INDEX DIGEST

ABSORPTION OF CHARGES. See SWITCHING.

ACCESSORIAL SERVICES. See BEDDING CARS; FLOATAGE; LINE HAUL;
REASONABLENESS, ETC.

ADJACENT FOREIGN COUNTRY. LONG AND SHORT HAUL: Lower rates
restricted to Canadian destinations could not be applied under intermediate rule
on granite from Vt. to Detroit. That tariff provided routing via Detroit did not
nullify the express limitation of the rates. Lloyd Bros. Co. v. Grand Trunk W. R.
Co., 164 (166).

ADVANCEMENT OF CHARGES.

Findings condemning rail and motor car-
riers' practice of advancing charges to forwarders were rendered obsolete by part
IV, which recognized forwarders as a transportation agency and subjected them
to regulation. In consideration of rule of rate making in sec. 406 (d), and of delay
in payment of forwarders' charges when carriers must first collect them from
consignees, carriers were authorized to advance published charges of forwarders
subject to the act. Freight Forwarding Investigation, 699.
ADVANTAGES. See PREFERENCE AND PREJUDICE.

AGGREGATE CHARGES. See LINE HAUL; LONG AND SHORT HAUL (Like
Commodities); SWITCHING (Long-and-Short-Haul Clause).

AGGREGATE OF INTERMEDIATES. See also LONG AND SHORT HAUL
(Relief, Generally).

AGGREGATE OVER DIFFERENT ROUTE: No presumption of unreasonableness
attaches to a joint rate over route of movement because a lower combination
applies over another route. Ethyl Gasoline Corp. v. Canadian National Rys.,
99 (102).

DETERMINATION OF INTERMEDIATE RATES: Test of intermediate rates under
aggregate clause is whether they form lowest combination applicable in absence
of through rates. When class rates to and from Watson, Calif., were not restricted
to domestic traffic and would apply on bananas from Los Angeles Harbor to Los
Angeles if higher through import rate was canceled, they constituted the aggre-
gate, notwithstanding the import rate applied to Watson under intermediate
rule. C. A. Glass Co., Inc., v. Pacific Electric Ry. Co., 541 (543).

THROUGH RATES EXCEEDING: Through import commodity rates subject to
rule 56, on bananas from Los Angeles Harbor to Los Angeles, less loading and
wharfage absorptions, were unreasonable to extent they exceeded combination
of class rates not restricted to domestic traffic, although latter were depressed to
meet truck competition. C. A. Glass Co., Inc., v. Pacific Electric Ry. Co., 541.
Holding out of rule 56 entitles shippers to reparation to basis of aggregate of
intermediate rates, regardless of their level. Id. (543.)
AGRICULTURE. See REDUCED-RATE TRANSPORTATION.

ALL-COMMODITY RATES. See CONSOLIDATED SHIPMENTS (Common-
Carrier Rates).

ALLOWANCES. See DELIVERY; SPOTTING.

ALTERNATIVE RATES. See PASSENGERS (Fares and Charges); PROTECTIVE
SERVICES; TRANSSHIPMENT.

ANY-QUANTITY RATES. See DISCRIMINATION (Equality, etc.).
BAGGAGE. See also TRANSPORTATION (Services Constituting). Policy of
allowing passengers to accompany redcaps or ride on baggage trucks and give
reasonable directions did not yield control to a degree defeating common-carrier
liability. Carrier's custody of baggage bearing a claim tag or actually being
watched or transported by a redcap was exclusive, and passenger regained
dominion only on surrender of claim check or payment of the service charge.
Dayton Union Ry. Co. Tariff for Redcap Service, 289 (295, 301);

-Publication of redcap charges in tariff form would not extend carrier's
liability as an insurer. Degree of liability is a judicial question, the statute being
silent. Id. (302).

BARGE LINES. See DISCRIMINATION (Connecting Lines).

BEDDING CARS. Charges collected for bedding livestock cars, which by
tariff publication were made part of defendant's line-haul rates, took prece-
dence over lower charges named in general tariff in which defendant partici-
pated, even though conflicting therewith. Rogers v. Cincinnati, N. O. & T.
P. Ry. Co., 23 (24);

-Applicable charges found unreasonable to extent they exceeded uniform
basic charges established under Federal Control, as subjected to general increases,
which charges had been approved by Commission and were currently maintained
in other territories and by other carriers at Lexington. Cost to defendant was
not controlling, as the uniform basis was predicated on average costs. Id. (28).

