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CASES REPORTED IN INTERSTATE COMMERCE COMMISSION REPORTS UNDER PARTS I, III, AND IV OF THE INTERSTATE COMMERCE ACT. WHICH INVOLVE ALSO ISSUES UNDER PART II OF THE ACT.

May 31, 1943, to September 11, 1944, inclusive

Freight Forwarding Investigation. 256 I. C. C. 699. Enforcement of just and reasonable rates under part IV found comparable to similar provisions in parts I, II, and III

Passenger Fares Between D. C. and Nearby Va., 256 I. C. C. 769; 258 I. C. C. 559. Jurisdictional position under parts I and II over interstate bus-streetcar fares. Less Carload Class Rates Arkansas and Louisiana, 258 I. C. C. 525. Consolidated proceedings under parts I and II dealing with less-than-carload and lessthan-truckload rates.

Morgain Forwarding Co., Pick Up and Storage, 258 I. C. C. 771. Increased pick-up and delivery allowance proposed by forwarders found not justified when motor carriers would be forced to make similar allowances amounting to a general reduction.

Trans-American Van Service, Inc., F. F. Application, 260 I. C. C. 52. Jurisdictional position of household goods under parts II and IV.

INDEX OF COMMODITIES IN CASES INVOLVING RATES

Advertising matter, 665; Bags, cotton net, 161; Bentonite 321; Blinds, venetian, 319; Board, wall, fiber, 763; Boots 627 681; Cases transformer, 323; Chips, potato, 337; Covering, floor hard-surface 540; Engines, airplane 242; Glassware, 721; Groceries. 289; Leather. 131; Machinery refrigerating 333; Moccasins. 681; Paint and paint materials. 186. 627; Paper and paper articles. 661; Paper and paper products, 269: Paper printing, 352; Petroleum products, 261; Potatoes, 83; Printed matter. 665; Rubbers, 681; Shoes, 627. 681; Stoves. coal-burning and wood-burning. 778; Supplies. boot-and-shoe-factory, 627; Talc, crude. 485; Tumblers. 721.

43 M. C. C.

977

INDEX OF LOCALITIES IN CASES INVOLVING RATES

[Numbers in parentheses following citations indicate pages on which localities are considered] Alabama, 574; Arkansas, 261; Atlanta, Ga., 574; Bayport, Minn., 289; Birmingham, Ala., 352; Boston, Mass., 661, 681; Brattleboro, Vt., 277; Brockton, Mass., 661; California mines, 485; Central territory, 139, 145, 173, 189, 540; Chicago, Ill., 131, 161, 186, 665; Columbus, Ga., 352; Columbus, Ohio, 319, 721: Detroit, Mich., 721; Dunn, Calif., 485; Eastern territory, 329; East Grand Forks. Minn., 289; Fargo, N. Dak., 289; Fort Benning, Ga., 352; Grand Forks, N. Dak., 289; Idaho, 337; Illinois, 269 (270); Illinois territory, 161; Indiana, 269 (270); Iowa, 269; Kansas, 161, 261; Kansas City, Mo., 665; Kentucky, 329; Kingsport, Tenn., 352; Los Angeles, Calif., 51; Maine, 627; Maryland. 83; Massachusetts, 627. 681; Mayville, Wis., 323; Metropolis, Ill., 778; Michigan, 269: Milwaukee, Wis.. 131, 186, 323; Minneapolis, Minn., 333; Minnesota, 329; Missouri, 161, 261, 269 (270); Montana, 321; Montgomery, Ala., 352; Moorehead, Minn., 289; Nebraska, 269; New England, 13, 627, 763; New England territory, 145, 189, 540; New Jersey, 13, 627. 763; New York, 13, 329, 627, 763; North Dakota, 329; Ohio, 329; Oklahoma, 261; Pacific Northwest, 337; Pawtucket, R. I., 661; Pennsylvania, 83, 329; Pittsburgh. Pa., 319; Portland, Oreg., 337; Providence, R. I., 661; St. Joseph, Mich., 685; St. Joseph, Mo., 665; St. Louis, Mo., 778; Sault Ste. Marie, Mich., 131; South Bend, Ind., 685; South Dakota, 321, 329; Southwest, 161, 242; Stillwater, Minn., 289; Tecumseh, Mich., 333; Trunk-line territory, 139, 145, 189, 540; Tulsa area, Kans.Okla., 261; Tuskegee, Ala., 352; Twin Cities area, Minn., 289; Upper Peninsula of Michigan, 329; Vineland, N. J., 83; Washington, 337; Western trunk-line territory, 161, 189, 540; West Fargo, N. Dak., 289; West Virginia, 83, 329; Wisconsin, 329; Woonsocket, R. I., 661; Wyoming, 321; Zanesville, Ohio, 323.

