Attempt by carriers to offset circuity of route between Pacific coast ports by an advantage on traffic moving to interior points was repugnant to sec. 4. It is commission's duty to determine whether rates between terminals over the longer route would be reasonably compensatory. Id. (288). Fourth-section relief granted to establish rates over the Great NorthernWestern Pacific route via Bieber, Calif. between California ports and inland points, on the one hand, and Washington and Oregon ports and inland points, on the other, to the same extent and subject to same conditions that relief was granted to the Southern Pacific over its route between those points, except that over routes longer than those of the Southern Pacific minimum rates should be computed on distance over routes of latter carrier. Id. (290). Establishment of reduced rates on fine coal from Alabama mines to Kreole and East Moss Point, Miss., to meet water competition, without observing the longand-short-haul clause, authorized, subject to conditions. Coal from Alabama, 348. Fourth-section relief was denied where it was not shown that rates to the intermediate points were reasonable or that rates to the more distant points would be compensatory. Id. (350). Fourth-section relief granted Lehigh Valley in connection with c. 1. and 1. c. 1. rates on milk, cream, pot cheese, and related articles over circuitous routes from New York origins to New Jersey points, subject to the equidistant provision and to circuity and other limitations. Milk and Cream to Metropolitan New York, 437. Fourth-section relief granted in connection with rates on phosphatic sand or clay from Florida to southern territory based on distance scale and arbitraries, subject to circuity and other limitations. Grouping permitted without observing equidistant clause. Phosphatic Sand or Clay from Florida, 567 (569). Short and weak lines granted fourth-section relief on livestock within the western district to maintain at points on their lines standard-line rates prescribed, plus arbitraries. Livestock-Western District Rates, 611 (655). Upon oral application fourth-section relief granted on livestock within the western district, subject to circuity and other limitations. Id. (655). To justify fourth-section relief based on different rate levels, it must be shown, among other things, that the higher rates at intermediate points are reasonable. Class and Commodity Rates in Texas, 669 (673). That no circuity limitations applied in connection with intrastate routes did not justify application of intrastate scales over available interstate routes, without regard to circuity limitations necessary to avoid wasteful transportation over unduly circuitous routes. Id. (674). Fourth-section relief found justified on class and commodity rates, including export, import, and coastwise traffic, between points in Texas and between Texas and Shreveport, La., over routes within Texas and over routes from and to Shreveport where scale rates were observed at intermediate points, subject to certain limitations. Relief also granted between points in Texas over interstate routes subject to equidistant clause, circuity, and other limitations. Id. (675). Fourth-section relief granted in connection with rates on limestone poultry grit, 1. c. 1., included with c. 1. shipments of ground or pulverized limestone or stone from Falling Spring, Va., to destinations in southern territory, the same as rates prescribed on fertilizer in 113 I. C. C. 389, subject to circuity and other limitations. Poultry Grit from Falling Spring, Va., 676. Fourth-section relief granted to establish proportional rate on bituminous coal, ex-river, from Colona, Pa., to Canton adn Massillon, Ohio, subject to equidistant provision and other conditions. Ex-River Coal from Colona, Pa., 687. Where fourth-section relief is granted on the basis of circuity, the establishment of rates uniformly on the distance basis prescribed will result in rates in substantial compliance with the equidistant clause. Livestock-Western District Rates, 611 (654). When rates were based on distance scales applied uniformly and method of computing distance was that approved by commission, there was substantial compliance with the equidistant provision. Class and Commodity Rates in Texas. 669 (674). Intermediate Rule: Joint rate on lumber from Albuquerque, N. Mex., precluded use of lower factor from Las Vegas and Cimarron, N. Mex., subject to intermediate rule 27 of tariff circular. Geo. E. Breece Lbr. Co. v. Atchison, T. & S. F. Ry. Co., 125 (126–127). Combination rate on watermelons from Charlotte, Tex., to Ames and David City, Nebr., was not applicable to Columbus, Nebr. Route over which Columbus would be intermediate to David City was 140 per cent circuitous and was unnatural. Nash Dietz Co. v. Union Pac. R. Co., 137 (139). Specific class rate charged on green-salted hides from Chicago, Ill., to Olean, N. Y., took precedence over lower class rate made by use of intermediate rule. England, Walton & Co., Inc., v. Pennsylvania R. Co., 141. Rate applicable to particular point by reference to basing tariff was a specific rate and took precedence over rate made by use of intermediate rule. Id. (142). Rates from Indiana coal groups to local destinations in Illinois, determined by application of highest rate to junction point immediately on either side thereof, subject to gradation where long distances between junctions were involved, would be in harmony with rule 27 of tariff circular. Coal Trade Assn. of Indiana v. Baltimore & O. R. Co., 743 (744). Presumptions: Presumption of unreasonableness arising from fourthsection departure in rates on yellow pine lumber from Wadley, Ala., to Rockmart, Ga., protected by application, was not rebutted. Rate found unreasonable and reparation awarded. Batson-Cook Co. v. Atlanta, B. & C. R. Co., 445. Rates were prima facie unreasonable where fourth-section departures existed. Light Grain & Milling Co. v. Chicago, R. I. & G. Ry. Co., 697 (702). Relief: Fourth-section relief granted to establish rates on crushed or ground asphalt from Los Tanos and Santa Rosa, N. Mex., to southwestern points, subject to circuity and other limitations. Asphalt Rock from New Mexico, 150. Fourth-section relief granted to establish rates on ground limestone from Falling Spring, Va., to points in eastern trunk-line territory, constructed on basis prescribed in 172 I. C. C. 783, subject to circuity and other limitations. Destination points to be grouped to extent permitted in that case and, in determining circuity, distances to be those to base points in the respective groups. Ground Limestone from Falling Spring, Va., 227. Objection by water lines to extension of fourth-section relief to rail carriers serving small ports, because traffic was not heavy at the ports and a division of traffic with rail lines would compel water lines to abandon calls at those ports, had no merit in determining propriety of the relief. Extension of relief was justified by competitive conditions and refusal to accord such ports equality with large ports might result in undue prejudice. Pacific Coast Fourth Section Applications, 273 (283). Fourth-section relief granted to permit extension of Oakland, Calif., basis of rates to Richmond and San Leandro, Calif., and points on Southern Pacific between Richmond and Oakland. Id. (282). Fourth-section relief granted on traffic between Pacific Coast ports under findings in 173 I. C. C. 577, extended to include short lines. Id. (284). Attempt by carriers to offset circuity of route between Pacific coast ports by an advantage on traffic moving to interior points was repugnant to sec. 4. It is commission's duty to determine whether rates between terminals over the longer route would be reasonably compensatory. Id. (288). Fourth-section relief granted to establish rates over the Great NorthernWestern Pacific route via Bieber, Calif. between California ports and inland points, on the one hand, and Washington and Oregon ports and inland points, on the other, to the same extent and subject to same conditions that relief was granted to the Southern Pacific over its route between those points, except that over routes longer than those of the Southern Pacific minimum rates should be computed on distance over routes of latter carrier. Id. (290). Establishment of reduced rates on fine coal from Alabama mines to Kreole and East Moss Point, Miss., to meet water competition, without observing the longand-short-haul clause, authorized, subject to conditions. Coal from Alabama, 348. Fourth-section relief was denied where it was not shown that rates to the intermediate points were reasonable or that rates to the more distant points would be compensatory. Id. (350). Fourth-section relief granted Lehigh Valley in connection with c. 1. and 1. c. 1. rates on milk, cream, pot cheese, and related articles over circuitous routes from New York origins to New Jersey points, subject to the equidistant provision and to circuity and other limitations. Milk and Cream to Metropolitan New York, 437. Fourth-section relief granted in connection with rates on phosphatic sand or clay from Florida to southern territory based on distance scale and arbitraries, subject to circuity and other limitations. Grouping permitted without observing equidistant clause. Phosphatic Sand or Clay from Florida, 567 (569). Short and weak lines granted fourth-section relief on livestock within the western district to maintain at points on their lines standard-line rates prescribed, plus arbitraries. Livestock-Western District Rates, 611 (655). Upon oral application fourth-section relief granted on livestock within the western district, subject to circuity and other limitations. Id. (655). To justify fourth-section relief based on different rate levels, it must be shown, among other things, that the higher rates at intermediate points are reasonable. Class and Commodity Rates in Texas, 669 (673). That no circuity limitations applied in connection with intrastate routes did not justify application of intrastate scales over available interstate routes, without regard to circuity limitations necessary to avoid wasteful transportation over unduly circuitous routes. Id. (674). Fourth-section relief found justified on class and commodity rates, including export, import, and coastwise traffic, between points in Texas and