The rates of 23 cents to North Le Roy applicable on the shipments from Camden and the ports of New York and Baltimore during part of the period of shipment yielded ton-mile earnings ranging from 9.3 mills to 12 mills for varying distances over routes of movement from Baltimore of from 490 miles to 383 miles, 11.1 mills for a distance of 412 miles from Camden, and 11.4 mills for a distance of 403 miles from New York. The reduced rate of 20.5 cents applicable for the remainder of the period, except from Camden, the rate therefrom remaining unchanged, yielded ton-mile earnings ranging from 8.3 mills to 10.7 mills. The short-line distances, taken from exhibits, are, from New York 355 miles, from Camden 367 miles, and from Baltimore 375 miles. For the distances traversed the rate of 19 cents sought would yield ton-mile earnings ranging from 7.7 mills to 9.4 mills, and for the short-line distances the earnings would range from 10.1 mills to 10.7 mills. Rates from New York, the port nearest the destination, will hereafter serve as typical of the rate situation.

Complainant compares the rates assailed and the rates sought, with rates of 19 cents maintained on several kinds of soda or soda products, rated, as is nitrate of soda, fifth class; on potash products, muriate of ammonia, salt cake, and similar or kindred commodities, some imported, and others of domestic production. The prices of the compared commodities generally exceed that of nitrate of soda. Complainant also refers to the fact that while the assailed rate of 20.5 cents applies from New York for the distance of 355 miles to North Le Roy, a rate of the same amount is maintained from Hopewell to that destination for a distance of 569 miles.

The rates charged from New York are less than rates therefrom to North Le Roy on various commodities rated fifth class in the classification, which show average loadings lower than that of these imported shipments; and less than rates on many other commodities rated fifth class, in most instances showing average loadings lower than these imported shipments from New York to several points in official territory for distances more or less approximating the distance to North Le Roy. The distance of 403 miles traversed by the shipments from New York exceeds in all instances the distances from New York to the points covered by defendants' comparisons. The assailed rate of 23 cents exceeds by 2 cents the rate prescribed in no. 15912 for distances equal to that traversed by shipments from New York; the subsequent rate of 20.5 cents is 0.5 cent less. The no. 15912 rates do not, of course, contemplate any port terminal service. From Baltimore the assailed rates of 23 cents and 20.5 cents are 0.5 cent and 3 cents, respectively, less than the rate of

23.5 cents prescribed in the case mentioned for the distance, 490 miles, traversed by some of the shipments from Baltimore.

The rates of 23 and 20.5 cents are, respectively, 24.5 percent and 21.8 percent of the first-class rate of 94 cents from New York to North Le Roy prescribed in the eastern revision. In Granton Chemical Co. v. L. V. R. Co., 115 I.C.C. 726, a rate of 13 cents was found not unreasonable on imported nitrate of soda from New York to Greensand, N.J., 38 miles from Jersey City, N.J., to which lastnamed point the traffic had moved in lighters from New York Harbor points. Apparently including distances of water haul in New York Harbor, defendants' exhibits show the distance to be 52 miles from New York. The first-class rate of 94 cents from New York to North Le Roy is 209 percent of the first-class rate, 45 cents, from New York to Greensand established under the findings in the eastern revision. The application of that percentage to the 13-cent rate to Greensand would produce a rate of 27 cents to North Le Roy. In Peerless Explosives Co. v. C. R. Co. of N.J., 136 I.C.C. 149, we found not unreasonable a rate of 21 cents on imported nitrate of soda from New York Harbor to White Haven, Pa., to which the distance from Jersey City is 142 miles over a route of the Central Railroad Company of New Jersey. The first-class rate from New York to White Haven, established pursuant to the findings in the eastern revision, is 67 cents, of which the first-class rate from New York to North Le Roy is 140 percent. Application of that percentage to the 21-cent rate found not unreasonable to White Haven would produce a rate of 29.5 cents to North Le Roy.

In the light of these cases, and of the fact that the rates here assailed do not exceed substantially the rates fixed for domestic movements in no. 15912 for distances over routes of movement, we conclude that the import rates charged were not and are not unreasonable.

No. 26144.-This complaint, filed August 19, 1933, by the complainant in the title case, seeks only reparation on 20 shipments of nitrate of soda from Hopewell, August 22 to December 26, 1931, to Suscon, a destination included in the title case. The parties have agreed to submit the issues upon the record made in the title case. Findings. We find that the rates assailed in no. 25329, no. 25329 (sub-no. 1), and no. 26144 were unreasonable to the extent that rates to destinations embraced in no. 25329 indicated in the appendix and in no. 26144, except to North Le Roy, exceeded rates of 29.5 cents, and to the extent that rates to destinations embraced in no. 25329 (sub-no. 1) named in the appendix and to North Le Roy exceeded rates therein indicated as "sought ", except that to destinations to which the rates sought in the subnumbered complaint and to North

Le Roy are less than rates prescribed in no. 15912 for the respective distances traversed, the rates assailed were unreasonable to the extent that they exceeded the rates prescribed in no. 15912 for like distances.

We also find that complainant in no. 25329 and no. 25329 (subno. 1) made the shipments as described, bore part of the charges thereon, was damaged thereby, and is entitled to reparation in the amount of the difference between the charges collected and those which would have accrued at the rates herein found reasonable, to the extent that it bore such difference in charges. Complainant should comply with rule V of our Rules of Practice, including in the Rule V statements the facts as to the amount of charges borne by it on each shipment.

We further find that the rates assailed in no. 25427 were not and are not unreasonable. This complaint will be dismissed.

AITCHISON, Commissioner, concurring:

I concur generally in the report, but not in the basis for the reparation award. The scale of rates fixed for fertilizers in Ohio Farm Bureau Federation v. A. & W. Ry. Co., 146 I.C.C. 419, for application in central territory, under the circumstances of that case is not entitled to the weight accorded it in the report as a measure of reasonableness of rates under attack herein. I would award reparation to the basis of the new eastern sixth-class rates, as a more fair and logical measure of reasonableness.

198 I.C.C.

11 Rate to Clarksburg, W.Va., Fairmont intermediate.

11 One shipment was charged at a rate of 47.5 cents, conceded by defendants as representing an overcharge.

13 Distance not of record; distance from Port Richmond, Pa., 7.8 miles.

14 Two shipments charged at a rate of 19.5, which represents an undercharge.

15 No authority for rate; applicable combination $8.35 per ton based on Potomac Yard, Va.

16 One shipment charged at rate of 32.5 cents, not applicable.

17 Inspplicable; applicable combination rate $8.65 per ton.

18 Inapplicable; applicable combination rate $6.80 per ton.

19 Inapplicable; applicable combination rate $9.65.

20 Inapplicable; applicable combination rate $6.45 per ton.

11 Inapplicable; applicable combination rate $7.05. "Inapplicable; applicable combination rate $7.65.