Informal complaint named as complainant, firm represented by administratrix of its owner. Prior to filing of formal complaint administratrix was discharged, but sought reparation therein as successor to the rights and interests of her husband. Evidence found sufficient to support award of reparation to claimant. Anderson Oil Co. v. Atchison, T. & S. F. Ry. Co., 525 (529).

Informal complaint was filed in name of firm operated by copartners one of whom died during pendency. Formal complaint was filed by surviving partner and wife of deceased partner as successor to rights of her husband. In absence of evidence to show succession of wife, petition seeking to have husband's administrator substituted as party complainant, granted. Id. (530).

Set-Offs: See COUNTERCLAIMS AND SET-OFFS.

Successors: See SUCCESSORS.

Weights: See WEIGHTS AND WEIGHING.

DENSITY

Insofar as traffic density has an effect upon cost or burden of service, that effect must be reflected in the statistics showing results of operation. Coast Line R. Co. v. Arcade & A. R. Corp. 375 (378).

DEPRECIATION ACCOUNTING

Atlantic

Bureau of Valuation's method of determining amount of depreciation in terminals of the Kansas City Term. Ry. Co., by use of statistical data showing changes effected in the property, service lives of similar properties, etc., together with a physical inspection, furnished proper basis. Missouri-K.-T. R. Co. v. Kansas City Term. Ry. Co., 4 (23).

DEPRESSED RATES. See SUBNORMAL RATES
DIFFERENTIALS IN RATES AND ROUTES

Rates on plaster board from Fort Dodge, Iowa, Southard, Okla., and Sweetwater, Tex., to western trunk-line territory, found unreasonable to the extent that they exceeded scale basis prescribed, plus differentials prescribed for hauls in southwestern territory. Gypsum Assn. v. Atchison, T. & S. F. Ry. Co., 47 (61).

Rates on iron and steel pipe between points in Kansas, Oklahoma, and Texas were unreasonable to the extent that they exceeded rates based on 35 and 38 percent of southwestern distance scale, for single and joint line hauls, respectively, with differentials, subject to computation prescribed in 195 I.C.C. 486. Reparation awarded. Western Supply Co. v. Atchison, T. & S. F. Ry. Co., 237.

Rates on anthracite coal from Delaware & H. R. mines in Wyoming region to points on Baltimore & O. R. in Delaware, Maryland, Virginia, and District of Columbia found unreasonable and unduly prejudicial to the extent that they exceeded rates from mines in the Schuylkill region by more than differential prescribed in 185 I.C.C. 168 from other mines in the Wyoming region. Brookland Coal Co., Inc., v. Delaware & H. R. Corp., 287 (291).

Arbitrary of 15 percent for haul within Montana was determined as basis for reparation on wrought-iron pipe from Williston, N.Dak., to Mandan, N.Dak. Montana-Dakota Utilities Co. v. Great Northern Ry. Co., 435 (436).

Fourth-section relief granted on sugar in 195 I.C.C. 127, modified to permit reduction in rates from Sidney, Mont., to Illinois, Iowa, and Wisconsin to basis of 5 cents under rates from Billings, Mont., increasing rate spread between intermediate and more distant points. Sugar from Sidney, Mont., 449.

Considering differences in transportation conditions as between Wilmington and Philadelphia, Pa., a 20-cent spread in the rates on coal from the Schuylkill region was justified. Wilmington Chamber of Commerce, Del., v. Baltimore & O. R. Co., 507 (519).

Special treatment of rates on buckwheat no. 4 anthracite coal was warranted by difference between its value and that of the other sizes. Rates prescribed on buckwheat coal to Wilmington 20 cents under those on pea size. Id. (519).

Rates on wrought-iron pipe from Arkansas and Louisiana points to Texas, found unreasonable to the extent that they exceeded 35 and 38 percent of southwestern distance scale of first-class rates for single and joint line hauls, respectively, plus differentials. Same basis to apply on future shipments pending determination of rates in I. & S. 3130. Reparation awarded. Standard Pipe Line Co., Inc., v. Atchison, T. & S. F. Ry. Co., 522 (524).

Rates on wrought-iron pipe from eastern Montana to western North Dakota, found unreasonable to the extent that they exceeded 37.5 percent of zone III first-class scale prescribed in western trunk-line revision, plus like percentage of scale of first-class arbitraries fixed for hauls in Montana. Reparation awarded. Montana-Dakota Power Co. v. Chicago & N. W. Ry. Co., 557 (569).

