Commercial: See EQUALIZATION (PRODUCTION COSTS).

Motor vs. Rail: Railway costs in handling naval stores from Mississippi
points to Gulf ports were low because of favorable operating conditions, the lack
of empty-car haul, and the average naval-stores load of 27 tons, while truck costs
were unfavorably affected by the empty haul in one direction and the average
load of only 8 tons. Naval Stores from Mississippi to Gulf Ports, 723 (733).
AGGREGATE OF INTERMEDIATES.

Through Rates Exceeding Aggregate over Different Routes: Proposed
rates on scrap iron and steel from Norfolk & W. Ry. points south of Lynchburg
and Roanoke, Va., to Norfolk, Va., would not violate aggregate-of-intermediates
provision when lower combinations included factors from North Carolina points
which, under approved routing restrictions, could not be applied over the same
routes as the proposed rates. Scrap Iron from Virginia and from North Carolina
to Virginia, 150 (153).

AGREEMENTS.

Reductions Based on: See REDUCTIONS (AGREEMENT TO MAKE).
Trackage Agreements: See TRACKS.

ALLOWANCES.

Spotting: See SPOTTING.

Switching: See SWITCHING.

ALTERNATIVE RATES. See also LESS Than Carload (CARLOADS MOVING
AT LESS-THAN-CARLOAD RATES); TRANSIT (BASIS OF CHARGES).
Proposed reduced rate and increased minimum for alternative application on
paper from Holyoke, Mass., to Harlem River, N. Y., was justified when it would
reduce the excess in total cost to shippers for rail movement plus pick-up and
delivery over cost of direct motor service and would yield some profit.
from Holyoke, Mass., to Harlem River, N. Y., 99.

Paper

AMBIGUITY. See SCHEDULES (APPLICABILITY AND INTERPRETATION) (CON-
STRUCTION).

ANALOGY. See COMMODITIES (DESCRIPTION).
ANTITRUST ACTS.

Clayton Act: Discrimination is a question of fact, and principles of sec. 2 of
Clayton Act, dealing with price discriminations, as modified by Robinson-Pat-
man Act authorizing establishment of quantity limits for particular commodi-
ties, did not prevent establishment by rail carriers of competitive multiple-carload
rates on commodity moving in cargo quantities by water, especially when the
difference between existing carload rate and proposed quantity rate approximated
the ratio between costs for the respective services. Molasses from New Orleans,
La., to Peoria and Pekin, Ill., 485 (500–501).

APPLICABILITY OF UNLOADING CHARGES TO CARLOAD SHIP-
MENTS. See LOADING (CHARGES).

ARBITRARIES. See Differentials IN RATES AND ROUTES.

ASSIGNMENT.

Under the provisions of a State statute, that the president and directors of a
corporation at the time of dissolution should become trustees of the creditors and
stockholders to whom the trustees are "severally responsible," the assignment of
reparation claims to the trustee for the stockholders must be construed as an
assignment to him as trustee for the creditors too. Armstrong Packing Co. v.
Abilene & S. Ry. Co., 717 (718).

BACK HAULS. See OUT-OF-LINE HAULS.

BARGE LINES. See INLAND WATERWAYS (Barge LINES).

BELT LINES. See SWITCHING (CHARGES).

BILLING.

Description of Shipment: See COMMODITIES (DESCRIPTION).
Transit: See TRANSIT (BILLING).

BILLS OF LADING.

Export Bills: Form of through export bill of lading prescribed in 64 I. C. C.
347 and related cases, to be issued by ocean carriers for application to transpor-
tation of property in connection with such carriers whose vessels are registered
under laws of the United States, from United States points designated by the
Commission under sec. 25 of the Interstate Commerce Act to points in nonadja-
cent foreign countries, revised to bring it into harmony with sec. 10 of Carriage
of Goods by Sea Act, which amends sec. 25 by subjecting export bill of lading to
the new act. Provisions for filing port bills of lading with the United States
Maritime Commission to afford shippers knowledge of their provisions, and other
changes, were included in revised form. No order was entered but carriers and
shippers are expected to make the change as their present supplies become
exhausted. Export Bill of Lading, 63 (65).

