miles. Charges were collected at applicable through rates made up of a commodity rate of 65.5 cents to Cincinnati, minimum 17,000 pounds, plus specific factors equivalent to third-class rates beyond, namely, 39 cents to Columbus, 52 cents to Cleveland, 53 cents to Detroit, and 55 cents to Sharon, minimum 18,000 pounds. This rate to Sharon was the third-class rate.

When these shipments moved strawberries, in carloads, in officialclassification territory were rated first class, minimum 17,000 pounds, but by exceptions to the classification third class, minimum 18,000 pounds, applied. In southern-classification territory the first-class rating was in effect prior to July 10, 1935, when it was reduced to third class. However, commodity rates lower than the class basis applied there quite generally. Charges on the shipments were based on an estimated tariff weight of 41 pounds per crate and the number of crates per shipment ranged from 334 to 453. Seventeen of the shipments were loaded with 420 crates each, at an estimated weight of 17,220 pounds.

At the hearing complainant alleged overcharge in applying the factor of 65.5 cents to Cincinnati, stating that the tariff naming this rate also provided a rate of 25 cents per crate from Athens, Tenn., and Maryville, more distant points, and that by virtue of an intermediate clause the 25-cent rate applied from the origins here considered, resulting in lower charges per car. The rate of 25 cents per crate from the more distant points, however, was governed, as to intermediate application, by a clause in the tariff having specific reference to intermediate points from which a commodity rate was not named in the tariff. The commodity rate of 65.5 cents plus a specific factor beyond Cincinnati, was named in the tariff, and therefore the rate per crate to Cincinnati did not apply on these shipments. There was no overcharge, nor is there any evidence in support of complainant's contention that some shippers were charged the rate per crate and others the rate per 100 pounds. Moreover, departure from requirements of the fourth section, due to application of a lower rate per crate from the more distant points to Cincinnati, was permitted by fourth-section order no. 2667, of March 17, 1913. The further contention of complainant that a factor rate of 51 cents applied beyond Cincinnati to Buffalo, N. Y., a point more distant than the destinations here considered, is without tariff basis. The rate of 51 cents applied beyond Cincinnati on shipments from origins on the Cincinnati, New Orleans & Texas Pacific Railway, but not on shipments from the origins here considered.

The alleged undue prejudice and preference is not supported by evidence, and there remains for consideration only the question of reasonableness. Complainant refers to alleged admissions of the

seci-docket applications to the ComCe rate of 65.5 cents to Cincinnati was eded the rate per crate of 25 cents. a these applications that rates from > Cincinnati or to the destinations here Lable. The special-docket proceedings rom which the tariff provided different rate Social-docket orders are based upon agreed cannot be considered as precedents in formal Packing Co. v. Chicago, M., St. P. & P. R. Co.,

and between Points in the South, 204 I. C. C. considered proposed rates on strawberries from incipally in Alabama, Kentucky, Tennessee, and which rates provided an average increase of 25 incipal destinations there considered. The report rates then prevailing as not made on any consistent 35 it is stated:

# about 58 percent of first class and represent so-called misvoluntarily established by respondents many years ago to encour

e agricultural development in the reclamation of cut-over they were revised generally in Fruit and Vegetables, 43 I. C. C. e subjected later to the general increases of 1918 and 1920 and the "uction of 1922. They are lower, transportation conditions conDan the rates on other perishable traffic from the South, and are on badly lower level than the freight rates on strawberries from the Na Avducing districts.

that proceeding respondents were authorized to establish rates so to exceed 65 percent of first-class rates, minimum 17,000 pounds, that approved basis was made effective April 1, 1935, in a genrevision which embraced both increases and reductions in the rates. The revision resulted in reductions ranging from 5.5 to 12.5 cents in the rates here assailed. Complainant apparently relies upon these reductions as supporting the issue of alleged unreasonableness and as justifying an award of reparation. Rates here assailed ranged from 68 to 73 percent of first class. However, considering the nature of the general revision, complainant's deductions are unwarranted. There was no modification of the rate of 65.5 cents to Cincinnati at that time, as that rate was lower than the 65-percent basis and, because of motortruck competition, was continued in effect. Complainant compares through rates from various origins in Tennessee, Alabama, and Mississippi, to the destinations here considered. The distances are not shown, but are described of record as the same as or greater than distances from the origins from which the

assailed rates applied. The minimum in each instance was 17,000 pounds. Testimony relative to movement of strawberries under these compared rates is general and not very definite. The evidence indicates that transportation from Mississippi was largely by express. Most of complainant's comparisons relate to so-called missionary rates referred to in the decision last cited, which rates were increased to the more normal basis following that proceeding. In various proceedings the Commission has characterized these missionary rates as relatively low and has declined to use them as a measure of reasonableness.