Rates on wrought-iron pipe from Milwaukee and North Milwaukee, Wis., to eastern Montana, found unreasonable and reasonable rates determined on basis of percentages of first-class rates prescribed in western trunk-line revision to zone III, plus arbitraries beyond. Id. (569).

Rates on second-hand contractors' outfits, from eastern Montana to western North Dakota, found unreasonable to the extent that they exceeded 45 percent of zone III first-class scale prescribed in western trunk-line revision, plus like percentage of scale of first-class arbitraries fixed for hauls in Montana. Reparation awarded. Id. (570).

Group rates from north Texas and differential relationship with other groups on refined petroleum products to the Northeast on basis fixed in 171 I.C.C. 286 were as favorable to north Texas group as Commission could require. Wichita Falls Petroleum Traffic Assn. v. Aberdeen & R.R. Co., 624 (631).

Rates on fertilizer materials from Niagara Falls, Ontario, Canada, to Mississippi destinations were unreasonable to the extent that they exceeded by more than 2 cents per 100 pounds the rates prescribed for equivalent distances from Niagara Falls, N.Y., and other origins. Reasonable rates prescribed and reparation awarded, subject to formula prescribed in 179 I.C.C. 139 for computing distances. Jackson Freight Bureau v. Alabama G. S. R. Co., 635 (637).

Fourth-section relief granted certain short and weak carriers in southern territory, to meet rates over standard lines, when similar relief had been granted standard lines, subject to circuity and other conditions. Higher rates from and to intermediate points might not exceed by more than 3.5 cents rate from or to the next more distant junction point between the short-and-weak-line carrier and its standard-line connections. Lumber from the South and Southwest, 753 (766).

Rates on iron and steel articles from Martins Ferry and Portsmouth, Ohio, to points in Kansas, were unreasonable to the extent that they exceeded rates made by combining column 35 differentials provided in 123 I.C.C. 203 to St. Louis, Mo., with column 35 factors beyond, and rates on commodities not included in the iron and steel list in the southwestern revision were unreasonable to the extent that they exceeded column 40 differentials to St. Louis, and column 40 factors beyond, subject to classification rule 10. Wheeling Steel Corp. v. Alton R. Co., 783.

DIRECTION

Lower storage rates at New York for west-bound than for east-bound freight could not be justified by difference in service or service costs. Propriety of Operating Practices-New York Warehousing, 134 (142).

Reparation awarded on wrought-iron pipe from eastern Montana to western North Dakota to basis of scale rates and arbitraries fixed as basis of reparation on shipments in opposite direction. Montana-Dakota Power Co. v. Chicago & N. W. Ry. Co., 557 (566).

Rate on pipe from Conrad, Mont., to Sheridan, Wyo., found unreasonable to the extent that it exceeded rate applicable in the opposite direction. Reparation awarded. Id. (567-568).

DISADVANTAGES. See ADVANTAGES

DISCRIMINATION. See also PREFERENCE AND PREJUDICE

In General: Participation merely in joint rates does not make connecting carriers partners, since they can be held jointly and severally responsible for unjust discrimination only if each carrier has participated in some way in that which causes discrimination. St. Louis Live Stock Exc. v. Alton R. Co., 73 (91).

The fundamental purpose of the Act is to require fair and equal treatment of shippers, "to compel the carriers as a public agent to give equal terms to all", "to cut up by the roots every form of discrimination, favoritism, and inequality”, and to "place all shippers upon equal terms." Carriers subject to the Act cannot lawfully accomplish violations of secs. 2 and 3 (1) by resorting to separate corporations which they dominate and direct. Nor can such violations be justified by reason of existing contracts. Propriety of Operating Practices-New York Warehousing, 134 (199).

Although all shippers were charged same tariff rates, the according of noncompensatory warehousing charges and rental to some shippers and not to all was equivalent to a deduction from transportation charges to some shippers in violation of secs. 2 and 3 (1) of the Act. Free loading and unloading of carload freight, or payment of allowances therefor, and handling of freight into and out of storage at less than compensatory rates added to these violations. Id. (199). Tariff rates and operating practices governing warehousing at New York could not be justified on the ground that aggregate charges were not unreasonable since all shippers were not accorded the same aggregate charges for like and contemporaneous services. Id. (200).

