Page Property Owners' Committee v. Chesapeake & O. Ry. Co., 237 I. C. C. 549 ... 448 Propriety of Operating Practices-Terminal Services, 209 I. C. C. 11. 5, 385 87 284 424 On-Chert, Clay, Sand, and Gravel, 122 I. C. C. 133; 160 I. C. C. Crushed Stone, Gravel, Sand, and Slag in Ohio, 191 I. C. C. 206.. 473 477 484 107 Red River Lbr. Co. Terminal Allowances, 234 I. C. C. 287_ 379 404, 444, 788 Refined Petroleum Products in the Southwest, 171 I. C. C. 381; 203 194, 591 Refrigeration Charges on Fruits, etc., from the South, 151 I. C. C. 649; 172 I. C. C. 3.. 27, 214 Regulations Concerning Employees Under Ry. Labor Act, 229 I. C. C. 410; 232 I. C. C. 49. Republic Portland Cement Co. v. Pennsylvania R. Co., 190 I. C. C. 39---- 290 47 348 361 353 496 Rice from the Southwest to North Atlantic Ports, 253 I. C. C. 311... Richmond Radiator Co. v. Chicago & N. W. Ry. Co., 115 I. C. C. 743... Rundle Mfg. Co. v. Chicago & N. W. Ry. Co., 251 I. C. C. 673_ _ St. Louis & S. F. Ry. Co. v. Missouri Public Serv. Comm., 254 U. S. 535.. 18 631 23, 337 188 4 27 284 77 531 156 St. Louis-S. F. Ry. Co., Trustees Abandonment, 233 I. C. C. 665....... 460 483 581 452 77 496 543 Sewage Sludge-and Tankage from Wisconsin, 218 I. C. C. 184. 199 From Chicago, Ill., 241 I. C. C. 421. 199 To Southern Ports, 195 I. C. C. 311... 199 Shafton Co. v. Florida East Coast Ry. Co., 208 I. C. C. 366.- 68 384 18 268 Smalstig v. Baltimore & O. R. Co., 243 I. C. C. 507; 255 I. C. C. 125.... 103 Southeastern Lumber, 42 I. C. C. 548.. Southeastern Vegetable Case, 200 I. C. C. 273. Page 423 664 150, 611 526 317 Southern Ry. Co. v. Indiana R. Comm., 236 U. S. 439. 531 26 36 Southern Pac. Co. v. Mashburn, 18 Fed. Supp. 393. St. Louis Hay & Grain Co., 214 U. S. 297_ Southwark Mfg. Co. v. Pennsylvania-R. Seashore Lines, 241 I. C. C. 233.. Soya Bean Meal to Pacific Coast Ports, 225 I. C. C. 51; 231 I. C. C. 411.. State of New Jersey v. Baltimore & O. R. Co., 245 I. C. C. 581.. 156 740 741 653 5 34 69, 430, 450 289, 302 Stopher v. Cincinnati Union Term. Co., Inc., 246 I. C. C. 41.___. Via Barge Routes from New Orleans, 183 I. C. C. 109.......... Sulphur to Erie, Pa., 246 I. C. C. 81.. Switching and Other Accessorial Charges, 214 I. C. C. 279. 500 154 Tennessee Products Corp. v. Chicago & N. W. Ry. Co., 253 I. C. C. 543__ 95, 730 532 487 353 342 Tobacco Merchants Assn. of United States v. Aberdeen & R. R. Co., 181 423 Toledo Switching Absorption, 50 I. C. C. 18.. 154 Trinidad Bean & Elevator Co. v. Chicago, B. & Q. R. Co., 185 I. C. C. 188.. United States Graphite Co. v. Baltimore & O. R. Co., 176 I. C. C. 240.. Wabers Products Co. v. Chicago & N. W. Ry. Co., 219 I. C. C. 473. 174 776 Weber Club & Intermountain Fair Assn. v. Oregon Short Line R. Co., 17 788 Weil v. Louisville & N. R. Co., 215 I. C. C. 28. 108 Westchester Rail Coal Dealers Bureau v. Delaware, L. & W. R. Co., 215 I. C. C. 642.. 411 West Coast Kalsomine Co. v. Aberdeen & R. R. Co., 190 I. C. C. 61----- Western Cement Rates, 48 I. C. C. 201; 69 I. C. C. 644- Page 4 145 598 372 364, 365 53 675 290 358 Western Trunk Line Class Rates, 164 I. C. C. 1; 204 I. C. C. 595; 246 I. Western Trunk Line Fourth Section Class Rates, 238 I. C. C. 255. Williamson-Halsell-Frasier Co. v Oregon Short Line R. Co., 185 I. C. C. 459 - Windsor Turned Goods Co. v. Chesapeake & O. Ry. Co., 18 I. C. C. 162. 543 452 775 221 256 I. C. C. INTERSTATE COMMERCE COMMISSION REPORTS No. 28824 SOUTHERN CALIFORNIA MINERALS COMPANY v. UNION PACIFIC RAILROAD COMPANY ET AL. Submitted March 26, 1943. Decided July 3, 1943 Rate sought to be applied on carload shipments of talc, in bags, from Los Angeles, Calif., to Stuttgart, Ark., Freeport, Ill., New Orleans, La., Baltimore, Md., New York, N. Y., Philadelphia, Pa., and Memphis, Tenn., found applicable. Applicable rates not shown to have been or to be unreasonable or otherwise unlawful. Complaint dismissed. E. W. Cox for complainants. C. A. Mitchell for