cant's service, and his testimony was similar to that of the prior witness.

National Motor Express, Inc., a common carrier by motor vehicle of general commodities, operates nine units of equipment, three of which are employed in a triweekly service over a regular route between Albany and Bennington. Other vehicles serve these points in connection with routes to and from other points in the territory it serves. It has transported shipment for one of the mills whose representatives supported the application, and it is able to handle more traffic than now offered. Gay's Express operates at least five trucks daily between Albany and Bennington. Its terminal manager at Bennington testified that the equipment is not loaded to capacity and that if tendered, additional freight could be handled in that service.

The line of demarcation between a regular-route and an irregularroute operation between points which are only 38 miles apart is difficult to define. It appears, however, that successful operation under the authority now held by applicant must necessarily differ little from operations which might be carried on under a certificate authorizing regular route operations. Applicant here seeks the latter form of authority. We think the evidence as a whole leads to the conclusion that the authority sought should be issued.

We find that the present and future public convenience and necessity require operation by applicant, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities, except those of unusual value and except dangerous explosives, household goods as defined in Practices of Motor Common Carriers of Household Goods supra, commodities in bulk, commodities requiring special equipment, and those injurious or contaminating to other lading, between North Bennington, Vt., and Albany, N. Y., over the regular routes previously described herein, serving Bennington, Vt., and points in New York on such routes within 25 miles of Albany, as intermediate points, and all points in New York within a radius of 25 miles of Albany, other than those located on such regular routes, as off-route points; that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the act and our rules and regulations thereunder; and that an appropriate certificate authorizing such operations should be granted in lieu of the certificate now held by applicant.

Upon compliance by applicant with the requirements of sections 215 and 217 of the Interstate Commerce Act and with our rules and regulations thereunder, the certificate now held by applicant will be revoked and an appropriate certificate in conformity with the findings herein will be issued.

CHAIRMAN PATTERSON dissents.

INVESTIGATION AND SUSPENSION DOCKET No. M-2240
MINIMUM CHARGES IN CENTRAL TERRITORY

Submitted January 6, 1944. Decided February 22, 1944

Proposed increased minimum charges per shipment for the transportation of property over all-motor and motor-water routes between points in central territory and between points in central territory, on the one hand, and points in trunk-line and New England territories, on the other, found unjust and unreasonable. Suspended schedules ordered canceled, and proceeding discontinued without prejudice to the filing of new schedules in conformity with the views expressed.

J. R. Turney and F. C. Hefferren for respondents.

R. A. Nixon and W. M. Carney for Director of Economic Stabilization and Price Administrator.

W. F. Gleason, Harry R. Brasher, Herschell A. Hollopeter, Carl Giessow, R. A. Ellison, James P. Haynes, A. H. Schwietert, William Noorlag, Jr., S. G. Creswick, Charles J. Fagg, A. E. Hueneryager, T. W. Mackey, Allen Dean, William A. Angus, Roy W. Campbell, F. P. Campbell, A. Stanley, Floyd Robertson, Robert Keith, and George 0. Griffith for shippers and shippers' associations.

A. O. Graves for the Michigan Public Service Commission.

REPORT OF THE COMMISSION

DIVISION 2, COMMISSIONERS AITCHISON, MAHAFFIE, AND SPLAWN BY DIVISION 2:

Exceptions to the order recommended by the examiner were filed by the respondents, the Aeronautical Chamber of Commerce of America, Inc., and the Dubuque Traffic Association, and the respondents replied. Our conclusions differ somewhat from those proposed by the examiner. By schedules filed to become effective May 22, 1943, and later, the motor common carriers and the water common carriers, the latter to the extent they participate in joint motor-water rates, parties to the tariffs of the Central States Motor Freight Bureau, Inc., Agent, hereinafter called the bureau, and The Cleveland, Columbus & Cincinnati Highway, Inc., and Transamerican Freight Lines, Inc., and the motor common carriers participating in their tariffs proposed to increase the minimum charges per shipment principally from 58 and 88 cents to $1.25 for the transportation of property generally between points in central territory and from $1 to $1.25 per shipment between points in central territory, on the one hand, and points in New England and

trunk-line territories, on the other. Upon protests of the Price Administrator in his own behalf and in behalf of the Director of Economic Stabilization, the St. Louis Chamber of Commerce, the Indiana State Chamber of Commerce, the Louisville Board of Trade, the Aeronautical Chamber of Commerce of America, Inc., the Wisconsin Manufacturers' Association, the Hollywood Candy Company, and certain others, the operation of the schedules was suspended until December 22, 1943. The respondents have postponed the effective date of the schedules, some to March 22, 1944, and the others indefinitely. This proceeding was heard on a consolidated record with a proceeding before the Pennsylvania Public Utility Commission. The quarterly and annual reports of the carriers filed with this Commission for 1939 and later are of record in this proceeding by stipulation of the parties. Minimum charges will be stated in amounts per shipment, and rates in amounts per 100 pounds.

