While traffic is held in storage on carrier's piers or warehouses, its responsibility is that of a warehouseman only. When traffic is held in storage in warehouses not operated by the carrier, the custody and possession, as between carrier and consignee or owner, is that of the consignee or owner. Propriety of Operating Practices-New York Warehousing, 134 (140). Shipment from Mount Olive, N.C., to Petersburg, Va., diverted to complainant "Lehigh Private Siding, Perth Amboy", found misrouted. Diversion instructions construed to require Lehigh Valley R. Co. delivery and carrier making diversion was responsible for not specifying that delivery or obtaining clear instructions. Reparation awarded. Greenspan Bros., Inc., v. Atlantic Coast Line R. Co., 301 (302). Findings that under special circumstances Commission would not hold jointly and severally liable carriers participating in hauls for which unreasonable combination rate was charged, but would determine extent to which each factor was unreasonable, did not establish a settled and inviolate rule. Buckeye Cotton Oil Co. v. Illinois Central R. Co., 706. Although factor of combination rate applicable west of Mississippi River had been prescribed by Commission and western lines did not concur in local rate factor east of river, Commission would not determine reasonableness of each factor in the combination rate but awarded reparation against carriers collectively. Id. (706). When a through rate, joint or combination, is found unreasonable, order awarding reparation may run against the participating carriers collectively. Id. (707). That proposed reduced rates were suspended by Commission leaving assailed rates in effect did not relieve carriers of their liability for damages because of unreasonable charges. Wheeling Steel Corp. v. Alton R. Co., 785 (787). LICENSES Right to use terminals of another carrier is not a license, since a license is revocable at the will of the holder of the land upon which it is exercised. MissouriK.-T. R. Co. v. Kansas City Term. Ry. Co., 4 (8). LIMITATION OF ACTIONS Complaint not subscribed as required by rules of practice, which was returned for correction, tolled statute of limitations as of date of original filing. Anderson Oil Co. v. Atchison, T. & S. F. Ry. Co., 525 (526). Complaints containing a general description of shipments upon which reparation is sought are sufficient to meet requirements of the statute. Id. (526). When complaint assailed rates in effect during the 2 years preceding its filing, an amendment seeking to include earlier shipments covered by informal complaint, closed more than 6 months prior to date of amendment, was barred. Jackson Freight Bureau v. Alabama G. S. R. Co., 635. LINE HAUL Rates prescribed by Commission on livestock in 176 I.C.C. 1 did not include compensation for transit. St. Louis Live Stock Exc. v. Alton R. Co., 73 (109). LIVESTOCK In General: Rates on stocker and feeder livestock to Wichita, Kans., were not unduly prejudicial compared with basis of 85 percent of fat-stock rates which applied to various points not recognized as public markets and not served by public feed yards. St. Louis Live Stock Exc. v. Alton R. Co., 73 (96). Rates on feeder cattle from Whitewater, N. Mex., consigned to Phoenix, Ariz., not receiving subsequent rail haul, found unreasonable to the extent that they exceeded rates prescribed in 178 I.C.C. 501 on slaughter cattle. Finding in 195 I.C.C. 323, awarding reparation to basis of 85 percent of fat-cattle rate, modified. Maricopa Packing Co. v. Atchison, T. & S. F. Ry. Co., 729 (730). Transit: See TRANSIT. LOCATION. See ADVANTAGES. LONG AND SHORT HAUL In General: In group adjustments, situations in which rates to intermediate points are higher than to points beyond are of frequent occurrence and are justifiable if reasonable groupings are maintained under a prescribed basis. Lincoln Chamber of Commerce v. Abilene & S. Ry. Co., 461 (463). Principle under 283 U.S. 686, that rate published without restrictions would not apply over the longer route if such application would cause fourth-section violations, was not controlling where the situation was protected by fourthsection order. Parkersburg Rig & Reel Co. v. Chicago & N. W. Ry. Co., 709 (716). Under doctrine in 283 U.S. 686, rates on crude rubber from New York, N.Y., to Chicago, Ill., higher than rates to Keokuk, Iowa, and St. Louis and Hannibal, Mo., did not violate the fourth section as shipments would not ordinarily move over the longer routes through Chicago. Dryden Rubber Co. v. Baltimore & O. R. Co., 735 (736–737). Fourth-section departures on routes which operate through higher-rated groups from, to, or between points in lower-rated groups are an inherent part of any group adjustment of rates and it is practically impossible to maintain such an adjustment without them. Lumber from the South and Southwest, 753 (771). In the exercise of its discretion under sec. 4, the Commission does not conceive it to be in the public interest or in the interest of the promotion of efficient and economical railway transportation service to encourage the diversion of traffic from shorter lines or routes, over which it apparently could be handled more economically, to routes of extreme circuity over which at the best it could be transported only at greater cost and less profit and where there is grave doubt that such rates would be reasonably compensatory. Id. (776). Circuity: See EQUIDISTANT CLAUSE; RELIEF; under this heading. Damages: Suspension of rates to and from points in Kansas and entry of a