To The Advance Bulletin supplements the Commission's bound volumes of Interstate Commerce Acts Annotated. This issue is number 10 of volume 1. A number of Bulletins will constitute a volume; and the pages will be numbered consecutively within each volume rather than within individual Bulletins. facilitate the location of subject headings, the Table of Contents of each Bulletin may ultimately by removed to form a cumulative table for the volume. The Bulletin is published bimonthly. Members of the public, attorneys and practitioners, the I.C.C. staff may consult the consolidated file from which the Bulletin is compiled in Room 6364 of the I.C.C. Building. For cases which appear in the Bulletin only as reconsidered or appealed, prior citations and annotations may be obtained by consulting the consolidated file or by calling Mr. John F. McMorrow or Mr. Robert A. Emery, (202) 343-3267. Material in this volume of the Bulletin will appear in Volume 22 of the Interstate Commerce Acts Annotated. an asterisk (*), its history may be found in the Table of Cases at the back of the Bulletin. Volume 21 of the Interstate Commerce Acts Annotated is now available from the U.S. Government Printing Office (Stock No. 2600-00970) and may be ordered from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, at $18.65 per copy, payable by check or money order to the Superintendent of Documents. The Advance Bulletin is prepared in the Annotations Unit under the direction of Mr. Jack R. Long, Chief, Reference Services Branch, Section of Case Control and Information, Office of Proceedings, Interstate Commerce Commission, Washington, D.C. 20423. Comments and suggestions regarding improve ment of the format of the Bulletin will be welcomed, and may be made in writing -396 Vol. I No. 10 NATIONAL TRANSPORTATION POLICY 5. National transportation policy, in general. Stopoff privileges: See Stopping-in-Transit Charges & Restrictions, at $1(6), n. 566. PART I $1 (1). CARRIERS SUBJECT TO REGULATION Foreign Commerce 52. Transportation to or from a foreign country.--The unequivocal language and plain meaning of $1(1) (a), as amended by the Transportation Act of 1920, confirms Commission's authority to regulate tariffs of joint rates and through routes by rail and water carriers between the United States and any foreign country, to extent that the transportation takes place within the United States. It is of no consequence that we lack power over participation carriers. Our jurisdiction over such joint rates is not diminished merely because we can issue order affecting those rates only against domestic carriers subject to our authority. See Canada Packers, 385 US 182.--International Joint Rates and Through Routes, 337 ICC 625 (627-29). The elimination of the word "adjacent" from the statute by the Transportation Act of 1920 broadened Commission's jurisdiction to include traffic between the United States and any foreign country. Commission's subsequent decisions to refuse to accept filing of tariffs establishing joint rates on such movements was self-imposed and unfounded.--Id., pp. 628-29. §1(3)(a). DEFINITIONS Transportation, Construed 50. In general.--Section 1(3) (a) defines rail "transportation" to include the instrumentalities of carriage irrespective of ownership.-Atchison, T. & S. F. Ry. Co. v. United States, 244 F. Supp. 955 (971)*. $1(4). DUTY TO FURNISH TRANSPORTATION AND ESTABLISH THROUGH ROUTES; 514. In general.-Reduced local rail rates and charges not shown to be just and reasonable to the extent such rates are subject to an annualvolume requirement but otherwise just and reasonable. The annual-volume requirement was found to produce unjust discrimination between shippers usin substantially similar transportation service and is violative of $2. Ordere canceled without prejudice to filing of new schedules.--Wheat & Wheat Flour, Westbound, 337 ICC 858 (877-81). Line-Haul, Terminal, and Switching Services Included 526. Terminal services.--See Increased Waterborne Charge, $15 (7), n. 70. 610. Transit Generally.--Proposed increased charges for stopping in transit for partial loading or unloading found just and reasonable. Proposed charges are compensatory over and above costs involved in such service and do not violate $2 and $3.--Stopping-in-Transit Charges & Restrictions, 337 ICC 605 (609-10). 663. Rates for Special Classes of Service Trailer-on-flatcar service.--Entire Commission found proposed schedules published to comply with rules promulgated in Piggyback case, 322 ICC 301, just and reasonable to extent that mixed-shipment rules impose a weight limitation of not more than 60 percent of any one article (as indexed in freight classification). However, proposed higher no-mix rates found unjust and unreasonable because substantially different rate levels were proposed for each rate territory although transportation conditions in each territory were similar.--TOFC Rates and Charges Official Territory, 337 ICC 557 (562-67). $1(6). CLASSIFICATION OF PROPERTY FOR TRANSPORTATION; REGULATIONS AND Specific Rules 225. Rule 24. Follow lots--minimum weight for single carload shipments when more than one car required.--See Freight in Excess of Full Carload, at §6(3), n. 1. Particular Transit Services 566. Stopping to partially load or unload.--Commission found that when a carrier elects to provide a service for stopping in transit for partial loading or unloading, its charges for such service must in themselve be not less than its costs in $2 and $3 of the Act are not to be violated. carrier is entitled to some compensation in addition to its costs and cost evidence herein establishes that proposed increased charges met those |