RAW MATERIALS. See REASONABLENESS (Raw vs. Finished Products).
REASONABLENESS. See also ADMISSIONS; CLASSIFICATION (Property);
DIRECTION; INCREASED RATES; INTRASTATE COMMERCE (Rates); VALUE; and
particular types of rates or service.

COMPETITION: Assailed rates on crude sulphur on basis 13.5 percent of first-
class, which applied generally between considered territories, were not unreason-
able when lower rates to certain destinations were compelled by water or water-
truck competition, and compared rates on other commodities by market compe-
tition, not affecting considered traffic. Marion Mfg. Corp. v. Akron, C. & Y. R.
Co., 493 (495, 496, 498).

DISTURBANCE OF ADJUSTMENT: Disruption of existing adjustment on sand,
gravel, and crushed stone to central and southern Illinois, which had been agreed
on by carriers and shippers, including complainant, some 20 years earlier, by
prescription of distance basis was not warranted when complainant's rates from
Riverton, Ind., to points within 120-mile radius were reasonably related to those
of competitors, it marketed 96 percent of its commercial rail shipments in that
territory, and its operation under that adjustment had been profitable. Merom
Gravel Co. v. Illinois Central R. Co., 217 (219, 228).

GRADE AND STATE OF COMMODITY: That carriers voluntarily maintained lower
rates on fine than on lump coal did not justify prescription of such lower rates.
Midwest Coal Traffic Bureau v. Atchison, T. & S. F. Ry. Co., 33 (47).

PRESCRIBED OR APPROVED RATES: Rate 29 percent of first class on imported
bananas from Brownsville, Tex., to St. Louis, found not unreasonable when no
rate lower than 45 percent of first class had been prescribed from Texas ports or
Mexican border crossings, and lower rates from compared ports were higher
percentage of first class than assailed rates. Banana Supply Co. v. Beaumont,
S. L. & W. Ry. Co., 53 (58, 59).

RAW VS. FINISHED PRODUCTS: Allowing for waste resulting from processing
crude brucite to produce dead-burned magnesite, rate on brucite from Luning,
Nev., to Narlo, Ohio, 68.2 percent of rate on magnesite from western producing
points to transcontinental group including Narlo was not unfavorably related.
Magnesite, General Increases, 253 (268).

RELEVANT FACTS: In fixing rates many factors must be considered, such as
weight, volume of movement, value, cost of service, competition, loss and damage
claims, packing requirements, revenue yielded, etc., and mere showing of dis-
parity of transportation charges as between different commodities, even though
in same category, does not establish unreasonableness. Webrib Steel Corp. v.
Reading Co., 363 (366).

RIGHTS OF SHIPPER: Although no movement of aplite rock to New England
was shown, complainant was entitled to ship to such points at reasonable rates.
Same basis was therefore prescribed to New England as to remainder of official
territory. Dominion Minerals, Inc., v. Akron, C. & Y. Ry. Co., 73 (83).
REBATES. See SPOTTING (Allowances).

RECEIVERS. See PARTIES (Defendants).

RECONSIGNMENT AND DIVERSION. See DeMURRAGE (Causes Relieving
From Charges; Schedules); ERROR.

REDUCTIONS. See also DAMAGES (General Readjustment); INCREASED
RATES; PREFERENCE AND PREJUDICE (Equality of Treatment): TRANSPORTA-
TION (Cost to Shipper).

VOLUNTARY: That carriers had voluntarily provided for application of lower
export lumber rates on export shipments of wooden railroad ties immediately
after considered shipment moved, together with fact that wooden ties generally

took lumber rates and that ton-mile earnings under assailed domestic rates were
about double those under the reduced basis, indicated that the assailed rates
exceeded reasonable maxima. Fairhurst Lbr. Co. of Oregon v. Southern Pac.
Co., 435 (437); Karlen-Davis Co. v. Southern Pac. Co., 431 (433).
REFUSAL TO CARRY. See CARLOAD RATES; LIVESTOCK (In General).
RELATION OF RATES. See CLASSIFICATION (PROPERTY (Relation Between
Commodities)); DIFFERENTIALS; LIVESTOCK (Rates and Charges); PRO-
PORTIONAL RATES; REASONABLENESS (Raw vs. Finished Products); REDUC-
TIONS (Voluntary).

REOPENING. See Complaints (Informal).

REPORTS. See EXPRESS COMPANIES; PIPE LINES.

