et cetera, likewise extends only to those covering "service subject to this part." In view of the fact that the carload shipments which are the subject of this complaint were not accorded freight-forwarder service, we are without authority under section 406 (b) to make a determination with respect to defendenat's charges therefor. We find that we are without jurisdiction to make the determination sought by this complaint. An order dismissing the complaint will be entered.

274 I. C. C.

CASES DISPOSED OF BY THE COMMISSION WITHOUT PRINTED REPORT DURING THE TIME COVERED BY THIS VOLUME

EX PARTE PROCEEDING

DIVISION 3, COMMISSIONERS MAHAFFIE, MILLER, AND ROGERS

Ex Parte No. 137, CONTRACTS FOR PROTECTIVE SERVICES. Decided May 2, 1949. Supplemental report with respect to contracts, arrangements, or agreements for protective services against heat or cold between carriers by railroad, on the one hand, and persons furnishing protective services, on the other, in conformance with section 1 (14) (b) of the Interstate Commerce Act. Specified contracts, arrangements, or agreements approved as just, reasonable, and consistent with the public interest.

APPLICATIONS FOR RELIEF FROM THE PROVISIONS OF SECTION 4

(Disposed of by order only, except as noted)

BY DIVISION 2, COMMISSIONERS AITCHISON, SPLAWN, AND ROGERS

F. S. A. No. 23556, FOREIGN WOODS FROM THE SOUTH TO OFFICIAL TERRITORY, filed by Roy Pope, agent, for carriers parties to Agent C. A. Spaninger's tariff I. C. C. No. 621 and other tariffs. Decided September 2, 1949. Long-andshort-haul relief granted, on conditions, to continue or establish and maintain carload rates over indirect routes to trunk-line and New England territories the same as over the direct routes, and to central and Illinois territories, carload rates made with relation to rates on native lumber.

F. S. A. No. 24002, CITRUS FRUIT FROM GULF COAST POINTS TO THE EAST, filed by J. G. Kerr, agent, for carriers parties to Agent C. W. Boin's tariff I. C. C. No. A-726. Decided September 13, 1949. Long-and-short-haul relief granted, on conditions, to maintain for the transportation of oranges, satsumas, tangerines, and mandarins, carload rates made a percentage of constructive first-class rates from and to the same points.

F. S. A. No. 24251, CEMENT FROM SPEED, Ind., to Frankfort, KY., filed by B. T. Jones, agent, on behalf of The Pennsylvania Railroad Company and other carriers. Decided September 2, 1949. Long-and-short-haul relief, Southern Cement Rates, 132 I. C. C. 427, amended to include authority to maintain, on conditions, a carload rate the same as over the direct route.

F. S. A. No. 24384, SODA ASH FROM BATON ROUGE AND NORTH BATON ROUGE, LA., filed by J. G. Kerr, agent, for and on behalf of carriers parties to Agent C. A. Spaninger's tariff I. C. C. No. 1093. Decided September 13, 1949. Longand-short-haul relief granted, on conditions, to maintain on soda ash, in carloads, to Panama City and Port St. Joe, Fla., rates the same as over the direct routes. F. S. A. No. 24410, GLYCERINE FROM KANSAS CITY, MO-KANS., filed by L. E. Kipp, agent, for carriers parties to his tariff I. C. C. No. A-3589. Decided August 31, 1949. Long-and-short-haul relief granted, on conditions, to establish and maintain to points in official territory, also Louisville, Ky., carload commodity rates constructed on basis of 371⁄2 percent of 110 percent of appendix E first-class scale prescribed in Eastern Class Rate Investigation, 164 I. C. C. 314 and 171

I. C. C. 481, extended beyond 1,500 miles, plus general increases authorized since June 30, 1946.

F. S. A. No. 24426, WOOD CHARCOAL FROM CROSSETT, ARK., TO VIRGINIA, filed by D. Q. Marsh, agent, for carriers parties to his tariff I. C. C. No. 3638. Decided September 9, 1949. Long-and-short-haul relief granted, on conditions, to maintain to Lynchburg, Norfolk, and other specified points in Virginia, carload commodity rates constructed on same basis as rates on like property from Memphis, Tenn., which are 20 percent of first-class rates under docket No. 13494. F. S. A. No. 24430, SCRAP PAper from and TO TEXAS, filed by Ira D. Dodge, agent, for the Chicago, Rock Island and Pacific Railroad Company, and other carriers. Decided September 2, 1949. Long-and-short-haul relief granted, on conditions, to maintain from Amarillo and Paris, Tex., to Dallas and Fort Worth, Tex., carload rates the same as over intrastate routes.

