ABANDONED STATIONS. See STATIONS.
ABSORPTION. See also SWITCHING.
A tariff provision that authorizes the absorption of foreign line charges
for switching grain and products to and from elevators and mills at the
transit points can not be interpreted as meaning that any part of the
charges maintained for intracity switching between elevators and mills
at the same point shall also be absorbed. Toledo Switching Absorp-
tion, 18.
Carrier that performs a switching service, the entire charge for which is
absorbed by the line-haul carrier, is not a necessary party to a proceed-
ing involving the reasonableness of the rate under which the absorption
is made. Finding in Du Pont de Nemours Powder Co. Case, 43 I. C. C.,
227, reversed. Du Pont de Nemours Powder Co. v. P. R. R. Co. 203.
The commission has no authority, in the absence of a showing of discrimi-
nation, to require a carrier to absorb the switching charge of another.
Id. (204).
ADDITIONAL CHARGE. See also SWITCHING.
Charges, in addition to rates, of $2.50 for cleaning and disinfecting single-
deck and $4 for double-deck cars, moving interstate, when required by
federal, state, county, or municipal authority, or upon request of ship-
pers, found not unlawful and shown to be no more than reasonable.
National Live Stock Exchange v. A. & S. Ry. Co. 578.
Proposed tariff amendment to relieve respondents of liability for loss or
damage of perishable commodities, when requested by shipper and
charged for in addition to the rate, from the United States to Canada,
found unlawful, but as to traffic from Canada to the United States, pro-
posed rule left with the Canadian commission for determination. Heated
Car Service Regulations, 620.
While retaining for the carrier the present extra charge for heating service
on traffic moving from domestic points to interior Canadian points, tariff
amendment proposes to relieve the carriers from all liability for loss or
damage, although the extra charge is intended to compensate it for
the element of risk involved. Held: Such a rule regarded as hostile to
the Cummins amendment. Id. (624).
A charge in addition to freight rates should not be made for furnishing to
shippers refrigerator, tank, or other special type of car, or for trans-
porting their shipments therein, unless the freight rates are predicated
on the transportation in another type of car, less expensive, and not so
difficult to operate. In re Private Cars, 652 (680, 709).
When under the law carriers are required to perform an additional service
in connection with traffic of a particular description or between specified
territories they should be reasonably compensated therefor. National
Live Stock Exchange v. A. & S. Ry. Co. 578 (589, 590).
ADJUSTMENT OF RATES. See also RELATIVE ADJUSTMENT.
Following finding made in original report, 37 I. C. C., 652, in which reason-
able rates and zones were prescribed, Charlotte, N. C., was placed in zone
3. Petition for placing of Charlotte in zone 2, a lower rate group, upon
rehearing found not justified, in that the proposed change would wholly
disrupt the rate adjustment. Bituminous Coal Rates to the Southeast, 1.
General adjustment of rates on grain and grain products from points in
Oklahoma to Dallas, Greenville, and other points in Texas, substantially
north or west of Terrell and to Terrell does not subject Terrell to undue
prejudice. Terrell Commercial Club v. T. & P. Ry Co. 6.
On coal from mines in Pennsylvania to "short-haul territory" the rate
adjustment shown to be unduly preferential of Alicia, Bridgeport, Pike,
and Braznell, Pa., and unduly prejudicial of Diamond, Pa. Rates from
Diamond should not be higher than from the other mines here mentioned.
Discrimination ordered removed. Diamond Coal & Coke Co. v. P. R. R.
Co. 144.
Conference Ruling 474 (c) quoted. Hutton & Bourbonnais Co. v. S. Ry. Co.
434 (435).
Conference Ruling 513, reaffirmed. Legality of Express Franks, 599 (601,
604).
Rule 9 (k) of Tariff Circular 18-A, cited. Terre Haute Paper Co. v. St.
L.-S. F. Ry. Co. 141 (142).
Rule 71 of Tariff Circular 18-A, cited. Casey-Hedges Co. v. A. G. S. R. R.
Co. 240 (241, 242).
Rule 77 of Tariff Circular 18-A, cited. International Paper Co. v. D. & H.
Co. 75; Gamble Robinson Fruit Co. v. F. E. C. Ry. Co. 301 (302).
ADVANCE IN RATES. See also APPLICATION; PASSENGER FARES.
In general:
The subsequent increase in one of the components of a combination
rate does not of itself justify a joint rate formerly in excess of the
aggregate of the intermediate rates. Fort Smith Commission Co. v.
K. C. S. Ry Co. 135 (136).
On brass plated or coated iron rods from Wallingford, Conn., to Ta-
coma, Wash., legally applicable rate found unreasonable and reason-
able rate prescribed. Director General initiated and directed estab-
lishment of a rate which exceeds the present rate, thereby fixing
rate to be applied for the future. Held: In present state of the
pleadings rate so increased is not subject to review by the Commis-
sion. Harmon & Co. v. N. Y., N. H. & H. R. R. Co. 455 (456).
Barytes: Cancellation of commodity rate on crude barytes from Carters-
ville, Ga., to Hazard, Pa., leaving in effect higher sixth-class rate, found
not justified. Reparation awarded. New Jersey Zinc Co. v. B. & 0.
