Export Bills: Proposed rules providing for issuance of through export bills of
lading not more than 10 days prior to due date of ship's arrival at the port, and
for issuance of through export bills of lading in exchange for domestic bills of
lading provided due date of ship's arrival at the port is not more than 10 days
from date of domestic bill of lading, found not justified, without prejudice to
new schedules establishing a limitation of 15 days including Sundays and legal
holidays. Export Bills of Lading Rules in South, 365.
That rules of carriers governing issuance or exchange of through export bills
of lading differed, did not establish undue prejudice. Id. (365).
Routing: Shipment tendered to steamship line for water-and-rail movement,
and forwarded over its line in accordance with bill-of-lading routing, was not
misrouted, although through rate named in bill of lading did not apply via that
line. As initial carrier, it was entitled to a line haul and was not obligated to
protect the lower rate named by delivering shipment at origin point to a com-
peting line over which such rate applied. Charles Ilfeld Co. v. Southern Pac.
S. S. Lines, 291 (295–296).
BILLS OF PARTICULARS. See MOTIONS.
Classification Territories: Since Chicago, R. I. & P. Ry. between Kansas
City and Pleasant Hill, Mo., closely paralleled Missouri Pac. R. to the north,
prescription in 171 I. C. C. 381 of southwestern basis of rates on refined petroleum
products to Missouri points "on and south of" the Rock Island compelled that
carrier to charge a higher rate when acting as delivering carrier, and diverted
traffic to Missouri Pacific stations to which western trunk-line basis applied.
Elimination of the words "on and" from the territorial description would align
the boundary between western trunk-line and southwestern territories on such
traffic to conform to that fixed in the class-rate and other major adjustments.
Former findings modified. Refined Petroleum Products in the Southwest, 187.
Rate Groups: Petition of southwestern carriers for modification of boundaries
of Texas differential territory, as prescribed in southwestern revision, to eliminate
stations on Floydada branch of Panhandle & S. F. Ry. and on Estelline branch
of Fort Worth & D. C. Ry. east of Plainview, granted, as differentials were no
longer necessary to compensate for low earnings on those branches. Consolidated
Southwestern Cases, 669 (670).
BRANCH LINES. See also SHORT LINES.
Exception to Antitrust Act, 38 Stat. 731, title 15 U. S. Code, sec. 18, providing
that prohibition therein against acquisition by one corporation of the stock of
another shall not prohibit a common carrier from owning stock of branches or
short lines so located as to become feeders to its main line, or where there is no
substantial competition between them, is not an exception to the provisions of
sec. 5 (2) of Interstate Commerce Act subsequently enacted to carry out a specific
policy of Congress in respect of consolidation of railroads. Pittsburgh, L. &
W. R. Co. Practices, 73 (82).
Second transit privilege granted on grain from western trunk-line origins to
Chicago, Ill., or directly intermediate points was not applicable on shipments to
branch-line points grouped with Chicago but not intermediate thereto. Wabasha
Roller Mill Co. v. Chicago, M., St. P. & P. R. Co., 562 (565).
BUNKER COAL. See BUNKERING.
Commission had no jurisdiction over transportation of coal from Alabama
mines to Mobile, Ala., when such coal was dumped into the bunkers of vessels
for which intended and used as fuel on such vessels. In such a case the coal
becomes the property of the vessel at the dock and ceases to be an article of
commerce, as would ordinary ship supplies or a piece of machinery installed on a
vessel as part of its equipment. Bunker Coal from Alabama Mines to Gulf
Ports, 485 (488, 494).
Burden rested upon complainants seeking reparation to establish clearly and
definitely whether nonstandard containers were used. When evidence was not
clear and convincing, shipments were considered as having been made in standard
containers. American Fruit Growers, Inc., v. Alabama G. S. R. Co., 139 (153,
The burden of showing facts which will enable carrier to determine with reason-
able facility that transit regulations are being complied with rests upon shipper,
and the mere fact that transit rules and regulations may result in some incon-
venience to shippers does not warrant their condemnation. Folding Furniture
Works, Inc., v. Minneapolis, St. P. & S. S. M. Ry. Co., 159 (161).
