fy that an emergency existed.—United States v. Thompson, 58 Fed. Supp. 213 (215). Finding by the commission of existence of the emergency is a finding of fact which the court is without authority to overrule.-Id., p. 215. The order was not objectionable for failure to specify the section of the country to which it applied, the language used by the commission making existence of the emergency co-extensive throughout the country with its authority. Id., p. 215. Orders under the powers delegated by $1(15) being justified only because of existence of an emergency, continuance in effect of such orders can only be justified because of and so long as the emergency continues.-Id., p. 216. 4. Directions as to car service.-A directive issued under the emergency provisions of par. (15) must specify the time during which the order is to remain in effect. United States V. Thompson, 58 Fed. Supp. 213(216). 5. Service orders.-Computation of free time and scale of demurrage charges are rules with respect to use, supply or movement of cars, within the meaning of §1(15), authorizing the commission, when an emergency exists, without hearing, to issue, effective for a limited time, orders in respect thereto. -Iversen v. United States, 63 Fed. Supp. 1001(1005)*. The commission could issue service order directing changes in computation of free time in scale of demurrage charges, without hearing, which order is not invalid because 30 days' notice was not given to Price Administrator, under provisions of the Stabilization Act, inasmuch as there would be no hearing at which the Administrator could intervene if he had notice.-Id., p. 1006. Whether service orders were invalid because made applicable to intrastate as well as interstate commerce not considered, averments not touching upon intrastate traffic, but setting out that plaintiffs were engaged in interstate and foreign commerce.—Id., p. 1006. The purpose of the commission's order being to speed up unloading of cars to prevent shortage of equipment, the labor situation on certain days being such that enforcement would fail to accomplish that purpose, but would rather result only in payments to the railroad by the shippers, such orders as to Christmas and New Year holidays will not be enforced.-Id., p. 1006. Regulations of the Commission Coal: No. 269, Dec. 28, 1944, Jan. 22, 1945. No. 270, Dec. 30, 1944, Jan. 6, 1945, Apr. 5, 1945. No. 272, Jan. 10, Feb. 17, 1945. No. 278, Jan. 29, 1945. No. 261, Apr. 20, 1945. No. 306, May 8, 17, 1945. No. 307, May 8, 14, 1945. Nos. 321, 322, June 25, July 14, 1945. No. 360, Oct. 25, 1945. Embargo, because of strikes: No. 380, Nov. 26, 30, 1945. No. 391, Dec. 4, 1945. No. 392, Dec. 4, 14, 18, 21, 1945. No. 410, Dec. 18, 20, 21, 1945. Nos. 413, 414, Dec. 18, 1945. No. 416, Dec. 19, 1945. No. 417, Dec. 27, 1945, Jan. 3, 5, 8, 1946. No. 424, Dec. 29, 1945, No. 433, Jan. 16, 22, 25, 29, 1946. Embargo of 1. c. l. freight: No. 418, Dec. 28, 1945. No. 419, Lec. 28, 1945, Jan. 4. 9, 18, 31, 1946, Feb. 7, 1946. No. 420, Dec. 28, 1945, Jan. 2, 1946. No. 423, Dec. 29, 1945, Jan. 3, 5, 10, 1946. No. 437, Jan. 17, 23, 29, 1946. Emergency routing ordered: No. 284, Feb. 23, 1945, Mar. 1, 1945. No. 315, June 14, 1945. No. 333, July 10, 1945. No. 339, July 21, 1945. No. 348, Aug. 8, 1945. No. 109, Aug. 13, 1945. No. 114, Sept. 21, 1945. No. 354, Oct. 1, Oct. 30, Dec. 27, 1945, June 27, 1946. No. 435, Jan. 17, 22, 1946. No. 451, Feb. 11, 18, 1946. No. 498, Apr. 30, 1946. No. 530, June 12, 19, 1946. No. 546, July 12, 81, 1946. Empty cars: No. 324, June 29, 1945. No. 335, July 12, 1945. Immediate unloading ordered: From Dec. 26, 1944 through Aug. 2, 1946: Nos. 264-8, 279, 281, 283, 285, 296, 297, 309, 310, 314, 316, 320, 325, 329, 336, 342, 347, 349, 351, 353, 355, 356, 358, 359, 361, 363, 366, 372-379, 382-390, 393, 395, 397, 398-409, 412, 415, 421, 425, 426, 427, 428, 429, 431, 440, 441, 442, 443, 444, 445, 447, 448, 452, 453, 