rate, lowering the other, or altering both. See Evansville Cham, of Com. v. Atchison, T. & S. F. Ry. Co., 196 I.C.C. 349. With these alternatives afforded, defendants could comply with such an order by raising the rates from competing territories to the relative level of those from Florida, and leave the latter rates undisturbed. As stated, this would not satisfy the complaint. In the circumstances we consider it unnecessary to pass upon the allegation of undue prejudice.

SUSPENSION CASE

Respondents propose a practically complete revision of rates on every variety of vegetable produced commercially in the Southeast, within the territorial limitations heretofore described. While the scope of the adjustment is broad, its practical application is limited by the fact that relatively few varieties are shipped in quantity from the Southeast. Many of the commodities included in the proposed schedules do not move in carloads, being shipped, if at all, only in mixed carloads with other vegetables. Potatoes, cucumbers, green corn, cabbage, and string beans are shipped in greatest volume, but there is also a fairly important production of peas, asparagus, and lettuce. Other vegetables shipped in carloads include carrots, turnips, beets, and spinach.

The proposed revision was initially prompted by the denial of fourth-section relief by fourth-section order no. 10300, effective February 26, 1932. This necessarily required a general realignment of vegetable rates, and the carriers thereupon undertook a survey of the entire situation, both in the Southeast and the Southwest. The suspended schedules resulted therefrom. The proposed rates are certain percentages of the corresponding first-class rates, except that between points in Buffalo-Pittsburgh, trunk-line, and New England territories, on the one hand, and points in the Southeast on the other, the percentages are, with one exception, based on so-called constructive first-class rates and not on published first-class rates. The latter rates were made with some relation to the rail-water-and-rail adjustment and it was not felt that this adjustment had any compelling influence over the rates on vegetable traffic. Consequently, from and to the Northeast the rates are based on first-class rates made under the K-2 scale and the Q-1 differentials prescribed in the second and third supplemental reports in the southern class-rate revision,10 as are the published rates from and to central territory. This was the general basis used in prescribing rates on peaches in Georgia Peach Growers Exc. v. Alabama G. S. R. Co., supra, and on vegetables

10 113 I.C.C. 200 and 128 I.C.C. 567.

in the Florida case. It is appropriate here. The exception referred to is with respect to potatoes from trunk-line and New England territories to the South, as to which the proposed rates are made certain percentages of the published first-class rates because of the competition on this traffic with rail-water routes.

Respondents' proposed percentages of first class are for the most part approximately 10 percent lower than those prescribed in the Florida case. These lower bases are suggested because of language in that decision indicating that Florida vegetables generally brought higher prices than those grown in other sections, particularly in southern territory. The financial condition of the Florida carriers, the relative importance of the vegetable traffic to these carriers, and the gathering service rendered Florida shippers were also deemed factors warranting the higher basis from Florida than from the Southeast. With certain exceptions, the proposed percentages are the same as those proposed by the southwestern carriers in no. 13535. The bases prescribed in the Florida case and in the Mississippi case are compared below with the bases herein proposed by respondents.

1 Abbreviations: w.t., with tops; w.o.t., without tops.

On these items rates were not prescribed in the Florida case, but were published by the carriers as being in harmony with the findings therein.

There being no movement from Florida, no specific basis is published. Should there be a movement the basis applicable to vegetables n.o.s. would apply.

Detailed comparison of the present and proposed rates is not feasible, but the following is representative of respondent's proposals:

1 Rates from Crystal Springs are not in issue in this proceeding, but are included in the reopened Mississippi case. That point is representative of an important shipping district and the same proposal is made therefrom in the latter proceeding as is here proposed.

The present rates are published on a package basis, but have here been converted to a basis per 100 pounds.

No comprehensive traffic test has been made covering the general result of the proposed rates on the carriers' revenues. Respondents assert that the proposed revision will result in reduced revenues. Protestants, on the other hand, point to many increases. Just what would be the weighted result cannot be definitely determined from this record. From Louisiana increases would generally result; from Mississippi the proposed rates are substantially higher than those prescribed in the Mississippi case, although the rates on potatoes, which are not in issue in that proceeding, would be somewhat reduced; from Tennessee the proposed rates to official territory result in both increases and reductions; from Alabama there would be increases on practically all vegetables to official territory, except on potatoes, and on that commodity many increases would result to destinations in the South; from Alabama to destinations in the South