In an investigation and suspension proceeding the burden is upon respondents
to justify rates proposed. That the additional revenue would be relatively small
and the tariffs would be simplified, thus effecting a reduction in expense, was not
justification for increases in rates. Fruits, Vegetables, and Hay in Official Terri-
tory, 210 (213–214).
Burden was not upon carriers to prove reasonableness of joint rate higher than
the sum of intermediate local and proportional rates, when tariff naming the
proportional rate provided that assailed rate should apply as minimum from the
considered origin. Hallet & Carey Co. v. Chicago, St. P., M. & O. Ry. Co., 457
(458).
Initial carrier could not avoid the burden of showing that through route sought
would be in the public interest, by claim that refusal to prescribe such route would
be tantamount to collaterally revoking its certificate of convenience and necessity.
Bellefonte Central R. Co. v. Pennsylvania R. Co., 699 (703).
BURDEN OF TRANSPORTATION. See VALUE OF SERVICE.
CAR FURNISHING. See CARS (FURNISHING).
In General: When express carload commodity rates prescribed on foodstuffs
in 83 I. C. C. 606 were limited in 89 I. C. C. 297 not to apply to bread, award of
reparation on express shipments of bread in quantities equivalent to carloads was
not precluded under principle in 284 U. S. 370. Colonial Baking Co. of Des
Moines v. Railway Exp. Agency, Inc., 573 (575).
Less than Carload Ratings, Relation: See LESS THAN CARLOAD.
CARLOADS.
In General: The carload is not a unit of standard weight or volume, and cannot
be used in comparing revenues per car, per car-mile, and per ton-mile on raw
materials transited at competing points and forwarded as manufactured articles,
without adopting approximately the same average weights for computing aggre-
gate costs. Transit Lumber, Pacific Coast to Eastern Destinations, 189 (196–197).
CARS.
Cleaning: Because of the large amount of refuse remaining in cars after water-
melons are unloaded, the expense for cleaning the cars at the terminals is greater
than in connection with other perishable traffic. Georgia Public Service Comm.
v. Alabama G. S. R. Co., 375 (383).
Furnishing: See also CAR SERVICE.
As shipper had informed carrier that bulky character of shipment required a
double-door box car, and no particular length of car was specified, shipment being
tendered as less than carload, classification provision for application of graduated
minimum weight was not applicable in connection with carload rate when ship-
ment could have been loaded in a standard car with double doors and a longer
car was furnished solely for carrier's convenience. Penn Metal Corp. of Pa. v.
Delaware & H. R. Corp., 167 (169).
It is not customary or permissible for a shipper to order a car for a shipment
tendered as less than carload. Id. (169).
When shipper ordered smaller cars than were available, minimum weight should
have been based on smallest car available to carriers. Granite Bituminous Pav-
ing Co. v. Pennsylvania R. Co., 679.
CAR SERVICE. See also CARS.
Interchange: Under an interchange rule at point of origin, that carriers perform-
ing switching service should furnish cars ordered without calling on the line-haul
carriers, the determination of minimum weight when larger car than ordered is fur-
nished by carrier should not be predicated on available equipment of line-haul car-
riers alone, but on the the total of such equipment owned by carriers serving
the origin. Granite Bituminous Paving Co. v. Pennsylvania R. Co., 679 (680).
CHAMPERTY. See CONTRACTS.
Equidistant Rates, Limitations on: See Long and Short HAUL.
Limitations on Long-and-Short-Haul Relief: In authorizing fourth-
section relief, the Commission has generally imposed some form of limitation on
the circuity of routes, in order to insure reasonably compensatory character of
rates: Cement to Central Vermont Ry. Points, 300 (302); Export and Import
Rates from and to Gulf Ports, 61 (64).