From the strawberry-producing districts of Virginia, Maryland, and North Carolina the service by freight in refrigerator cars is similar to that from eastern Tennessee. To trunk-line and central territories, rates from these districts were prescribed by the Commission. For comparable distances they return greater revenues per car and per car-mile, based on like loading, than do the assailed rates.

The following table taken from exhibits of record compares the rates paid from Armona with those now in effect and shows carload and car-mile revenues and the first-class rates. This table is also typical of rates from Madisonville.

1 Distances are over direct routes; the actual distances the shipments moved ranged from 25 to 97 miles greater.

* Based on minimum weight of 17,000 pounds to Cincinnati and 18,000 pounds beyond; four of the shipments weighed less than 17,000 pounds and one exceeded 18,000 pounds. Based on average weight of 17,500 pounds.

In Lewis Co. v. Cincinnati, N. O. & T. P. Ry. Co., 128 I. C. C. 3, decided May 12, 1927, division 4 found not unreasonable the rate of 111 cents on strawberries to Detroit for distances of 542 to 597 miles from Athens and other origins in the eastern Tennessee district where Armona and Madisonville are located. That rate applied, subject to a minimum of 17,000 pounds for the rate to Cincinnati and 18,000 pounds for the factor beyond, and yielded 32.5 to 35.8 cents per car-mile. A proposed increase in the rate of 98.5 cents to 111 cents from Knoxville to Detroit, 568 miles, was there found justified. A conclusion that the charges assailed were not unreasonable or otherwise unlawful is strongly supported by the report of division 3,

5. O. & T. P. Ry. Co., 216 L. C. C. proceeding comparable rates Tennessee origins to Detroit and found not unreasonable or inappliwas denied by the Commission. N. R. Co., 215 I. C. C. 281, decided Tot proven unreasonable or otherwise re on strawberries from Maryville to quivalent to 117 cents, minimum 17.000 25.000 pounds beyond, and reflecting 69 necus first-class rate.

un reached, it is not necessary to pass upon the receipt in evidence of paid freight bills usuficiently identified as authentic, or to decide rants have raised that complainant association be held, as such association, to have suffered separation can be awarded by us.

no charges assailed were applicable and not shown sonable or otherwise unlawful. The complaint

219 I. C. C.

No. 27343

STEVENS BROTHERS v. NORTHERN PACIFIC RAILWAY COMPANY

Submitted October 5, 1936. Decided December 14, 1936

Rate charged on a carload of sand and gravel crushing and screening machinery from Minneapolis, Minn., to Gardiner, Mont., found applicable. Applicable rate not shown to have been unreasonable. Complaint dismissed. A. R. Morgan for complainants.

Conrad Olson for defendant.

REPORT OF THE COMMISSION

DIVISION 2, COMMISSIONERS AITCHISON, TATE, AND SPLAWN BY DIVISION 2:

The shortened procedure was followed. Complainants filed exceptions to the examiner's report.

Complainants, E. F., C. R., H. O., and S. A. Stevens, copartners, allege that the rate charged on a carload of sand and gravel crushing and screening machinery, shipped April 24, 1934, from Minneapolis, Minn., to Gardiner, Mont., was inapplicable and unreasonable.

The shipment, described in the billing as "One carload sand and gravel crushing and screening machinery", weighed 78,000 pounds. It moved over defendant's lines 1,051 miles. The shipment was invoiced as:

1-#65 Diamond Straight Line Crushing & Screening Plant Mounted on Solid Rubber Tire Wheels-Equipped for trap loading with 40 ft. x 24" Structural Steel Sectional Conveyor-4 ft. Extension on Sand Rejector Conveyor-26" x 20" Roll Crusher-Larger Elevator Buckets-Cast Steel Sprockets on Roll Crusher and Heavy Drivers.

1-40 Ft. x 24" Structural Steel Sectional Conveyor and Counter Shafts for bin loading from truck loading Conveyor.

1-Loading Hopper for 15 x 36 Crusher.

1-15 x 36 BB Crusher.

Charges were collected at a commodity rate of $1.46 per 100 pounds, minimum 40,000 pounds, applying on various articles of machinery or parts thereof rated class A in the western classification, including stone crushers, stone-screening machines, and conveyor and machinery parts. Complainant seeks a rate of $1.20, minimum 30,000 pounds, on mining machinery described in part as follows: