contain concurrences or cross-references necessary to make the rule applicable in connection with rates named in the tariff of the destination line; and that there was no holding out to the shipper that the combination rule would be applicable. We repeatedly have rejected similar contentions. In Capital Construction Co. v. East St. L. & S. Ry. Co., 156 I. C. C. 92, at page 93, division 4 said:

In Sligo Iron Store Co. v. W. M. Ry. Co., 62 I. C. C. 643, 73 I. C. C. 551, and in numerous subsequent cases, we have found that where the tariff of a carrier or group of carriers, refers to the rules for constructing combination rates in connection with one factor and no reference is made to such rules in connection with the other factor, there is a holding out of a manner of making a combination rate which the carrier or carriers publishing the tariff making reference to the combination rule must protect. In Standard Oil Co. v. M. V. R. R. Co., 81 I. C. C. 193, 195, it was found that the effect of the restriction of the combination rule was tantamount to the absence of a rule.

We find that the rate charged was inapplicable, and that the applicable rate was $2.92; that complainant made the shipments as described and paid and bore the charges thereon; that it has been damaged thereby in the amount of the difference between the charges paid and those which would have accrued at the rate herein found applicable; and that it is entitled to reparation in the amount of $736.64, with interest, from defendant Illinois Central Railroad Company. An order awarding reparation will be entered.

BRAINERD, Commissioner, dissenting:

The facts in this case are not disputed. The conclusion based thereon, however, is in my opinion erroneous, and I respectfully dissent therefrom.

$9905-30—VOL 157- -33

INVESTIGATION AND SUSPENSION DOCKET No. 30001

CANCELLATION OF COMMODITY RATES ON SEWER PIPE IN CENTRAL FREIGHT ASSOCIATION TERRITORY

INVESTIGATION AND SUSPENSION DOCKET No. 3059

SEWER PIPE AND WALL COPING FROM VARIOUS PENNSYLVANIA POINTS TO NEW ENGLAND AND EASTERN TRUNK-LINE TERRITORIES

Submitted June 20, 1929. Decided October 2, 1929

1. Schedules proposing to increase to sixth-class rates the present commodity rates on vitrified-clay sewer pipe and on wall coping from and to points in central territory, and from Ohio points to certain points in BuffaloPittsburgh territory found not justified. Schedules ordered canceled without prejudice to the filing of new schedules in accordance with the views expressed.

2. Schedules proposing to increase rates on the same commodities from certain points in western Pennsylvania in eastern trunk-line territory to destinations in said territory found not justified. Schedules ordered canceled without prejudice to the filing of new schedules in accordance with the views expressed.

3. Rates on the same commodities from Craigsville, Pa., to destinations in eastern trunk-line and New England territories found unreasonable and unduly prejudicial for the future to the extent they exceed 90 per cent of the sixth-class rates. Rates on the same commodities from St. Marys, Brockway, Patton, and Clearfield, Pa., to the same destinations found unduly preferential of said points to the extent they are or may be less than 90 per cent of the sixth-class rates.

4. Rate from Uhrichsville, Ohio, to Williamsville, N. Y., found not unreasonable in the past, but unreasonable for the future to the extent it may exceed 90 per cent of the sixth-class rate.

Earle C. Calhoun, Anthony P. Donadio, Joseph F. Eshelman, Wilson & Rector, Harrison W. Smith, Squire, Sanders & Dempsey, Paul L. Holden, and Andrew P. Martin for respondent Central Freight Association carriers.

Earle C. Calhoun, Elliot W. Gumaer, Anthony P. Donadio, and Joseph F. Eshelman for respondent eastern trunk-line carriers.

1 This report also includes No. 19886, Graff-Kittanning Clay Products Company e. Atlantic City Railway Company et al.; and No. 19975, Evans Pipe Company et al. . Baltimore & Ohio Railroad Company et al.

Charles E. Bell, Edwin Brooker, C. H. Hudson, Frank H. Cull, J. C. Iselin, B. R. Shepherd, H. B. Badenhamer, T. M. Mulderig, Ross W. Smith, John Ihnot, R. A. Ellison, W. D. Wells for various protestants.

William W. Collin, jr., for Graff-Kittanning Clay Products Company.

John Ihnot for complainants, and Charles R. Webber and Francis R. Cross for defendants, in No. 19975.

REPORT OF THE COMMISSION

DIVISION 4, COMMISSIONERS MEYER, EASTMAN, AND WOODLOCK WOODLOCK, Commissioner:

These cases were heard upon a single record, except No. 19975 which was heard separately. Proposed reports were served to which exceptions were filed.

All these proceedings concern the present structure of rates on vitrified-clay sewer pipe and wall coping from producing points in Ohio, Indiana, and western Pennsylvania to points within those States, intrastate; and, interstate, from said producing points to points in central territory, from central territory to points in the Buffalo-Pittsburgh territory, and from points in western Pennsylvania to points in eastern trunk-line and New England territories. Sixth-class rates are in effect from some of the points and commodity rates less than sixth class are in effect from others.

In I. and S. Docket No. 3000 respondents propose to cancel all commodity rates on vitrified-clay sewer pipe and wall coping from producing points in Ohio and Indiana to points in central territory (except from Brazil and Mecca, Ind., to points in Illinois), and all commodity rates from producing points in Ohio to certain points in western New York and western Pennsylvania in Buffalo-Pittsburgh territory and to establish sixth-class rates in lieu thereof. Upon protest by various interested shippers, the schedules were suspended until June 1, 1928. Respondents have voluntarily postponed the effective date until November 1, 1929.

There is pending before the Public Utilities Commission of the State of Ohio a petition by the carriers asking for modification of existing orders of that body which prescribe that rates on vitrifiedclay sewer pipe and other clay products within Ohio shall be 75 per cent of the sixth-class rates in effect in central territory.

The Public Service Commission of Indiana has suspended tariffs of the carriers which propose to cancel the present intrastate rates on the same commodities in that State which are based upon 80 per cent of the sixth-class rates in central territory.

In I. and S. Docket No. 3059 carriers serving western Pennsylvania propose to cancel commodity rates now in effect from producing points therein, known as the Clearfield district, to certain destinations in eastern trunk-line territory and to make effective higher rates in lieu thereof. Upon protest, these schedules were suspended until September 10, 1928. Respondents have voluntarily postponed the effective date thereof until November 10, 1929.

The schedules containing the proposed changes in I. and S. 3059 followed the filing with us of the complaint in No. 19886. In that case, complainant, a manufacturer of sewer pipe at Craigsville, a producing point in Pennsylvania west of the Clearfield district, alleged that the joint sixth-class rates applicable on that commodity, from Craigsville to eastern trunk-line and New England points, are unreasonable and unduly prejudicial as compared with commodity rates on like products from competing producing points in the Clearfield district. The said competing points are alleged to be unduly preferred by the present commodity rates to the same destination territory.

The carriers also propose to increase the intrastate rates from Clearfield to points in Pennsylvania. Two complaints have been filed with the Public Service Commission of that State. One alleges that the proposed increased intrastate rates from the Clearfield district are unreasonable, and the other alleges that the present joint intrastate rates from Craigsville are unreasonable and unduly prejudicial.

Each of these cases was assigned for hearing at the same time and place and a joint record made before an examiner of this commission and representatives of the State commissions of Indiana, Ohio, and Pennsylvania.

In No. 19975 it is alleged that the sixth-class rate on vitrifiedclay sewer pipe from Uhrichsville, Ohio, to Williamsville, N. Y., is unreasonable and unduly prejudicial. We are asked to prescribe a reasonable rate and award reparation.

Rates will be stated in cents per 100 pounds unless otherwise indicated.

The production of wall coping as a whole is small in comparison with the production of sewer pipe. Wall coping is included in tariffs naming rates on sewer pipe to permit the mixing of the two in shipments to dealers. It has been customary to carry the two commodities upon the same rates and the parties are agreed that this should be continued.

Sewer pipe in official classification, including vitrified-clay and concrete pipe, in carloads, is rated sixth-class, minimum 26,000 pounds, subject to rule 34 with respect to cars longer than 36 feet 6 inches. Wall coping is rated sixth class, minimum 30,000 pounds.

RATES IN CENTRAL TERRITORY

The manufacture of vitrified-clay sewer pipe began at Akron, Ohio, and points near by grouped therewith. Later, plants were established at various other points 2 in eastern and southeastern Ohio, referred to as the Toronto, Uhrichsville, and Logan districts, and in southern Ohio, at Black Fork and Oak Hill.

Sixth-class rates are in effect on interstate traffic from the Akron district to points in official territory; also from the Toronto district, except to certain points in western New York and western Pennsylvania to which commodity rates apply. The rates from the Akron district, in so far as central territory is concerned, are regarded by the carriers as the key rates.

From the Uhrichsville district, which is about 57 miles south of Akron, specific commodity rates are in effect to points in Indiana, Illinois, Michigan, and Wisconsin, to Buffalo, N. Y., to Pittsburgh, Pa., to points taking the same rates, and to Oil City and Meadville, Pa. Generally, sixth-class rates apply to eastern trunk-line points.

Commodity rates from Uhrichsville to points west of the OhioIndiana State line were established in 1901 and were the first departures from the sixth-class basis. They were put in to permit producers of sewer pipe at Uhrichsville to compete with producers in the Akron district and for this reason were made the same as sixthclass rates from Akron which were less than the sixth-class rates from Uhrichsville in effect at that time.

Rates from the Logan district, which is about 80 miles southwest of Uhrichsville, later were placed upon the same basis as the rates from Uhrichsville, except to points to which the sixth-class rates from Logan were lower. Similarly, Black Fork, 226 miles from Akron, was accorded the same commodity rates as those in effect from Uhrichsville. Rates from Black Fork to Buffalo, Pittsburgh, and Oil City, were established somewhat higher than the commodity rates from Uhrichsville, but lower than the sixth-class rates from Black Fork.

Changes in the class-rate structure, brought about by the general readjustment made in 1917 and 1918 in central territory, increased the sixth-class rates from Akron, but the carriers did not change the commodity rates from Uhrichsville and the other Ohio points based

At Toronto, Freemans, Empire, Port Huron, Irondale, and Wellesville, points in eastern Ohio on the Pennsylvania Railroad along the Ohio River, referred to as the Toronto district, or the Ohio River district. At Uhrichsville, Dennison, Goshen, Midvale, and Parral, Ohio, referred to as the Ubrichsville district, situated south of Akron and west of the Toronto district. At Logan, Haydenville, and Nelsonville, Ohio, in southeastern Ohio, and at Junction City, Ohio, about 15 miles north of Logan, referred to herein as the Logan district.