between Texas and Shreveport, La., over routes within Texas and over routes from and to Shreveport where scale rates were observed at intermediate points, subject to certain limitations. Relief also granted between points in Texas over interstate routes subject to equidistant clause, circuity, and other limitations. Id. (675). Fourth-section relief granted in connection with rates on limestone poultry grit, 1. c. 1., included with c. 1. shipments of ground or pulverized limestone or stone from Falling Spring, Va., to destinations in southern territory, the same as rates prescribed on fertilizer in 113 I. C. C. 389, subject to circuity and other limitations. Poultry Grit from Falling Spring, Va., 676. Fourth-section relief granted to establish proportional rate on bituminous coal, ex-river, from Colona, Pa., to Canton adn Massillon, Ohio, subject to equidistant provision and other conditions. Ex-River Coal from Colona, Pa., 687. A bank All right to recover unlawful freight charges assessed against a bankrupt vested in the trustee in bankruptcy upon his appointment and qualification. rupt could not, therefore, maintain a proceeding for reparation during bankruptcy proceedings. Home Fertilizer Co. v. Louisville & N. R. Co., 571. Set-Offs: See COUNTERCLAIMS AND SET-OFFS. Speculative Losses: Carrier failed to notify shipper that his shipping instructions could not be complied with, but as the shipment moved at the lowest applicable rate the damage was only speculative, and the commission was without power to afford relief. Pioneer Coal & Coke Co. v. Chicago, B. & Q. R. Co., 553 (554). Voluntary Reductions: See REDUCTIONS (Voluntary). DEMURRAGE. Carrier, having mailed arrival notice to consignee at billed destination, was under no legal obligation to notify it also at its principal office. Woodlawn Lbr. & Tie Co. v. Baltimore & O. R. Co., 52 (53). When demurrage tariff provided that term "reconsignment" would be applied as defined in reconsignment tariff and latter defined destination as billed destination or terminal yard serving such destination, the terminal yard was destination for demurrage purposes also. Id. (54). Provision in contract exempting storage company from liability for demurrage charges, which would permit unwarranted detention and misuse of cars, was not compatible with public interest. Storage in Transit at New Haven, Conn., 209 (212). Proposed rules governing demurrage at various Louisiana ports, applicable on coastwise and export traffic, found not justified. Demurrage on Export Traffic at Louisiana Ports, 704. As shipper and consignee have nothing to do with the through export shipment after delivery at the origin until delivery at foreign destination, they should not be penalized for any detention at port of exit. Id. (707-708). Detention of cars at ports of exit beyond a reasonable time for unloading is economically unsound and against the interests of every one concerned. It results in more costly operation of rail terminals, and in many instances in accrual of per diem charges to terminal carrier without adequate increase in revenue. Id. (708). DENISON ACT. See INLAND WATERWAYS. DENSITY. Sparsity of population has always been a factor considered by the commission in determining rate levels. Chamber of Commerce of Grand Junction, Colo., Inc., v. Aberdeen & R. R. Co., 233 (249). Density of traffic is an important factor to be considered in making rates. Chamber of Commerce, Mitchell. S. Dak., v. Chicago, M., St. P. & P. R. Co., 739 (741). DEPRECIATION ACCOUNTING. See also AcCOUNTS. In accounting for retirement of gondola cars, charges to operating expenses and accrued depreciation reserve were properly based on original cost or ledger value of the retired units. Accounting for Rebuilding Freight Cars by Chesapeake & O. Ry. Co., 382. DESTINATION. Shipments of lumber consigned to Glendale, Ohio, held at Elmwood Yard within Cincinnati, Ohio, switching limits, which served Glendale, had arrived at destination within meaning of reconsignment tariff defining destination as the billed destination or terminal yard serving such destination. Demurrage and reconsignment charges found applicable. Woodlawn Lbr. & Tie Co. v. Baltimore & O. R. Co., 52 (53). When demurrage tariff provided that term "reconsignment" would be applied DIFFERENTIALS IN RATES AND ROUTES. Distance scale of arbitraries authorized for Denver & R. G. W. R. Co., to be All-rail carload rates with which applicant barge line sought differential rela- Differentials under all-rail rates authorized for joint rail-water transportation Differentials used in constructing barge-rail and rail-barge-rail rates on cotton Findings in 169 I. C. C. 663, modified to allow carriers to establish scale of Finding in 159 I. C. C. 333, modified and rate on rough stone from Bedford, Observance of prescribed rail differentials over water rates on the Pacific Rates on brick from Cliffwood, N. J., to New York, N. Y., and Long Island Less favorable operating conditions in Florida peninsula have given rise to Differentials in Texas and special differentials for short and weak lines were Transportation and traffic conditions in Texas differential territory warrant |