Committee of the trucking industry consisting of representatives of the truck industry, teamsters union and the trailer manufacturers. The group recommended to the President that there be established a special section in the Small Business Administration to deal specifically with loans for trucking companies. Under the proposal presented to the President, men experienced in motor carrier financial problems would be assigned to each of the Small Business Administration's regional offices to expedite loan applications from the motor carriers. It is expected that further meetings will be held with the Secretary of Commerce and the Administrator of the Small Business Administration. The committee outlined to the President the seriously hampered industry by the scarcity of loan capital. The industry is faced with a constant need to replace equipment and the increased loan assistance sought is not for the purpose of expansion but merely to keep modern the fleet of trucks now in use. Tank Truck Carriers Sue the Colorado Public Utility Commission A group of members of the Tank Truck Carriers Conference of Colorado Motor Carriers Association have charged the Colorado Public Utility Commission with violating the state constitution and statutes in setting rates for rail and truck transport of petroleum products. The complaint was filed in a District Court for the Tank Truck Conference and accused the Public Utility Commission of action that "tended to create a monopoly in favor of the railroads and to stifle competition.' The complaint pointed out that in July 1953 the Public Utilities Commission allowed railroads to fix their rates for hauling petroleum products at not more than 12c per 100 lbs. less than those charged by trucking companies for distances in excess of 75 miles. In May 1956, the railroads asked the Public Utilities Commission for a 6% increase on all commodities and the Tank Truck Carriers asked for a similar 6% raise but then withdrew their request. It is charged in the complaint that the P. U. C. informed the railroads of the truck withdrawal and that the railroads having been unofficially advised, then informed the Public Utility Commission that the rails would request that petroleum products be excluded from their previously authorized general rate increase. The tank truck companies asked the court to find that the permissive differential is void and order it discontinued. The court was also asked to order the Public Utility Commission "to conduct a joint hearing for the purpose of establishing fair and reasonable rates among all transporters of petroleum products with reasonable notice to all parties of interest." The complaint charges that the permissive differential granted to the railroads in 1953 had been used by the railroads to the plaintiff's detriment, greatly reducing their business and was an unjust and unreasonable discrimination and that the differential was contrary to the laws of Colorado. Editor's Note: This new Index conforms to the rearrangement of topics in the "Consolidated Current Index to I. C. C. Decisions" now available. Congress never intended to impose upon the Commission the duty of determining the charter power of the applicant to operate a ferry before granting or withholding assent to the construction of an extension. Similarly, the Commission is required to decide such collateral issues in an abandonment proceeding arising under the same section of the Act. F. D. 18781, N. Y. C. R. Co. Ferry Abandonment, I. C. C. Div. 4. 02. Federal Regulation 02.2 Interstate and Foreign Commerce 02.23 Local Part of Through Movement 9-27-56, 02.23 The intrastate motor movement from wells to the pipeline terminal is definitely a portion of a through interstate movement, because it is the intention of the shipper at the time the shipments are dispatched from the well sites by motor carrier that such shipments will continue beyond the pipeline terminal to out-of-state destinations. The entire movement is one in interstate commerce. MC-9895, Sub 83, R. B. "Dick" Wilson, Inc., Ext.—Petroleum, .... M. C. C. ...., 9-12-56, Div. 1. 02.23 Shipments are transported by applicant from the base to its warehouse for crating and packing and transshipment by rail or van to points outside the State of Washington. The transportation performed by applicant, even though some shipments are held for short periods of time at the warehouse until a vehicle is available, is in interstate commerce. 17 M. C. C. 661. MC-339, Sub 4, Lincoln Moving & Storage Co., Inc., Ext.Grant County, Wash., M. C. C. ...., .., 8-30-56, Div. 1. 02.24 Interrupted Through Movement 02.24 Movements from the base to applicant's warehouse for storage until such time as the destination of the shipments becomes known and orders are received for shipment from the warehouse to ultimate destination are complete at the time the goods are stored in applicant's warehouse with no present intention on the part of the shipper to move them to a known destination at any specific time. Such movements are intrastate in nature and require no authority from the Commission. 63 M. C. C. 313. MC-339, Sub 4, Lincoln Moving & Storage Co., Inc., Ext.-Grant County, Wash., M. C. C. .., 8-30-56, Div. 1. 04.02 ...." .... 04.02 Since the fresh fish and other seafood, which would normally be exempt, evidentally will be transported in the same vehicle and at the same time, with a non-exempt commodity, appropriate authority is required for the transportation of the former. MC-107107, Sub 66, Alterman Transport Lines, Inc. Ext.-Savannah, Ga., 9-4-56, Div. 1. 