and receipt and loading at such yards of out-bound shipments, without extra
charge therefor over and above the line-haul rate, except where unloading or
reloading is at request of shipper, or to try an intermediate market, or to comply
with quarantine regulations. Under this provision carriers are obligated to
absorb costs or charges covering such services. Baltimore & O. R. Co. v. St.
Louis National Stockyards Co., 407 (408-409).
From early times carriers have, in the transportation of livestock, been re-
quired to provide adequate facilities for loading and unloading. Id. (411).
Congress, in specifically providing that "transportation * * * of ordinary
livestock * * * shall include * * * delivery at public stockyards of
inbound shipments into suitable pens, and receipt and loading at such yards of
outbound shipments," did not intend to relieve the carriers of ordinary obligations
inherent in this class of traffic. Carriers are obligated to furnish only facilities
reasonably necessary to meet the ordinary needs of a particular situation, and
anything in excess thereof cannot properly be charged to them. That they
are required to furnish loading and unloading facilities, did not mean that, when
they engage a stockyard company to perform the service for them, they become
responsible for all the facilities of the company allocated to the service. Id. (412).
In determining depreciation to be charged against loading and unloading
services at stockyards, the rates of depreciation should be applied to the estimated
cost of reproduction new, rather than to present-day value. Id. (416).
Rates and Charges: See also RELATION OF RATES (COMMODITIES).
Charges of St. Louis National Stockyards Co. prior to leasing of its facilities
to the East St. Louis Junction R. Co. and of that company subsequent to the
lease, for loading and unloading of interstate shipments of livestock transported
by railroad to and from the public stockyards of the stockyard company, were
not shown to be unreasonable in the absence of evidence sufficient to show the
facilities which were necessary in these operations or to afford a basis for deter-
mining labor cost per car which should be assigned to these services. Baltimore
& O. R. Co. v. St. Louis National Stockyards Co., 407 (420).
Charges collected on hogs, in single-deck carloads, and on hogs and calves, in
single-deck mixed carloads, minimum 17,000 pounds, from Payne, Ohio, and Berne
and Plymouth, Ind., to Johnstown, Pa., for which 36-foot cars were ordered, and
from Pierceton, Ind., minimum 18,000 pounds, for which a 40-foot car was ordered,
based on a commodity rate to Pittsburgh, Pa., plus arbitrary beyond, found appli-
cable and not unreasonable. Although cars furnished ranged in length from 40
feet to 40 feet 6 inches, tariff provided that minimum applicable to car ordered
would apply if carriers furnished a larger car and that charges should be based on
minimum for that kind of stock which on a straight-carload basis produced the
highest carload charge. C. A. Young Co. v. Pennsylvania R. Co., 662 (663).
Double-deck carload rate on hogs and lambs from Danville, Ky., to Kingston,
N. Y., was found not unreasonable compared with rates prescribed or approved
on livestock to points in New York rate group or official territory for comparable
distances. Forst Packing Co., Inc., v. Cincinnati, N. O. & T. P. Ry. Co., 653
(654).
Stockyards. See LOADING AND UNLOADING under this heading.
Watering: Furnishing of water to livestock does not constitute a transportation
service. Baltimore & O. R. Co. v. St. Louis National Stockyards Co., 407 (417).
Weights and Weighing: Charges based on minimum weight plus 10 percent
were inapplicable on shipments of dairy cattle from Decatur, Ind., and Bellville,
Ohio, to Woodstown, N. J., when applicable tariff rules provided that that basis
should only be used "when weights cannot be obtained." No unusual operations
would have been required to weigh loaded cars on track scales somewhere en
route, and empty cars could have been weighed at Pittsburgh, Pa., where cattle
was stopped for feed, water, and rest, although scales were 4 miles from stock-
yards and required a switching operation. Applicable charges were those based
on carload minimum. Reparation awarded. Bellmont Livestock Co. v. Balti-
more & O. R. Co., 576 (578).
In General: See FOLLOW-LOT SHIPMENTS; SCHEDULES (DEPARTURE FROM);
WEIGHTS AND WEIGHING (BASIS FOR COMPUTING CHARGES).
Livestock: See LIVESTOCK (LOADING AND UNLOADING) (RATES AND Charges).
LOADING AND UNLOADING. See LIVESTOCK.
LOCAL RATES. See also DIVISIONS OF RATES (AGREEMENT BETWEEN CAR-
RIERS); REDUCTIONS (JUSTIFICATION).
