St. Louis, Mo., to-Arkansas and Caruthersville and Kennett, Mo. Canned or
preserved foodstuffs, 217 (221).
Little Rock, Ark. Macaroni, spaghetti, and noodles, 217 (220).
St. Paul, Minn., from North Dakota. Hides, pelts, or skins, 265.
To South Dakota. Groceries and general store supplies, 265.
Salem, N. J., from and to New Castle and Wilmington, Del. Class rates, 323
(324).
Schenectady, N. Y., from Waltham, Mass. Building, paving, and roofing
materials, 9 (11).
Shelley, Idaho, from Alpine, Wyo., vicinity of. Coal, 335.
Sioux City, Iowa, from and to Nebraska. Livestock, poultry feed, binder twine,
and salt, 713.
South Dakota from Minneapolis and St. Paul, Minn.
store supplies, 265.
Stamford, Conn., from Millis, Mass. Building, paving, and roofing materials,
9 (12).
Sterling, Conn., to lower Manhattan, N. Y. Cotton piece goods and rayon
fabrics, 9 (14).
Stuttgart, Ark., to Missouri, Illinois, Iowa, Indiana, and Ohio. Rice and rice
products, 217 (222).
Swedesboro, N. J., from and to New Castle and Wilmington, Del. Class rates,
323 (324).
Terre Haute, Ind., to Chattanooga, Tenn. Malt beverages, 189.
Tonawanda, N. Y., to New York, N. Y., zone 1. Office furniture, equipment,
and accessories, 323 (326).
Tottenville, N. Y., to Philadelphia, Pa., and Camden, N. J. Brass and bronze
ashes and related articles, 323 (327).
Troy, N. Y., from Waltham, Mass.
Building, paving, and roofing materials,
Trunk-line territory. Class and commodity rates, 323; 741; 763.
Tyrone, Pa., to Luke, Md. Wood pulp, 763 (765).
Vineland, N. J., from and to New Castle and Wilmington, Del. Class rates,
323 (324).
Waltham, Mass., to Connecticut and Schenectady and Troy, N. Y. Building,
paving, and roofing materials, 9 (11).
Washington, D. C., from Richmond, Va. Envelopes, 323 (324).
To Luke, Md. Waste paper and paper winding cores, 763 (764).
Waynesville, Ohio, to Arkansas and Caruthersville and Kennett, Mo.
or preserved foodstuffs, 217 (221).
Western trunk-line territory. Commodity rates, 713.
Willimantic, Conn., from Millis, Mass. Building, paving, and roofing materials,
9 (12).
Willmar, Minn., from Aberdeen, S. Dak. Groceries, general store supplies, food-
stuffs, and related articles, 265.
Wilmington, Del., from and to New Jersey. Class rates, 323 (324).
Woodstown, N. J., from and to New Castle and Wilmington, Del.
323 (324).
Yonkers, N. Y., to Connecticut. Dairy and packing-house products, 9 (17).
[Numbers in parentheses following citations indicate pages on which subjects are considered.]
Operation: See SAVING CLAUSES (INTERRUPTION OF SERVICE).
Routes: See SAVING CLAUSES (INTERRUPTION OF SERVICE).
ABSORPTION OF CHARGES.
Loading: See LOADING.
ACCOUNTS.
Authority for common carriage of special commodities by private carrier of
fruits and vegetables was conditioned on maintenance of completely separate
records and accounting systems for the private and for-hire carriage.
Utah Produce Co. Common Carrier Application, 767 (777).
ACQUISITION OF CONTROL. See PURCHASE.
ACQUISITION OF OPERATING RIGHTS. See TRANSFER (OPERATING
RIGHTS).
ADEQUACY OF SERVICE. See SERVICE (Adequate TRANSPORTATION).
ADJACENT FOREIGN COUNTRY.
Canada: See TRANSPORTATION SUBJECT TO ACT under this heading.
