CASES REPORTED IN INTERSTATE COMMERCE COMMIS SION REPORTS, UNDER PART I OF THE INTERSTATE COMMERCE ACT, WHICH INVOLVE ALSO ISSUES UNDER PART II OF THE ACT
July 7, 1948, to March 11, 1949, inclusive
Passenger Fares Between District of Columbia and Nearby Virginia, 270 I. C. C. 651. Bus and streetcar passenger fares subject to parts I and II prescribed. Jurisdictional position of the Commission determined.
Allowances for Pick Up and Delivery at Kansas City, 272 I. C. C. 331. Payment by line-haul motor carriers or freight forwarders to warehousemen or local draymen, for performance of pick-up and delivery service under oral arrangements, of compensation exceeding the tariff allowance would be an unlawful rebate.
Mississippi Intrastate Express Rates and Charges, 273 I. C. C. 777. Jurisdictional position under parts I and II to prescribe increased intrastate express rates. 49 M. C. C.
INDEX OF COMMODITIES IN CASES INVOLVING RATES
Boilers, range, 637; Boots, 779; Boxes, battery, polystyrene, 536; Butter, 46; Cloth, synthetic gum or resin, woven, 334; Food preparations, cereal, 33; Heaters, water, 637; Hosiery, nylon and silk, 501; Liquors, alcoholic, 703; Merchandise, 341; Powder, soap, 176; Radiators, engine-cooling, 515; Sheeting, synthetic gum or resin, woven, 334; Shoes, 779; Shortening, vegetable-oil, 715; Soap, 176; Tanks, storage, hot water, 637; Toilet articles, 176; Trailers, empty, 272; Trucks, hand, 259; Vents, battery, polystyrene, 536.
INDEX OF LOCALITIES IN CASES INVOLVING RATES
[Numbers in parentheses following citations indicate pages on which localities are considered.]
Bay Minette, Ala., 93; Bendix, N. J., 259; Bergen County, N. J., 137; Boston, Mass., 779; Central territory, 4; Chicago, Ill., 176, 515, 715; Cincinnati, Ohio, 703; Cleveland, Ohio, 536; Eastern New York, 196, 477 (488); Eastern transcontinental group, 211; East St. Louis, Ill., 46; Elgin Field, Fla., 93; Florence, Mass., 536; Ivorydale, Ohio, 715; Jeffersonville, Ind., 176; La Porte, Ind., 515; Lawrenceburg, Ind., 703; Louisville, Ky., 703; Maine, 779; New England, 81, 196; New England territory, 357, 477; New Hampshire, 81, 779; New Jersey, 196, 477 (488); New York, 196, 477 (488); New York City area, 81; New York, N. Y. 137; Northeastern New Jersey, 196, 477 (488); Portland, Oreg., 341; Providence, R. I., 272; Rockland County, N. Y., 137; St. Louis, Mo., 46, 703; San Francisco, Calif., 341; Southeastern New York, 477 (488); Springfield, Mo., 46; Syracuse, N. Y., 259; Trunk-line territory, 357; Vancouver, Wash., 341; Vermont, 81, 779; Western transcontinental group, 211; Wisconsin, 176.
ACCOUNTS. While no particular system of accounts for brokers was pre-
scribed, rule 13 was adopted requiring brokers to keep separate accounts for
brokerage and other operations. A broker should be prepared to show at any
time in a report to the Commission the equitable allocation of common expenses
and basis of allocation. Practices of Property Brokers, 277 (315).
ADEQUACY OF SERVICE. See TRANSPORTATION.
ADJACENT FOREIGN COUNTRY. TRANSPORTATION SUBJECT TO ACT:
Jurisdiction of the Commission extended only to operations which would be
performed within the United States. Kenosha Auto Transport Corp. Ext.-
Laredo, Tex., 423 (425); National Trailways Bus System Broker Ext., 472 (474).
TRANSPORTATION TO OR FROM; Transportation of new motor vehicles and
chassis, knocked-down, bodies, cabs, and motor-vehicle parts, under band, from
shipper's plant at Springfield, Ohio, to Laredo, Tex., on international boundary,
returning with loading racks and dunnage, authorized when rail shipments were
slow and often badly damaged on arrival at assembly plant in Saltillo, Mexico.
Kenosha Auto Transport Corp. Ext.-Laredo, Tex., 423 (424).
Certificate for irregular-route operation between Eagle Pass, Tex., and vicinity,
and the international boundary line at Eagle Pass, denied to a Mexican citizen,
manager of a forwarder, which would be the principal shipper. Such service
would not be in the public interest. Moreover, existing carriers were able to
meet transportation needs of supporting shippers. Juan de la Cruz Guerra
Com. Car. Applic., 657.