The suspended schedules are contained in local and joint class and commodity tariffs, and exceptions to the classification having application generally between points in central territory, except that one of the tariffs of the Transamerican Freight Lines contains joint class and commodity rates between points in central territory, on the one hand, and points in New England and trunk-line territories, on the other. The evidence of record for the most part relates to the minimum charges in central territory, and little evidence was presented respecting the proposed minimum charges between points in central territory and points in New England and trunk-line territories. Distance considered, we conclude that the minimum charge on such interterritorial traffic generally should not be less than the minimum charge between points in central territory.

The pertinent provisions of the rule in the governing motor freight classification, which relate to minimum charges per shipment, are as follows:

Unless otherwise provided:

Sec. 1. The minimum charge for a single shipment from one consignor to one' consignee on one bill of lading shall be:

(a) If classified first class or lower, for 100 lbs. at the class or commodity rate applicable thereto; or

(b) If classified higher than first class, for 100 lbs. at the first class rate;

(d) In no case shall the charge on a single shipment be less than 58 cents.

The minimum charges contained in the classification are generally superseded by exceptions thereto which are in the rate tariffs, and in some instances in exceptions to the classification. Typical of the provisions of the minimum-charge rules generally maintained by the respondents between points in central territory are the following:

(1) Except as otherwise provided in Notes 1 to 4 below, the minimum charge for a single shipment, from one consignor to one consignee on one bill of lading, shall be for 100 pounds at the first class rate applicable, but in no case shall the charge on a single shipment be less than: 58 cents when the first class rate is 46 cents or lower; and 88 cents when the first class rate exceeds 46 cents. [The notes contain certain exceptions to these charges.]

(2) Unless otherwise provided in particular rate items, the minimum charge for a single shipment, from one consignor to one consignee on one bill of lading, shall be for 100 pounds at the rate applicable, but in no case will the charge on a single shipment be less than 88 cents.

The minimum charges stated in rule 1 apply on traffic subject to class rates as well as commodity rates, and those stated in rule 2 generally apply on shipments moving at commodity rates. The rule on traffic between points in central territory and points in New England and trunk-line territories is, for the most part, the same as rule 1, except that the stated minimum charge is not less than $1. Under the provisions of rule 1, the first-class rate, regardless of the applicable rating, for 100 pounds is the minimum charge, but not less than 58 cents for short hauls and 88 cents for longer hauls; and under rule 2, the minimum charge is the commodity rate for 100 pounds, but not less than 88 cents.

Under the suspended schedules, no change is proposed in the provisions of the rules now maintained except that present minimum charges of 58 and 88 cents between central territory and of $1 between central territory and New England and trunk-line territories would be increased generally to $1.25 per shipment. After the schedules were suspended, the bureau's board of directors reconsidered the minimum. charges proposed and decided that between central territory they should be 88 cents when the first-class rate is 46 cents or lower and not less than $1.25 when the first-class rate exceeds 46 cents. The respondents, up to the time of the hearing, had not been canvassed by the bureau to determine whether they would approve a change in their proposal. Except as otherwise indicated by the context, the term "proposed minimum charges" will refer to those under suspension.

Approximately 75 carriers, who participate in bureau tariffs, now apply the generally lower basis of minimum charges stated in the classification on single-line traffic between certain points, and a few carriers maintain minimum charges higher than those generally in effect, but they are usually less than $1.25. About 28 carriers, parties to the bureau tariffs, would maintain the basis of minimum charges in the classification, and approximately 90 carriers would observe the present generally effective basis of minimum charges. The minimum charges generally maintained on traffic between points in central territory and a hospital near Albany, Ind., are $1.08 when the first-class rate is 46 cents or lower, and not less than $1.38 when the first-class rate exceeds 46 cents. Under the suspended schedules, the $1.08 charge

would be increased to $1.25, and no increase is proposed in the charge of $1.38. No special justifications were adduced respecting those charges. Appendix A hereof shows the first-class rates for distances ranging from 30 to 900 miles between representative points in central territory generally maintained by the respondents. The class rates between specific points reflect the rail distances. See Central Territory Motor Carrier Rates, 8 M. C. C. 233, 236. The lowest bases of minimum charges generally maintained by motor carriers in central, trunk-line, western trunk-line, and southern territories on and after April 1, 1936, are set forth in the following table:

The following table, compiled from exhibits of record, shows the first-class rates and minimum charges between points in central, trunkline, and western trunk-line territories:

The present and proposed minimum charges between certain points in central territory are compared with the present minimum charges on certain interterritorial movements for similar distances in the following table: