Weirton, W. Va., to and from Ohio. Passenger fares, 220.

Wellsburg, W. Va., to and from Ohio. Passenger fares, 220.
West Coplay, Pa., to W., B. & A. stations. Cement; joint rates, 264.
Western classification territory.

282.

Western territory. Livestock, 107.

Rating on paint or varnish spraying booths,

West Point, Ga., from various points. Horses and mules, 6.

West Virginia to and from Ohio and West Virginia. Passenger fares, 220.
West Virginia to various destinations, fabricated in transit at Parkersburg,
W. Va. Iron and steel, 363.

West Virginia mines to various destinations. Coal; divisions, 197.

Wickliffe, Ohio, to Cleveland, Ohio. Brick, 439.

Williston, N. Dak., from Marseilles and East St. Louis, Ill. Prepared roofing and roofing material, 65.

Willmar, Minn., from Marseilles and East St. Louis, Ill. Prepared roofing and roofing material, 65.

Wilsonburg, W. Va., from Port Owen, N. Y. Electric blasting caps, 213.

Winters, Ky., to Seven Mile Road yard, Detroit, Mich. Coal, 392.

Winton, Pa., to Detroit, Mich. Anthracite coal, 349.

Wisconsin from California and Oregon. Lumber and forest products, 125. Wyoming from Marseilles and East St. Louis, Ill. Prepared roofing and roofing material, 65.

Wyoming region, Pa., to New York. Anthracite coal, 193.

Yamachiche, Quebec, Canada, to Baltimore, Md. Bog iron ore, 135.

Yankton, S. Dak., from Marseilles and East St. Louis, Ill. Prepared roofing and roofing material, 65.

Zanesville, Ohio, to Seattle, Wash., for export. Steel articles, 86.

63 1. C. C.

INDEX DIGEST.

[The numbers in parentheses following citations indicate pages on which subjects are
considered.]

ABSORPTION. See also SWITCHING.

Contention that assessment of switching charges in addition to line-haul rate
against shippers taking delivery on public team tracks, and absorption
of such charges in the case of industries served by private tracks results
in undue prejudice, Held: Rate adjustment within Chicago district is
exceedingly complex and ordinary prudence dictates that the Commis-
sion should not prescribe a change in this adjustment or require a reduc-
tion in any specific rate therein, except after careful examination of all
the facts, both as regards the rate itself and also its relation to the gen-
eral adjustment. Silica Sand Producers Asso. v. C., B. & Q. R. R. Co.,
217 (219).

Following Chicago, Milwaukee & St. Paul Ry. Co. v. G. N. Ry. Co., 49 I. C.
C., 302, absorption by one carrier of the line-haul charges of another as a
means of establishing through rates, found unlawful. Commodity Rates
on Brick from Danville to Bronson, Ill., 277 (278).

ACTUAL WEIGHT. See WEIGHT.

ADJACENT FOREIGN COUNTRY. See CANADA; MEXICO.

ADJUSTMENT OF RATES. See also RELATIONSHIP OF RATES; RELATIVE
RATES.

The most practicable way of correcting the maladjustment of rates on
horses and mules from various points to destinations in Alabama and
Georgia found to be the establishment of the distance rates to all points
in the southeast suggested at the hearing. Hudson Mule Co. v. L. & N.
R. R. Co., 6 (13).

Upon complaint seeking elimination of the general increases in rates on
ordinary live stock within the western and mountain-Pacific groups estab-
lished pursuant to general order No. 28 and Increased Rates, 1920, 58
I. C. C., 220, based primarily on economic considerations, the contention
being that it is impossible for the industry to thrive under the present
rates, and that they tend to injure business generally, Held: Rates as a
whole, found not unjust or unreasonable but basis of readjustment sug-
gested and record held open. National Live Stock Shippers' League v.
A., T. & S. F. Ry. Co., 107.

If it be true that the Commission may find existing rates unjust and un-
reasonable, and require that they be reduced below what would be justi-
fied by standards heretofore recognized, because an industry is not pros-
pering, then the converse must be true, that at times when the industry
prospers the Commission may find justified rates higher than those which
under accepted standards would be just and reasonable. The foundations
of what is just and reasonable are not set on such shifting sands. Id.
(116).

ADJUSTMENT OF RATES-Continued.

Upon further hearing, original report 58 I. C. C., 610, modified in so far
as it prescribes between Natchez, Miss., and points in western Louisiana
c. 1. commodity rates on brick; on grain and grain products and hay and
straw, for distances in excess of 180 miles; and on flour; by substituting
therefor the maximum distance scale and minima herein prescribed.
Natchez Chamber of Commerce v. L. & A. Ry. Co., 288 (298-299).
Upon further hearing, original report 58 I. C. C., 610, rates between
Vicksburg, Miss., and points in western Louisiana on various commodities
found unreasonable for the future to extent they exceed rates on the
same commodities for like distances between Natchez, Miss., and points
in Western Louisiana. Id. (299).

Upon further hearing, original report 58 I. C. C., 610, modified to pro-
vide that the description applicable in connection with rates on junk,
and stop-over arrangements applicable in connection with rates on scrap
iron and junk between Natchez, Miss., and points in western Louisiana
shall be the same as those applicable in connection with rates in effect
between Shreveport, La., and points in Texas common-point territory.
Id. (299).

Rates on cattle, sheep, and hogs from Cincinnati, Ohio, Louisville, Ky.,
Nashville, Tenn., and related points to Knoxville, Tenn., found not un-
reasonable as compared with lower rates from Nashville to points other
than Knoxville and from Knoxville to other points. Maladjustment
found to result in undue prejudice and removal required by establishment
of the distance scale approved in Hudson Mule Co., 63 I. C. C., 6. East
Tennessee Packing Co. v. Director General, as Agent, 322.
ADMINISTRATIVE RULINGS. See RULES OF PRACTICE; TARIFF CIRCULAR

18-A.

ADVANCE IN RATES. See also DOUBLE INCREASE.

Booths, spraying, paint or varnish: Proposed rating of double first-class
in official, southern, and western classifications on, any quantity, found
justified on shipments set up, but a rating higher than one and one-half
times first class on such shipments when knocked down, found not jus-
tified. Ratings on Paint or Varnish Spraying Booths, 282.

Brick:

Rate for switching brick between points within the switching limits
of Sioux City, Iowa, as increased by the Director General under
general order No. 28, found unreasonable to extent it exceeded the
rate on higher grade and lighter loading commodities. Reparation
awarded. Sioux City Brick & Tile Co. v. Director General, as Agent,
211.

Proposed cancellation of switching charges on, from Danville, Ill.,
to Bronson, Ill., destined beyond, leaving in effect higher combina-
tion rates found not justified. Proposed cancellation was the out-
growth of a dispute between the carriers over divisions. Commodity
Rates on Brick from Danville to Bronson, Ill., 277.

Cement: Proposed cancellation of joint rates on, from certain points in
New Jersey, New York, and Pennsylvania to destinations on the W.,
B. & A. E. R. R., an electric line, leaving in effect, in certain instances,
higher combination rates, found not justified. Cement to W., B. & A.
Stations, 264.

ADVANCE IN RATES-Continued.

Coal, anthracite : Proposed increased rates on, from the Wyoming, Lehigh,
and Schuylkill regions in Pennsylvania to stations in New York, de-
signed to provide substantially the same rates for one-line as for joint-
line hauls to common points, and to equalize the relationship of the
various communities with each other, found not justified. Difference
between one-line and joint-line rates too great and while removal of
the inequalities is desirable, any increase of the basic rates, estab-
lished after thorough investigation in Rates for the Transportation of
Anthracite Coal, 35 I. C. C., 220, requires clear proof of reasonableness
which the record does not contain. Anthracite Coal to New York Sta-
tions, 193.

Express rates:

Proposed increased express rates on interstate traffic between points in
Maine on the Bangor & Aroostook R. R. found not justified. While
operating conditions on that line are more difficult than on other
roads in the same zone, this fact in and of itself would not justify
applying a different basis of rates than is in effect over such other
lines. To hold otherwise would obviously involve abandonment of
the present zone system approved in Express Rates, Practices, Ac-
counts, and Revenues, 24 I. C. C., 380, and 28 I. C. C., 131. Express
Rates on Bangor & Aroostook R. R., 452.

Fact that the divisions of express rates accruing to the rail carrier are
inequitable affords no justification for increasing those rates. Id.
(454).

Live stock: Upon complaint seeking elimination of the general increases in
rates on ordinary live stock within the western and mountain-Pacific
groups established pursuant to general order 28 and Increased Rates,
1920, 58 I. C. C., 220, based primarily on economic considerations, the
contention being that it is impossible for the industry to thrive under
the present rates, and that they tend to injure business generally,
Held: Rates, as a whole, found not unjust or unreasonable but basis or .
readjustment suggested and record held open. National Live Stock
Shippers' League v. A., T. & S. F. Ry. Co., 107.

Lumber and forest products: Proposal of carriers to withdraw from par-
ticipation in joint rates, due to dissatisfaction with divisions, found not
justified. Proposed withdrawal would result in higher combination rates
which would be relatively unreasonable, and disagreements among car-
riers relative to divisions do not justify cancellation of joint rates.
Lumber Rates from Pacific Coast, 125.

Milk and cream:

Proposed rule requiring a minimum of 6,120 quarts on 1. c. 1. ship-
ments of milk and cream in open-iced cars found not justified but
respondents authorized to establish a rule requiring a minimum of
5,100 quarts as a condition precedent to the use of special baggage
or open-ice car service, approved in Albree Case, 22 I. C. C., 303, 322.
Minimum on Less-than-Carload Milk and Cream, 448.

The percentage of increase in milk and cream rates authorized in In-
creased Rates, 1920, 58 I. C. C., 220, dealt only with rates and did
not relate to increases in the minimum quantities of milk and cream
required for shipment. Id. (448).

ADVANCE IN RATES-Continued.

Naval stores: Proposed increased rates on, between south Atlantic ports,
and from intermediate interior points to the ports, found not justified.
Naval Stores between South Atlantic Ports, 450.

Ore, bog iron: Contention that rates on, were illegal because increased
25 per cent under general order No. 28 of the Director General, while on
other iron ores a flat increase of 30 cents was applied under the terms
of that order, Held: Following Anaconda Copper Mining Co., 57 I. C. C.,
723, failure to observe strictly the terms of general order No. 28 did not
in itself defeat the validity of the published rate. Consolidated Gas Co.
v. Director General, as Agent, 135 (138).

Rice: Former rates on rough rice from California to Lake Charles, La.,
and on clean rice from Lake Charles to New Orleans, La., when for ex-
port or for beyond, and as subsequently increased under general order
No. 28 of the Director General, found not unreasonable. Lake Charles
Rice Milling Co. v. A. & N. Ry. Co., 18 (40).
Switching charges: Proposal of the Mobile & Ohio R. R. to withdraw its
charges for switching interstate shipments between its interchange con-
nection with the Gulf, Mobile & Northern at Tacon, Ala., on the one
hand, and wharves and industries on its own line and points of inter-
change with other carriers at Mobile, Ala., on the other hand, which
would result in the application of local rates and the imposition of ma-
terially higher charges upon shippers and receivers of freight, found not
justified. Just and reasonable charges suggested. Switching Arrange-
ments at Mobile, 279.

Wood, pulp: Following Pulp Wood to Kingsport, 62 I. C. C., 277, proposed
increased rates on, from points in South Carolina to Canton, N. C., found
not justified. Pulp Wood from South Carolina to Canton, N. C., 287.
ADVANTAGES AND DISADVANTAGES. See LOCATION.

AFFIDAVIT.

Shipments made subsequent to hearing authorized to be included in repara-
tion statement under Rule V of the Commission's Rules of Practice if
accompanied by proof in the form of an affidavit that shipments were
made and charges were paid and borne by complainant, with understand-
ing that if defendants object to proof in affidavit form they may request
further hearing. Macon Chamber of Commerce v. N. Y., N. H. & H.
R. R. Co., 327 (334).

Refusal of defendants to perform interchange switching in complainant's
plant at New Boston, Ohio, beyond the interchange tracks, or to grant
in lieu thereof an allowance in money found not unjustly discriminatory
or unduly prejudicial to complainant in favor of its competitors for
whom such service is performed, as conditions at the respective plants
are substantially dissimilar. Whitaker-Glessner Co. v. B. & O. R. R.
Co., 47.

Commission can require carriers to perform interchange switching if found
to be a reasonable transportation service incident to the line haul, but
it can not compel them to act as a unit, or to do the work at the con-
venience and to the satisfaction of shipper. It can not order carriers
to make an allowance. Whether a shipper shall receive an allowance
in lieu of such switching service is optional with the carriers. Id. (56).