ANNOTATED 1959 SUPPLEMENT VOLUME 18 TABLE OF VOLUMES COVERED BY ANNOTATIONS This Supplement covers the following volumes: United States Reports, 352 (bal.), 353–358, 359 (part) Lawyers' Edition, Supreme Court Reports, 100, 1 L. ed. 2d-3 L. ed. 2d Supreme Court Reporter, 76–79 Federal Reporter (Second Series), 237 (bal.), 238, 239, 240-249, 250-264, 265 Federal Supplement (District Courts), 145-171, 172 (part) Interstate Commerce Commission Cases, 285 (bal.), 286, 295 (bal.), 298 (bal.), Motor Carrier Cases, 65 (bal.), 66-69, 70, 71, 72, 73, 74, 75 (part), 76, 77, 78 (part), Valuation Reports, 55 (bal.), 56 (part) TABLES, INDEX, INCLUDED Abbreviations, symbols, p. 14863 Federal Precedents Cited, p. 14784 History of Cases, see Table of Cases, p. 14791 Index, volume 18, p. 14863 Rules of Practice, p. 14778 Tables of Cases with History, p. 14791 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1959 UNITED STATES OF AMERICA TITLE 49-TRANSPORTATION INTERSTATE COMMERCE ACT [See Table of Cases for history of cases indicated by asterisk (*)] Short title. This act may be cited as the Interstate Commerce Act. (Sept. 18, 1940, c. 722, § 1, 54 Stat. 899.) National transportation policy.—[Unchanged. See vol. 11, p. 8954.] Historical note, see vol. 11, p. 8954. Notes of Decisions Volume 11-p. 8954; Volume 12-p. 10109; Volume 13-p. 10861; Volume 14-p. 11341; Volume 15-p. 11887; Volume 16—p. 12513; Volume 17—p. 13139. Because of their very nature, the commission has often approved lower minimum weights for motor than for rail carriers. There is no showing which is the low-cost mode of transportation for the commodity. In the circumstances, a rate parity may not be condemned merely because the advantage of more economical service in handling costs and damage claims would divert most or all of the traffic to respondents.-Tanning Extract from Newark, N.J., to New Albany, Ind., 304 I.C.C. 233 (235). In view of motor carriers' competitive service advantage in connection with movement of the traffic, motor rate, minimum 35,000 pounds, on a parity with rail rate, minimum 40,000 pounds, would divert substantially all of the traffic to respondents; the result would no doubt be a further cut in rail rates and unnecessary dissipation of carrier revenues. Proposed rate is lower than necessary to enable respondents fairly to compete for the traffic.-Magnesium from Ill. and Mo. to Denver, 301 I.C.C. 315 (317-8). Since neither mode of transportation has an inherent advantage in service on the traffic, rate equality is consistent with the national transportation policy. Maintenance of a lower minimum than that maintained by rail is not a material factor in the competition for mineral pulp traffic.-Mineral Pulp to Chillicothe, Ohio, 66 M.C.C. 659 (660). It is not the duty of any mode of transportation to maintain high rates for the sole benefit of another mode of transportation.-Carbon Black, Southwest to United States and Canada, 298 I.C.C. 721 (727)*; to require motor and rail carriers to maintain rates above what would appear to be a reasonable level, to enable a water carrier to obtain traffic, would be unfair to carriers and shippers alike and contravene the national transportation policy.-Magnesium from Velasco, Tex., to East St. Louis, Ill., 304 I.C.C. 427 (433)*. Rail carriers may not be required to refrain from establishing rates which are reasonable and otherwise lawful under the act for the purpose of protecting the traffic of motor carrier competitors.-Paving Equipment from Chicago to Philadelphia, 299 I.C.C. 179 (180)*; Can Ends and Tinplate, St. Louis to Kansas City, Mo., 300 I.C.C. 182 (184); and contention that "under the national transportation policy the |