Private warehouse companies are "persons" within meaning of secs. 2 and 3 and charges which they are required to pay and treatment accorded them by carriers subject to the Act are subject to the provisions of those sections and of the Elkins Act. Id. (200).

DISTANCE

Computation: Following 161 I.C.C. 337, proper method for determining distances from Illinois coal groups to Missouri destinations would be to apply distance over shortest tariff route to each destination from some central shipping point in southern Illinois groups. A. B. Cole & Sons v. Missouri Pac. R. Co., 252 (256).

In computing rates on feeder sheep from Cokesville, Wyo., to Calexico, Calif., rates were based on distance over shortest route over which carload traffic could be moved without transfer of lading. Cudahy Farm Operating Co. v. Oregon Short Line R. Co., 413 (416).

In computing distance rates as basis for reparation on fertilizer materials from Michigan, Pennsylvania, Ohio, New York, and Indiana to Mississippi destinations, routing formula prescribed in 179 I.C.C. 139 was to be used. Jackson Freight Bureau v. Alabama G. S. R. Co., 635 (637).

198 I.C.C.

In computing reparation on sugar from San Francisco, Calif., to Montana points over all-rail and ocean-rail routes, short-line distance was to be used where shipments were unrouted or routed over routes less than 15 percent circuitous, or where tariff restricted routing, but where routed over routes more than 15 percent circuitous, distance over route designated was to be used unless distance over route of movement was less. Board of Railroad Commrs., Montana v. Bay Transport Co., 721 (725–726).

In complying with fourth-section relief and circuity limitations authorized in connection with rates on lumber from points on the Nashville, C. & St. L. Ry., to central-territory points, average distances to various groups or distances to centrally located base points might be used instead of distances to individual points in such groups. Lumber from the South and Southwest, 753 (770).

In granting fourth-section relief in connection with rates on lumber from the South and Southwest, size of both origin and destination groups precluded use of average distances to determine circuity of longer lines or routes. Id. (777).

In the following cases in determining rates to be used as a basis for reparation, distances were to be computed in accordance with routing formula prescribed in 146 I.C.C. 149, or as modified in 151 I.C.C. 795 or in 168 I.C.C. 449: Western Supply Co. v. Atchison, T. & S. F. Ry. Co., 237 (240); Standard Pipe Line Co., Inc., v. Atchison, T. & S. F. Ry. Co., 522 (524).

Constructive: In determining reasonableness of all-rail rates on sugar from San Francisco, Calif., to Montana, short-line distances were to be computed by way of Rogerson-Wells cut-off, using an additional constructive distance of 47.3 miles. Board of Railroad Commrs., Montana v. Bay Transport Co., 721 (722). Groups Rates: See GROUPS AND GROUP RATES.

Rate Comparisons: Applicable rate on bituminous coal from Pageton, W Va., to Adrian, Mich., was unreasonable to the extent that it exceeded joint commodity rate applicable over various other routes of comparable length between same groups. Leckie Coal Co., Inc., v. Norfolk & W. Ry. Co., 745.

Scales: Rates on plaster board from Fort Dodge, Iowa, Southard, Okla., and Sweetwater, Tex., to western trunk-line territory, found unreasonable to the extent that they exceeded scale basis prescribed, plus differentials prescribed for hauls in southwestern territory, subject to application as minima of rates to intermediate points in southwestern territory made 20 percent of first-class, where routes were not over 5 percent circuitous. Gypsum Assn. v. Atchison, T. & S.F. Ry. Co., 47 (61).

Rates on ryegrass seed from Oregon points and San Francisco, Calif., to Phoenix, Ariz., found unreasonable to the extent that they exceeded class D rates based on scale prescribed in 113 I.C.C. 52; 142 I.C.C. 61. Reparation awarded and reasonable rate prescribed from San Francisco. Finding in 178 I.C.C. 414, modified. Arizona Seed & Floral Co. v. Atchison, T. & S. F. Ry. Co., 208.