RES JUDICATA. See CONSTRUCTION AND INTERPRETATION (Administrative
Construction).

RESTRICTED RATES OR ROUTES. See also EXPORT RATES (Schedules);
ROUTES (Rate Comparisons). Where carrier according transit reserves to itself
the line-haul movement of the out-bound shipments, the result is to limit routing,
regardless of provisions of rate tariffs. Routing Grain, Central Terr., 704 (709).
Carriers are justified in publishing specific routing for proportional rates on
grain pursuant to plan 1 of rule 4 (k) of Tariff Circular 20, where elimination of
routes available under open routing is consistent with public interest and not
violative of statutory requirements. Id. (718).

As the number of freight bills a small feed mixer has to apply against finished
products in limited, due to small storage capacity and large variety of ingredients
used, under specific routing provisions his sales will be limited to markets to which
available billing can be used; and with a small number of routes, many not apply-
ing from original shipping point through his transit point to destination, he is
unduly restricted in finding a market and is disadvantaged in competing with
larger operators, particularly at rate-break points. Id. (722).
REVENUES. See also EARNINGS; INTRASTATE COMMERCE. When carriers
sought increase in Alabama intrastate rates to obtain revenues proportionate to
contribution of that traffic to maintenance and operating costs prior to Ex Parte
No. 162 increases, rather than to get a return on property value, such prior
contribution was a valid criterion of fairness, in light of which Alabama rates
which did not reflect those increases afforded a disproportionately small share of
revenue required to meet costs of intrastate service. Increases in Alabama
Frt. Rates and Charges, 439 (464).

RIVER CROSSINGS. See INTRASTATE COMMERCE (Similarity of Transporta-
tion Conditions).

ROUTES. See also ERROR; MARKETS (Restriction); RESTRICTED RATES OR
ROUTES; ROUTING; THROUGH ROUTES.

CIRCUITOUS: Routes on soda products from Baton Rouge, La., to St. Louis
and East St. Louis via Nashville, Tenn., 52 percent circuitous, and 90 percent
circuitous via Chattanooga, were not unusual, unnatural, or impracticable for
application of intermediate rule when at time shipments moved defendants
published specific routes ranging from 73 to 165 percent circuitous on various
commodities between and through same points. Solvay Sales Corp v. Illinois
Central R. Co., 19 (24).

To require one carrier to establish a through route on grain via Toledo in con-
nection with competitor's line beyond, at same rate as applied over competitor's
single-line route only half as long, would be inconsistent with Commission's
pronouncements as to wasteful transportation and reasonableness of rates con-
sidering services rendered. Routing Grain, Central Terr., 704 (712).

Prescription of through routes on grain from western gateways to central
territory destinations over all routes within prescribed circuity limitations did not
preclude voluntary establishment of justifiable circuitous routes. Id. (742).

Carriers' failure to maintain, on grain from western gateways via central terri-
tory transit points to central territory destinations, over routes consisting of not
more than three segments of line-haul carriers and not over 25 percent longer than
shortest tariff routes, rates not exceeding those over direct routes, or not exceed-
ing and not lower than rates from origins to intermediate transit points or from
such points to final destinations where such rates exceeded those from origins to
final destinations, found to violate sec. 1 (4), (5) (a), and (6). Higher rates might
be maintained over more circuitous routes desired by transit operators. Id.
(742, 748, 749).

RATE COMPARISONS: Combination rates applicable, due to routing restrictions,
on grain moving from Montana and transcontinental groups D to J via Ogden,
Utah, and Barstow, Calif., to Los Angeles in southern Pacific coast zone for transit,
thence to destinations in central zone, found unreasonable to extent they exceeded
joint rates applicable via southern gateways not available to Montana wheat and
via northern gateways to same territory through competing transit points, over
routes in many instances longer. California Milling Corp. v. Atchison, T. & S.

F. Ry. Co., 120 (122, 123).

ROUTING. SCHEDULES: It was unnecessary to determine whether reasons
prompting carriers to establish specific routing on grain in suspended tariffs were
valid in all respects, as character of routing required to be maintained under the
act was what must be determined. Routing Grain, Central Terr., 704 (708).