455-457, 459, 460, 464 - 473, 475478, 481, 482, 483-492, 496, 497, 499-501, 505513, 515, 516, 519, 524, 526-529, 532, 533, 536540, 542-545, 547-549, 553, 556, 557, 561, 563-571. Miscellaneous: No. 289, refrigerator cars, Mar. 1, 10, 1945, No. 291, Mar. 12, 1945, Nos. 69 and 74, Aug. 22, 1945. No. 572, Aug. 2, 1946. Routing symbol traffic: No. 276, Jan. 22, Feb. 19, 1945. No. 298, Mar. 27, Apr. 3, 1945. Weighing discontinued: No. 352, Aug. 24, Sept. 28, 1945. Code, Federal Register, Part 95: Closed box cars: No. 242-B, Mar. 15, June 6, Sept. 6, 1945. No. 246-B, Mar. 29, Sept. 6, 1945. No. 369, Nov. 9, Dec. 11, 1945, Jan. 11, 1946, Mar. 6, Apr. 2, June 7, July 17, Aug. 1, 1946. No. 370, Nov. 9, Dec. 14, 1945, Jan. 11, 1946, Mar. 6, Apr. 2, June 7, 1946. Coal: Nos. 120, 121, Parts 95.11, 95.12, Aug. 8, 1945. No. 480, Mar. 28, Apr. 11, 30, May 14, 20, 1946. No. 525, May 28, 29, 1946. No. 535, June 19, 1946. No. 550-552, July 18, 1946. No. 560, July 25, 1946. Director of Food Distribution Permit: No. 259, Dec. 18, 1944, Jan. 29, 1945, Feb. 8, 26, Mar. 20, Apr. 19, 21 to July 12, 1945. No. 287, Feb. 24, Mar. 6, 1945. No. 350, Aug. 8, 27, 1945. No. 449, Jan. 31, Feb. 21, Mar. 6, 1946. Diversion, rerouting: No. 92, Parts, 95.3, 95.31, 95.32, July 18, 1946. No. 240, July 30, 1946. Embargo of freight: No, 520, May 21, 26, 1946. Empty cars: No. 317, June 23, July 27, 1945. No. 362, Oct. 29, 1945. No. 432, Jan. 10, 1946. No. 439, Jan. 23, Mar. 4, 1946. No. 534, June 18, 1946. Flat cars: No. 113, Sept. 6, 1945. Foreign shipments: No. 107, Dec. 27, 1944, Aug. 14, 1945, Feb. 28, 1946. No. 117, Part 95.7, Aug. 24, 1945. No. 327, July 4, 1945. No. 135, Part 95.502, July 30, 1946. No. 234, July 30, 1946. Grain: No. 80, Part 95.19, Dec. 26, 1944Dec. 21, 1945. No. 273, Jan. 11, 1945. No. 244, Feb. 24, Mar. 21, 1945, Jan. 31, Feb. 28, June 19, 1946. No. 304, Apr. 25, May 7, 10, 28, June 29, 1945. No. 311, May 25, 1945. No. 160, Part 95.34, July 6, Sept. 28, Oct. 12, Nov. 14, 1945. No. 103, Part 95.4, Sept. 20, 1945. No. 450, Feb. 8, 11, 14, Mar. 5, 29, 1946. No. 458, Feb. 27, Mar. 4, 7, 29, May 14, 1946. No. 531, June 14, 20, 1946. Hopper cars: No. 328, July 4, 1945. Icing restrictions: No. 260, Dec. 11, 1944, Apr. 80, 1945, July 30, 1946. No. 262, Dec. 18, 1944, May 7, 1945. No. 282, Feb. 13, 17, Mar. 17, 1945. No. 300, Apr. 13, 19, June 4, 1945. No. 303, Apr. 19, 21, 30, 1945. No. 808, May 15, June 18, 20, July 26, Aug. 4, 1945. No. 318, June 23, 26, July 26, Aug. 25, 1945. No. 323, June 29, July 26, Aug. 25, 1945. No. 330, July 5, 6, 20, Sept. 20, 1945. No. 344, Aug. 4, Sept. 20, 1945. No. 345, Aug. 4, 9, Sept. 11, 20, 1945. No. 846, Aug. 4, 9, Sept. 11, 20, 1945. No. 205, Oct. 12, 1945. No. 411, Dec. 18, 1945, June 17, 1946. No. 479, Mar. 28, 1946. No. 129, July 30, 1946. Immediate unloading ordered: No. 368, Nov. 9, 1945. No. 422, Dec. 29, 1945, Mar. 6, 1946. Miscellaneous: No. 286, Feb. 24, 1945. No. 801, April 18, Aug. 22, 1945. No. 68, Part 95.15, May 23, June 29, Aug. Sept. 20, 1945, Jan. 8, June 20, 1946. No. 312, May 28, Sept. 5, 17, 1945. No. 826, June 30, 1945. No. 382, July 7, Aug. 22, 1945. No. 331, July 7, 14, 1945. No. 340, July 24, Nov. 7, 1945, Jan. 10, June 27, 1946, No. 171, Part 95.326, Aug. 17, 1945. No. 183, Part 95.503, Sept. 17, 1945. No. 70-B, Part 95.35, Sept. 20, 1945, July 30, 1946. No. 71, Part 95.16, Sept. 20, Oct. 5, Nov. 23, 1945. No. 871, Nov. 9, 13, Dec. 19, 1945, Jan. 3, Mar. 1, 1946. No. 881, Nov. 26, 1945, Mar. 6, June 27, 1946. No. 249, Dec. 5, 1945. No. 434, Jan. 14, Feb. 28, 1946. No. 438, Jan. 23, Mar. 6, 1946. No. 454, Feb. 14, June 27, 1946. No. 462, Mar. 6, 11, Apr. 2, 1946. No. 463, Mar. 6, 1946. No. 474, Mar. 19, Apr. 2, 1946. No. 87, Part 95.500, Apr. 29, Aug. 1, 1946. No. 502, May 7, 1946. No. 517, May 20, 1946. No. 518, May 21, 24, June 4, 1946. No. 541, July 3, 1946. No. 559, July 25, Aug. 1, 1946. No. 82, July 30, 1946. No. 85, Parts 95.1, 