On bituminous coal to Niles Center, Ill., from interstate points, each factor of the
combination rate, based on Chicago, Ill., was increased 15 per cent by order of
the Director General. Held: Double increase not justified and through rate un-
reasonable to extent it exceeds by more than 15 cents the rates to Chicago.
Reparation denied. Stielow Bros. Co. v. C. & N. W. Ry. Co., 339 (343).
On old rails and angle bars from Jersey City, N. J., to Louin, Miss., charges found
illegal and unreasonable to extent they exceeded the subsequently established
commodity rate for the movement from New York to Louin. Reparation
awarded. Zelnicker Supply Co. v. M. S. S. Co., 363.
Combination rate on nitrating acid, from Louviers, Colo., to Hopewell, Va., found
unreasonable due to the factor from Louviers to St. Louis, Mo. Reparation
awarded. Du Pont de Nemours Powder Co. v. D. & R. G. R. R. Co., 427.
Rates on vehicle parts from c. f. a. territory and Ohio River crossings to Rock
Hill, S. C., not found unreasonable but found unduly prejudicial to Rock Hill
to extent that factors south of the Virginia cities exceeded by more than specified
amounts the factors applied on like traffic to Charlotte and Monroe, N. C.
Rock Hill Buggy Co. (Inc.) v. S. Ry. Co., 583 (588,589).
FARES. See PASSENGER FARES.
FEDERAL CONTROL ACT.
Recognition must be given to changed conditions resulting from federal operation
of railroads as a unified transportation system. Natchez Chamber of Commerce
v. L. & A. Ry. Co., 105 (123).
Natchez, La., is laboring under greater prejudice than existed at time original
complaint was brought as result of, and confirms the Commission's view that
a uniform distance scale should be applied. Id. (130).
Record insufficient for determination of reasonableness of scale of rates suggested
by Director General for general adoption in Louisiana and northern Arkansas,
slightly lower than the Shreveport scale increased by 25 per cent. Id. (131).
On bituminous coal to Niles Center, Ill., from interstate points, each factor of the
combination rate based on Chicago, Ill., was increased 15 per cent by order of the
Director General. Held: Double increase not justified and through rate un-
reasonable to extent it exceeds by more than 15 cents the rates to Chicago.
Reparation denied. Stielow Bros. Co. v. C. & N. W. Ry. Co., 339 (343).
The present adjustment having removed the cause of complaint, and the Director
General of Railroads not having been made a party defendant, complaint
attacking rate on sugar from New Orleans, La., to Harrodsburg, Ky., dismissed.
Curry Grocery Co. (Inc.) v. S. Ry. Co., 373.
Complainant testified that the present divisions are grossly inadequate, and that
its financial statements for a number of years show a deficit. Held: The measure
of proper divisions may not be influenced by complainant's financial needs.
Laona & Northern R. R. Co. v. M., St. P. & S. S. M. Ry. Co., 7 (8).
Needs of lines of unmistakable weakness should be provided for. Natchez
Chamber of Commerce v. L. & A. Ry. Co., 105 (129).
The Commission looks to the substance and as a practical matter complainants
are entitled to a finding whether or not fares were violative of the act, even
though that finding is barren of a predicate for future affirmative relief. Com-
mercial Club of Omaha v. B. & O. R. R. Co., 255 (258-259).
Proposed clause making carrier's liability as warehouseman for loss, damage, or
delay caused by fire, dependent upon the sending or giving of notice of arrival,
and not upon delivery, or tender of delivery, should be removed and clause
changed in manner herein provided. Bills of Lading, 671 (702).
In fixing scale rates on cement between specific points, distance via shortest
routes embracing as a maximum the lines or parts of lines of no more than three
carriers should be used in lieu of short-line workable distance prescribed in
48 I. C. C., 201. Western Cement Rates, 225 (229).
Method to be used in constructing new key point rates for application in consoli-
dated scale territories I and II. Id. (231).
In making commodity rates, the rate maker must observe the law, which requires
that rates shall be reasonable in and of themselves and also reasonable by rela-
tion. Rates on Lumber and Lumber Products, 598 (628).
On glass bottles from Poteau, Okla., to Dallas, Tex., complainant loaded excess
into second car of larger dimensions. Contention that charges on excess should
have been based on actual weight, Held: Charges assessed legally applicable
and not unreasonable, as they could have been avoided by properly distrib-
uting the shipment. Bayless Co. v. K. C. S. Ry. Co., 10.
On horses from Pittsburgh, Pa., to Jersey City, N. J., no follow-lot rule in effect.
Commercial horse cars ordered. Ordinary stock cars of smaller capacity ac-
accepted. Upon reargument, Held: Express charges unreasonable to extent they
exceeded those that would have accrued had a follow-lot rule been in effect,
Reparation awarded. Northwestern Trading Co. (Inc.) v. Adams Exp. Co.,
FOREIGN COUNTRY. See ADJACENT FOREIGN COUNTRY; NONADJACENT FOREIGN
COUNTRY.
FREE TIME. See also DEMURRAGE.
Contention that free time allowance of five days at the Lake Erie ports to permit
the accumulation of a cargo and the unloading into vessels, is insufficient, Held:
Not an unreasonable limitation. Cabin Creek Consolidated Coal Co. v. C.,
H. & D. Ry. Co., 181 (183).
Consignees may avail themselves of full free time before removal of goods and
carrier is not released from liability while goods are in its custody. Bills of
Lading, 671 (702).
GATEWAYS. See also RIVER CROSSINGS.
Rates on new tank cars from Milton and Sharon, Pa., and Warren, Ohio, via Vir-
ginia cities or Ohio River crossings, to the southeast, exceeded those based on
short-line workable routes to and from the gateways through which they moved,
or by combination of official classification ratings to the gateways and southern
lines commodity rates beyond. Reparation awarded. Aetna Explosives Co.
v. A. G. S. R. R. Co., 235.
İf cars had not been specifically routed by complainant, lowest combination of
rates would have applied, but having routed through particular junctions, it
can not complain because a lower rate applied via some other junction. Id.
(238).
Grouping of the Kansas gas belt, including Dewey, Okla., and averaging of the
distances therefrom where the short routes are through Kansas City, adhered to,
but where the short routes are not through Kansas City, the short-line distance
measured from Chanute, Kans., should be used for all mills in the group. West-
ern Cement Rates, 225 (229).
Oglesby, Deer Park, La Salle, and Utica, Ill., points situated in close proximity,
should be grouped and given the same rates. Id. (232).
Nature of group rates must be borne in mind when comparisons are made, but
this can not be advanced as justification for group rates which are unduly preju-
dicial. Natchez Chamber of Commerce v. A. H. T. Ry. Co., 558 (565).
GROUPS.
With disappearance of water competition, responsible for the grouping, the
boundaries of the group are more than ever artificial, and there appears to be
just reasons for maintaining equal rates to other junction points beyond the
group, they being subject to like carrier competition and in position to serve
the same territory. Natchez Chamber of Commerce v. L. & A. Ry. Co., 105
(123).
There must be strong, compelling, and lawfully recognizable reasons for approval
of rate groups, and a showing of unlawful discrimination is always sufficient
for disapproval. Id. (124).
Commercial conditions offer no valid reason for further approval of the group,
and carrier competition can not be accepted as justification of the grouping.
Id. (124).
In any group arrangement of rates there generally exists inequality both of dis-
tance and of earnings as between the various points within the group. Texas
Cement Plaster Co. v. A., T. & S. F. Ry. Co., 293 (296).
On nitrate of soda from Chile, South America, to Pensacola, Fla., there stored in
warehouses and subsequently forwarded to North Birmingham, Ala., im-
· port rate, applicable for ship side, assessed. Domestic rate, applicable from
warehouses, legally applicable. Held: Rate legally applicable not found
unreasonable or unlawful as compared with rate from Pensacola to Corinth,
Miss. Refund of overcharges directed. Aetna Explosives Co. v. L. & N. R.