fourth-section order in connection with prescribed rates to and from more distant points in Oklahoma did not constitute approval of higher rates between points in Kansas and points in central and eastern territories. Reparation awarded on various commodities. Mosbacher Motor Co. v. Alton & S. R. Co., 408 (411). Equidistant Clause: See also RELIEF under this heading. Compliance with equidistant provision of sec. 4, was not required when relief was granted to avoid short-hauling one of carriers serving intermediate point and not because of circuity. Lumber from Washington, 578 (580). Equidistant provision of sec. 4 must be imposed where relief is granted on the ground of circuity. Coal to Georgia and the Carolinas, 612 (613). Intermediate Rule: Route of St. Louis-S.F. Ry., on petroleum products from the southwest to St. Louis, Mo., was via Springfield and Cuba and not via Chicopee, Mo. Therefore, Chicopee could not be regarded as intermediate to and in direction of St. Louis, and latter rates did not apply as maxima to Chicopee. Neely Oil Co. v. Alton R. Co., 343 (346). Charges on plate-steel riveted pipe, from Gary, Ind., to Denver, Colo., fabricated in transit and forwarded to Capitan, N. Mex., found applicable. Rate named to Deming, N.Mex., was not applicable under intermediate rule as Capitan, a spur-line point, was not directly intermediate to Deming. R. Hardesty Mfg. Co. v. Colorado & S. Ry. Co., 437. Intermediate rule, restricted not to apply at destinations to which "any firstclass rate (local, joint, or through combination rate)" from same origin was named in any other tariff or tariffs, had no application on candy from Nashville, Tenn., to Missouri destinations, rated second-class, when there were through combination first-class rates constructed of factors published in separate tariffs. Standard Candy Co. v. Nashville C. & St. L. Ry., 733. Presumptions: Since fourth-section departure in rates on broomcorn from Mattoon and Charleston, Ill., to Kansas City, Mo., higher than to more distant points was protected by order, presumption of unreasonableness arising therefrom, was rebutted. Ingle Bros.' Broom Corn-Grain & Supply Co. v. Missouri Pac. R. Co., 1 (3). Fourth-section application to establish rates on gasoline from Pensacola, Fla., to Alabama destinations the same as apply from Mobile, Ala., denied. Although rates applied from those points for practically equal distances, relief in rates from Mobile had been previously granted to meet water competition which did not exist at Pensacola. Gasoline from Pensacola, Fla., 444. Relief granted to permit cancelation of joint rates resulting in short hauling one of the carriers serving intermediate common points. Lower single-line rates conforming to sec. 4 would still be available. Lumber from Washington, 578. Limitations must be imposed upon the length of routes accorded fourth-section relief, to insure rates that are reasonably compensatory and prevent wasteful transportation. Coal to Georgia and the Carolinas, 612 (613). Fourth-section relief to meet water competition denied on corn from Peoria and Pekin, Ill., to New Orleans, La. While barge service and rates had been extended to those points, facilities for loading corn had not been completed and competition was merely potential. Corn to New Orleans, La., 615 (621). Fourth-section relief was not justified in connection with rates on lumber from northeastern Arkansas and southeastern Missouri to New England and eastern territory, on ground that grouping was proper and in the public interest, but relief was granted over circuitous routes to meet the rates over direct lines, subject to the equidistant clause and circuity limitations. Lumber from the South and Southeast, 753 (761). Provision in connection with fourth-section relief, which requires that higher rates from and to intermediate points be continued as maximum rates, is uniformly included in orders granting relief to prevent any increase in the disparities between the higher rates from or to intermediate points and the lower rates from or to more distant points. That provision is necessary to confine the relief granted within the limits shown to be justified. Id. (763). In order to secure relief to maintain lower rates from more distant points than from intermediate points carriers must establish that the rates from the more distant points are depressed below a reasonable basis and that the higher rates from intermediate points are not unreasonable. Id. (764). Because conditions in territory south of the Ohio River warrant a higher level of rates than that which generally prevails north of the river, Commission has granted fourth-section relief to carriers operating through southern territory to meet rates of carriers operating north thereof. Id. (765). Burden was on applicant for fourth-section relief to show that rates from competitive points were depressed rates not subject to its control, but made to meet the competition of other routes, and that the higher rates which it was proposed to maintain from intermediate points were not unreasonable. Id. (769). Establishment of proportional rates for the purpose of equalizing routes through various gateways has been recognized under some circumstances as a ground for fourth-section relief. Id. (769). 