Page 214 Unified Operation at Los Angeles Harbor, 150 I.C.C. 649.... United Brick & Tile Co. v. Missouri Pac. R. Co., 178 IC.C. 497. United Railways v. West, 280 U.S. 234. United States v. Abilene & S. Ry. Co., 265 U.S. 274-- Chicago & A. Ry. Co., 148 Fed. 646 212 U.S. 563_ Delaware, L. & W. R. Co., 238 U.S. 516 204, 245, 256 11 379 749 749 199 United States Gypsum Co. v. Staten I. R. T. Ry. Co., 151 I.C.C. 641.. 399 United States Tobacco Co. v. Nashville, C. & St. L. Ry., 196 734 Upson Co. v. Ann Arbor R. Co., 157 I.C.C. 586. 47, 59 210, 723 Utah State Automobile Assn. v. Atchison, T. & S. F. Ry. Co., 66 I.C.C. 8; 92 I.C.C. 376__. 683 Vail Co. v. Southern Pac. Co., 152 I.C.C. 437---- 414 649 Van Dyke Motor Co. v. Missouri Pac. R. Co., 122 I.C.C. 411. 41 92, 121 294, 350, 356 Ware Bros. Agency v. Atlantic Coast Line R. Co., 167 I.C.C. 87 677 677 Watermelons, from, to, and between Southern Points, 191 662 West Coast Lumbermen's Assn. v. Big Fork & I. F. Ry. Co., 188 578 Western Horse and Mule Rates, 195 I.C.C. 417 544, 553 Western Pac. R. Co. v. Northwestern Pac. R. Co., 191 I.C.C. 127... 120 Western Petroleum Refiners Assn. v. Director General, 66 627 Western Trunk-Line Class Rates, 164 I.C.C. 1; 196 I.C.C. 494... 46, 61, 337, 388, 457, 558, 582, 786, 790 Page 338, 561 Western Trunk Lines Iron and Steel, 47 I.C.C. 109... Wheeling Steel Corp. v. Atlantic Coast Line R. Co., 196 I.C.C. 478_ White Eagle Oil Corp. v. Big Fork & I. F. Ry. Co., 192 I.C.C. 552 White Provision Co. v. Atlanta, B. & A. Ry. Co., 118 I.C.C. 601; 142 I.C.C. 73 Williams Bros., Inc., v. Atchison, T. & S. F. Ry. Co., 197 I.C.C. 25___ 234 476 667 100, 469 747 Wisconsin Land & Lbr. Co. v. Ann Arbor R. Co., 194 I.C.C. 395 737 Wisconsin Railroad Comm. v. Chicago, B. & Q. R. Co., 257 U.S. 563. 697 Wyeth Hardware & Mfg. Co. v. Atchison, T. & S. F. Ry. Co., 39 276 198 I.C.C. INTERSTATE COMMERCE COMMISSION REPORTS No. 25629 INGLE BROTHERS' BROOM CORN-GRAIN & SUPPLY COMPANY v. MISSOURI PACIFIC RAILROAD COMPANY ET AL. Submitted November 8, 1933. Decided December 15, 1933 Rates on broomcorn, in carloads, from Mattoon and Charleston, Ill., to North Kansas City and Kansas City, Mo., found not unreasonable. Complaint dismissed. William M. Cave for complainant. H. H. Larimore, G. L. Eastman, E. A. Tharp, Wallace T. Hughes, D. P. Connell, C. M. Spence, Geo. W. Holmes, and O. J. Norris for defendants. REPORT OF THE COMMISSION DIVISION 3, COMMISSIONERS MCMANAMY, LEE, and MILLER BY DIVISION 3: No exceptions were filed to the examiners' proposed report, and our conclusions are in accord with his recommendations. Complainant, a corporation, alleges by complaint filed October 8, 1932, that the rates on broomcorn, in carloads, from Mattoon and Charleston, Ill., to North Kansas City and Kansas City, Mo., were and are unreasonable. Reasonable future rates and reparation are sought. Rates will be stated in amounts per 100 pounds unless otherwise indicated, and will not include the formerly authorized emergency charges. Broomcorn, minimum 18,000 pounds, is rated third class in the western classification. Third class is 70 percent of first class in western-classification territory. Complainant's traffic consisted of 12 shipments that moved in October and November 1930. One shipment was received by complainant October 1, 1930, and claim thereon is barred by the statute. The applicable third-class rate of 84 cents was charged. This rate was reduced to 83 cents on December 3, 1931, as a result of the western trunk-line class-rate revision. The first-class rate from and to the considered points was 120 cents prior to that date and 118 cents thereafter. North Kansas City takes the Kansas City rates. Complainant seeks rates made 40 percent of first class, or 48 cents prior to December 3, 1931, and 47 cents thereafter. In the southwestern revision, rates on broomcorn were made 40 percent of first class. A small quantity of broomcorn, about 12 percent, is produced in Illinois, the remainder being grown in the Southwest. Broomcorn generally moves from origins in the Southwest to consuming points in the Southwest and to the Missouri and Mississippi River gateways. Complainant's shipments differed from the general movement of this commodity and were in the nature of an experiment. There have been no shipments since from and to the considered points. Illinois broomcorn is generally more valuable than that produced west of the Mississippi River. When this traffic moved Charleston and Mattoon