R. Co., 391.
On a less-than-carload shipment of egg albumen from Tacoma, Wash., to Chicago,
Ill., no specific rating in effect. First-class rate assessed found unreasonable
to extent it exceeded lower import commodity rate subsequently established.
Reparation awarded. Bernard, Judae & Co. v. C., M. & St. P. Ry. Co., 361.
INBOUND AND OUTBOUND.
Carload commodity rates on wholesale groceries from Chicago and Rock Island,
Ill., and Duluth and St. Paul, Minn., to Mobridge, S. Dak., found unduly prej-
udicial in favor of Aberdeen, S. Dak., but as to outbound less-than-carload
rates not unduly prejudicial. Mobridge Grocery Co. v. C., M. & St. P. Ry. Co.,
307 (315).
INFORMAL COMPLAINT. See LIMITATION OF ACTION.
Tariff rule that denies to consignee the right of inspection of cases of eggs that
show no external evidence of damage, and exacts from such consignees “good
order" or "apparent good order” receipts, held to be unreasonable in that it
forces from shipper an apparent admission which may be used to prevent col-
lection of lawful claims. National Poultry, Butter & Egg Asso. v. N. Y. C. R. R.
Co., 47 (60).
Lack of space for inspection, or any other limitation to the carrier's facilities
must not be made the excuse for a rule that denies to shippers a lawful
right. Id. (56).
If it has been necessary to recooper any cases of eggs during transportation or to
transfer a carload from one car to another, or if the load or any part of it has
shifted, or if any cases show external evidence of damage, the consignee should
be accorded an inspection of all the cases necessary to determine condition of
the shipment, and receipt should be given in accordance therewith. Id. (60). ́
Upon discovering eggs deteriorated by heat or cold in any shipment, the consignee
shall be entitled to a joint examination of the entire contents of the shipment.
Id. (60).
Where carrier's station does not admit of the examination of a given shipment
of eggs which requires inspection, the consignee shall be entitled to demand
an examination of such shipment at his own warehouse. Id. (60).
INSPECTION IN TRANSIT. See TRANSIT ARRANGEMENTS (STORAGE AND IN-
SPECTION).
INTENTION.
Carriers can not always ascertain intentions of shippers, but where it is apparent
from the surrounding circumstances and the manner in which a shipment is
handled that the transaction is not is good faith, the Commission will look to
what is actually done and the necessary effect thereof, irrespective of incidents
of billing or transparent devices intended to defeat the law. Tuckerton R. R.
Co. v. P. R. R. Co., 319 (322).
Charge of $6 per car for switching traffic between complainant's plant and point
of interchange with the B. & O. R. R., at Hutton, Md., found unreasonable to
extent it exceeded $4 per car, subsequently established and prescribed
herein as maximum for the future. Reparation awarded. Tioga Tanning Co. v.
Preston R. R. Co., 252.
INVESTIGATION.
Big Sandy & Cumberland R. R. Co., 347.
Classification of Lumber and Lumber Products, 598.
Application of distance scale between Natchez, Miss., and Texas points will
undoubtedly break up Louisiana common-point territory, and while the rates
to and from these common points are not strictly in issue, the effect upon them
of changes made in the Natchez rates should be taken into account. Natchez
Chamber of Commerce v. A. H. T. Ry. Co., 558 (567).
Carload commodity rates on wholesale groceries from Chicago and Rock Island,
Ill., and Duluth and St. Paul, Minn., to Mobridge, S. Dak., found unduly prej-
udicial in favor of Aberdeen, S. Dak., but as to outbound less-than-carload rates
not unduly prejudicial. Mobridge Grocery Co. v. C., M. & St. P. Ry. Co.,
307 (315).