11.00 Generally 1. PROCEDURE 11. 11.0 Proceedings 11.00 It rests in the discretion of the Commission whether to make use of a declaratory order pursuant to authority of section 5(d) of the Administrative Procedure Act or to make the necessary determinations under sections 204 (c) and 216 of the Interstate Commerce Act when issues are raised as to the meaning of tariff provisions and their compliance with the latter Act and the Commission's rules and regulations. MC-C-1769, Computation of Deadhead Rates or Charges on One-Way Charter Parties, M. C. C. ...., 9-21-56, Div. 2. .... 11.00 It is the practice of the Commission, when requested to do so, to assist the court by declaratory findings such as are authorized by section 5 (d) of the Administrative Procedure Act. 280 I. C. C. 285. No. 31692, Central Montana Stockyards v. Chicago, M. St. P. & P. R. Co., ... I. C. C. 11.05 The Commission's authority to make declaratory findings, and a declaratory order if necessary, is specifically delegated under section 5 (d) of the Administrative Procedure Act. The rate under postponement represents only part of the proposal and by itself cannot be found justified. But to avoid further litigation, views were expressed with regard to the lawfulness of the entire proposal. I & S 6307, Grain from Groups I and J Origins to Pacific Coast, I. C. C. 9-24-56, Commission. 11.9 Limitation of Reparation Actions 11.94 Toll of Statute 11.94 As certain claims were not filed within the 2-year period following delivery or tender of delivery, or within the extended 6-months period as provided by section 16 (3) (c) of the Act, they are barred by the statute. No. 81818, Marine Engineering & Supply Co. v. Alton & S. R., I. C. C. 8-27-56, Div. 2. .... 11.96 Undercharges 11.96 The Commission may not require a set-off of undercharges, the collection of which is barred by the statute. 293 I. C. C. 369. No. 31250, Corn Fed Cattle Co. v. Southern P. Co., ... I. C. C. 8-29-56, Commission. .... 13. Pleading 13.5 Defensive Pleadings 13.52 Protests 13.52 The petition of the rail carriers is, in effect, a request for leave to intervene and file exceptions, but the reasons given for failure to file a protest within the time allowed have little merit. Compare 65 M. C. C. 123. MC-F-6213, C. E. Lizza, Inc.-Pur.-Dove Explosive Service, Inc., M. C. C. ..... 10-8-56, Div. 4. 13.72 At Hearing 13.7 Amendments .... 13.72 The applicants amended the application at the commencement of the hearing by eliminating from the transaction a substantial portion of the vendor's interstate operating rights. The application will be considered as amended. MC-F-5965, Harry F. Atkinson & Sons-Pur.-Michael Kellman, 9-11-56, Div. 4. M. C. C. 13.72 At the hearing, the petitioner requested permission to amend the petition for a declaratory order to include a request for an administrative interpretation under sections 204 (c) and 216 of the Act. The amendment is within the scope of the investigation instituted under the Commission's order, does not broaden the issues, and is hereby allowed. MC-C-1769, Computation of Deadhead Rate or Charges on One-Way Charter Parties, M. C. C. ..., 9-21-56, Div. 2. 15.03 Applicants 15. Parties 15.0 Necessary Parties 15.03 A person in control of a carrier is required to become a party to any application by the carrier it controls when the latter applies for authority to acquire the properties of another carrier under the provisions of section 5 (2) of the Act. See: 322 U. S. 31. F. D. 19321, Minneapolis, N. & S. Ry. Merger, 9-4-56, Div. 4. 15.13 No formal partnership agreement has been drawn up by the applicants, but instead the business is conducted as a family arrangement between parents and twin sons, who were 19 years old at the time of hearing. Three courses are open: The partnership may be perfected, a corporation may be organized or leave may be sought to amend the application to seek authority in the name of the father as an individual. Inasmuch as there is no proper applicant, a finding of fitness cannot be made. Issuance of certificate withheld for 90 days within which applicants may take appropriate action and thereafter the record should be brought up to date by the submission of accurate and reliable financial data. MC-5709, Sub 5, Pehler & Sons Ext.-Bulk Feed and Fertilizer, M. C. C. 10-2-56, .... Div. 1. 16. Proof 16.22 Applications 16.2 Burden of Proof 16.22 The burden of establishing that a transaction under section 5 would be "consistent with the public interest," is upon applicants, which must be met through competent evidence. MC-F-5965, Harry F. Atkinson & Sons-Pur.-Michael Kellman, .... M. C. C. 9-11-56, Div. 4. 16.23 I & S Proceedings ..... 16.23 The statutory burden of proof in section 216 (g) of the Act relates only to "changed" rates. There is no statutory burden of proof under the Act upon a motor carrier to justify an initial rate. See: 34 M. C. C. 776 and 66 M. C. C. 125. I & S M-8026, Cement, Lime, and Mortar -Dick Dreher, ... M. C. C. ..., 9-6-56, Div. 2. 16.23 The burden of proof is upon the respondents to show that the proposed rate is just and reasonable, and they have not done so here. I & S 6400, Steel Sheet and Plate-Chicago to Beardstown, Ill., . . . . I. C. C. 9-25-56, Div. 2. 16.31 Of Laws 16.3 Official Notice .... 16.31 Official notice taken of the fact that Kentucky weight laws have been changed since the hearing to permit a gross weight of 59,640 pounds in lieu of the former 42,000-pound limit. MC-114091, Sub 7, Direct Transport Co. of Ky., Inc.-Ext.-Between Louisville and Doe Run, Ky., M. C. C. 9-6-56, Div. 1. .... |