ADMINISTRATIVE PROCEDURE ACT. See EVIDENCE.
ADMINISTRATIVE RULES, REGULATIONS, AND ORDERS. See also
ROUTES (Irregular).
ADMINISTRATIVE RULES: Nos. 84 and 87: Akron, N. Y., an incorporated village
more than 1 mile from applicant's Batavia-Buffalo, N. Y., route, could not be
served as an off-route point under administrative ruling 87, which excepts sep-
arately incorporated villages, nor under administrative ruling 84, which relates
to places within corporate limits of incorporated villages not intermediate points
on authorized highways but applies only when such a village is within 1 mile of
the highway. McCullough Transfer Co. Ext.-Alternate routes, 121 (124).
No. 87: Ruling, that a regular-route property carrier is permitted to serve all
unincorporated points within 1 mile of an authorized municipality having over
10,000 people, has been extended to irregular-route property carriers. Brandt
Ext.-Paper, 76 (77).
ADVANTAGES. See DUAL OPERATION.
ADVERTISEMENT. See BROKERS (Practices).
AFFIDAVITS. When applicant notified the Commission by letter of its aban-
donment of the provider-plan of operation and outlined its proposed method,
filing of affidavit required by 48 M. C. C. 327, showing compliance therewith,
was found unnecessary as it would delay final determination. Performance of
Motor Com. Car. Service by Riss & Co., Inc., 111 (112, 119).
AFFILIATION. See DUAL OPERATION; PARTIES.
AGENTS. See also BROKERS (Billing; Scope of Operation).
IN GENERAL: An agent may represent at same time principals with conflicting
interests with the knowledge and assent of both. Practices of Property Brokers,
277 (301).
CARRIERS: "Bona fide agent" is used in exemption from license requirements
of sec. 211 (a) in a narrower sense than is usually connoted by term "agent."
The bona fide agency contemplated by the statute is one marked by a continuing
relationship between agent and carrier under a preexisting agreement whereby
agent functions as part of carrier's organization, performs his duties as an em-
ployee, and is precluded from exercising discretion in awarding traffic or acting
independently in respect of such traffic. Practices of Property Brokers, 277 (299).
Brokerage rule denying agency status to anyone whose operating expenses are
not paid entirely by his principal was inconsistent with the Commission's accep-
tance of corporate agencies and could not be adopted. Id. (300).
Definition of “bona fide agent," in brokerage rule 2, would strip the mantle of
agency from many who have claimed to be agents in good faith but the act pro-
vides no special treatment of carriers who are also brokers of transportation of
household goods. A carrier who solicits and books a shipment, knowing that he
may turn it over, for a commission, to first itinerant van available, provided that
its owner is one of several "principals" who will pay commission and possibly
return the favor, is not a bona fide agent of such "principal," even though trans-
action may conform to a prior understanding and may be indirectly beneficial
to the public. Id. (302).
AGREEMENTS. See also OPERATION (Unauthorized).
BETWEEN CARRIERS: Practice of booking agent, a member of common-carrier
association operating under an agreement allowing association some control over
operations between Eagle Pass, Tex., and Piedras Negras, for customs clearance,
in assigning traffic on a rotating basis among the members violated sec. 5 (1), pro-
hibiting agreements for pooling, division of traffic, service, et cetera, between
common carriers subject to part II of the act. In absence of an order approving
such agreement, carriers engaged in unauthorized practices. Juan de la Cruz
Guerra Com. Car. Applic., 657 (661).
AGRICULTURAL COMMODITIES. See CONSTRUCTION AND INTERPRETA-
TION (Legislative Intent).
AIR CARRIERS. MOTOR CARRIAGE INCIDENTAL: "Incidental to transpor-
tation by aircraft" used in sec. 203 (b) (7a) has been consistently construed to
mean a service "subordinate" to immediately prior or immediately subsequent
air transportation, or one which is an "adjunct" or "result" of prior or subse-
quent air transportation. To be partially exempt, motor carriage must also be
limited to bona fide collection, delivery, or transfer services within a territory
within the air line's proper terminal area adjacent to airport involved. Koch
Com. Car. Applic., 555 (557).
ALL-COMMODITY RATES. In determining reasonableness of a proposed all-
commodity rate, transportation characteristics of the substantial volume of
traffic which would be carried at new rate and its relation to the normal rates on
the same traffic must be considered. Merchandise, San Francisco and Oregon,
When articles accorded the highest 1. t. 1. ratings and rates would move under
proposed new all-commodity rate between San Francisco and California points
grouped therewith, and Portland, Oreg., and Vancouver, Wash., rate was unduly
low in relation to rates at which traffic normally moved, and it was not shown
that resulting economies to carrier approximating reductions in revenues at pro-
posed rate would result. Proposed rate found not justified. Id. (348).
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