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of the members of the Commission and its staff to a high degree. His sudden death, after more than 4 years' devoted service is a great loss not only to the Commission but to the country.'

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Mr. Barnard was 67 years of age. He was born in New Castle, Ind., and was a graduate of the law school of the University of Michigan. He became prosecuting attorney of Henry County, Ind., in 1906, and later was mayor of New Castle. Subsequently he was a member of the Indiana Public Service Commission, from which he resigned in 1922 to enter the law firm of Samuel M. Ralston and Frederick Van Nuys, both of whom were former United States Senators.

Mr. Barnard was later reappointed to the Indiana commission and served thereon until his appointment to the Interstate Commerce Commission. He was Chairman of the Interstate Commerce Commission in 1946.

Surviving Mr. Barnard are his wife and six children, Mrs. James W. Forgie, of Cynwyd, Pa.; Mrs. Andrew J. Sordoni, Jr., Forty Fort, Pa.; Mrs. Raymond W. Steele, Ithan, Pa.; Mrs. William W. Holloway III, Philadelphia; William O. Barnard of Forty Fort; and George M. Barnard, Jr., of Westmoreland Hills, Md. There are also 12 grandchildren.

At the services held in Washington, the members of the Commission, with Secretary William P. Bartel were honorary pallbearers. The Practitioners' Association was represented by members delegated by its president. Burial was in Longwood Cemetery, Kennett Square, Pa.

Be it resolved, That we, the members of the Association of Interstate Commerce Commission Practitioners, hereby express our profound sorrow and deep regret at the untimely death of this fine public servant, our friend, the Honorable George M. Barnard, and that we here give grateful recognition to his patience, fairness, and helpfulness, as well as to the inspiration of his sterling character; and,

Be it further resolved, That these resolutions be presented to the Interstate Commerce Commission with the prayer that they be embodied in its permanent records.

They are respectfully presented.

CHAIRMAN MAHAFFIE: Mr. Knowlton.

Mr. DANIEL W. KNOWLTON:

May it please the Commission:

Once again, and it seems to me within a very short compass of time, it is my great privilege but also disturbingly sad duty to support, which I do, the motion of Mr. DeGroot, that resolutions of the Associ

tion of Interstate Commerce Commission Practitioners, in memory of the fine services and useful life of a member of the Commission, be embodied in the permanent records of the Interstate Commerce Commission.

As is sympathetically and appreciatively recognized in the resolution, Commissioner Barnard's death was unexpected. It came as a great shock to his many friends and to all associated and familiar with the work he was so ably performing without stint or thought of his health, in giving of the vigor of his mind and his energy.

Born in New Castle, Ind., the city of which he was to be elected mayor at the age of twenty-nine, Mr. Barnard early devoted himself to the study and practice of law, and to public service. A graduate in 1903 of the University of Michigan Law School he, at intervals, engaged in the private practice of law both at New Castle and Indianapolis, his skill and talents in that profession becoming quickly and widely known.

His public service in the State in which he was born also demonstrated his marked ability and led to his appointment as a member of the Public Service Commission of Indiana. It was while serving his second appointment to that commission that he was chosen by President Roosevelt to fill the vacancy in this Commission caused by the death of Commissioner Eastman; a selection which, of itself, was a great tribute to his qualities of mind and character and a growing recognition of the fact that he was an outstanding public servant.

Although his years of service in the Federal field of regulation were few, such service was rendered during the trying period of national emergency just prior to, and after the close of, World War II, and included service as Chairman of the Commission during the year 1946.

To all of us who knew him, whether closely or through the privilege of aiding him in some of his tasks, the realization was borne home that he continued to develop the fine ability and fine qualities of character for which he was already well known; and that his death was not only a great personal loss, but a national loss, coming as it did at a time when more markedly than ever he was thoroughly equipped to perform for the country the service which he was rendering.

Commissioner Barnard, for relaxation from his exacting work on the Commission, depended entirely on his family, each member of which his wife, his four daughters and two sons-occupied a special and cherished place in his affections.

He was blessed with an abundance of human qualities. His warm interest in all, without regard to race, religion, place, or position,

marked him as a public servant who had risen to high office without losing the friendly touch which endeared him to all and will hold him close in our memories, I am sure.

CHAIRMAN MAHAFFIE: We have convened to express our regard for the memory of our beloved and respected colleague, who has been called away from us by death. We are grateful to those who joined with us in this service.

The resolution of the Association of Practitioners at our bar, who are in daily association with us and who knew Commissioner Barnard, and the support given the resolution by our Chief Counsel, leave little to be added by us except to express our feeling of personal loss and our understanding sympathy for those dear to our departed brother.

We were saddened when, on the morning of January 3, last, we learned that George M. Barnard had departed this life at about 10 o'clock the previous evening. On that day we endeavored to express our thoughts in a resolution which was recorded in the minutes of the Commission and which concludes as follows:

The fine personal qualities of our departed brother, his straightforward and forceful manner, his friendliness, his professional skill, his integrity, forthrightness and fairmindedness, his wide grasp of legal principles, his sound judgment, won the affection and esteem of all and endeared him to all who came into association with him. His sudden death we deplore as a great loss not only to the Commission, but to the country. We will remember Brother Barnard as one whose good friendship we cherished.

It is our custom to add the portraits of members of the Commission, when their service terminates, to those of their predecessors, in a cabinet between the main hearing rooms. The portrait of Commissioner Barnard has been added to those of his illustrious predecessorsmen to whom all of us now serving as Commissioners, are indebted for the high principles and ideals of public service exemplified by them. Our deceased brother endeavored worthily to live and to serve according to those traditions.

Mr. Ames and Mr. DeGroot, as representatives of the Association of Interstate Commerce Commission Practitioners, and Mr. Chief Counsel Knowlton: The Commission now directs that the resolution you have presented and have supported be received, and that it be made a part of the permanent records of the Commission, as a further mark of our deep respect and regard for our former colleague. The Commission now adjourns.

274 I. C. C.

TABLE OF CASES REPORTED

[Note.-Reports not printed in full are summarized on pages 801 to 823, inclusive]

Page

Aberdeen & R. R. Co., Alabama, T. & N. R. Co. v.

383

Algoma Plywood & Veneer Co. v..

Barbasol Co. v..

Midwest Steel Corp. v----

Abilene & S. Ry. Co., Brook Gas Co., Inc., v_

California Milling Corp. v.

Miami Bottled Gas, Inc., v.

Accounts and Reports, Champlin Refining Co..........

Acetaldehyde to-Fall River, Mass.

Seiple, Pa...-.

Acetone and Related Articles From Bishop, Tex....

Cyanhydrin-and Ethylene Cyanhydrin to Bristol and Philadelphia,

231

367

137

61

120

61

409

815

808

805

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St. Louis, Mo., and East St. Louis, Ill., to Calvert, Ky

821

Memphis, Tenn...

To Macon and Mead, Ga---

Weeks, La., to Illinois_

Acids and Chemicals-Southwest to-Burlington, N. C..---

Southern Territory

Texas City, Tex., to Memphis, Tenn.

To Grace, S. C_____

Ahnapee & W. Ry. Co., Colorado Fuel & Iron Corp. v..

812

589

807

533

815

815

822

239

Akron, C. & Y. R. Co., Dominion Minerals, Inc., v----

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Alabama T. & N. R. Co. v. Aberdeen & R. R, Co----

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Alcohol, Denatured, and Related Articles-From Winnie, Tex----

817

Southwest to Official Territory--.

806

Algoma Plywood & Veneer Co. v. Aberdeen & R. R. Co..--

231

All Commodities, in Mixed Carloads, From Syracuse, N. Y..........

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Page

Ann Arbor R. Co., City of Sturgeon Bay v..

Operation...

American-Hawaiian S. S. Co., Commerce & Industry Assn. of New York,

Inc.,

Anhydrous Ammonia to Ewing, Ala..........

Apparatus, Heating or Cooking, From Chattanooga, Tenn..........

Appliances, Methods, and Systems Intended to Promote Safety of Railroad

Ash, Soda, From Baton Rouge—and North Baton Rouge, La..

Routing.

Asphalt-From-Whippany, N. J..

Winnsboro, Tex...

Kansas and Missouri to Colorado....

Association of American Railroads, Keith Ry. Equipment Co. v..
Atchison Leather Products Co. v. Atchison, T. & S. F. Ry. Co----
Atchison, T. & S. F. Ry. Co.-Atchison Leather Products Co. v---
California Milling Corp. v..

Froehling Supply Co. v..

Hart-Bartlett-Sturtevant Grain Co. v..

Jordan Bros. Co. v.--.

Midland Flour Milling Co. v.

Midwest Coal Traffic Bureau v_

Saalfield Publishing Co. v..

Safety Appliances..

Swift & Co. v. .

181

813

773

810

91, 598, 628

801

19

804

815

822

469

328

328

120

513

103

510

281

33

584

628

557

v. Aberdeen & R. R. Co...

383

Bagging, New England to West. __

805

Bags to Points in Western Trunk Line and Illinois Freight Association
Territories__

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Baltimore & O. R. Co. and Chesapeake & O. Ry. Co., Routing Grain to
C. F. A....

704

Banana Supply Co. v. Beaumont, S. L. & W. Ry. Co..

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Beaumont, S. L. & W. Ry. Co., Banana Supply Co. v.

Norvell-Wilder Supply Co. v..

208

806

53

547

Berg Bag Co. v. Chicago & N. W. Ry. Co..

Bernhard Stern & Sons, Inc., v. Chicago & N. W. Ry. Co...

Bituminous Coal to-Seat Pleasant, Md...

Western Trunk Line Points____.

Boston & M. R., Thayer, Inc., v---

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