Local rates ranging from 17.3 to 25.7 percent of first class, which would apply
on ex-barge grain from rate-break markets to official territory upon restriction
of existing proportionals not to apply on traffic transported to the markets at
unfiled rates, would not be excessive when they were substantially below level of
sixth-class rates fixed as reasonable maximum basis within official territory.
Grain Proportionals, Ex-Barge to Official Territory, 353 (362, 366).
When intrastate rates on corn to Chicago, Ill., were restricted specifically to
prohibit transit, Chicago was the final destination of shipments moved in-bound
at such rates, and local rates applied to out-bound hauls in absence of tariff provi-
sion preserving the fictional through movement. Id. (372).
Without a fictional bridge to preserve the continuity of movement, the only
lawful rates applicable beyond the rate-break markets are the local rates. Id.
(378).
When ex-barge grain hauled to rate-break markets at unfiled rates was found
not to be entitled to transit, it followed that application of any rates other than
regularly established local rates was illegal. Id. (380).
LONG AND SHORT HAUL.
Burden of Proof: See BURDEN OF PROOF.
Competition Authorizing Relief: See COMPETITION.
Intermediate Rates: When authorized revision of certain brick rates in
official territory and from St. Louis, Mo., group to that territory would generally
preserve existing relations between long-and-short-haul rates, grant of such
authority might be considered as compliance with requirement of outstanding
fourth-section orders for authorization from Commission for any increase in
intermediate rates, and no specific revision of such orders was necessary. Eastern
Brick Rates, 688 (690).
Intermediate Rule: See also NOTICE (SCHEDULES).
The intermediate rule may not be construed to displace or waive specific tariff
provisions governing the number of transit services allowed, except where speci-
fically otherwise authorized. Northern Milling Co. v. Chicago & N. W. Ry. Co.,
499 (507).
Findings in 243 I. C. C. 546, that sixth-class rate on cotton-gin machinery from
Columbus, Ga., to Burdette, Miss., was unreasonable compared with lower com-
modity rate to Memphis, Tenn., a more distant point, under an intermediate rule,
reversed. Commodity rate was subject to same maximum circuity limitations
which governed class rates from and to the same points. As class rates were
restricted by specific tariff provision to routes not exceeding 740 miles, and as
distance over route via Burdette to Memphis is 775 miles, neither class rates nor
commodity rates would apply over that route. Therefore, Burdette was not an
intermediate point within the meaning of the rule. Burdette Ginning Assn. v.
Yazoo & M. V. R. Co., 676 (677).
Relief, Generally: Fourth-section relief granted to establish rates on
gypsum blocks and tile, from Plasterco and Saltville, Va., Savannah and Port
Wentworth, Ga., and Jacksonville, Fla., and from intermediate points subject to
maximum rates, to points in southern territory except to Florida and stations on
the South Georgia Ry., on bases of scales approved in 88 I. C. C. 543, 113 I. C. C.
380, plus authorized increases, and also including an arbitrary not exceeding 3.5
cents at intermediate local points on short or weak lines, subject to circuity
limitations and other conditions. Gypsum Blocks and Tile in the South, 203.
Fourth-section relief granted to establish rates on cement, from Norfolk, Va.,
over Chesapeake & O. Ry., and from intermediate points subject to maximum
rates, to destinations in West Virginia on that carrier's branch lines south of
Prince, W. Va., the same as rates in effect over the direct route from same origin
to same destinations or stations adjacent thereto, but the relief shall not include
any intermediate points as to which the distance from Norfolk does not exceed
the distance from Norfolk over the direct route to the more distant competitive
point. Cement from Norfolk to West Virginia, 250.
That carriers may have fourth-section relief in connection with class rates over
a particular route is an important consideration in determining whether relief
should be authorized over the same route with respect to the rates on a particular
commodity, but it does not follow as a necessary consequence that relief must be
authorized with respect to rates on all commodities over the same route.
from Knoxville, Tenn., 637 (639–640).
