN TRUCKLOAD (RATINGS); RELATION OF RATES (COMMODITIES).

While proposed reduction of two classes in prescribed minimum rating on dry shelled nut meats in central territory was drastic, compelling rail competition demanded its approval. Central Territory Motor Carrier Rates, 173 (176).

Although frozen cream was accorded the same rating as articles of similar density, an increase in rating was authorized, since the cream was perishable and required refrigeration. New England Motor Carrier Rates, 537 (546–547). Proposed increase in ratings on electric-storage-battery boxes, covers, and vents in central territory east of Illinois-Indiana line, to meet rail level, found justified. Competitive necessity for lower basis no longer existed, and carriers' need for increased revenues justified increase to uniform level of ratings in other portions of the territory. Central Territory Motor Carrier Rates, 571 (575).

While neon electric signs were extremely liable to damage and in some instances might be extremely bulky and of high value, there were many varieties, and proposed increased any-quantity rating eight times first class in central territory did not appear to be a proper minimum basis for all such articles, as it would result in prohibitive charges. However, carriers were authorized to establish such higher ratings as appeared justified by the particular services which they were asked to perform. Id. (598-599).

CLASS RATES.

In General: See ANY QUANTITY (RATES); DISTANCE (SCALES).

Less than Truckload: See LESS THAN Truckload (Rates).

Percentage Relationship: See CLASSIFICATION (PROPERTY (EXCEPTIONS)). C. O. D. See REDUCTIONS (JUSTIFICATION).

COLLUSION. See DUAL OPERATION.

COMMODITIES.

Dangerous Articles: See DANGEROUS ARTICLES.

Description: See also MINIMUM Rates (PrescriPTION BY COMMISSION); SCHEDULES (CHANGES IN).

Proposed inclusion of scrap or waste paper, not sensitized, in articles taking rates on paper-mill stock, from Illinois points and East Chicago, Ind., to Wisconsin points, resulting in application of rate 3 cents over corresponding rail rate, approved. Central Territory Motor Carrier Rates, 173 (176).

Inclusion of loose-leaf book fillers in the list of paper and paper products to enable carriers to obtain traffic on paper articles was justified, since filler moves in mixed shipments and rail lines had included them in their lists of paper rates. Central Territory Motor Carrier Rates, 217 (219).

No authority was necessary to change description of rubber-covered or leather composition rollers to render it applicable only to new rollers, since the normal classification ratings on worn-out composition rollers would result in lower rates than those prescribed on the list of commodities described, but additional authority was granted to add to the lists clothes-wringer rollers and printer's rollers. Id. (227).

Parakid and kid sheeting defined and commodity description of artificial leather laminated cloth, parakid, and kid sheeting, changed to describe the articles as cotton cloth, including laminated cotton cloth, coated or impregnated with rubber, rubber compound, pyroxylin, and pyroxylin compound or a combination of two or more of these materials. New England Motor Carrier Rates, 537 (538).