RATE COMPARISONS: Rate on paint from south Chicago to Milwaukee, 112.5 HEARING. IN GENERAL: Contrary to usual practice, purchase application sub- HIGHWAYS. See ROUTES. HOLDING OUT. See Bona Fide, under OPERATION and SAVING CLAUSES. Although Commission recognizes the practical problem of producing witnesses INCREASED RATES. See also CLASS RATES (Minimum-Rate Restriction); GENERAL INCREASES: In considering a general rate increase to meet revenue General increase of 12.5 percent proposed by New England carriers, half of -As class II and III carriers were affected by the same increases in operating 43 M. C. C. high, reasonable rates were fixed on basis of scale previously prescribed as minimum in same territory, increased 20 percent for distances up to 170 miles. Petroleum Products Between Ark., Kans., Mo., and Okla., 261 (267). Increased rates on shoes in New England and to and from eastern N. Y. and N. J., found unreasonable when they were improperly related to distance and existing rates were as high as or higher than proposed rates to Boston. Latter rates would be reasonable if confined to less than truckloads. Boots, Shoes, and Paints in New England, 627 (635). INITIATION OF RATES. Initiation of rate increases to improve their financial condition is within carriers' managerial discretion, and unless their action would jeopardize sound economic conditions. Commission should not prevent management from adopting new bases of rates. The question is not whether the proposal is a wise exercise of managerial discretion, but whether the rates are reasonable and otherwise lawful. Increased Com. Car. Truck Rates in New England, 13 (21). INSURANCE. INSURANCE COMPANIES: Imposition of a minimum financial standard for companies filing motor-carrier insurance would not indirectly subject them to Federal regulation. Commission's duty under sec. 215 to prescribe reasonable regulations for filing and approval of insurance cannot be discharged without authority to prescribe such reasonable standards of eligibility for insurance companies as will provide adequate protection for the public, and prescription of such standards does not constitute supervision. Motor Carrier Insurance for Protection of Public, 355 (359). To require stock companies to maintain a minimum policyholders' surplus of $200,000, not less than $150,000 to be paid-in capital, would be reasonable, as State laws provide less control over free surplus exceeding capital than over minimum capital, and only when such surplus disappears and capital is impaired do most States require a company to cease operating. Minimum capital larger than surplus would better protect policyholders and claimants, and anv reduction in proposed requirement would diminish that protection below a desirable minimum. Id. (363); When 67 percent of the companies which had failed after filing insurance certificates with Commission were nonstock institutions issuing assessable policies, and collection of a substantial percentage of assessments against policyholders was exceptional, requirement that such companies maintain a minimum surplus of $150,000 would not discriminate unfairly against them as compared with stock companies. Id (361); -That nearly all the companies which had failed had never been able to comply with such a standard, and had a poor record in settlement of damage claims, indicated that it was necessary in the public interest, as it would have averted substantial loss to carriers and public. Id. (366). Requirement that insurance companies be licensed by each State covered by the policy protected the public to a greater degree than prescribed minimum financial standard alone, and its elimination would justify prescription of a higher financial standard, which would narrow the insurance market by eliminating some companies meeting that approved. Id. (364). INTERCHANGE. See also TRANSPORTATION. IN GENERAL: "Interchange" connotes reciprocation, and means an undertaking by two or more carriers to transport a shipment from origin to destination. each carrier's service being specifically authorized. A radial carrier may interchange with other carriers at any point in its authorized territory, provided its service begins or ends at an authorized base point; but it may not, under fiction of interchange with itself at the base point, perform nonauthorized service between CONNECTING CARRIERS: Certificate authorizing service to Missoula, Mont., INTERMEDIATE POINTS. See also CONVENIENCE AND NECESSITY (Exten- INTERMEDIATE RULE. Tariff circular provides no intermediate rule for INTERRUPTION OF SERVICE. See SAVING CLAUSES. INTERSTATE COMMERCE ACT. PART II Construed: Sec. 208 (a) (13): PART IV Construed: Sec. 402 (c): 527 (535); Sec.408: 527 (530, 534, 535). INTERVENTIONS. See also APPEARANCES. INTEREST OF INTERVENER: All passenger carriers in territory in which bus line INTRASTATE COMMERCE. INTRASTATE RATES AS BASIS FOR INTERSTATE INVESTIGATION AND SUSPENSION. BURDEN OF PROOF: Carriers should -That increases would not adversely affect shippers did not relieve carriers DISCONTINUANCE OF PROCEEDING: Although Supreme Court's condemnation proceeding, in which suspended rates on 30,000-pound minimum were found JOINT OPERATION. See CONVENIENCE AND NECESSITY (Certificates); JOINT RATES AND FARES. See also CLASS RATES (Minimum-Rate CANCELATION: Restriction of joint rates on printing paper not to apply over -Nor comparison of average truck-mile expense with revenues yielded by JURISDICTION. See DAMAGES, and other pertinent subjects. KEY POINTS. See Assembling anD DISTRIBUTION RATES: RAIL AND MOTOR. MINIMUM CHARge for Single SHIPMENT: Although minimum charges on single Provision in minimum-charge rule for application of different specific charges, -That resulting charge represented a 60-percent increase did not per se estab- LEVEL OF RATES. See PROFIT. LIABILITY OF CARRIERS. See ASSEMBLING AND DISTRIBUTION RATES; LICENSES. See BROKERS; INSURANCE. LIKE CONDITIONS. See ASSEMBLING And DistributION RATES. LINE HAUL. See TERMINAL AREAS. LOADING. See TRANSIT (Stoppage). LOCAL OPERATION. See OPERATION (Bona Fide); ROUTES (Scope of LOSS AND DAMAGE. See ASSEMBLING AND DISTRIBUTION RATES; REASON ABLENESS, ETC. MANAGERIAL DISCRETION. See INITIATION OF RATES. MAXIMUM RATES. See TARIFF CIRCULARS. MINIMUM CHARGES. See INTRASTATE COMMERCE; LESS THAN TRUCKLOAD. MINIMUM RATES. See also CLASS RATES; CONTRACT CARRIERS. IN GENERAL: When rates are assailed as lower than a reasonable minimum, predominant question is whether they are reasonably compensatory. Minn.-N. Dak. Motor Carrier Rates, 289 (304). Rates of certain common and contract carriers on groceries from Twin Cities to Fargo and Grand Forks, N. Dak., found unreasonably low, and reasonable minimum rates determined for minimum weight of 20,000 pounds without predjuice to a higher minimum weight, capable of loading in a single vehicle, for a rate yielding not less than 14 cents a truck-mile for round-trip distance. In view of limited scope of such findings, and general finding of undue prejudice, no order was entered, but carriers should establish approved basis within 60 days. Id. (305). MINIMUM WEIGHTS. See also MINIMUM RATES. INABILITY TO LOAD MINIMUM: Class-rate minimum of 20,000 pounds on glassware was unreasonable when complainant could not always load that amount on defendant's largest vehicle. Reasonable minimum was 18,000 pounds prescribed for commodity rates, on shipments prior to prescribed reduction to 15,000 pounds, and latter minimum thereafter. Federal Glass Co. v. Cleveland, C. & C. Highway, Inc., 721 (722, 723, 725). RATE FACTORS WITH DIFFERENT MINIMA: Rule that when different minimum weights were provided by east and west ratings governing two-factor class rates between Ill. and w. t. 1. territories, the higher would apply to the through rate, approved, as it would not result in unreasonable charges since amounts tendered usually met that minimum. Minimum Rate Restrictions to, from, within Southwest, 161 (166). MIXED TRUCKLOADS. See COMMODITIES (Description). MOOT CASES. See DAMAGES; INVESTIGATION AND SUSPENSION. MUNICIPALITIES. See also TERMINAL AREAS. Motor carriers may lawfully maintain different rates to different zones or areas in the same municipality. Sherwin-Williams Co. v. Advance Transp. Co. of Wis., 186 (188) NATIONAL WAR LABOR BOARD. See SALARIES AND WAGES. OFFICE OF DEFENSE TRANSPORTATION. See RAIL AND MOTOR. OIL-FIELD EQUIPMENT. See SPECIAL SERVICES. OPERATING RATIOS. See INCREASED RATES. OPERATING RIGHTS. See Also BROKERS; BURDEN OF PROOF; COMMON CARRIERS (Qualifications); CONTRACT CARRIERS (Permits); CONVENIENCE AND NECESSITY; HEARING; OPERATION; PASSENGERS; PURCHASE; ROUTES (Radial vs. Nonradial); SAVING CLAUSES. MULTIPLE AUTHORITY PROHIBITED: Applicants engaged in ostensibly separate operations, but having common owners and actually conducting only one business are entitled to but one operating authority. Bekins Van & Stor. Co. Com. Car. Applic., 401 (408, 413). STATE: While possession of intrastate authority over a proposed route does not alone justify grant of interstate authority, it is an element to be considered. particularly when no other carrier provides similar interstate service in the affected territory. Public Serv. Interstate Transp. Co.-Bergen Turnpike, 599 (610. 623). |