Page 311, 798 Southern Cement Rates, 132 I. C. C. 427; 139 I. C. C. 484; 147 I. C. C. 300; 113 I. C. C. 200; 128 I. C. C. 567. 213, 352, 515, 619 Southern Fruit Distributors, Inc., v. Alabama G. S. R. Co., 178 I. C. C. 373--- 87 Southern Pac. Co. v. Interstate Commerce Commission, 200 Southern Rice Growers Assn. v. Texas & N. O. R. Co., 53 I. C. C. Southern Traffic Assn. v. Erie R. Co., 176 I. C. C. 399... Southwestern Rates, 167 I. C. C. 119; 173 I. C. C. 662; 185 269 51 446 439 23, 65, 603 Southwestern Vegetable Case, 200 I. C. C. 355; 209 I. C. C. 606; 214 I. C. C. 63. Squire & Co. v. Boston & A. R., 159 I. C. C. 737 391, 721, 784 S. Smith Coal Co. v. Erie R. Co., 198 I. C. C. 573. I. C. C. 649__. State of Colorado v. Atchison, T. & S. F. Ry. Co., 147 I. C. C. 201___ New York v. New York Central R. Co., 178 I. C. C. 351__ Strasburg Steam Flouring Mills v. Southern Ry. Co., 53 I. C. C. 52; 58 I. C. C. 337. Stuttgart Rice Mill Co. v. Alabama & V. Ry. Co., 93 I. C. C. 517___ Sugar Cases of 1933, 195 I. C. C. 127.___ Sugar from Atlantic Seaboard Territory, 204 I. C. C. 253.......... North Atlantic Ports, 209 I. C. C. 237. To Green Bay, Wis., 208 I. C. C. 509. Swanston & Son v. Western Pac. R. Co., 148 I. C. C. 159 433 682 451 81, 200 787 760 20, 38 204 364 608 607 385 335 453 765 582 93 420 745 163, 776 49, 171, 758 Swindell Bros., Inc., v. Baltimore & O. R. Co., 219 I. C. C. 115. Taylor-Lockwood Co. v. Cleveland, C., C. & St. L. Ry. Co., Texas & P. Ry. Co. v. Abilene Cotton Oil Co., 204 U. S. 426. Texas Electric Ry., 208 I. C. C. 193. 138 Thomas Keery Co., Inc., v. New York, O. & W. Ry. Co., 206 Page I. C. C. 585; 211 I. C. C. 451_-_. 716 Toledo Switching Absorption, 50 I. C. C. 18.. 372 Traffic Bu., Lynchburg Cham. Comm. v. Chesapeake & O. Ry. Co., 176 I. C. C. 298----. 733 Transcontinental Cases of 1922, 74 I. C. C. 48. 529 Transit Lbr., Pacific Coast to Eastern Destinations, 218 I. C. C. 47..... 716 Transit Rules on Grain, 98 I. C. C. 679-- 760 Trucking L. C. L. Freight in Lieu of Rail Service, 185 I. C. C. 71_.___. 273 Trucks on Flat Cars between Chicago and Twin Cities, 216 247 United States v. Chicago, M., St. P. & P. R. Co., 294 U. S. 499__ 434 139 Illinois Central R. Co., 230 Fed. 940... 629 629 United States Potters' Assn. v. Akron, C. & Y. Ry. Co., 172 225 Vegetable Oils-between Points in the United States, 218 800 From Atlantic Ports, 213 I. C. C. 669 363 Virginia Livestock Growers & Shippers v. Norfolk & W. Ry. Co., 183 I. C. C. 575; 185 I. C. C. 631. 189 Virginian Ry. Co. v. United States, 272 U. S. 658.... 164, 178, 586, 626 Von Platten Fox Co. v. Ann Arbor R. Co., 214 I. C. C. 432---- 432 777 Wagner Construction Co. v Chicago &. N. W. Ry. Co., 208 318 Walker v. Keenan, 73 Fed. 755.-. 534 Water Competitive Rates in California, 196 I. C. C. 293---- Weil v. Louisville & N. R. Co., 215 I. C. C. 28----. 375 784 236 234 Weimer & Rich v. Chicago & N. W. Ry. Co., 12 I. C. C. 462West Coast Lumbermen's Assn. v. Akron, C. & Y. Ry. Co., 183 I. C. C. 191----. 788 510 West Coast Separator Co. v. Atchison, T. & S. F. Ry. Co., 209 602 West-Cullum Paper Co. v. Atchison, T. & S. F. Ry. Co., 112 506 Page Western Horse and Mule Rates, 195 I. C. C. 417. 211 629 335 Western Trunk Line Class Rates, 164 I. C. C. 1; 204 I. C. C. 595___ 63, 69, 87, 99, 166, 232, 256, 304, 337, 670 West Penn Lbr. Co. v Louisville & N. R. Co., 160 I. C. C. 215__ West Tennessee Shippers Assn. v. Alabama G. S. R. Co., 218 I. C. C. 532... 320 237 186, 577 West Virginia Brick Co. v. Chesapeake & O. Ry. Co., 169 165 I. C. C. 349_ W. H. Bintz Co. v. Abilene & S. Ry. Co., 216 I. C. C. 481; 218 Wight v. United States, 167 U. S. 512. William Kelly Milling Co. v. Atchison, T. & S. F. Ry. Co., 211 434 431 231 279, 561 488 128 451 506 715 Williams-Thompson Co. v. Atlanta & W. P. R. Co., 126 I. C. C. Woodruff & Edwards, Inc., v. Boston & M. R., 206 I. C. C. 75-- Wright v. United States, 167 U. S. 512.- Wyoming Coal Co. v. Virginian Ry. Co., 98 I. C. C. 488... Wyoming Public Service Comm. v. Atchison, T. & S. F. Ry. Co. 172 I. C. C. 753. 