While furnishing of bedding for livestock shipments is incidental and necessary
to line-haul movement, carrier's arrangement for bedding of cars by stockyards
company was an auxiliary service and not transportation in the sense that it was
handling of lading. Id. (26, 27).
BILLING. See COMMODITIES.
BOUNDARIES.

Charges).

See also GROUPs and Group RATES; PASSENGERS (Fares and

STATE: Since exact location of long-disputed D. C.-Va. boundary line could
not be determined in proceeding to fix reasonable fares between D. C. and adjacent
Government installations, latter were considered to be in Va. Passenger Fares,
D. C., Nearby Va., 769 (774).

BURDEN OF PROOF. See INVESTIGATION AND SUSPENSION; REASONABLE-
NESS, ETC. (Long Continuance); SIMILAR CIRCUMSTANCES AND CONDITIONS
(Preference and Prejudice).

BURDEN OF TRANSPORTATION.

See COST OF SERVICE (Cost Studies;

Factor in Reasonableness); VALUE OF SERVICE.

CANADA. See ADJACENT FOREIGN COUNTRY; LIVESTOCK (Rates and Charges).
CARETAKERS. See LIVESTOCK (In General).

CAR FLOATS. See FLOATAGE.

CARLOAD RATES. See CONSOLIDATED SHIPMENTS (Common-Carrier Rates).
CARS. See COST OF SERVICE (Protective Services); PASSENGERS (Tickets);
SPOTTING.

CAR SERVICE. RULES: State laws limiting length of trains or number of
cars are car-service regulations within sec. 1 (10) and (15), since they affect
number and supply of locomotives and trains, and as such Commission had power
to suspend their operation, during the war emergency, under sec. 1 (1)–(4) and
(10)-(17) and the national transportation policy. Service Order No. 85, 523 (529,
539).

SAFE AND ADEQUATE: State laws limiting number of cars in trains prevented
carriers' compliance with requirement of sec. 1 (11) for safe and adequate car
service. Operation in other States of freight and passenger trains exceeding 70

and 14 cars, respectively, demonstrated their safety except under unusual operat-
ing conditions; and service adequate to the war effort demanded the utmost in
car and locomotive efficiency. Service Order No. 85, 523 (536).
CIRCUITY. See also ROUTES.

LIMITATIONS ON LONG-AND-SHORT-HAUL RELIEF: Fourth-section relief on
paper was subject to circuity limitations effective 6 months after termination of
the war. Paper from the Southwest to Official Territory, 115 (122).
CLASSIFICATION (PROPERTY). See also COMMODITIES; LIVESTOCK (Rates
and Charges); SCHEDULES (Construction); VALUE.

COMBINATION ARTICLES: Since boilers are heat conductors only, boilers with
burners attached were combination articles, and rating on burners, rather than
lower rating on boilers, applied under classification rule 18 when no rating was
provided on combination articles. National Radiator Co. v. Pennsylvania
R. Co., 82.

EXCEPTIONS: Introductory provisions preceding territorial application of
classification exceptions must be given effect. Although import class rates from
New Orleans were subject to exceptions "provided in territorial application H,"
heading of item H required specific alphabetical reference, and when exceptions
rating on binder twine did not refer to territory H, item H had no application,
and reference therein to note restricting rates did not remove application of im-
port rates on binder twine. Since item H provided no rating on binder twine,
classification basis of sixth class, and import rates thereunder, applied from New
Orleans. Keith-Simmons Co., Inc., v. Nashville, C. & St. L. Ry., 235.

An exception amends the classification, removing articles therefrom and es-
tablishing different class rates or rules governing them, and provision in excep-
tions for nonapplication of rates is improper. Id. (238).

TERRITORIAL APPLICATION: Because of overlapping of applicable classifica-
tions at territorial borders and respondents' participation in interterritorial rates,
cancelation of official-territory rules for reduced-rate transportation of exhibits
for fairs, without cancelation in adjoining territories, would cause confusion in
application of rates on interterritorial movements. Exhibits for Fairs in Official
Territory, 615 (618, 620).