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 the distances to individual points in such groups. Id. (770). Fourth-section relief denied in connection with rates on lumber from southwestern origin groups to Oklahoma groups and to Texas points through Oklahoma, where the grouping was too inconsistent to be considered a proper adjustment, but relief granted over circuitous routes, subject to the equidistant clause, circuity, and other conditions. Id. (773). Commission could not approve a group adjustment by granting fourth-section relief to continue the same upon the ground that such grouping was necessary or desirable in the public interest, where the adjustment resulted in higher rates from intermediate points that generally, insofar as distance and other conditions affecting transportation were concerned, were located as favorably in relation to the territory of destination as more distant points from which lower rates were sought to be maintained. Id. (774). 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). Fourth-section relief was granted or modified in the following cases: Asphalt Rock and Limestone in the Southwest, 355; Coal to Georgia and the Carolinas, 612; Coal to Indianapolis, 647; Coal to St. Louis District, 603; Corn to New Orleans, La., 615 (621, 622); Fertilizer Ammoniating Solution from Belle, W.Va., 363; Livestock from New Mexico to Fort Worth, Tex., 718; Lumber from Washington, 578; Lumber from the South and Southwest, 753 (758-775); Petroleum, New Orleans Group to Mobile, 359; Sugar Cases of 1933, 368 (369); Sugar from Sidney, Mont., 449. In the following cases fourth-section relief was denied: Iron and Steel Articles from the South, 417; Green Coffee from Texas Ports and Lake Charles, La., 421; Lumber from the South and Southwest, 753 (764, 769-770); Petroleum to Oakes, S.Dak., 549. MAILS New Jersey & N. Y. R., a subsidiary of the Erie R. Co., was not entitled to railway-mail pay as a railroad less than 100 miles in length. While former carrier's reports, accounting records, and tariffs are kept and issued on basis of separate operation, its physical operations and its administrative organization are not separate and distinct from the Erie and its subsidiaries. Railway Mail Pay, 504. MANAGEMENT Warehousing and storage practices, charges collected, and allowances made in connection therewith at Port of New York, found to dissipate carriers' funds and revenues, not to conform with efficient and economical management as contemplated by the Act, and not to be in the public interest. Carriers admonished to take corrective measures and carriers serving other ports admonished to adjust their charges and practices to conform with principles announced. Propriety of Operating Practices-New York Warehousing, 134 (202). That cancelation of commodity rates might lead to increased purchases abroad, and to movement by barge as well as increased truck movement, were primarily matters for carriers to consider. Barium Chloride between Eastern Points, 451 (453). MARKET COMPETITION. See COMPETITION MARKETS Competition: See COMPETITION. Livestock: Markets to which livestock was consigned or at which through shipments were stopped and sold for local slaughter were destinations of those shipments, although such points might not be considered the destinations or origins of shipments stopped en route through such markets, sold, and reforwarded under transit privilege. Such markets were localities within purview of sec. 3 under interpretation placed thereon in 289 U.S. 627. St. Louis Live Stock Exc. v. Alton R. Co., 73 (80). Maintenance of less favorable transit arrangements on livestock at midwestern markets than at Denver, Colo., and Ogden and Salt Lake City, Utah, was not unduly prejudicial since conditions and circumstances at latter points were substantially different. Id. (93). Transit arrangements maintained at country markets on livestock were found unduly prejudicial to midwestern markets which did not have like arrangements. Order withheld pending voluntary removal by carriers. Id. (96). MAXIMUM RATES In General: Finding that a rate from certain points was not unreasonable was equivalent to saying that, based on evidence, rate was deemed to be less than a maximum reasonable rate. Crane Enamelware Co. v. Baltimore & O. R. Co., 267 (269). Commodities: Maximum reasonable rates were prescribed in the following cases: Fertilizer and fertilizer material: Eastern Fertilizer Cases, 483 (493). MINIMUM RATES In General: Rate scales and differentials prescribed on plaster board from Fort Dodge, Iowa, Southard, Okla., and Sweetwater, Tex., to western trunk-line territory were made 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). Minimum-rate provision was fixed in 164 I.C.C. 1, primarily to eliminate long-and-short-haul departures, but its observance in connection with rates on hay resulted in holding many rates between central and western territories to a level higher than the class C basis, which apparently was intended to apply as maximum. Provision eliminated in connection with rates prescribed on hay. Calliari Bros. v. Ann Arbor R. Co., 388 (391). Combination rates on shipments of horses and mules, from South Dakota and Iowa to official territory, not directed into market stockyards at rate-break points, made subject to proportional rates, but no rate to be reduced below minimum indicated. Thompson v. Baltimore & O. R. Co., 540 (546). Fourth-section relief granted to establish water-competitive export and coastwise rates on corn from Havana, Ill., to New Orleans, La. Minimum local rate and lower proportional rate from Havana, determined, rates from interior Illinois points to be not less than sum of local rates to Havana plus proportional rate beyond, subject to local rate from Havana as minimum. Corn to New Orleans, La., 615 (622). |