interveners. J. E. Lyons, H. C. Barron, Elmer B. Collins, W. H. Fitzpatrick, and Dana T. Smith for defendants. REPORT OF THE COMMISSION 1 SPLAWN, Commissioner: The shortened procedure was followed. Complainants and interveners filed exceptions to the examiner's proposed report, and defendants replied thereto. Complainants, copartners trading under the name of the Southern California Minerals Company, allege by complaint filed April 27, 1942, as amended, that the rate sought to be applied, including the general increase in rates authorized March 2, 1942, on 16 carloads of stone, natural, ground, and/or soapstone talc, moving during the years 1940, 1941, and 1942, from Los Angeles, Calif., to Stuttgart, Ark., Freeport, Ill., New Orleans, La., Baltimore, Md., New York, N. Y., Philadelphia, Pa., and Memphis, Tenn., was inapplicable, unreasonable, and unduly prejudicial. Complainants ask the Commission to prescribe a lawful rate for the future and to award reparation. An 1Under authority of section 17 (2) of the Interstate Commerce Act, the above-entitled proceeding was referred by the Commission to Commissioner Splawn for consideration and disposition. informal complaint covering these shipments and containing the same allegations as here presented was filed by complainants on January 22, 1942, and closed on March 13, 1942. The American Finishing Company, a corporation engaged in bleaching, dyeing, and otherwise finishing and preparing cotton piece goods and other fabrics for ultimate use as finished products, at Memphis, and the Memphis Freight Bureau, a voluntary organization representing commercial interests in transportation matters at Memphis, intervened. The American Finishing Company alleges that it paid and bore the freight charges on 41 shipments of the same commodity, billed as "ground talc." It asks the Commission to award reparation on shipments moving between March 2, 1939, and October 3, 1942, and, in the event that the commodity shipped is classified as ground stone and subject to the rates applicable thereon, then it contends that the emergency charge authorized on March 2, 1942, on that commodity should be applied. Rates herein are stated in amounts per 100 pounds, and, except as noted, do not include the general increases authorized by the Commission on March 2, 1942. Complainants' shipments, weighing 1,346,895 pounds, moved as routed by complainants, one carload to Philadelphia and seven carloads to New York over the lines of the Union Pacific Railroad Company to San Bernardino, Calif., The Atchison, Topeka and Santa Fe Railway Company and affiliated companies to Houston, Tex., and the Agwilines, Inc. (Clyde-Mallory Lines), beyond. One carload to Baltimore moved over the lines of the Union Pacific to Colton, Calif., the Southern Pacific Company to Galveston, Tex., and the Southern Pacific Steamship Company beyond. One carload to Freeport, four carloads to Memphis, and one carload each to New Orleans and Stuttgart moved over all-rail routes formed by defendants' lines. Charges of $7,407.92 were collected at the commodity rate of 55 cents published to apply on stone, crushed or ground. Defendants now seek to collect additional charges of $2,289.72, based on a commodity rate of 72 cents on talc, or soapstone, crude, ground or unground. Effective March 18, 1942, the commodity rates of 55 and 72 cents on ground stone and talc became 57 and 76 cents, respectively. Effective May 15, 1943, these general increases in rates of 3 percent on ground stone and 6 percent on tale authorized by the Commission on March 2, 1942, were suspended by order of the Commission until January 1, 1944. The shipments were described in the bills of lading as 50-pound bags of "Stone, (natural) other than bituminous asphalt rock, In that proceeding, the Commission found that just and reasonable increases in rates in effect on March 2, 1942, would be 3 percent on ground stone and 6 percent on talc. |