Schedules publishing routing for proportional rates on grain from western
gateways to central territory destinations did not comply fully with requirements
of sec. 6 (1) and (3) as to definiteness, particularly where routes to points in border
areas could be covered by basing books or routing guides; and reference in grain-
rate tariff to general merchandise traffic routing guide was unsatisfactory because
that guide was voluminous and difficult for many shippers to understand. Every
effort should be made to simplify grain routing schedules so that their provisions
could be readily understood. Id. (714, 749);

-Those schedules were further deficient in providing routes up to a transit
point without authorizing the identical routes (adding a carrier or carriers if
necessary) for application to points beyond, where the destination line formed a
logical and reasonably direct extension of the route, and also because they named
routes through transit points which could not be used on traffic to those points.
Id. (732).

RULE OF RATE MAKING. See INTRASTATE COMMERCE (Rates).

RULES AND PRACTICES OF CARRIERS. See DEMURRAGE; TRANSIT.
RULES OF PRACTICE. Rule 4 (d): 469 (471); Rule 17: 357 (359); 404; Rule
25 (b): 317 (318).

SCALES. See DISTANCE; GROUPS AND GROUP RATES (Disruption).
SCHEDULES. See also COMMODITIES; Demurrage; Export RATES; LIVESTOCK
(In General); LONG AND SHORT HAUL (Application of Rates); PIPE LINES;
RESTRICTED RATES OR ROUTes; Routing; Transit.

APPLICABILITY: Applicability or inapplicability of combination rates charged on
representative shipments of grain from western wheat-producing areas, forwarded
from transit points to destinations in w. t. 1., official, and southern territories in
straight or mixed carloads of flour, bran, middlings, shorts, or feed, determined
under governing transit tariffs, mixed-carload and intermediate rules, etc., and
reparation awarded, with interest, on shipments found overcharged. Midland
Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (284, 302).

Nature of article shipped, not price at which sold, use to which put, or commer-
cial demand, determines rate which should be applied. R. G. Le Tourneau, Inc.,
v. Baltimore & O. R. Co., 466 (467).

CONSTRUCTION: Terms in a heading or caption of a rate tariff are descriptive
of what follows and must be read in connection therewith. Norvell-Wilder
Supply Co. v. Beaumont, S. L. & W. Ry. Co., 547 (550).

All pertinent provisions of a tariff must be considered together, with a view to
giving effect, so far as may be possible under a reasonable construction, to every
word, clause, and sentence, so that general and specific provisions in apparent
contradiction may subsist together. Norvell-Wilder Supply Co. v. Beaumont,
S. L. & W. Ry. Co., 547 (549); Continental Grain Co. v. Inland Waterways Corp.,
339 (345);

-Therefore, all pertinent provisions of barge line's tariff naming line-haul rates,
including those covering terminal disposition of shipment and resulting demurrage,
incorporated by cross-reference to its terminal tariff, must be considered as a whole
in determining whether arrival notice constituted "tender for unloading" within
tariff terms. Continental Grain Co. v. Inland Waterways Corp., 339 (345).

DEFINITENESs: There was no contradiction between caption "Automobile
Parts" and item thereunder naming rates on "Pumps, circulating or fuel, internal
combustion engine. Pumps, power, noibn," since caption did not limit items to
engine parts, and power pumps are used elsewhere on certain automobiles, for
example as part of air-conditioning system. Norvell-Wilder Supply Co. v.
Beaumont, S. L. & W. Ry. Co., 547 (549, 550).

RULES: Where conflicting rules that affect rates on a given movement are
published in separate tariffs, the rule resulting in lower rates is the one lawfully
applicable. Midland Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (298).
SHIPPERS CHARGED WITH NOTICE: That shippers assumed from carrier's letter
that storage-in-transit arrangements on lumber at Philadelphia applied to their
shipments of plywood, and that they may have been misled by payment and
approval of certain transit claims, did not warrant finding of unlawfulness of local
in-bound and out-bound rates charged, since shipper as well as carrier is charged
with knowledge of legal rates. Georgia Hardwood Lbr. Co. v. Pennsylvania R.
Co., 249 (252).
SECOND-HAND ARTICLES. See also COMMODITIES. That some of war-
surplus clamps could not be used for intended purpose and were sold as scrap did
not make applicable rate unreasonable. Second-hand articles should be charged
same rate as new unless they have reached the junk stage. Myers Tire Supply Co.
v. Akron, C. & Y. R. Co., 107 (112).