Transportation Subject to Act: Common carriage of passengers, in charter
operation in round-trip sightseeing tours beginning and ending at Toronto,
Ontario, Canada, and extending to points in New York and other States, with no
pick-up or discharge of passengers at any point in United States, was foreign
commerce and, insofar as such operations were conducted within the boundaries
of the United States, they were subject to the Commission's jurisdiction. That
proposed tours would begin and end in Canada and passengers would return to
Canada in same vehicles, on same trip, did not alter the foreign character of the
traffic. Danforth Bus Lines Common Carrier Application, 423 (425).
The Commission's jurisdiction over operation to and from an adjacent foreign
country is limited to that portion within the United States: Black Ball Freight
Service Common Carrier Application, 717 (718); Blue Way Trailways, Inc.,
Common Carrier Application, 61 (63); Calgary-Spokane Exp. Common Carrier
Application, 746; New England Transp. Co. Common Carrier Application,
579 (584).
Proposed tariff rule, with respect to advancement of accrued transportation
and consolidation charges, found not justified. Proposed rule failed to authorize
the practices actually intended to be followed, and since it was negative in form
and did not affirmatively provide for advancement of charges or collection and
remittance of charges after movement, it was improperly designated as an excep-
tion to classification rules. Defects of form were sufficiently important to war-
rant the withholding of Commission's approval. Central Territory Motor
Carrier Rates, 213 (215).
AFFILIATED COMPANIES. See BROKERS (LICENSES (IN GENERAL));
RAIL-AND-MOTOR (COORDINATION OF SERVICES).
Brokerage: See BROKERS (Definition).
Carriers': See also SAVING CLAUSES (BONA FIDE OPERATION) (INTERRUP-
TION OF SERVICE).
Conceding that applicant's original solicitations of contracts held by contract
carrier were proper brokerage service for which he still received a continuing
commission, his supervision of drivers and equipment at Chicago, Ill., was a
service ordinarily expected of a member of carrier's organization or of a bona
fide "agent or employee." Conversely, routine arranging and billing of ship-
ments were services frequently performed by brokers. Since other of appli-
cant's activities were unquestionably brokerage services making necessary the
granting of a license, it was not necessary to determine where applicant's broker-
age services for contract carrier ended and his services as agent or employee
began. Public interest did not appear to be adversely affected in any way by
combination of these activities. Nicolay Broker Application, 441 (446).
Applicant storage company which solicited and arranged for transportation
of household goods and office and store fixtures and equipment under contract
with long-distance motor carrier, under rules and requirements of the latter,
upon a commission basis, was a bona fide agent of the carrier and not a broker
subject to the act. American Transfer & Storage Co. Common Carrier Applica-
tion, 710.
Operating: See also TRANSFER (OPERATING RIGHTS).
Applicant and another carrier operating between Denver and La Junta, Colo.,
via Pueblo, Colo., to eliminate duplicate operations, entered into an agreement
under which applicant leased portion of its State certificate for operation between
Pueblo and Denver, Colo., and the other carrier leased to applicant its certificate
for service between Pueblo and La Junta. Although agreement purported to
involve leases of operating rights, no rights as such actually accrued to either
party thereby, since each carrier previously had obtained State authority to
traverse the entire route. Agreement constituted a mutual relinquishment of
operating rights over a portion of route previously served by both carriers, rather
than a bona fide lease. Actually, since 1929 the operations of each carrier had
been confined to a portion of the route, and applicant was not entitled to "grand-
father" rights between Denver and Pueblo. Santa Fe Trail Transp. Co. Com-
mon Carrier Application, 533 (535).
Under agreement between applicant and another carrier, latter conducted
passenger operations in its equipment between Caldwell and Arkansas City,
Kans., in consideration of 90 percent of proceeds of applicant's ticket sales on
that line. The basic operating rights over route resided in applicant, and the
other carrier never obtained any indefeasible ownership therein by virtue of
agreement. Arrangement was essentially an operating agreement rather than a
lease, and applicant had at all times undertaken to conduct operations over this
route through medium of equipment and personnel of the other carrier. Appli-
cant was entitled to "grandfather" rights to continue such operation. Id. (536).
AGREEMENTS BETWEEN CARRIERS. See SAVING CLAUSES (INTER-
RUPTION OF SERVICE).
ALL-COMMODITY AND MERCHANDISE RATES.
Proposed all-commodity rate equivalent to 60 percent of first class on general
merchandise from New York, N. Y., to Philadelphia, Pa., restricted to ship-
ments consisting of a mixture of 10 or more articles separately described in Na-
tional Motor Freight Classification or exceptions, and not to apply if commodities
rated higher than first class exceeded 15 percent of aggregate weight of ship-
ment, found justified to meet rail competition if made subject to minimum weight
of 16,000 pounds and further restricted to apply only on mixed shipments con-
taining no single commodity in excess of 50 percent of the aggregate weight, or of
the minimum weight if greater. Trunk Line Territory Motor Carrier Rates, 741.
Where rail carriers maintain all-commodity rates approved by the entire Com-
mission, motor carriers should in fairness be permitted to establish them on
competitive traffic. Id. (743).
ALL-EXPENSE TOURS. See PASSENGERS (FARES AND CHARGES).
Proposed minimum contract-carrier rates on shipments of glass milk bottles,
in cartons, on basis of 5,000 pounds or less, and a lower basis on shipments over
5,000 but less than 11,000 pounds, from Elmira, N. Y., to Pennsylvania points,
found not justified. Proposed rates were lower than common-carrier rates pre-
scribed as reasonable minima in 24 M. C. C. 501, and were not warranted by
competitive conditions. Glass Milk Bottles, Elmira, N. Y., to Maryland, Penn-
sylvania, and West Virginia, 191 (193, 194).
ALTERNATIVE ROUTES. See ROUTES (ALTERNATIVE).
Motion to strike testimony as to applicant's Vancouver, Wash.-Oregon
operations on ground that Southern Pac. Co., serving territory by rail, was
neither named as competitor in application nor served with notice of its filing,
made by counsel for North Pacific Coast Freight Bureau, who declined to enter
appearance for Southern Pac. Co., except so far as it was a member of bureau by
reason of motor-carrier operations of a subsidiary, overruled. Joint exceptions
were filed by Southern Pac. Co. and Union Pac. R. but it was not shown that
Southern Pac. Co. rather than its subsidiary was a member of bureau or that
bureau counsel specifically declined to enter an appearance for Southern Pac. Co.
As no appearance was entered for Union Pac. R., neither carrier was a party to
proceeding, and their exceptions could not be considered. Thompson and
Bookshnis Extension-Washington and Oregon Points, 633 (636-637).
APPLICANTS.
Parties, Proper: See PARTIES (Applicants).
APPLICATIONS. See also CONTRACT CARRIERS (PERMITS); CONVENIENCE
AND NECESSITY; PARTIES (APPLICANTS); SAVING CLAUSES; and other specific
subjects.
Admendment: See also HEARING (FURTHER HEARING); ISSUE (BROADENING);
SAVING CLAUSES (AMENDMENT).
Request to amend application, by a wholly owned and nonoperating subsidiary
through its parent company, to substitute the parent company as applicant was
allowed, since the latter company will actually perform the proposed operations.
Keeshin Motor Exp. Co., Inc., (Illinois), Extension-Pennsylvania Turnpike,
99 (100).
As finance proceeding in 36 M. C. C. 281, authorizing merger of applicant and
successor, did not authorize transfer of operating rights subsequensly granted
applicant, applicant and successor filed a joint petition requesting substitution
of latter in lieu of the former, and application was so amended. This procedure
was to avoid a further hearing, with its attendant inconvenience and expense to
parties. To protect interests of interested persons, issuance of certificate to
successor was withheld 30 days after service of report to afford parties taken by
surprise an opportunity to petition for rehearing and reconsideration. Lubbock-
El Paso Motor Freight, Inc., Extension, 281 (282).