R. R. Co. 429.
Classes and commodities: In original report 46 I. C. C., 527, class and
commodity rates from Cincinnati, or through Cincinnati from beyond, by
way of Speers Ferry to Johnson City, Tenn., found prejudicial to Johnson
City and preferential of Bristol, Tenn.-Va. Carriers undertook to remove
discrimination by increasing Bristol rates to the Johnson City basis.
Upon rehearing, finding in original report adhered to and removal of
discrimination ordered. Chamber of Commerce of Johnson City, Tenn.,
ADVANCE IN RATES-Continued.
Coal: On shipments of coal from points in Kentucky to complainant's yard
at Ottawa, Ohio, switching charge formerly absorbed by line-haul carrier
was canceled as applying to team tracks. Held: Increased charge not jus-
tified, and any charge to complainant's yard in addition to line-haul rate
to Ottawa will be unreasonable. Ottawa Coal & Supply Co. v. D., T. &
I. R. R. Co. 87 (88).
Excelsior: Commodity rate on excelsior from Batesville, Ark., to El Paso,
Tex., increased from 41 cents to 60 cents, subsequent to Jan. 1, 1910,
found justified. Batesville Excelsior Co. v. M. P. R. R. Co. 235.
Fish cars, empty: Proposed increased rate for the movement of empty fish
cars found justified. The compensation received for the movement of
loaded and empty fish cars, as compared with the revenue derived from
other equipment, is clearly not a proper measure of the rate on empty
fish cars. Express Charges on Empty Fish Cars, 24.
Grain: Proposed cancellation of joint commodity rates on grain from Sioux
City, Iowa, and points in Nebraska north of Omaha to points in Colorado
south of Pueblo, thereby rendering combination rates higher than the
present joint rates, found not justified. Nebraska-Colorado Grain, 79.
Grain and products: Proposed cancellation of the through commodity rates
on grain and grain products from East St. Louis, Ill., via the B. & O.
S. W. R. R. to Louisville, Ky., or Cincinnati, Ohio, and connections,
thence to Tampa and other Florida destinations, leaving in effect in-
creased combination rates, found justified. Commodities from East St.
Louis, Ill., 148 (150).
Logs: Cancellation of its special distance scale of rates on logs from
stations in South Carolina south of Columbia to Savannah, Ga., and
applying in lieu thereof commodity rates applicable to lumber, found not
justified. Reasonable maximum rates prescribed and reparation
awarded. Pierpoint Mfg. Co. v. S. Ry. Co. 81.
Lumber: On gum lumber from Sulligent, Ala., to destinations in Michigan,
Wisconsin, and Indiana, that factor of the rate from Sulligent to Thebes,
Ill., was increased to obviate fourth section departures, causing a dis-
ruption of the existing relationship with Mississippi delta points, which
was later readjusted. Held: Rates not shown unreasonable or unduly
prejudicial in favor of Greenville and points in Mississippi delta terri-
tory. Kentucky Lumber Co. v. St. L.-S. F. Ry. Co. 22.
Lumber: Proposed increased rates on pine and cypress lumber, from cer-
tain points in Arkansas to Kansas City, Mo., Omaha, Nebr., and other
western points found not justified. Evidence relied solely upon an at-
tempt to remove fourth section departures, relief of which was granted
in 41 I. C. C., 565. Lumber from Arkansas Points, 118.
Meats: On salted hog meats from Mason City, Iowa, to eastern destina-
tions, proportional rates east and west of the Mississippi River apply.
Tariffs applicable east of the Mississippi provide specific rates when
shipped in bulk, but not in packages. Proposed rates in packages higher
than in bulk, found unreasonable. Decker & Sons v. B. & O. R. R. Co. 47.
Milk: Distance rates on certain less-than-carload shipments of bottled milk,
iced, in cases, from Ravenna, Ohio, to Pittsburgh, Pa., moving in passen-
ger trains, found not justified to extent they exceeded subsequently estab-
lished rate of 22 cents per case under refrigeration and 18 cents when
not under refrigeration. Reparation awarded. Rieck Co. v. B. & O. R. R.
ADVANCE IN RATES--Continued.
Potatoes: Proposed increased rates on potatoes equivalent to 1.2 cents a
bushel from producing sections in Minnesota, Michigan, Wisconsin,
North Dakota, and South Dakota to various jobbing and consuming
points, and also from Chicago, Peoria, and St. Louis rate groups, to
Sioux Falls, S. Dak., and points in northwestern Iowa taking Sioux Falls
rates not justified. Western Trunk Line Potatoes, 407 (413).
Sand and gravel: In original report, 46 I. C. C., 412, rates on sand and
gravel from Allison Branch, Ill., to certain points in Indiana, found un-
reasonable and rates the same as intrastate rates from Emison pre-
scribed. Rates from Emison subsequently made higher than those for-
merly in effect from Allison Branch. Upon rehearing former finding of
unreasonableness reversed. Anderson-Theobald Co. v. V. R. R. Co. 596.