Application of same rate on new and second-hand articles of same kind is not
necessarily unreasonable, even though the second-hand article may be the less
valuable; and while lower rates may be accorded second-hand articles having only
scrap or junk value, second-hand trousers were not unreasonably charged rates for
new clothing when they could be worn without repair and must have some value
as clothing. Atchison Leather Products Co. v. Atchison, T. & S. F. Ry. Co.,
328 (330).

SERVICE ORDERS. See DEMURRAGE (Schedules); FOLLOW-LOT SHIPMENTS.
SHIPPERS. See EMBARGOES.

·SHIPSIDE RATES. See DELIVERY (Duty of Carrier).

SHORT LINES. See also COMPETITION (Water). Existing per-diem rate was
not an unreasonable charge against short-line railroads, which owned few cars,
when free time allowed them offset free time they allowed shippers; demurrage
charges against shippers were substantially higher than the per-diem rate; they
could deduct their debit per-diem balances from taxable income and recoup a
274 I. C. C.

substantial part through tax savings; and under per-diem rules they could reclaim
from connecting lines an average of 5 days a month on each loaded car handled in
terminal switching. Alabama, T. & N. R. Co. v. Aberdeen & R. R. Co., 383 (398).
SIMILAR CIRCUMSTANCES AND CONDITIONS. See also COST OF
SERVICE; DEMURRAGE (Causes Relieving From Charges); INTRASTATE COM
MERCE; SWITCHING (Charges).

DISCRIMINATION OR PREJUDICE: Maintenance of 19 separate charges for switch-
ing services at Brownsville, Tex., did not violate sec. 2 in absence of showing that
different charges were exacted for like and contemporaneous services on like kinds
of traffic under substantially similar circumstances. Brownsville Nav. District .
St. Louis, B. & M. Ry. Co., 5 (16).

Assessment of a switching charge for delivery by Chicago Junction Ry. of
livestock on siding of complainant's proposed new plant in stockyard area, while
deliveries were made under line-haul rates to plant of a competitor, would not be
unduly prejudicial. Competitor's unloading chutes were on rails of a line-haul
carrier outside the congested stockyard area, and delivery was merely a simple
switch at carrier's convenience without interference, whereas delivery sought
required a complex operation, disruptive of normal terminal services. Trans-
portation service and circumstances involved in free delivery of livestock at
Union Stock Yards by line-haul carriers were also substantially dissimilar from
private track delivery sought. Swift & Co. v. Atchison, T. & S. F. Ry. Co.,
557 (573).

Foster-

RATE COMPARISONS: Degree of similarity of circumstances and conditions of
transportation determines value to be accorded rate comparisons.
Forbes Glass Co. v. New York, C. & St. L. R. Co., 490 (491).
SLEEPING-CAR SERVICE. See PASSENGERS (Fares and Charges).
SPORADIC SHIPMENTS. See GROUPS AND GROUP RATES (Localities).
SPOTTING. See also DEMURRAGE (Causes Relieving From Charges).

IN GENERAL: Carriers could not deliver coal within industrial plant in a con-
tinuous movement without interference when evidence showed that the industry
did not know where the coal was to be unloaded, or was not ready to unload it
on arrival. Wickwire Bros., Inc., Terminal Allowance, 307 (311, 315).

ALLOWANCES: When industry's track lay-out and connections with carriers'
tracks were such that carriers could deliver cars of scrap or pig iron and flux at
its scrap yard and receive loaded cars at its main loading platform at their ordinary
operating convenience, without interference from plant operations and without
exceeding equivalent of simple switch placement, payment of allowance to the
industry for performing that particular spotting service was justified. Existing
allowance was not excessive. Wickwire Bros., Inc., Terminal Allowance, 307
(313, 315);

-But payment of allowance for plant switching of other traffic beyond point
of interchange with line-haul carriers afforded the industry preferential service
not accorded shippers generally and remitted a portion of the transportation
charges in violation of sec. 6 (7), when such service exceeded the simple teamtrack
or sidetrack delivery included in line-haul rates and could not be performed at
carriers' convenience. Id. (315, 316).

DUTY OF CARRIER: It was not carriers' duty under line-haul rates to deliver
coal at gas plant and blooming mill within industrial plant when coal could be
so placed only when the industry was ready to receive it, and interference with
spotting at the blooming mill resulted from use of the sole track serving it for
unloading scrap and for loading and movement of steel produced in the plant to
the rod mill. Wickwire Bros., Inc., Terminal Allowance, 307 (314);