978

43 M. C. C.

INDEX DIGEST

ABANDONMENT OF SERVICE.

See BURDEN OF PROOF; Convenience AND NECESSITY (Revocation of Certificates); OPERATION (Bona Fide); ROUTES; TRANSPORTATION.

ACCOUNTS See also Amortization; RePORTS. When accounting system of parcel-delivery carriers who had been temporarily exempted from accounting requirements had many classifications conforming to prescribed uniform system, coordination with the latter should not be difficult. Permanent relief denied. United Parcel Service of Pa., Inc., Filing of Contracts, 689 (698). AFFIDAVITS. See OPERATION (Bona Fide).

AFFILIATION. See COMMON CONTROL, ETC.; DUAL OPERATION; OPERATION (Joint).

AGENTS. See BROKERS (Licenses); and Definition, under COMMON and PRIVATE CARRIERS.

AGRICULTURAL COMMODITIES. Transportation of raw milk in tank trucks or trailers used exclusively for that purpose was within exemption of sec. 203 (b) (6), even though tractors were used in hauling other commodities in other trailers. Derr Contr. Car. Applic., 437 (441);

-But fresh-frozen fruits and vegetables, which are processed, frozen, and packaged at a freezing plant, and which must thereafter be kept in subfreezing temperature until used and cannot be transported under ordinary refrigeration, are manufactured products of agriculture not within the exemption. Newton Ext.-Frozen Foods, 787 (789).

AMORTIZATION. Amortization is a charge to income to cover past premiums paid for purchase of operating rights, and may not, under sec. 216 (h), be considered an element of value in determining reasonableness of rates. Minn.-N. Dak. Motor Carrier Rates. 289 (303).

APPEARANCES. See also BURDEN OF PROOF; CONVENIENCE AND NECESSITY (Proof). When railroad association customarily assigned proceedings under the act to particular members, appearance on its behalf as intervener by a member of Commission's bar was presumed, in absence of contrary evidence, to be duly authorized. By so appearing it did not engage in the practice of law. Greenfield Com. Car. Applic., 555 (556).

APPLICANTS. See COMMON CARRIERS (Qualifications); CONVENIENCE AND NECESSITY (In General); PARTIES.

APPLICATIONS. See OPERATION (Temporary); SAVING CLAUSES; and specific subjects.

ASSEMBLING AND DISTRIBUTION RATES. Congress authorized assembling and distribution rates on forwarder traffic, lower than normal commoncarrier rates, because, owing to special conditions under which their services are used, carriers' costs for solicitation, clerical work, handling loss-and-damage claims, and separate delivery are eliminated or substantially reduced, short-line carriers receive long-haul tonnage not otherwise available, and forwarder traffic moves in established channels in predictable volume. Definition of Frt. Consolidators, 527 (530);

-In enacting sec. 408, Congress took cognizance of 310 U. S. 344, and intended to permit assembling rates to be used by other shippers under same conditions as by forwarders. Id. (534).

Assembling rates on 1. t. 1. shipments from eastern points to Chicago for consolidation, approximating 85 percent of class rates, were justified by difference in conditions incident to handling such traffic, and were not unreasonable when they exceeded carrier's divisions out of joint rates with forwarders. Id. (533. 537).

Publication of assembling rates from points that were also concentration points was not unlawful. Key points may be concentration points as to some shipments but gathering points as to others. Id. (534).

That application of assembling rates might result in advantage to certain classes of persons was not necessarily unlawful. No undue prejudice appeared when they were open to any person offering 1. t. 1. freight for ransportation between points and for the purpose specified in tariff. Id. (535).

Provision for application of assembling rates to traffic of freight consolidators, meaning either individual shippers or a group or association of shippers, did not violate sec. 408 or 216. Id. (536, 537);

-Application to traffic of shipper association was not precluded by sec. 402 (c), which was intended merely to exempt from regulation as a forwarder the operations of individual shippers or groups consolidating or distributing their freight on a nonprofit basis. Id. (535);

-Special handling of 1. t. 1. freight from origins to Chicago was performed under like conditions for forwarders and the association. Id. (535);

-Issuance of through bills of lading, publication of rates for entire service, and filing of insurance by forwarders primarily concern their relations with customers, not their manner of using services of common carriers, and are not the "like conditions" referred to in sec. 408, under which shippers may use assembling rates. Id. (535);

-That the association, unlike forwarders, did not assume responsibility for loss or damage to freight was immaterial, since such assumption would not lessen responsibility of underlying carrier, and association handled such claims similarly to forwarders. Id. (535).