F. S. A. Nos. 24434 and 24435, Alumina from Bauxite, Ark., to OFFICIAL TERRITORY, filed by D. Q. Marsh, agent, for carriers parties to his tariff I. C. C. No. 3638. Decided August 31, 1949. Long-and-short-haul relief granted, on conditions, to maintain to Madison, Wis., and Northbrook, Ill., carload rates the same as over direct routes, and to Shelton, Conn., and Suspension Bridge, N. Y., carload rates constructed on basis of 15 percent of the first-class rates prescribed in Consolidated Southwestern Cases, 205 I. C. C. 601, increased 10 percent, plus general increases authorized since June 30, 1946.

F. S. A. No. 24437, SULPHURIC ACID FROM ALBANY, GA., TO FLORIDA, filed by J. G. Kerr, agent, for Seaboard Air Line Railroad Company and other carriers. Decided September 2, 1949. Long-and-short-haul relief granted, on conditions, to maintain over circuitous routes from Albany, Ga., to Jacksonville and South Jacksonville, Fla., carload rate the same as over the direct routes.

F. S. A. No. 24438, WOOD PULP FROM FLORIDA AND THE CAROLINAS TO WESTERN TRUNK LINE TERRITORY, filed by J. G. Kerr, agent, for carriers parties to Agent C. A. Spaninger's tariff I. C. C. No. 1051. Decided September 2, 1949. Longand-short-haul relief granted, on conditions, to maintain over circuitous routes from Hudson and Palatka, Fla., Rockingham, N. C., and Hartsville, S. C., to specified destinations in western trunk-line territory, carload rates the same as over direct routes determined in relation to constructive first-class rates.

F. S. A. No. 24443, FORMALDEHYDE FROM BISHOP AND WINNIE, TEX., filed by D. Q. Marsh, agent, for carriers parties to his tariff I. C. C. No. 3752. Decided September 8, 1949. Long-and-short-haul relief granted, on conditions, to maintain to specified destinations in official, southern, and western trunk-line territories, tank-car load rates constructed 30 percent of first-class rates prescribed in Consolidated Southwestern Cases, 205 I. C. C. 601 and 211 I. C. C. 575, plus subsequently authorized increases.

F. S. A. No. 24446, SUGAR TO POINTS IN ALABAMA, filed by J. G. Kerr, agent, for carriers parties to Agent W. P. Emerson, Jr.'s tariff I. C. C. No. 380. Decided September 9, 1949. Long-and-short-haul relief granted, on conditions, to maintain from Port Wentworth and Savannah, Ga., to Alabama City, Altoona, Attalla, and Gadsden, Ala., carload rates the same as over direct routes.

F. S. A. No. 24447, COAL TO TERRE HAUTE, IND., filed by Roy S. Kern, agent, for The New York Central Railroad Company and the Cambria and Indiana Railroad Company. Decided September 13, 1949. Long-and-short-haul relief, Coal to Terre Haute, Ind., 253 I. C. C. 1, amended to include authority to maintain on coal, bituminous, blacksmith, and cannel, from mines and stations in eastern Pennsylvania in outer crescent Clearfield district, carload rates the same as over competing routes.

F. S. A. No. 24453, GASOLINE AND PETROLEUM PRODUCTS FROM MOOREHEAD, MINN., filed by the Minneapolis, St. Paul & Sault Ste. Marie Railroad Company, for itself and on behalf of the Great Northern Railway Company. Decided September 2, 1949. Long-and-short-haul relief granted, on conditions, to maintain over circuitous route to Coleharbor and Riverdale Junction, N. Dak., tankcar load rates the same as over the direct route.