Routing: There is no good reason why the rule requiring strict observance of
complete routing appearing in the bill of lading should be abrogated where one of
the carriers named is a barge line. Miller Waste Mills, Inc., v. Southern Ry.

Co., 679 (681).
BOUNDARIES.

Classification Territories: Central, trunk-line, and New England territories
together are commonly referred to as official territory. Boundaries of these ter-
ritories, described. State of Alabama v. New York Central R. Co., 255 (257).
Boundaries of southern territory, defined. Id. (265).

Rate Groups: Since average main-line operating conditions, as affected by
grades, curves, and elevations, did not differ materially in eastern and central
Montana, and evidence dealt with the entire complaint area or with Montana as
a whole, class rates from western trunk-line and official territories should be on
one level to the entire area. Finding in 226 I. C. C. 467, prescribing separate
bases, reversed. Great Falls Traffic Assn. v. Chicago, B. & Q. R. Co., 459 (461).
Zones: See ZONES.

BRIDGES.

In considering revenue needs of New Orleans Public Belt R. as basis of pro-
posed increase in switching charges, income and expenses of Mississippi River
bridge were properly included. Provisions of bridge mortgage and contracts
covering use of the bridge and certain tracks by another carrier, which hypothe-
cated to the trustee of the bridge bonds nearly all the income receivable for the
use of the bridge, did not segregate it from carrier's other property when funds so
pledged included revenues accruing from services on other parts of carrier's sys-
tem as well as from bridge operation. The suspended charges were published for
application over carrier's system as a unit, and revenues therefrom would accrue
to the whole system, of which the bridge was an integral part. New Orleans
Public Belt R. Switching and Absorptions, 613 (640-641).

BURDEN OF TRANSPORTATION. See VALUE OF SERVICE (BURden of
TRANSPORTATION).

CANADA. See ADJACENT FOREIGN COUNTRY.

CANCELATION. See COMMODITY RATES (CLASS RATES NORMALly Higher
THAN); EMERGENCIES (RATES); SCHEDULES (CANCELATION).

CARLOAD RATES.

In General: That traffic moves in trainload lots is a circumstance to be con-
sidered in determining reasonable carload rates. Molasses from New Orleans,
La., to Peoria and Pekin, Ill., 485 (498).

Relationship to Quantity Rates: See Quantity (Rates).
CARLOADS. See also UNITS OF SHIPMENT.

In General: See also LOADING (FACTOR IN REASONABLENESS).

In classification rule providing for application of less-than-carload charges as
maximum on fully loaded cars, "fully loaded" must be given a practical meaning.
Although shipments of sweetpotatoes were not fully loaded in the sense of using
all available space, baskets were in two tiers covering the entire floor space, and
other commodities could not have been placed in the cars without interfering with
ventilation requirements. Consignors had full dominion over the cars and were
accorded carload services from origin to destination. The cars should therefore
be considered fully loaded, and that shipments were assessed less-than-carload
rates because charges so computed were lower did not change their character.
Finding in 234 I. C. C. 167, reversed. Haberman v. Pennsylvania R. Co., 475
(476).

Emergency Rates: See EMErgencies (Rates).

CAR-MILE EARNINGS. See EARNINGS.

CAR-RENTAL CHARGES. See PER DIEM RECLAIMS.
CARRIAGE OF GOODS BY SEA ACT.
CARS.

See BILLS OF LADING (EXPORT BILLS).