95.2, July 30, 1946. No. 105, Part 95.5, July 30, 1946. Peddling prohibited: No. 158, Dec. 5, 1945. Race horses and show animals: No. 271, Dec. 30, 1944, May 9, 1945. No. 334, July 10, Aug. 17, 1945. Reconsignment, diversion: No. 277, Jan. 26, 1945. No. 280, Feb. 2, 1945. No. 305, May 4, 15, 1945. No. 293, July 30, 1945. No. 396, Dec. 10, 1945, Feb. 11, Apr. 10, 1946. Refrigerator cars: No. 112, Jan. 6, July 13, Nov. 26, 1945, Mar. 6, 1946. No. 180, Jan. 6, Mar. 7, May 17, 24, Nov. 26, Dec. 7, 1945, Feb. 11, 21, Apr. 2, 10, June 20, 1946. No. 288, Feb. 27, 1945. No. 292, Mar. 13, 1945. No. 104, Apr. 25, May 24, June 25, July 24, 80, Aug. 30, 1945; Jan. 18, 28, Feb. 21, 28, Apr. 9, 1946. No. 819, June 28, 25, 1945. No. 838, July 17, 21, 1945. No. 254, Aug. 22, 1945. No. 357, Oct. 16, 25, 1945. No. 894, Dec. 7, 18, 21, 1945, Jan. 5, Feb. 11, 21, Mar. 1, Apr. 10, 1946. No. 93, Part 95.301, Dec. 14, 1945, Jan. 10, 1946, Feb. 28, 1946. No. 95, Part 95.302, Dec. 14, 20, 1945, Apr. 10, June 19, 1946. No. 436, Jan. 16, Feb. 11, Apr. 10, 1946. No. 188, Feb. 11, 21, Apr. 2, 10, 1946. No. 558, July 24, 81, 1946. No. 201, Part 95.338, July 30, 1946. Rough box cars: No. 221, July 30, 1946. Tank cars: No. 263, Dec. 23, 1944, Jan. 12, 1945, Jan. 17-June 12, Aug. 22, 1945. Trains, locomotives: No. 151, July 10, Sept. 20, 1945. Weighing discontinued: No. 139, Apr. 30, 1945. No. 142, Apr. 80, 1945. No. 243, Aug. 3, Sept. 17, 1945. Code, Federal Register, Part 96: No. 100, Sept. 26, 1945, Part 96.2. No. 461, Feb. 28, June 27, 1946. No. 523, May 23, June 27, 1946. Code, Federal Register, Part 97: Emergency routing ordered: No. 189, Dec. 26, 1944, Part 97.12, Jan. 8, 20, 1945, Feb. 8, 16, Mar. 7, Part 97.12, 22, June 20, Part 97.12, Oct. 8, Dec. 19, 1945. No. 275, Jan. 20, 27, 1945. No. 222, Feb. 8, 1945, Jan. 23, 24, 1946. No. 290, Mar. 8, 1945. No. 299, Mar. 31, Apr. 2, 9, 17, 1945. No. 302, Apr. 16, 23, May 3, 1945. No. 99, May 10, Oct. 15, 26, 1945, Jan. 4, 1946. No. 177, Part 97.11, Aug. 17, 1945. No. 97, Part 97.1, Sept. 18, 1945. No. 110, Part 97.7, Aug. 22, 1945. No. 446, Jan. 31, 1946. No. 514, May 18, 1946. No. 562, July 26, 1946. Code, Federal Register, Part 98: No. 218, July 30, 1946. Code, Federal Register, Parts 199 and 321: No. 521, Parts 199.2, 821.2, May 28, 27, 1946. No. 522, Parts 199.1, 321.1, May 23, 25, 27, 1946. Under the Emergency Price Control Act, it is the prerogative of the Office of Price Administration, rather than that of the Air Corps or the commission, to determine ceiling prices on transportation of air corps equipment by a motor contract carrier.-E. & L. Transport Co. v. Bowles, 151 Fed. (2d) 274(279). Regardless of complete change in State commission personnel, presumption of wise and just action in public interest, in prescribing rates for street car, trackless trolley, and bus system, and in accordance with Stabilization Act-see Bowles v. Indianapolis Rys., 64 Fed. Supp. 865, affirmed, 154 Fed. (2d) 218. Findings which do not contemplate any material change in form of the grain rate structure to the South, and have the effect of reducing their general level, are not in conflict with policies of the Price Administrator. Grain to, from, and within Southern Territory, 259 I.C.C. 629(787).* Adjustment of rates on ex-barge traffic as provided by the act will not adversely affect the wartime stabilization program.-Grain Proportionals, Ex-Barge to Official Territory, 262 LC.C. 7(29).* Inflationary tendency of general rate increases is a factor taken into consideration by the commission, but is not the sole test of reasonableness.-Roofing and Building Materials from N. J. to N. Y. Points, 44 M.C.C. 200(203). Boxes and paper are subject to maximum price regulations under which any increased transportation charges would generally have to be borne by the shipper.-Paper Articles in Middle Atlantic Territory, 44 M.C.C. 414(415). The 10-percent increase in passenger fares has not had any inflationary effect.