Other cases in which fourth-section relief was granted or modified: Asphalt
Rock from Oklahoma and Texas to Mississippi, 219; Bananas to Portage, Wis.,
477; Beverages and Empty Containers, Oklahoma City, Okla., 552; Blackstrap
Molasses from Texas City and Galveston, 239; Cement from Knoxville, Tenn.,
637; Cement to Atwood and Wolf Creek, 754; Class Rates, Hagerstown, Md.,
Group and the South, 474; Coal to Georgetown, S. C., 27; Coal to Ohio and
Indiana, 167; Coal to Points in Western New York, 174; Coke from Birmingham,
Ala., to Kansas City, Mo., 242; Coke from Ohio River Points to Keokuk, Iowa,
609 (613-614); Cotton Linters from Cairo, Ill., to Chattanooga, Tenn., 516;
Crushed Stone to Kingsbury, Ind., 217; Foreign Woods from Wilmington, N. C.,
483; Gasoline from Mobile, Ala., to Points in Mississippi, 5; Grain from Oklahoma
to Memphis, Tenn., 207 (213); Grain from River Crossings to Florida, 53 (54, 56);
Imported Coffee from New Orleans, La., 644; Louisiana & A. Ry. Rates-Gulf
Ports, 302; Lumber from Cross City, Fla., to Port St. Joe, Fla., 104; Lumber
from Virginia, 691; Metal Barrels from New Orleans to Beaumont, 405; Naphtha
and Naphtha Distillate to Mobile, Ala., 171; Petroleum from New Orleans and
Baton Rouge, La., 486; Phosphate Rock from Florida Mines to Atlantic Ports,
225; Phosphate Rock from Florida to the Southwest, 261; Potatoes and Onions
to Texas, 779; Pulpboard from Southern Ports to Eastern Ports, 223; Salt Cake
to Brunswick, Ga., 162; Sand and Gravel from Louisiana, 245; Sugar from
Louisiana to Central Territory, 775; Sugar to East Texas, 1; Sulphate of Alumins
to Plymouth, N. C., 258; Sulphur to Erie, Pa., 81; Talc and Soapstone to the
South, 311; Tin Cans from Port Arthur and Beaumont, Tex., 442; Watermelons
to Chattanooga, 712.
Petition for partial elimination of circuity limitations imposed in 210 I. C. C.
675, in connection with fourth-section relief on sugar from points in Colorado and
other western beet-sugar producing States to destinations in Texas and other
Southwestern States, to permit movement of the traffic through Kansas City, Mo.,
denied. The proposed routes through Kansas City generally are far more cir-
cuitous than routes within the limitations usually imposed in granting fourth-
section relief, and the longer hauls over such routes constitute differences in
circumstances and conditions that are sufficient to warrant differences in the rates
over such routes and over the direct routes. Sugar to Texas, 177.
Fourth-section relief sought in connection with all-rail rates on iron and steel
billets, from Youngstown, Ohio, to Chicago, Ill., and points within the Chicago
switching district, and to Gary, Ind., and on iron and steel skelp in the reverse
direction, during season of navigation on the Great Lakes to meet rail-water
competition, denied. As respondents are now enjoying a greater portion of the
revenue from the movement of this traffic than the water carriers, and with
practically the same rate available, all-rail as rail-water, the great preponderance
of the traffic would be diverted from water carriers and shipped by rail. This
would be contrary to the policy of the Commission with respect to relief to estab-
lish rates which threaten the extinction of water competition. Iron and Steel
Billets to Chicago, Ill., 293.
Although carrier seeking reduced rate on boots and shoes to New York, N. Y.,
from Boston, Mass., requested origin and destination fourth-section relief, he
was not prepared to present the usual information required by rule XVIII (f) of
Rules of Practice, and industries were not represented at the hearing. That sched-
ules containing proposed reductions also published origin and destination
intermediate rules was sufficient notice to dealers at intermediate points that
their interests were adequately protected without representation. Fourth-section
relief denied. Boots and Shoes from Massachusetts to New York City, 332
(336-337).
Other cases in which fourth-section relief was denied: Brass and Copper
to Springfield and Worcester, Mass., 267 (269); Cotton Fabrics from Texas to
Louisiana Ports, 593 (596); Grain Between Wahpeton, S. Dak., and Duluth,
Minn., 573.
Switching Charges: See SWITCHING (LONG-AND-SHORT-HAUL CLAUSE).
Water and Rail: See WATER-AND-RAIL (LONG AND SHORT HAUL).
LONG HAUL. See REDUCTIONS (JUSTIFICATION).
MANAGEMENT. See also SLEEPING-CAR COMPANIES.
Carriers should be encouraged to exercise their managerial discretion in meeting
by reasonable and lawful means any competition encountered.
Packing House Products, Denver to Idaho, 489 (491).
MARKET COMPETITION. See COMPETITION.