were in the southern end of the so-called Chicago, Ill., group. This group extended from Merrill, Antigo, and Sturgeon Bay, Wis., on the north, almost to St. Louis, Mo., on the south. The 84-cent rate applied from the entire group to Kansas City prior to December 3, 1931; thereafter the average third-class rate from the points formerly comprising the Chicago group has been 91 cents. Effective that date the third-class rate from Merrill, Antigo, and Sturgeon Bay to Kansas City was increased from 84 cents to 113 cents. Third-class rates apply on broomcorn from Charleston and Mattoon to points east of the Missouri River. To points in Missouri, Iowa, Minnesota, and South Dakota the average third-class rate prior to December 3, 1931, was 74 cents and subsequent thereto, 89 cents. Rates on broomcorn from Charleston to points in Indiana, Ohio, West Virginia, Pennsylvania, New York, New Jersey, Massachusetts, New Hampshire, and Maine, to which shipments have moved, were and are on the third-class basis. In central territory broomcorn generally moves at third-class rates. The zone 1 western territory first-class and third-class rates are 125.4 and 125.5 percent, respectively, of the eastern first-class and third-class rates. If rates on broomcorn in western territory were made 40 percent of first class they would be 71.6 percent of the eastern broomcorn rates. If rates on broomcorn from Mattoon and Charleston to Kansas City were made 125 percent of the eastern third-class rates they would be 84 and 86 cents respectively. The basis sought by complainant is approximately 57 percent of third class. The shipments from Charleston averaged 27,207 pounds, and moved over two routes for an average distance of 427 miles. The shipments from Mattoon averaged 26,238 pounds, and the distance traversed was 407 miles. On these bases the rate assailed of 84 cents yielded $228.54 and $220.40 per car and 53.5 and 54.1 cents per car-mile, respectively. The short-line distances from Charleston and Mattoon to Kansas City are 389 and 379 miles. The average distance from the Chicago group to Kansas City is not of record. Defendants urge that considering the value, the weight loaded, and the light movement of complainant's shipments, third class was not and is not unreasonable. The weight of five of these shipments ranged from 26.5 to 34.3 percent, or an average of 30.5 percent, of the weight-carrying capacity of the cars used. In 1931, the average weight of shipments of numerous commodities handled by defendant the Chicago, Rock Island and Pacific Railway Company in box cars ranged from 18.8 to 45.8 net tons and averaged from 47.9 to 116.8 percent of the average capacity of the cars. The average loading of broomcorn during that period for that carrier was 11.2 net tons and the average utilized capacity of the cars was 28.6 percent. The complaint makes no reference to section 4 of the Interstate Commerce Act, but at the hearing it was contended that the rate of 84 cents violated that section. With respect to the long-and-shorthaul clause of that section reference is made to rates on broomcorn in effect when this traffic moved of 63 cents to Nearman and Muncie, Kans., 6.2 and 7.7 miles respectively, beyond Kansas City. However, this situation was protected by fourth-section order no. 9600, and any presumption of unreasonableness is thus rebutted. As to the aggregate-of-intermediates clause of the fourth section, rates on broomcorn in effect when these shipments moved are instanced of 63 cents to Turner, Kans., plus 2.5 cents to Kansas City and $7.50 per car to North Kansas City, and 63 cents to Mattoon, Kans., plus $7.50 per car to Kansas City and $7.50 per car to North Kansas City. The shipments did not move via Turner or Mattoon, and it has been found heretofore that there is no violation of the fourth section where the movement is not via the base point, that point consequently not being intermediate to the point of destination. Brown Roberts H. & S. Co. v. Louisiana & A. Ry. Co., 160 I.C.C. 209. We find that the rates assailed were not and are not unreasonable. The complaint will be dismissed. MCMANAMY, Commissioner, dissenting: The third-class rate charged, which is 70 percent of first class, is in my opinion an unreasonable rate for a commodity of the value and shipping characteristics of broomcorn. While the evidence submitted is not very extensive, in my judgment it fully justifies a reduction to fourth class, which is 55 percent of first class. |