-Increased Railway Rates, Fares, and Charges, 1942, 259 I.C.C. 159 (189).* Since proposed increases would result merely in establishment of rates heretofore found reasonable, and in effect many years, they will not contribute to price inflation.-Rates on Crushed Stone, Gravel, Sand, and Slag in Ohio, 259 I.C.C. 423(428).* Importance of establishing a reasonable, nondiscriminatory, and stable adjustment of rates to northern Illinois destinations outweighs stabilization considerations raised.-Coal to Beloit, Wis., and Northern Illinois, 263 L.C.C. 179(207). Pipe Lines By act of June 8, 1945, expiration date of act to facilitate construction, extension, completion, of interstate petroleum pipe lines related to national defense was extended to June 30, 1946. Section 1. (16), (17)(a), (b).—[Unchanged. See vol. 9, p. 7294, 7295, vol. 11, p. 9127.] Amendments, see footnotes, vol. 2, p. 962, 963; historical note, vol. 2, p. 887. Notes of Decisions §1(16): Volume 2-p. 962 Volume 9-p. 7294 §1(17)(a): Volume 2-p. 963 Section 1. (18) Extension or abandonment of lines; certificate required; contracts for joint use of spurs; switches, etc.-[Unchanged. See vol. 9, p. 7296, vol. 11, p. 9128.] Amendments, see footnotes, vol. 2, p. 964; historical note, p. 964, vol. 9, p. 7296, vol. 11, p. 9128, vol. 12, p. 10211. Historical Note During the year ended Oct. 31, 1944, 72 applications were filed for permission to abandon 1,119 miles of railroad and 54 miles of operations under trackage rights. The commission granted in whole, or in part, 61 applications, involving 618 miles of branch lines of class I carriers, including trackage rights, and 183 miles of short lines, or 801 miles.—Annual Report, 1944, p. 41. Notes of Decisions Volume 2-p. 966 Volume 6-p. 4934 Volume 9-p. 7297 Volume 11-p. 9128 Volume 12-p. 10212 Additional heading: 31a.-Termination of lease. In General 4. State statutes and regulations.— The pending State proceeding does not preclude institution and prosecution of abandonment proceedings before the commission as to interstate and foreign commerce.-Nezperce & I. R. Co. Abandonment, 257 I. C. C. 81(82). 5. Construction of paragraph in general. Restriction to carriage of certain commodities, see n. 76, infra. 8. Effective date of paragraph; construction previously begun.-In performance of operation of loading and unloading service, begun long prior to enactment of §1(18)-(20), the stockyards company incurred the relationship and duty to the public of a common carrier by railroad subject to the act.-Livestock Terminal Service Co. Abandonment, 257 I. C. C. 1(6). Acts for Which Certificate 31a. Termination of lease.-A lessor company by operation of law immediately becomes responsible for operation of railroad properties owned by it upon termination of a lease thereof. No certificate is needed because the lessor's obligations and duties to the public have never ceased, but have been performed by the lessee for its benefit, and when the latter no longer can perform such obligations, the duties must be performed by the lessor.-Hoboken Rail Road, Ware House & S. S. Connecting Co. Operation, 257 I. C. C. 739 (744)*. It is not the commission's duty to consider what practical effect termination of the lease will have upon operation of the properties. Such matters are properly before the bankruptcy court, and applicant will be under the impelling duty to operate whatever properties may revert to it under the court's order.-Id., p. 744. To the same effect, 257 I. C. C. 1, 202 I. C. C. 659; review of authorities, 123 P. (2d) 224. Though the 34. Trackage rights. trackage rights contract were terminated pursuant to its terms, a certificate would still be required under §1(18).