MARKETS.
Restriction: That a shipper does not purchase a commodity in a given market
does not preclude his interest in the rate from that market when it is so high as to
prevent his use of that market. Complainant at Anoka, Minn., which purchased
primary lead refined in transit at Omaha, Nebr., and paid transit balance not
directly assailed, had an interest in assailed rates from Omaha and other markets
when it could not purchase shipments initiated at those markets because of the
high level of the local rates. Federal Cartridge Corp. v. Chicago, B. & Q. R. Co.,
679 (681-682).
In General: See also REDUCTIONS (JUSTIFICATION).
Carriers may establish less than maximum reasonable rates, as long as rates do
not unduly prejudice communities or shippers or unduly burden the traffic.
Dressed poultry from Omaha, Nebr., to Austin, Minn., 270 (272).
Commodities: Maximum reasonable rates were prescribed in the following
cases on the commodities designated:
Grain: Grain from Oklahoma to Memphis, Tenn., 207 (213).
Tanks, steel: Parkersburg Rig & Reel Co. v. Baltimore & O. R. Co., 545 (550).
MINIMUM CHARGES. See SCHEDULES (Water Carriers).
Long and Short Haul: See COMPETITION (CARRIER).
Prescription by Commissioner: The Commission's duty to fix minimum
rates, primarily for the purpose of preventing destructive rate wars, is not well
done if it allows competitive rates to gravitate to the lowest possible level. Shoe
Dressing in Official Territory, 579 (582).
Water Carriers: Findings in 2 U. S. M. C. 285, prescribing minimum reason-
able rates and charges for water common carriers in west-bound intercoastal
commerce, modified to permit changes in commodity descriptions and the estab
lishment of, or reductions in, rates on sal ammoniac skimmings, junk metals,
oxalic acid, and fertilizer compounds from Gulf ports to Pacific coast ports to
make the canal route competitive with all-rail routes. Intercoastal Rate Struc-
ture, 86.
Findings in 2 U. S. M. C. 285, prescribing reasonable minimum rates for trans-
portation of property by water carriers in west-bound intercoastal commerce,
modified to permit reductions therein. Intercoastal Rate Structure, 509.
Upon petition in accordance with the terms of the original order in 2 U. S. M. C.
285, findings were modified to permit carriers to publish and make effective, on
less than statutory notice, rates on west-bound intercoastal traffic lower than the
prescribed minima, to meet all-rail and water-rail competition, and to change
commodity descriptions in certain instances. Intercoastal Rate Structure, 555.
Elimination of the released-valuation provision on oil cloth ensembles resulted
in a decrease in the rate on the articles when unreleased, and modification of the
finding in 2 U. S. M. C. 285, prescribing minimum rates, was necessary. Id. (558).
MINIMUM WEIGHTS.
Alternative Minima and Rates: See ALTERNATIVE RATES; WATER CARRIERS
(ALTERNATIVE RATES).
Car Capacity: See also FOLLOW-LOT SHIPMENTS.
Carload weight on feathers from midwestern and eastern seaboard points to
Cincinnati, Ohio, increased from 12,000 to 15,000 pounds, graduated under
classification rule 34, when record indicated that latter minimum could be loaded
in a 40-foot car, or even in a 36-foot car, and commodity rates and classification-
exception ratings effective on feathers, were subject to carload minimum of 15,000
pounds, graduated under rule 34. P. R. Mitchell Co. v. Atchison, T. & S. F. Ry.
Co., 519 (520).
Carrier's Convenience Rule: Tariff rule applicable to two 40-foot cars
furnished in lieu of one 50-foot car and rule contemplating same concession with
respect to minimum weight without a prior order by shipper for a 50-foot car,
would not produce equality of treatment to all shippers. There is more loading
space in two 40-foot cars than in one 50-foot car and it is impossible to load some
commodities to the published minimum weight even in a 50-foot car, so that
shipper receiving smaller cars could usually load minimum but shipper receiving
the larger car could not and would have to pay for a deficit in the weight. Hand-
ling Carload Shipments in West, 57 (60).
In furnishing two smaller cars for one larger car ordered, equality of treatment
should be accorded shippers under the principle that a carload minimum weight
should not exceed the amount which can reasonably and ordinarily be loaded in a
single car of the capacity and size which carrier is normally in a position to
furnish, rather than by permission for shippers to use two smaller cars subject
to the minimum for a single car. Id. (62).
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