ASSOCIATIONS. See APPEARANCES; ASSEMBLING AND DISTRIBUTION RATES. BACK HAULS. See INTERMEDIATE POINTS.

BANKRUPTCY. See INSURANCE; SAVING CLAUSES (Interruption of Service). BONA FIDE OPERATION. See CONVENIENCE AND NECESSITY (Certificates); OPERATION; SAVING CLAUSES.

BROKERS. See also COMMON CARRIERS (Qualifications).

DEFINITION AND TESTS OF STATUS: Applicant who neither sold nor offered for sale any transportation subject to the act, but merely turned over shippers' requests, withou compensation, to carriers using his parking terminal, was not a broker. But when he would charge carriers a percentage of freight charges for turning business over to them, broker authority would be required. Galvin Broker Applic., 458 (460).

Service as a clearing house of information for carriers seeking to rent trucks, with no concern as to type of agreements or use of equipment leased, was not brokerage. But performance of transportation, as result of applicant's efforts under any arrangement other than a bona fide equipment lease, might bring such service within the brokerage provision. Id. (460).

FEES: While a broker may lawfully collect reasonable compensation from carriers for shipments turned over to them, provided his services benefit the carrier or are part of the transportation covered by its rates, to permit him at the same

time gratuitously to render shippers valuable services not part of transportation undertaken by carriers would contribute to undesirable control of traffic by the broker, making carriers dependent on him and defeating freedom of negotiation between them. Friedman Broker Applic., 1 (4);

-And when applicant controlled a large shipper, to permit him, as such shipper, to collect commissions from carriers without performing any service of real value to them, would be inconsistent with public interest. Merriman Broker Applic.,

372 (373).

LICENSES: Brokerage applications of persons controlling traffic of large shippers should be denied when carriers receive no services of value. Services for shippers or others do not justify license. Merriman Broker Applic.. 372 (374);

-License denied applicant who performed valuable nontransportation services for shippers in routing shipments, checking and handling payment of freight charges, adjusting claims, etc., but performed no consequential service for carriers beyond solicitation. Friedman Broker Applic., 1 (4).

License as broker of household-goods transportation at Kansas City granted, subject to future restriction, to applicant who also operated as a common carrier of such goods and as booking agent for another carrier. when there was no other licensed broker of such transportation at Kansas City and applicant's operation would promote expedition of a specialized and important service. Lincoln Stor. & Moving Co. Broker Applic., 432.

Denial: Friedman Broker Applic., 1; Merriman Broker Applic., 372; Moore Com. Car. Applic., 91.

Grant: Galvin Broker Applic., 458; Lincoln Stor. & Moving Co. Broker Applic., 432.

PROOF REQUISITE FOR LICENSE: Burden is on applicant to prove affirmatively, by competent evidence, that his brokerage operations will be consistent with public interest. That application is unopposed is not controlling. Merriman Broker Applic., 372 (373).

BULKY ARTICLES. See also DENSITY. Rules for computation of charges on light and bulky shipments on constructive weights per cubic foot, which superseded classification basis on all but smallest shipments of articles of lighter density, and put all commodities below a fixed density in the same class regardless of variances, were unreasonable and unduly prejudicial and should be canceled. Bell Potato Chip Co. v. Aberdeen Truck Line, 337 (346);

-Application of constructive weight of 10 pounds tended to force shippers of commodities of substantially lighter density to keep shipments below 50 cubic feet to avoid higher charges, and did not result in economical transportation, as division of one shipment to one consignee into several separately billed shipments subjected shipper and carriers to additional clerical work. Id. (346);

-Specific ratings should be provided for commodities such as potato chips, which had always weighed less than the constructive weights, and whose transportation characteristics were constant and well-known. Id. (346);

-Rating of first class on potato chips, 1. t. 1., would be less than reasonable, but rating 11⁄2 times first class, which would avert excessive charges under light-andbulky rules while insuring compensatory revenues, was justified. Id. (347, 348); -Although evidence dealt mostly with potato chips, rules were equally objectionable for any other low-density commodity. As all parties to the rules in Pacific Northwest were before Commission. rules were found unreasonably preferential of commodities not within their purview. Id. (347).

BURDEN OF PROOF. See also BROKERS (Proof, etc.); CONVENIENCE AND NECESSITY (Proof); DIVISIONS OF RATES (Evidence); HOUSEHOLD GOODS; INVESTIGATION AND SUSPENSION; PASSENGERS (Through Routes). Burden of

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