Aberdeen, S. Dak., enjoys an advantage in jobbers' rates on wholesale groceries
from Chicago, Ill., under Mobridge, S. Dak. Complainant at Mobridge asks
adjustment so as to enable it to compete on a parity with Aberdeen. Held: Such
facts insufficient to warrant finding of undue or unreasonable prejudice or
disadvantage. Id. (308).
Failure of carriers to accord Natchez joint rates and specific through rates to and
from western Louisiana and southern Arkansas points in such manner and to
the same extent as between western Louisiana points and between western
Louisiana and southern Arkansas points, found to subject Natchez to undue
prejudice. Natchez Chamber of Commerce v. L. & A. Ry. Co., 105 (128).
No conditions disclosed to justify establishment of joint rates on bituminous coal
from Rapson, Colo., to points in Oklahoma and Kansas, via Amarillo, Tex.
Rates charged found unreasonable and reasonable rates prescribed. Rapson
Coal Mining Co. v. C. & S. Ry. Co., 164.
Contention that maintenance of joint rates from mines in southern Illinois on the
I. C. R. R., to points in northern Indiana and Ohio and lower Michigan, while
failing to maintain such rates from mines on the I. C., in western Kentucky,
subjects western Kentucky mines to undue prejudice. Held: No evidence to
support contention that same joint rates should apply. Ohio Valley Coal
Operators Asso. v. L. & N. R. R. Co., 187 (188, 196).
Not in excess of those maintained from Oklahoma group points prescribed on
gasoline from points on complainant's line south of Coffeyville, Kans., to St.
Louis, Mo., and points taking the same rates over complainant's line to Coffey-
ville and the A., T. & S. F. and the M., K. & T. railways beyond. *Union Trac-
tion Co. v. A., T. & S. F. Ry. Co., 281 (285).
Rates legally applicable on scrap iron and scrap rails from Houston, Tex., to
Richmond, Va., not shown unreasonable. Shipment of scrap iron found over-
charged. Reparation awarded. Joseph Iron Co. v. A. G. S. R. R. Co., 22.
JURISDICTION.
Commission has no jurisdiction over loss and damage claims. National Poultry,
Butter & Egg Asso. v. N. Y. C. R. R. Co., 47 (57).
Commission no power to require carriers to placard cars, run special trains, or to
equip cars with special devices for transportation of eggs. Id. (59).
Not the function of the Commission to regulate commercial competition.
Natchez Chamber of Commerce v. L. & A. Ry. Co., 105 (122-123).
Commission's jurisdiction over traffic from Canada into the United States is
limited to that portion of the haul performed within the United States. Lar-
rowe Milling Co. v. C., W. & L. E. R. R., 145 (147).
Commission has power to prescribe reasonable compensation to be paid for use
of cars not owned by common carriers under section 1, as amended, and sec-
tion 15. Armour & Co. v. E. P. & S. W. Co., 240 (245, 247).
The Commission has jurisdiction of carriers in the United States from any point
to the border line. Commercial Club of Omaha v. B. & O. R. R. Co., 255 (258).
Power of the Commission to determine whether or not fares were discriminatory
or preferential may not be defeated by the fact that those fares expired by
tariff provision before a decision could be rendered. Id. (258).
The Commission has power in a proper case to order carriers serving Kansas City,
Mo., which do not serve Omaha, Nebr., to cease and desist from continuing a
rate adjustment which unduly prejudices Omaha. Id. (264).
The Commission is empowered, under sections 1, 3, and 15, to effect a rate rela-
tionship between lumber and lumber products. Rates on Lumber and Lum-
ber Products, 598 (603).
Power of Commission to require carriers to furnish transportation "upon reason-
able request therefor" is not brought in issue by the establishment of a new
classification of articles which carriers definitely hold themselves out to trans-
port. Id. (603).
Enforcement of liability of carriers for loss or damage to shipments not within
jurisdiction of the Commission. Bills of Lading, 671 (685).
Extent of Commission's jurisdiction governing terms and conditions that carriers
may write into their bills of lading. Id. (685).
Of Commission over bills of lading. Id. (686).
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