BY DIVISION 2, COMMISSIONERS AITCHISON, SPLAWN, AND ALLDREDGE

F. S. A. No. 21257, RECLAIMED RUBBER From Gadsden, Ala., and MEMPHIS, TENN., filed by L. E. Kipp, agent, for carriers parties to his tariff I. C. C. No A-3615 and Agent C. A. Spaninger's tariff I. C. C. No. 976. Decided May 17, 1949. Long-and-short-haul relief granted, on conditions, to maintain to Topeka, Kans., Des Moines and Highland Park, Iowa, carload rates constructed on basis of 22.5 percent of first-class rates in effect June 30, 1946, plus subsequently authorized general increases.

F. S. A. No. 23228, LUMBER AND RELATED ARTICLES FROM THE SOUTHWEST, filed by B. T. Jones, agent, on behalf of carriers parties to Agent D. Q. Marsh's tariff I. C. C. No. 3709. Decided June 9, 1949. Long-and-short-haul relief granted, on conditions, to maintain over circuitous routes to Lawrenceburg and Aurora, Ind., carload rates the same as over the short tariff route.

F. S. A. No. 23635, GRANITE FROM VERMONT, filed jointly by C. W. Boin and I. N. Doe, agents, for carriers parties to Agent I. N. Doe's tariff I. C. C. No. 554. Decided May 24, 1949. Long-and-short-haul relief granted, on conditions, to maintain less-than-carload rates from Barre and other specified points in Vermont and from West Chelmsford, Mass., to destinations in trunk-line and New England territories constructed on basis of 50 percent of first-class rates prescribed in Eastern Class Rate Investigation, 164 I. C. C. 314, and reports supplemental thereto, plus authorized increases.

F. S. A. No. 23800, Ground RICE HULLS WITHIN SOUTHERN TERRITORY, filed by Roy Pope, agent, for carriers parties to Agent C. A. Spaninger's tariff I. C. C. No. 975. Decided May 5, 1949. Long-and-short-haul relief granted, on conditions, to maintain carload rates on ground rice hulls in bulk in bags the same as on ground rice hulls in bulk.

F. S. A. No. 23812, Granite and Marble FROM VERMONT, filed by C. W. Boin and I. N. Doe, agents, for carriers parties to application No. 19213. Decided May 24, 1949. Long-and-short-haul relief granted, on conditions, to maintain less-than-carload rates on granite and marble from the Proctor, Vt., district to New England territory, including trunk-line-New England border points, constructed on basis of 50 percent of first-class rates prescribed or approved in Eastern Class Rate Investigation, 164 I. C. C. 314, from Proctor to the same points.

F. S. A. No. 23823, PHOSPHATE ROCK TO CHICAGO AND JOLIET, ILL., filed by R. G. Raasch, agent, for carriers parties to Atlantic Coast Line Railroad Company's tariff I. C. C. No. B-3160 and Seaboard Air Line Railroad Company's tariff I. C. C. No. A-8138. Decided September 2, 1949. Long-and-short-haul relief granted, on conditions, to maintain on phosphate rock and related articles, over circuitous routes from Bartow, Fla., and other points in Florida accorded the same rates, carload rates the same as over the direct route.

F. S. A. Nos. 23865, 23906, 24003, 24124, and 24171, COMMODITY RATES FROM AND TO BAISDEN, W. Va., and OTHER POINTS IN SOUTHERN TERRITORY, filed by Roy Pope, agent, or J. G. Kerr, agent, for carriers parties to Consolidated Freight Classification No. 18, Agent Robert E. Boyle, Jr.'s I. C. C. No. 106. Decided June 14, 1949. Long-and-short-haul relief granted, on conditions, to maintain 274 I. C. C.

between Baisden, W. Va., Jewell Ridge, Pine Mountain, White City, Vogue, Moss Hill, and Pee Vee, Ky., and Capol, N. C., and interstate points, carload and less-than-carload commodity rates the same as from or to adjacent points. F. S. A. No. 23882, FLAX STRAW TO PISGAH FOREST, N. C., filed by L. E. Kipp, agent, for the Chicago Great Western Railway Company and other carriers. Decided May 31, 1949. Long-and-short-haul relief granted, on conditions, to maintain from Winona, Minn., a carload rate the same as over the direct route, constructed on basis prescribed in Ecusta Paper Corp. v. Alton R. Co., 262 I. C. C. 330.