CLASSIFICATION.
Property of Carrier: See VALUATION.
CLASSIFICATION (PROPERTY).
Boundaries: See BOUNDARIES (CLASSIFICATION TERRITORIES).
Containers: See CONTAINERS.
Description: See COMMODITIES.
Exceptions: See SCHEDULES (APPLICABILITY AND INTERPRETATION).
Graduated Minima: See MINIMUM WEIGHTS.
Less than Carload: See LESS THAN CARLOAD.
Minimum Weights: See MINIMUM WEIGHTS.
Mixed Carloads: See MIXED CARLOADS.
Schedules: See SCHEDULES.
Two-for-One Rule: See MINIMUM WEIGHTS (CARRIER'S CONVENIENCE
Weight: See WEIGHTS AND WEIGHING.
CLASS RATES. See also COMMODITY RATES.
In General: The class-rate adjustment affords a general yardstick for measur-
ing the relation of rates throughout official territory. That class rates have been
prescribed on particular commodities between certain points in the territory is
entitled to weight in dealing with rates for the transportation of those commod-
ities between other points in the territory. These considerations alone, without
supporting data with respect to the actual transportation involved, are not suffi-
cient to warrant approval of increases to the class basis of rates on such commod-
ities from different origins, which are lower. Fruits, Vegetables, and Hay in
Official Territory, 210 (217).
Rates based on actual distance, including distances of reverse movements, to
Kansas City, Mo., and proportional rates beyond, were found to be the lowest
combination and to apply on wheat from Corder, Mo., to Higginsville, Mo., sub-
sequently forwarded to Kansas City for storage, reforwarded to Higginsville for
milling, and shipped through Kansas City to interstate points beyond under
tariff provision for transit stops without limitation. Stout v. Alton R. Co., 281.
Combination rates on cream in passenger-train service from Wisconsin points
to eastern destinations, composed of truck-competitive any-quantity rates to
Chicago and scale prescribed in 46 I. C. C. 601 beyond, found not unreasonable
in the past; but found unreasonable for the future to the extent that they ex-
ceeded the scale basis for the through distances, plus 15 cents per can. Borden
Co. v. Baltimore & O. R. Co., 664 (667).
Commodities Clause: See COMMODITIES CLAUSE.
Description: See also SCHEDULES (APPLICABILITY AND INTERPRETATION).
Reference to a routing rule in the general alphabetical list of stations made it
applicable to all provisions of the tariff unless expressly otherwise provided.
Rule was thus applicable in connection with commodity rate although the com-
modity description did not supply a list of origins from which the rate would
apply. Lloyd Bros. Co. v. Grand Trunk W. R. Co., 479.
Relation: See RELATION OF RATES (COMMODITIES).
COMMODITIES CLAUSE.
Rule in 298 U. S. 492 that, for the purposes of the commodities clause, railroad
whose stock is wholly owned by a holding company which also controls an in-
dustry whose products are transported by the railroad does not as a matter of law
become an agent, instrumentality, or department of the holding company, applies
equally where the railroad is directly controlled by the industry. Pittsburgh,
L. & W. R. Co. Practices, 73 (76).
The commodities clause prohibits the transportation in interstate commerce by
any railroad company of any commodity, other than timber and products, pro-
duced by it or under its authority, or which it may own or in which it may have a
direct or indirect interest at the time of the transportation, except commodities
necessary and intended for its own use as a common carrier. But transportation
of commodities owned by a bona fide corporation in which the railroad is merely a
stockholder is not necessarily prohibited; and stock ownership is not an exclusive
test of the legality of the transportation. 213 U. S. 366; 238 U. S. 516. Id.
(85-86).