Doors for Protection: See GRAIN Doors.
Furnishing: When tariffs of western carriers did not authorize billing of
shippers for reconditioning unsafely loaded shipments of scrap, and inspection of
cars at country origins was impracticable; and when lack of sufficient open-top
cars in which unprepared scrap could be loaded to the minimum for rates on which
prices were based caused shippers furnished shorter cars to overload them with-
out adequate protection against shifting, so that loads must be readjusted at
carriers' expense, an incentive or penalty was essential to induce shippers to load
safely and afford adequate protection for carriers' equipment. Tariffs should be
amended to provide for performance of such service by specific charges for rear-
ranging loads and for transfer from one car to another. Loading Scrap Iron at
Western Trunk Line Points, 543 (551).

Suitability: See LINE HAUL (SERVICES INCLUDED IN LINE-HAUL RATES).
CHANGES.

Rates: See REASONABLENESS (RATES, FARES, AND CHARGES (CHANGING
CONDITIONS)).

CIRCUITY.

Equidistant Rates, Limitations on: See LONG AND SHORT HAUL (EQUI-
DISTANT CLAUSE).

Limitations on Long-and-Short-Haul Relief: When routes are circuitous,
some limitations are necessary to prevent wasteful transportation which would
result from the indiscriminate hauling of traffic over all available routes. Auto-
mobiles to Iowa, Minnesota, and South Dakota, 21 (23).

Long-and-Short-Haul Relief over Circuitous Routes: See COMPETITION
(CARRIER); LONG AND SHORT HAUL (RELIEF, GENERALLY); and Limitations
on Long-and-Short-Haul Relief under this heading.

Routes, Circuitous: See ROUTES; THROUGH Routes.

CIVILIAN CONSERVATION CORPS. See PASSENGERS (REDUCED-RATE

TRANSPORTATION).

CLASSIFICATION (PROPERTY).

Boundaries: See BOUNDARIES (CLASSIFICATION TERRITORIES).
Carloads: See CARLOADS (IN GENERAL).

Description: See COMMODITIES (DESCRIPTION).

Exceptions: See also COMMODITIES (DESCRIPTION).

Classification-exception rates on cottonseed hull shavings pulp from Hopewell,
Va., to Kingsport, Tenn., which were made percentages of first-class rates were
found not unreasonable compared with lower rates which would result from basing
rates upon the southern-classification exception applied in connection with lower
so-called border first-class rates, level of rates within official territory to apply as
minima. There was no reason for applying classification exceptions confined to
southern territory to class rates which were prescribed for application between
official and southern border territory. Tennessee Eastman Corp. v. Norfolk &
W. Ry. Co., 185.

Class rates prescribed from western trunk-line and official territories to eastern
and central Montana should be governed by western classification exceptions
applying from western trunk-line territory to that area, except that no exceptions
need be provided from official territory on articles not moving in appreciable
volume, or when published to meet motor competition, either expressly or sub-
ject to expiration dates. Great Falls Traffic Assn. v. Chicago, B. & Q. R. Co.,
459 (467).

Many classification exceptions are so extensive in their application as to practi-
cally supplant the classification on the affected article, and exceptions of such
widespread effect, which form a definite part of a territorial rate structure, are
not outside the issues in a proceeding assailing class rates, any more than the
classification itself. Id. (467).

In prescribing application of general classification exceptions, Commission does
not pass upon the lawfulness of the particular ratings or preclude carriers from
changing them, but merely recognizes that exceptions, mostly voluntarily estab-
lished, supersede the classification to the extent specified. Id. (467).

A class rate standing alone is practically meaningless; it must be complemented
by the classification and exceptions thereto as provided in the class-rate tariff.
Id. (467).

Less than Carload: See LESS THAN CARLOAD.

Loading: See LOADING (CHARGES).

Minimum Weights: See MINIMUM WEights.

New vs. Second-Hand Articles: See COMMODITIES (DESCRIPTION).
Schedules: See SCHEDULES.

Use: See USE.

CLASS RATES.