F. S. A. No. 23951, CLASS RATES FROM AND TO MINNESOTA POINTS, filed by L. E. Kipp, agent, for carriers parties to his tariff I. C. C. No. A-2593 and others. Decided June 21, 1949. Long-and short-haul relief, Western Trunk Line Fourth Section Class Rates, 238 I. C. C. 255, amended to include authority to maintain class rates between Isabella, Sawbill Landing, and Forest Center, Minn., and points in western trunk-line and official territories.

F. S. A. No. 23956, CHEMICALS FROM THE EAST TO BORDER TERRITORY, filed by J. G. Kerr, agent, for carriers parties to Agent C. W. Boin's tariff I. C. C. No. A-726. Decided May 5, 1949. Long-and-short-haul relief, Commodity Rates Between Border Territory and the East, 248 I. C. C. 37, amended to include authority to maintain on dichlorodifluoromethane-monofluorotrichloromethane mixture, in steel cylinders, carload rates on basis of 45 percent of constructive first-class rates. F. S. A. No. 23969, FINE COAL TO CHARLESTON, S. C., filed by J. G. Kerr, agent, on behalf of the Atlantic Coast Line Railroad Company and other carriers. Decided May 26, 1949. Long-and-short-haul relief, Coal to Charleston, S. C., Savannah and Brunswick, Ga., 223 I. C. C. 577, amended to include authority to maintain on fine coal, in carloads, from Louisville and Nashville Railroad and Nashville, Chattanooga & St. Louis Railway mines in Alabama, Kentucky, Tennessee, and Virginia to Charleston, S. C., carload rates the same over additional routes as over competing routes.

F. S. A. No. 23983, CLASS RATES BETWEEN ATLANTA, GA., and CHARLESTON & WESTERN CAROLINA RAILWAY CO. STATIONS, filed by J. G. Kerr, agent, for the Atlanta and West Point Rail Road Company and other carriers. Decided July 6, 1949. Long-and-short-haul relief granted, on conditions, to maintain (a) between points in the Atlanta, Ga., group and points in the Anderson, Calhoun Falls, and Greenville, S. C., groups, and (b) between points in the Madison, Ga., group and points in the Calhoun Falls group, class rates and rates made percentages thereof, the same as over the direct route.

F. S. A. No. 24040, ASPHALT FROM WHIPPANY, N. J., filed by C. W. Boin, agent, for carriers parties to the proceeding cited below. Decided June 7, 1949. Long-and-short-haul relief, Asphalt to Trunk Line and Central Territories, 262 I. C. C. 105, amended to include authority to maintain carload rates the same from Whippany, N. J., to border and central territories as from Rutherford, N. J. F. S. A. No. 24059, CLAY FROM POPLAR, MD., TO LANCASTER, PA., filed by C. W. Boin, agent, for The Baltimore and Ohio Railroad Company and the Reading Company. Decided August 30, 1949. Long-and-short-haul relief granted, on conditions, to maintain over applicants' indirect route a carload commodity rate the same as in effect over the direct route, constructed on basis prescribed on brick in National Paving Brick Mfrs. Assn. v. Alabama & V. Ry. Co., 68 I. C. C. 213, increased 10 percent, plus subsequent general increases.

F. S. A. No. 24096, VEGETABLES FROM TEXAS TO PACIFIC COAST TERRITORY, filed by Missouri Pacific Railroad Company and New Orleans, Texas & Mexico Railway Company for carriers parties to Agent L. E. Kipp's tariffs I. C. C. Nos. 1508 and 1522. Decided September 15, 1949. Long-and-short-haul relief