— Thompson v. Texas Mexican Ry. Co., U. S. The commission has the power under §1 (18) to refuse to allow abandonment of the operation. It has the power under §5 (2) to fix reasonable rental for use of the facility regardless of the consent of the other carrier party to the trackage agreement. Denial of that power to the commission is not required by the language of §5(2) (a), and this construction of §5 (2) (a) is in harmony with the power of the commission under §1(18) to refuse to authorize abandonment of operations.-Id. See also 85(2), n. 56; Bankruptcy Act. t.ll, §205, n. 65, 67. Public Convenience and Necessity 44. In general-Since the loading and unloading service at the union stock yards has been performed for 50 years, furnishing the only suitable service available, and it has not been shown that it is no longer needed, it must be presumed that public convenience and necessity do not permit its discontinuance.-Livestock Terminal Service Co. Abandonment, 257 I. C. C. 1(6). Abandonment 60. Losses from operation.—If railroads were not permitted to eliminate the infection of unprofitable operation on short branch lines, that infection might continue to spread as a cancerous growth to the main stems and sap the strength of the entire system, thereby directly affecting their ability to render adequate service in interstate commerce.-Seaboard Air Line Ry. Co. Receivers Abandonment, 257 I. C. C. 785(792). It is contrary to purposes of abandonment provisions and inconsistent with purpose of the act to require drains upon revenue of an interstate carrier flowing from operation of an unnecessary and unprofitable branch merely because system operations as a whole are profitable.-Id., p. 793. Since applicant has been operating at a loss, now has little, if any, hope of remaining solvent, continued operation of the loading and unloading service by it would impose an undue burden upon it.-Livestock Terminal Service Co. Abandonment, 257 I. C. C. 1(6). The stockyards company is no more under obligation than any other carrier to continue performance of transportation at a loss. If it is granted certificate to abandon, the duty of furnishing facilities, loading and unloading, will revert to and devolve upon the obligors, the railroads. The two should negotiate a solution of the situation having proper regard for paramount public interest.— Id., p. 8. Prosperity based on war-time operations is not alone sufficient to warrant maintenance and continued operation at a loss.-Pere Marquette Ry Co. Abandonment, 261 I. C. C. 586 (590). 64. Traffic insufficient to justify existence of line.-Authorized, because of loss of traffic, in part by reason of abandonment of other lines and preponderance of nonrecurring traffic, but not prior to commencement of operations by other carriers.-Oklahoma Ry. Co. Trustees Abandonment, 257 I. C. C. 177(180). Neither present nor prospective volume of traffic on the segment being sufficient to warrant retention, abandonment authorized.-Chicago, B. & Q. R. Co. Abandonment, 257 I. C. C. 700 (708). 65. Road unsafe for operation.-Line being in a poor state of maintenance, continued operation impossible without substantial rehabilitation, applicant unwilling or financially unable to repair it, abandonment authorized.-Nezperce & I. R. Co. Abandonment, 257 I. C. C. 81(85, 88). rons. 68. Interest of communities and pat-While abandonment will cause some loss and inconvenience to grain elevators and farmers, continued operation would impose an undue and unnecessary burden. Authorized, on condition that the line, or any part thereof, be sold for continued operation.-Nezperce & I. R. Co. Abandonment, 257 I. C. C. 81(88). Criticism of applicant for indifferent and infrequent service on the branch is of little relevance to the general issue of the territory's need for, and dependence on, direct rail service.-Pere Marquette Ry. Co. Abandonment, 261 I. C. C. 586(593). Such matters as abandonment causing decrease in value of farmland and other property tributary to the branch line, increase in taxes on such property, are not controlling. Abandonment |