CLASS RATES. See AGGREGATE OF INTERMEDIATES (Determination, etc.).
COMBINATION ARTICLES. See CLASSIFICATION (Property).
COMBINATION RATES. See also AGGREGATE OF INTERMEDIATES; INCREASED
RATES (Justification); INVESTIGATION AND SUSPENSION; LONG AND SHORT HAUL
(Presumptions; Relief, Generally); MIXED CARLOADS (Charges). Rate-break
combinations on grain transited at Kansas City or St. Joseph, Mo., higher than
one-factor rates through those points on shipments transited at interior points,
were not unreasonable or unduly prejudicial when strict application of out-bound
proportionals, once established, on shipments stopped at rate-break markets had
been prescribed in general grain-rate investigation. Kansas City Board of Trade
v. Atchison, T. & S. F. Ry. Co., 457; Kansas City Board of Trade v. Chicago,
R. I. & P. Ry. Co., 518; Kansas City Board of Trade v. Missouri Pac. R. Co., 603;
-Exclusive application of rate-break combinations on grain transited at the
markets had been prescribed to remove disadvantages to dealers at interior transit
points, and there could be no general elimination of advantages which resulted at
interior milling points in certain instances, without disruption of the prescribed
rate system. Kansas City Board of Trade v. Chicago, R. I. & P. Ry. Co., 518
(522);

-To require transit at Kansas City under the one-factor rates would provide
the very dual system of transit balances and out-bound proportionals which
those findings were designed to prevent. Kansas City Board of Trade v. Atchison,
T. & S. F. Ry. Co., 457 (461);

-Modification of the prescribed general adjustment to remove disadvantage
on traffic from a relatively small number of origins was not warranted. Kansas
City Board of Trade v. Missouri Pac. R. Co., 603 (609).
COMMERCIAL ZONES. See MUNICIPALITIES.

COMMODITIES. See also CLASSIFICATION (PROPERTY); LIVESTOCK; LONG
AND SHORT HAUL (Like Commodities); SCHEDULES (Definiteness).
DESCRIPTION: A specific commodity description takes precedence over a gen-
eral description in same tariff. Southern California Minerals Co. v. Union

Pac. R. Co., 1 (3).

Higher rate on talc applied on shipments billed as ground stone. Description
as talc in invoices indicated complainants commercially recognized the com-
modity as talc. Id. (3).

Amended description of scrap tin plate having value only for detinning, de-
leading, or remelting, excluding old worn-out articles, would not result in applica-
tion of higher rates on flattened tin cans, and would remove ambiguities as to
application of scrap rates on articles shipped for detinning. Scrap Tin Plate
Between Minn. and Ill., 15.

Although tin-plate scrap has no value for remelting until after detinning, to
hold that note restricting commodity rates to iron and steel scrap valuable only
for remelting prevented application on cans shipped to detinning plants would
nullify inclusion of "tin plate (scrap)," which covered flattened tin cans, in list of
scrap articles. Id. (18).

Clean, select leather scrap used in manufacturing leatherboard, and moving
on released-value billing, was not entitled to rates on scrap valuable only as
fertilizer. Higher released rates applied. H. C. Godman Co. v. New York Central
R. Co., 39.

Although restriction of official-territory exceptions rating on cotton clothing
in bales, to apply only on staple work garments, conformed with approved purpose
of that rating, it was not justified when fourth-section departures would result
on higher-grade clothing because of unrestricted application of like rating between
official and southern territories. Clothing in Official Territory, 72 (74).

Nets manufactured to consignee's specifications were entitled to water com-
modity rate on fish nets when they conformed to accepted standards for com-
mercial fish nets. Nature of commodity, not use, price, or commercial demand,
determines applicable rate. Linen Thread Co., Inc., v. Pope & Talbot, Inc., 79
(80).

Description of petroleum-oil residuum as refinery cracking stock having A. P. I.
gravity not over 38° was broad enough to include asphalt, a residuum with
gravity of less than 15°, which could be cracked and therefore considered cracking
stock. Standard Oil Co. of La. v. Atchison, T. & S. F. Ry. Co., 239 (242).