In General: See also COMMODITY RATES (Less than Carload).
The southern class-rate investigation, which was instituted when class rates
within and from the South did not reflect the general level of rates, resulted in
removing inconsistencies and incongruities in the existing class rates, thereby
bringing about greater uniformity and harmony in those rates throughout southern
territory and between southern and official territories without materially changing
the then-existing average levels. State of Alabama v. New York Central R. Co.,
255 (321).

The Commission has prescribed or approved rates on various commodities
from the South to the North on basis related to first-class rates, thus recognizing
the prescribed class rates, based as they are fundamentally on distance, as a
practical medium for use in constructing commodity rates which would generally

be free from fourth-section difficulties, and would, from the standpoint of distance,
accord proper recognition to the natural locations of producing and consuming
points. The use of the class rates for this purpose is fair and proper, but furnishes
no sound basis upon which to support a contention that commodity rates thus
constructed must, like the class rates, be on a higher level than the rates on like
traffic within the North. Id. (322).

Since average main-line operating conditions, as affected by grades, curves,
and elevations, did not differ materially in eastern and central Montana, and
evidence dealt with the entire complaint area or with Montana as a whole, class
rates from western trunk-line and official territories should be on one level to the
entire area. Finding in 226 I. C. C. 467, prescribing separate bases, reversed.
Great Falls Traffic Assn. v. Chicago, B. & Q. R. Co., 459 (461).

A class rate standing alone is practically meaningless; it must be complemented
by the classification and exceptions thereto as provided in the class-rate tariff.
Id. (467).

Percentage Relationship: To avoid jeopardizing long-established rates from
western trunk-line and official territories to Spokane, Wash., railroads serving
Montana were grouped for the purpose of relating class rates from those territories
to eastern and central Montana, and percentages of the lower classes to first-class
rates prescribed on zone IV level were made the same as in western trunk-line
territory for section A, with percentages successively higher for sections B and C.
While some rates higher than the zone IV level would result, the differences were
relatively small, were part of the necessary scheme of grading for the whole of
Montana, and would not seriously affect the complaint area, most of which was in
section A. Moreover, material differences would still have to be absorbed by
the territory between that area and Spokane, and carriers were authorized to
recalculate percentages for section D, west of the complaint area, to reflect an
approximate average between class rates so fixed for section C and the Spokane
rates. Great Falls Traffic Assn. v. Chicago, B. & Q. R. Co., 459 (463–466).
CLAYTON ACT. See ANTITRUST ACTS.

COASTWISE TRAFFIC. See RESTRICTED RATES.

COMBINATION RATES. See also AGGREGATE OF INTERMEDIATES (THROUGH
RATES EXCEEDING AGGREGATE OVER DIFFERENT ROUTES); SCHEDULES

(APPLICABILITY AND INTERPRETATION).
Although reasonable factors on processed asphaltic limestone from Margerum,
Ala., to Amory, Miss., and for haul of Mississippian Ry. from Amory to Fulton,
Miss., could not be determined on the record, tenth-class rate for the 24-mile haul
beyond Amory was clearly excessive in comparison with much lower rate under
commodity scale prescribed in 172 I. C. C. 100, which applied to the 104-mile haul
to that point, and resulting combination exceeded the maximum limit of reasona-
bleness. Alabama Asphaltic Limestone Co. v. Mississippian Ry., 609.

COMMODITIES.

Description: When commodity was bought, sold, shipped, billed, and used
as road oil, rate on "Petroleum Road Oil," later changed to "Asphalt (Asphaltum)
Liquid, Natural By Product, or Petroleum," was applicable. Although both road
and fuel oil may be considered refinery residuum, commodity shipped was more
specifically described in tariff naming assailed rate than the compared rate on
46* * * Petroleum Fuel Oil
White and Miller v. Pacific Electric
Ry. Co., 35.

Fifth-class rating provided in classification exception on "Machinery (electrical),
electrical appliances and supplies,
* viz.: * * * Condensers (other
than radio or telephone)" was not applicable on copper refrigerating condensers