Exemption: See EXEMPTIONS (APPLICATION).
Filing: See also CONTRACT CARRIERS (PROOF); Saving ClaUSES (OPERATION
WITHOUT AUTHORITY).
Question of priority in filing an application is of minor importance, and, unless
other things are equal, should be given little consideration in determining whether
the public convenience and necessity require a proposed operation. Rock Island
Motor Transit Co. Extension-Wellman, Iowa, 695 (699).
ARBITRARIES. See DIFFERENTIALS IN RATES AND ROUTES.
ARRANGEMENTS BETWEEN CARRIERS. See CONTINUITY OF MOVE-
ASSOCIATION OF CARRIERS. See APPEARANCES; PARTIES (APPLICANTS).
AUTHORITY GRANTED NOT LIMITED TO COMMODITIES COVERED
BY APPLICATION. See COMMODITIES (SCOPE OF OPERATION).
AUXILIARY SERVICE. See RAIL-AND-MOTOR (COORDINATION OF SERVICES).
BAGGAGE. See also PASSENGERS (CHARTERED OR SPECIAL OPERATION) (COM-
MON CARRIAGE OF PASSENGERS).
"Grandfather" certificate for transportation of baggage in the same vehicle
with passengers also included authority to transport baggage of passengers in a
separate vehicle, under sec. 208 (a) of the act. New England Transp. Co. Com-
mon Carrier Application, 579 (583).
Interruption of Service Due to: See SAVING CLAUSES (INTERRUPTION OF
SERVICE.)
BARGE LINES. See INLAND WATERWAYS (BARGE LINES).
BIDS. See CONVENIENCE AND NECESSITY (EXTENSION OF OPERATION (IN
GENERAL)).
In General: When separate bills of lading are required by the circumstances
they ordinarily constitute separate contracts. Rules under investigation which
provided for aggregating shipments from more than one plant at the point of
origin, on one date, and on separate bills of lading, to make up a truckload, would
not change this basic fact, and were not justified. Iron and Steel Castings,
Dayton, Ohio, to Detroit, Mich., 753 (758).
BONA FIDE OPERATION. See SAVING CLAUSES (BONA FIDE OPERATION).
BOUNDARIES.
Municipalities: See MUNICIPALITIES.
Origin and Destination Territories: See ROUTES (SCOPE OF OPERATION).
BROKERS.
In General: While a broker may within narrow limits lawfully sell, or arrange
for, transportation to be performed by a contract carrier, applicant's future
brokerage operations must conform to 27 M. C. C. 153, prohibiting contacting
of shippers except those with which carrier had bona fide contracts, to prevent
indiscriminate solicitation on behalf of contract carrier, which indirectly would
effect a holding out to the general public inconsistent with the status of such
carrier. Nicolay Broker Application, 441 (446).
Definition: See also AGENTS (CARRIERS').
While in the past applicant sold principally tickets of one motor carrier, its
application was not so restricted, and as it proposed to operate it would not be
either a bona fide agent or an employee of any carrier under sec. 203 (a) (18) of
the act, but would perform a general brokerage service, selling tickets of any
carrier obtainable. Smith's Bus Depot, Inc., Broker Application, 465 (467-468).
Dual Operation: See DUAL OPERATION.
Fees: Applicant for broker's license did not charge the shipper any commission
or like compensation for the procurement of motor transportation subject to
part II of the act, but derived its compensation from charges assessed the motor
carriers, based on the weight of the goods transported by each carrier and passing
through the accounts of applicant's terminal. While not specifically designated
as a commission, this charge in substantial effect was in compensation for appli-
cant's service to motor carriers for the procurement of traffic for them. Union
Warehouse Holding Co. Broker Application, 493 (495).
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