Rule in 168 I. C. C. 157, that if a shipper so describes his commodity for sales
purposes as to give the impression that it is a higher-grade or different article, he is
bound by that description for transportation purposes, does not apply when
description merely emphasizes superior quality of article shipped. Crown Zeller-
bach Corp. v. Luckenbach S. S. Co., Inc., 367 (368).

Higher intercoastal rate on facial-cleansing tissues was not applicable on toilet
paper billed, packed, and marked as such, although advertising label on cartons
described it as "Facial Quality Tissue" suitable for other than ordinary bathroom
use. Id. (368-369).

256 I. C. C.

Rating on "lens blanks, in the rough" applied on squares cut from rough-rolled
crown glass. Although cutting did not change character of the glass, the squares
had characteristics distinct from sheet glass, and the specific rating superseded
lower general rating on rough-rolled glass. United Lens Co., Inc., v. Pennsylvania
R. Co., 370 (371);

-The squares were not misbilled as "lens blanks, in the rough." Descriptive
limitation "in the rough" recognized more than one kind of blanks, as the cutting
was the first of two processes in making lenses from sheet glass, and the squares
were usable only for processing into lenses. Id. (371).

Rate on wrapping paper applied on twisting tissue which was indistinguishable
from tissue wrapping paper. While use may determine identity of an article, it
was immaterial when tariff description for wrapping paper was more specific than
for tissue paper. Samoset Cotton Mills v. Atlanta, B. & C. R. Co., 675 (676).
COMMODITY RATES. RELATION TO CLASS RATES: Rate 30 percent of first
class on old whisky barrels from Louisville to Hutchinson, Kans., which applied
to Kansas City, Kans., under intermediate rule, was unreasonable on shipments
to latter point when it approximated 41 percent of first class. As class rates to
Kansas City were lower than to points beyond, basis 35 percent of first class was
prescribed. J. R. Kelley Cooperage Co. v. Illinois Central R. Co., 362.
COMMON CONTROL, MANAGEMENT, OR ARRANGEMENT. Applica-
tion of single-line scales on road aggregates to joint-line hauls in Ga. by carriers
commonly controlled as to traffic policies was in harmony with prior findings.
Rates on Road Aggregates Within the State of Ga., 475 (485).

COMMUTER TRAFFIC. See PASSENGERS (Tickets; Volume of Traffic).
COMPENSATORY RATES. See COST OF SERVICE; EXPORT RATES; ROUTES.
COMPETITION. See also EQUALIZATION; INCREASED RATES (Justification);
LONG AND SHORT HAUL (Relief, Generally); PREFERENCE AND PREJUDICE;
REDUCTIONS (Voluntary); SIMILAR CIRCUMSTANCES AND CONDITIONS; SWITCH-
ING (Absorption of Charges).

WATER: Actual movement by water is unnecessary to establish competition.
The essentials are present when a water carrier with adequate facilities stands
ready to transport solicited traffic. Water carrier's solicitation of traffic of com-
plainant's competitor indicated that competition justifying lower rates still
existed. Abingdon Sanitary Mfg. Co. v. Chicago, B. & Q. R. Co., 281 (284).

Elimination of water competition between Pacific coast and Gulf ports, due to
the war, did not make sec. 4 (2) applicable to proposed increase in export rates
on dried vegetables, as such competition would doubtless reappear when condi-
tions again became normal. Dried Vegetables from Pacific Coast to Gulf Ports,
355 (360).
COMPLAINTS.

AMENDMENT: Although complaint named only shipments
"during the period from May 1941," it alleged unreasonableness "during the
statutory period," and amendment to include shipments during March and
April was not barred when all were delivered within 2 years prior to filing of
complaint and amendment. M. Glosser & Sons v. Pennsylvania R. Co., 579.
CONCESSIONS. See SCHEDULES (Departure from).

CONFLICTING RATES. See BEDDING CARS.

CONGESTION OF TRAFFIC. See TRAINS.

CONGRESS. See CONSTITUTIONAL LAW (Commerce Clause); TRAINS.

CONNECTING LINES. See DISCRIMINATION; PREFERENCE AND PREJUDICE
(Carriers' Power to Control).