164 776 219 I. C. C. INTERSTATE COMMERCE COMMISSION REPORTS No. 27133 J. C. PENNEY COMPANY, INCORPORATED, v. BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY ET AL. Submitted July 22, 1936. Decided October 28, 1936 Rates on numerous less-than-carload shipments of boots and shoes from St. Louis, Mo., to points in Idaho, Montana, Oregon, and Washington not shown to have been unreasonable. Complaint dismissed. E. O. Foubert for complainant. Dana T. Smith and Eldon M. Martin for defendants. REPORT OF THE COMMISSION DIVISION 2, COMMISSIONERS AITCHISON, TATE, AND SPLAWN BY DIVISION 2: Exceptions were filed by complainant to the report proposed by the examiner. Complainant corporation alleges by formal complaint filed September 13, 1935, that the rates charged on more than 900 less-thancarload shipments of boots and shoes from St. Louis, Mo., to numerous destinations in Idaho, Montana, Oregon, and Washington between November 2, 1931, and February 1, 1932, were unreasonable. Reparation only is sought. An informal complaint covering the same shipments and containing the same allegation as the formal complaint was filed November 7, 1933, and finally closed March 13, 1935. Rates will be stated in amounts per 100 pounds. So-called north Pacific coast territory embraces the destinations in Idaho, Montana, Oregon, and Washington herein considered as well as Pit River, Calif., as distinguished from south Pacific coast territory, which embraces points in Nevada and California, including points on the line of the Great Northern Railway Company extending north from Bieber, Calif., to Chemult, Oreg. At the time the shipments moved, separate tariffs named transcontinental rates from eastern origins to the north and south Pacific coast territories, and the destinations in those respective territories were listed in separate tariff directories. Chemult was listed in both directories. No shipments moved to that point, but it is approximately the maximum distance from eastern origins and, since it could be reached over routes through Oregon and Washington, hereinafter called the northern gateways, as well as over routes through Ogden and Salt Lake City, Utah, hereinafter called the Utah gateways, that destination will serve to illustrate the rate situation herein assailed. Complainant's shipments moved through the northern gateways. To Chemult the assailed commodity rate was $3.75 through the northern gateways. At the same time a rate of $3.56 applied to that point through the Utah gateways. The rate of $3.75 applied generally to north Pacific coast territory and the rate of $3.56 to south Pacific coast territory. To construct rates to certain points in both territories, however, arbitraries were added to the above rates. Complainant contends that there was no justification for charging a higher rate through the northern gateways to the destinations considered than applied through the Utah gateways to south Pacific coast territory. Prior to March 16, 1928, the less-than-carload commodity rate on boots and shoes from St. Louis to Idaho and Montana was $4.20 and to Oregon and Washington $4.41. The rate of $4.41 also applied from St. Louis to south Pacific coast territory. In 1927 shoe manufacturers in the Middle West represented to the carriers that they were losing business to competing manufacturers at or near the Atlantic coast who were shipping through the Panama Canal. Accordingly, on March 16, 1928, defendants voluntarily established the assailed rate of $3.75 on boots and shoes to both the north and south Pacific coast territories from group D origins, including Chicago, Ill., and Milwaukee, Wis., with relative readjustment from other origin groups. From St. Louis, a group E origin, the rate established to the north Pacific coast territory was the same as the rate from group D, namely $3.75, but to south Pacific coast territory rates from group E were made 95 percent of the group D rates and, accordingly, the rate from St. Louis to south Pacific coast territory became $3.56. The extension in 1931 of the line of the Great Northern south from Klamath Falls, Oreg., to Bieber and of the line of the Western Pacific Railroad Company north from Keddie, Calif., to Bieber formed a connection of those carriers at that point which made it possible for the Western Pacific to compete with the Union Pacific Railroad Company, the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, the Northern Pacific Railway Company, and other carriers, for traffic between points in eastern defined territories and points in north Pacific coast territory, and likewise enabled the Great Northern |