Sisal: Proposed increase in domestic rates on sisal from New Orleans and
Port Chalmette, La., to destinations in Kansas, Missouri, Iowa, Minne-
sota, Wisconsin, South Dakota, and North Dakota to a basis of 6 cents
higher than the import rates, found justified. Sisal from New Orleans,
La., 13.
Straw, baled: Rate on, of $27 per car in effect prior to movement of ship-
ments. Schedules seeking increase to $31 suspended. While schedules
under suspension the $27 rate was cancelled. Order vacated Sept.
30, 1915, and rate of $31 then became effective. Held: Change was in
violation of the Commission's tariff rules and of the spirit of the suspen-
sion order and rates charged prior to Sept. 30, 1915, found unreasonable
and illegal thereafter. Reparation awarded. Terre Haute Paper Co. v.
St. L.-S. F. Ry. Co. 141.
Sweet potatoes: On sweet potatoes from Dardanelle, Ark., to Joplin, Mo.,
proposed increase of commodity rate from 22 cents to 27 cents became
effective by expiration of suspension order. Commission later found
higher rate not justified and ordered it cancelled, restoring the 22 cent
rate. Reparation awarded on shipments involved. Fort Smith Commis-
sion Co. v. K. C. S. Ry. Co. 109.
Tobacco: Proposed increased rates on smoking tobacco, cigarettes, and
plug tobacco from North Carolina points to C. F. A. territory found jus-
tified. Southeastern Manufactured Tobacco (No. 2), 120 (125).
Tobacco Proposed increased rates and differentials under the Virginia
cities, on manufactured tobacco from North Carolina manufacturing
points to points in southeastern territory, to correspond with that on
class traffic, found justified. Southeastern Manufactured Tobacco, 353.
ADVANTAGES AND DISADVANTAGES. See LOCATION.
Complainants, acting in the capacity of agents for undisclosed principals,
are not, as such, entitled to an award of reparation. Defendant au-
thorized, however, to make refund to complainants upon satisfactory
proof from parties damaged. Memphis Freight Bureau v. St. L. &
S. F. R. R. Co. 345 (348, 349).
There can be no valid objection to carriers doing by an agent what they
may do themselves, where such agent is not a shipper or otherwise
interested in transportation of the articles with respect to which the
service is rendered. In re Private Cars, 652 (705).
AGGREGATE OF INTERMEDIATES. See THROUGH AND LOCAL.
AGREEMENT.
Under an agreement with the P. R. R. Co., complainant performed a
service which should have been performed by defendant, in furnishing
barges and other equipment for the delivery of anthracite coal at destina-
tions on or reached via the Delaware and Raritan Canal. Charges
aggregated sum defendant would have borne had it transported the
shipments. Refund authorized. Lehigh Coal & Navigation Co. V.
P. R. R. Co. 543.
ALLOWANCES.
Contention that the line-haul rates were sufficiently high to include allow-
ance for unloading shipments of fresh beef from car floats to vessels'
slings at the port of New York. Held: Shipments came within the
exception "in bulk" and failure to make an allowance not found un-
lawful or unreasonable. Swift & Co. v. B. & O. R. R. Co. 103.
In the determination of what should be a reasonable allowance out of a
line-haul rate to the Chestnut Ridge Railway for what is substantially
a switching service it is not practicable to differentiate between class
traffic and commodity traffic. Class Rates from Chestnut Ridge Ry. Sta-
tions, 152.
Principles announced in General Electric Co. Case, 14 I. C. C., 297 reaffirmed
and applied; and complaints of the National Tube Co. for reparation
on traffic of its plant at Lorain, Ohio, during period that allowances out
of the line-haul rate to its industrial railway were discontinued, dis-
missed. Demands of same nature by Carnegie Steel Co. also dismissed.
National Tube Co. v. B. & O. R. R. Co. 489.
During period covered by this action the National Tube Company performed
no work within its plant, either directly or through its plant railway,
which it could lawfully have called upon the defendant line carriers to
do for it, and therefore did no service for the line carriers for which it
lawfully could demand compensation. Id. (500).
Obligation of a common carrier service does not extend through the net-
work of interior switching tracks, and any service by line carriers within
the plant, without charge in addition to line-haul rate or any compensa-
tion to complainant or its industrial railway for performing the service,
is unduly preferential of complainant and unlawful. Id. (500).
Payments by carriers for the use of private cars should be upon the basis
of the loaded and empty mileage, and the mileage should be computed on
the basis of distance tables without the elimination of mileage through
switching districts. In re Private Cars, 652 (686, 709).
Allowance of 3/4 of a cent on the loaded and empty movement for the use
of tank cars by carriers should be increased to 1 cent a mile; the in-
creased allowance should be paid for the use of live poultry, palace stock,
and heater cars, but not to stock, coke, coal, rack, flat, box, or pocket
cars, although they may be privately owned. Id. (652, 709).
Paid by carriers for use of private cars. Id. (665).
The allowance that shall be paid for the use of private cars under all the
circumstances and conditions shown must be considered on the average.
Id. (683).
Attempt to fix a stated basis of allowances for use of privately owned cars
would by no means result in justice to all owners or to all carriers.
Id. (683).
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