Rates on pulpwood from Ashland to Peshtigo, Wis., over intrastate route, based on distance scale prescribed by Wisconsin Railroad Commission, were applicable and not unreasonable, but applicable combination rates on shipments over interstate route were unreasonable to the extent that they exceeded rates based on the interstate distance scale. Reparation awarded. Roedter v. Chicago & N. W. Ry. Co., 225.

Rates on common brick from Goldsboro, N.C., to Virginia points in trunk-line territory were unreasonable prior to date of decision in 155 I.C.C. 730, to the extent that they exceeded rates determined by the application of distance scale prescribed in 88 I.C.C. 543, and by use of the same scale as modified in 155 I.C.C. 730 on and after that date. Reasonable rates and minimum prescribed and reparation awarded. Borden Brick & Tile Co. v. Atlantic Coast Line R. Co., 232.

Rates on iron and steel pipe between points in Kansas, Oklahoma, and Texas were unreasonable to the extent that they exceeded rates based on 35 and 38 percent of southwestern scale, for single and joint line hauls, respectively, with differentials, subject to distance computation under formula in 195 I.C.C. 486. Reparation awarded. Western Supply Co. v. Atchison, T. & S. F. Ry. Co.,

237.

Rates on iron and steel pipe from points in Ohio, Pennsylvania, West Virginia, and Tennessee to Oklahoma were unreasonable to the extent that they exceeded 35 percent of first-class rates prescribed in the southwestern revision, distances to be computed under routing formula in 168 I.C.C. 449. Reparation awarded. Id. (237).

Under key-point basis prescribed in 164 I.C.C. 314, class rates between New England and trunk-line territories and central territory were not fixed on an exact distance basis from and to key points as centers of groups, but as points from which rates should be blanketed back over intermediate points. That basis was not primarily a grouping of segregated industrial communities but was designed to blanket all points under particular key rates. Manufacturers' Assn. v. Ahnapee & W. Ry. Co., 262 (265).

Rate on sheet-steel piling and lumber in mixed carloads, from Harrison, Idaho, to Riverview, Mont., found unreasonable to the extent that it exceeded rate based on scale prescribed in 21 I.C.C. 640. Reparation awarded. No rate prescribed for future because of improbability of movement. Portland Bridge Co. v. Oregon-W. R. & Nav. Co., 272.

Reparation awarded on shipments of nitrate of soda from Hopewell, Va., to points in New York, Maryland, New Jersey, Pennsylvania, and North LeRoy, N.Y., to the basis of rates sought, subject to distance scale prescribed in 146 I.C.C. 419 as minimum. Atmospheric Nitrogen Corp. v. Norfolk & W. Ry. Co., 309.

Per car rate on feeder sheep from Cokesville, Wyo., to Calexico, Calif., was unreasonable to the extent that it exceeded rate on basis of distance scale prescribed in 178 I.C.C. 501, subject to minimum of 20,000 pounds. Reparation awarded. Cudahy Farm Operating Co. v. Oregon Short Line R. Co., 413.

Rate on sand and gravel from Oreapolis, Nebr., to Bedford, Iowa, was found not unreasonable in the past but unreasonable for the future to the extent that it might exceed rate for 80 miles under the Nebraska-Iowa scale, plus 15 cents for distance of 110 miles. Rates to Prescott, Iowa, based on same scale slightly higher than scale rate fixed in 165 I.C.C. 454, found not unreasonable. Reed & Wheelock v. Chicago, B. & Q. R. Co., 427.

Rate on wrought-iron pipe from Williston, N.Dak., over interstate route to Mandan, N.Dak., was unreasonable to the extent that it exceeded rate equal to 37.5 percent of first-class rate under western trunk-line revision zone III scale, plus arbitrary of 15 percent for haul within Montana. Reparation awarded. Montana-Dakota Utilities Co. v. Great Northern Ry. Co., 435.

Rate on cattle from Fort Worth, Tex., to Moultrie, Ga., found unreasonable to the extent that it exceeded scale rate prescribed in 118 I.C.C. 601. Reparation awarded. Swift & Co. v. Texas & P. Ry. Co., 469.

Rates on bananas from New Orleans, La., and Galveston, Tex., to Roswell, N.Mex., found unreasonable to the extent that they exceeded 45 percent of firstclass rates under the southwestern scale, to which basis rates were subsequently reduced. Reparation awarded. El Paso Freight Bureau v. Atchison, T. & S. F. Ry. Co., 478.