there would be both increases and reductions; from the Carolinas, although not embraced in their entirety in this proceeding, the proposed bases would result generally in increases if adopted for general application from those States. Most of the rates on vegetables from Virginia are now before us in No. 23818, State Corporation Commission of Virginia v. Pennsylvania Railroad Company, decision in which, at the suggestion of the parties, is being held in abeyance pending the outcome of this proceeding. While all of the rates from Virginia are not in issue in the instant proceeding, the rates therefrom may be more or less affected by the conclusions reached herein. The present rates from Virginia to central territory and to the western termini of trunk-line territory are the applicable class rates, while to the remainder of trunk-line territory and to New England commodity rates are in effect, generally on a package basis. Where the class rates now apply the proposed bases would, in most if not in all cases, result in reductions. The movement of vegetables from Virginia to the South is unimportant.

Respondents instance earnings per car at the present and proposed rates on cucumbers, beans, cabbage, potatoes, tomatoes, green corn, escarole, lettuce, peas, peppers, romaine, spinach, and squash from typical shipping points in north Florida, South Carolina, North Carolina, and Georgia to representative destinations, embracing approximately 460 examples. Of these, 215 show reductions aggregating $10,448, and 240 show increases aggregating $6,824. Based on the actual movement of all vegetables from north Florida, Georgia, and southeastern Alabama to destinations east of the Mississippi River during the period from January 1 to August 31, 1932, it is shown that on 538 carloads there would be a total reduction in revenue at the proposed rates of around $14,000, or approximately $26 per car. They also show what would have been the effect of the proposed rates on all shipments of vegetables from South Carolina and North Carolina had they applied to the movement from January 1 to August 31, 1932, instead of the rates prescribed in the Carolina cases. On 7,320 carloads shipped from those States to trunk-line and New England territories the revenue at the proposed rates would have been increased $176,479, and on 1,037 cars to central, western trunk-line, and southern territories the revenue would have been reduced $11,725.

Protestants estimate the revenue on white and sweetpotatoes and on cabbage at the present and suspended rates by taking the total number of shipments received at the important markets from southern States and applying thereto the average rates at the present and proposed bases from the principal shipping points in each State. While their computation shows an average increase of over

$17 per car on white potatoes, this results in large measure by apply ing the present rates to the present minimum of $24,000 pounds, where applicable, and the proposed rates to the proposed minimum of 30,000 pounds. But even using the same unit of weight, 30,000 pounds, there are many instances where the proposed basis would result in higher charges per car. From South Carolina to Syracuse and New York City, for example, the proposed rates would result in average increases of around $25 per car. From Georgia to the same destinations a still greater increase would result. From Alabama to Cincinnati, Ohio, the increase at the proposed rates would average around $12 per car and half that amount from Georgia. From Georgia to New York City the average increase would be about $30 per car, and the same from South Carolina. From the latter State to Baltimore, Md., the average increase would be about $18 per car, and slightly more from Georgia. From Alabama to Louisville, Ky., the average increase per car would be around $12, and to Nashville, Tenn., around $6.

The carriers' proposal apparently would not result in as many increases in the rates on sweetpotatoes as on white potatoes, but it is to be observed that in most cases where extreme reductions appear no shipments are shown to have been made during 1931. For example, from Louisiana to Norfolk, Va., where the average reduction in the rate would be around 31 cents, no shipments were made during the year cited.

Many increases would result from the proposed cabbage rates and, beside, the carriers' proposal contemplates a minimum weight of 24,000 pounds, an increase in many instances from the present minimum of 20,000 pounds. On the uniform unit of 24,000 pounds the proposed rates on cabbage would result in an average increase of around $9 per car from Alabama to New York City, and of $7 per car from Louisiana to the same destination. There would also be an average increase of $2.40 per car from South Carolina to New York City. Increases would also result in the rates from Alabama, Louisiana, and Tennessee to Philadelphia and Pittsburgh, Pa., Rochester, Syracuse, Albany, and Buffalo, N.Y., Chicago, Ill., Milwaukee, Wis., St. Louis, Mo., and Cincinnati, Ohio. A number of reductions also are shown, but except from South Carolina, few shipments seem to have been made from the States to the destinations where the principal reductions would obtain. Numerous rates from Mississippi would be increased.

The Virginia interests took an active part in the suspension proceeding. They propose percentages of first class for the Southeast which, for the heavier-loading vegetables, such as beets, carrots, and turnips, without tops, potatoes, and cabbage, are the same as at