TABLE OF LOCALITIES IN CASES INVOLVING RATES
[Numbers in parentheses following citations indicate pages on which localities are considered.]
Chicago, Ill., to Cleveland, Ohio. All-commodity rates, 24.
Cleveland, Ohio, from Chicago, Ill.
Crookston, Minn., from and to Fargo, N. Dak.
Fargo, N. Dak., from and to Crookston, Minn. Commodity rates, 58. Kansas from and to Nebraska. Class and commodity rates, 101. Nebraska from and to Kansas. Class and commodity rates, 101.
New York, N. Y., to Philadelphia, Pa. All-commodity rates, 24.
Omaha, Nebr., from and to Wichita, Kans. Commodity rates, 101 (103).
Philadelphia, Pa., from New York, N. Y.
Wichita, Kans., from and to Omaha, Nebr.
All-commodity rates, 24.
Commodity rates, 101 (103).
[Numbers in parentheses following citations indicate pages on which subjects are considered.}
Routes: See SAVING CLAUSES (INTERRUPTION OF SERVICE).
ADEQUACY OF SERVICE. See SERVICE (ADEQUATE TRANSPORTATION).
ADJACENT FOREIGN COUNTRY.
Transportation in, Combined with Purportedly Free Transportation
in United States: See FREE TRANSPORTATION.
Bureau of Motor Carriers: Rulings construed or cited: Ruling No. 1: Sprott
Common Carrier Application, 71 (74-75).
Contract Carrier vs. Common: Motor common-carrier service is not so
promptly responsive to the fluctuating and sudden demands of a beer distributor
as is a contract service. Umbdenstock Contract Carrier Application, 207 (209).
AFFILIATED COMPANIES. See RAIL-AND-MOTOR (OPERATION BY RAIL
ROAD-CONTROLLED CARRIERS).
Brokerage: See BROKERS (Definition).
Carriers': Carrier performing pick-up and delivery under contract for line-
haul carriers, who collected charges, was an agent of the line-haul carriers, pro-
viding only a terminal facility or service for such carriers and having no re-
sponsibility to shippers: Dodson Contract Carrier Application, 233 (234); Engel-
king Contract Carrier Application, 473 (474); Jolley Contract Carrier Applica-
tion, 655 (655-656); Nelson Contract Carrier Application, 37 (38); Staudt Contract
Carrier Application, 657 (658).
'Shippers': See also BROKERS (DEFINITION).
Applicant who sold and distributed petroleum products as a commission agent
for its principal was a private carrier, since he was not primarily engaged in
transportation for hire but as a bailee for the purpose of sale and the furtherance
of a commercial enterprise. Economy Oil Co., Inc., Contract Carrier Applica-
tion, 163 (164).
AGREEMENTS. See also CONTRACTS.
Applicant who claimed all rights, titles, and privileges of a bankrupt under
agreement acknowledged by the parties after bankruptcy and not approved by
the court or signed by the trustee did not acquire the bankrupt's "grandfather"
rights, since the trustee alone can pass title to bankrupt's assets. Applicant's
operation under such a claim was unlawful and its application regarded as only
to institute a new operation. Certificate denied. Pioneer Fuel Corp. Common
Carrier Application, 42 (43).
AGRICULTURAL COMMODITIES.
Transportation of potatoes from Tennent and Freehold, N. J., to Philadelphia,
Pa., and New York, N. Y., was not exempt from certificate requirements of
sec. 203 (b) (6) of the act, as amended, when applicant transported in the same
vehicle low-grade commodities in intrastate commerce. Post Contract Carrier
Application, 139 (140).
Proposed reduced rate on all commodities, in mixed truckloads, from Chicago,
Ill., 'to Cleveland, Ohio, found not justified when it would produce earnings
considerably lower than minimum reasonable rates prescribed for like traffic in
8 M. C. C. 233. Carrier participated in tariff naming the prescribed rates, and
no adequate reason for any action inconsistent with the findings in that case was
presented. All-Commodities Rates over Interstate Motor Freight System, 24
Although proposed all-commodity rate was intended primarily to meet motor
competition, its establishment on any-quantity basis, particularly if applied to
truckload shipments, would tend to disrupt existing class and commodity rates
applied by competing motor common carriers.
Id (26).
ALL-EXPENSE TOURS. See PASSENGERS (CHARTERED OR SPECIAL OPERA-
TION).
ALTERNATIVE ROUTES. See ROUTES (ALTERNATIVE).
AMENDMENT TO APPLICATION. See APPLICATION (AMENDMENT).
ANY QUANTITY.
Rates: Proposed reduced any-quantity rate on mixed shipments of com-
modities rated third class or higher, from New York, N. Y., to Philadelphia, Pa.,
found not justified when there was no showing that it would be reasonably com-
pensatory or that consideration was given to the transportation characteristics of
the commodities involved. All-Commodities Rates over Interstate Motor
Although proposed all-commodity rate was intended primarily to meet motor
competition, its establishment on any-quantity basis, particularly if applied to
truckload shipments, would tend to disrupt existing class and commodity rates
applied by competing motor common carriers. Id. (26).
Any-quantity rates are primarily established when it is not known whether
commodities will be tendered for shipment in sufficient quantities to justify the
establishment of truckload rates. Id. (26).
Proposed reduced rates on any-quantity lots could not be found compensatory
when earnings which they would produce could not be determined, because
neither the quantities in which any of the articles ordinarily moved, nor carrier's
cost of operation, was shown. Hugen Commodity Rates, 58 (60).
APPEARANCES.
When carrier, although furnished with a copy of petition for suspension of
proposed reduced rates, neither replied nor appeared at hearing, the proposed
rates were found not justified, upon protestant's showing that they were un-
reasonably low. Hugen Commodity Rates, 58 (60).
When, subsequent to joint board's original recommendation for grant of
contract-carrier permit, Commission received information casting serious doubt
on applicant's fitness to conduct the proposed operation, and the matter was set
for further hearing, but neither applicant nor anyone representing him appeared
at the time and place appointed, such failure to appear and present evidence of
fitness in compliance with sec. 209 (b) left the board with no alternative
but to deny his application. Berger Contract Carrier Application, 785 (786).
Parties Proper: See PARTIES (APPLICANTS).
Qualifications: See COMMON CARRIERS (QUALIFICATIONS); CONTRACT CAR-
APPLICATIONS. See also CONTRACT CARRIERS (PERMITS); CONVENIENCE
AND NECESSITY; SAVING CLAUSES; and other specific subjects.
In General: When extension application sought authority to operate over a
portion of a route covered by “grandfather" certificate, extension certificate ex-
cluded the "grandfather" portion. Consolidated Forwarding Co., Inc., Exten-
sion of Operations-Milwaukee-Chicago, 141 (142).
Amendment: Although Tia Juana, Calif., was not named in application as a
point where applicant's all-expense tours would enter Mexico, amendment to
include it was allowed when the scope of the proceeding would not be materially
broadened. Sprott Common Carrier Application, 71 (75).
Applicant's request to transport live as well as dressed poultry was not an
undue broadening of the application. Reich Common Carrier Application, 95
(96).
Amendment of application to permit substitution as applicant of former
treasurer of applicant corporation, which had transferred to her all right, title,
and interest in equipment, had relinquished to her all interest in the proposed
operation, and had attempted to transfer to her the right to prosecute the appli-
cation in her own name, was allowed when no rights would be prejudiced thereby,
as no previous operating rights were involved and all parties had had full oppor-
tunity to submit their evidence. Such substitution would avoid the necessity
of another hearing upon a new application, with attendant expense to all parties.
Monks Contract Carrier Application, 172 (173).
Certain points which were omitted from application were in such proximity to
routes over which applicant operated that they were considered a part of his
application. Dildine Common Carrier Application, 210 (211).
Although inclusion of evidence of service to a State erroneously omitted from
territorial description in "grandfather" application constituted a broadening of
the case, counsel for protestants interposed no objection, and it was allowed,
subject to consideration of any exceptions which might be filed within the pre-
scribed time by parties adversely affected. Request to include another State
was denied, however, when applicant had apparently not operated there for some
time and did not appear to have any "grandfather" rights therein. Benham
Common Carrier Application, 559 (560).
Filing: See also SAVING CLAUSES (APPLICATIONS, FILING).
Filing of application for common-carrier authority legalized applicant's opera-
tion thereafter. Bigsby Common Carrier Application, 677 (678).
Form: See SAVING CLAUSES (APPLICATIONS, IN GENERAL).
Sufficiency: Common-carrier authority for transportation of certain com-
modities shown to have been transported in the past could not be granted in
proceeding on application in which they were not named. McIntyre and Hurt
Common Carrier Application, 456 (457).
ARRANGEMENTS BETWEEN CARRIERS. See COMMON CONTROL, MAN-
AGEMENT, OR ARRANGEMENT.
ATHLETIC TEAMS. See PASSENGERS (Chartered or SPECIAL OPERation).
BAGGAGE. See PASSENGERS (COMMON CARRIAGE OF PASSENGERS).
BAILEE. See AGENTS (SHIPPERS').
The trustee alone can pass title to a bankrupt's assets.
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