Within contemplation of the commodities clause, one corporation can be an
agent for another, and by means of stock ownership may be converted into a
mere instrumentality of the other. Such use or domination does not depend ex-
clusively on the holding of stock in the industry by the railroad or its share-
holders, but may be secured by any contract which gives the carrier an interest,
direct or indirect, in the commodity produced; and if, as the legal effect of the
contract, the industry becomes the agent of the railroad, transportation of its
products by the latter is unlawful. 238 U. S. 516. Id. (86).
The purpose of the commodities clause was to end the injustice to the shipping
public inevitable when a railroad company occupied the inconsistent positions of
carrier and shipper. 253 U. S. 26. Id. (86–87).
Decision in 253 U. S. 26, that transportation of coal violated the commodities
clause when all the stock of both the coal company and the railroad was owned by
a single corporation, should not be taken as a declaration of abstract principle.
That decision applied only to the relevant circumstances, which showed that the
manner of stockholding constituted an abdication of independent corporate action
by the carrier and the coal company, and would not be controlling where the
relationship was materially different. 298 U. S. 492. Id. (87).
Notwithstanding control of Pittsburgh, L. & W. R. and Youngstown & S. Ry.
by Pittsburgh Coal Co., judicial proceedings under the commodities clause on
account of transportation of the company's coal by those carriers were not war-
ranted in view of interpretation of that clause in 298 U. S. 492. Id. (87).
COMMODITY RATES. See also CLASS RATES.
Class Rates Exceeded: Charges on mixed carload of clay sewer pipe, clay
flue lining, fire brick, and fire clay from Parral, Ohio, to Broadalbin, N. Y., under
mixed-carload rule, found unreasonable to the extent that the applicable com-
modity rate exceeded sixth-class rate, plus emergency charge. Reparation
awarded. Robinson Clay Products Co. v. Baltimore & O. R. Co., 449.
Presumption of unreasonableness arising from charging a commodity rate
higher than class rate, was not rebutted by reliance on findings in proceedings in
which the higher commodity rates resulted from Commission's effort to properly
revise the general class-rate structures, and there was no showing that existing
situation resulted under similar circumstances. Id. (450).
A commodity rate which is higher than a class rate is an abnormality which on
its face requires special justification. Id. (450).
Description: See COMMODITIES.
Relationship to Class Rates: Rates on sugar from San Francisco and
Crockett, Calif., to Nevada and Utah points, found unreasonable to the extent
that they exceeded 30 percent of first-class scale prescribed in 113 I. C. C. 52,
142 I. C. C. 61. Findings in 222 I. C. C. 701, reversed, and reparation awarded.
Ely Distributing Co. v. Bamberger Electric R. Co., 162 (165).
Basis 22.5 percent of first class having been prescribed on rough-quarried stone
in official territory in 200 I. C. C. 65, without excepting application between Crow
Summit, W. Va., and Constitution, Ohio, rates between those points were found
unreasonable to the extent that they exceeded that basis, applied to first-class
rate prescribed in eastern class-rate revision for the same distance, rather than to
higher first-class rate published by carriers. Constitution Stone Co. v. Baltimore
& O. R. Co., 673 (674).
Finding in 203 I. C. C. 177, that prescription of rates in relation to existing first-
class rates had reference to standard or normal first-class rates and not to sub-
normal first-class rates established to meet competition, was equally controlling
where carriers had published first-class rates higher than those prescribed or
approved by Commission. Id. (674).
In General: The Union Stock Yard & Transit Co. could not divest itself of
its common-carrier status by contract, nor relieve itself of its obligations as a
railroad while retaining the right of eminent domain. Cancelation of Livestock
Services at Chicago, 716 (720).
Commodities Clause: See COMMODITIES CLAUSE.
Express Companies: See EXPRESS COMPANIES.
Initiation of Rates: It is a carrier's privilege to establish or maintain a rate
lower than a maximum reasonable rate if it is no lower than the minimum of
reasonableness and no lower than is necessary to meet truck competition. Auto-
mobiles and Chassis to Chicago, Ill., 223 (226).
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