INDEX OF LOCALITIES IN CASES INVOLVING RATES

[Numbers in parentheses following citations indicate pages on which localities are considered.]
Alabama, 447; Ames, Iowa, 111 (114); Arkansas, 301, 626; Baltimore, Md.,
355, 726; Batesville, Ark., 626 (628); Battle Creek, Mich., 34; Belleville, Ill.,
90; Bethlehem, Pa., 797 (798); Billings, Mont., 658; Black Rock, Ark., 626
(628); Bloomfield, N. J., 501 (518); Boston, Mass., 319, 501 (518), 571; Buffalo, N. Y.,
501 (520); California, 714, 740; Cedar Rapids, Iowa, 111 (114); Central Falls,
R. I., 501 (517); Central territory, 39, 111, 225, 273, 367, 443, 675, 686; Chester,
Pa., 355; Chicago district, Ind.-Ill., 483; Chicago, Ill., 34, 90, 111, 181, 495;
Cincinnati, Ohio, 501 (520); Cleveland, Ohio, 501 (517); Columbus, Ohio, 257,
495; Corning, N. Y., 501 (517); Delaware, 355; Des Moines, Iowa, 111; Dodge
City, Kans., 111; Duluth, Minn., 95, 259; Dunellen, N. J., 61; Dunn, Calif.,
714; East, 501 (502); Easton, Pa., 797 (798); Elk City, Okla., 90; Erie, Pa.,
501 (520); Fargo, N. Dak., 166; Florida, 447, 599; Georgia, 447; Grand Rapids,
Mich., 34; Hardy, Ark., 626 (628); Hutchinson, Kans., 90, 111; Idaho, 740;
Illinois, 111, 259; Illinois, Chicago district, 483; Illinois territory, 273; Imboden,
Ark., 626 (628); Indiana, Chicago district, 483; Jackson, Mich., 34; Jamaica,
N. Y., 61; Kalamazoo, Mich., 34; Kansas, 111, 301; Kansas City, Kans.-Mo.,
301; Kansas City, Mo., 111; Lansing, Mich., 34; Lewistown, Pa., 280; Little
Rock, Ark., 257; Louisiana, 447; Mammoth Spring, Ark., 626 (627); Mansfield,
Ohio, 501 (520); Manville, N. J., 200; Marcus Hook, Pa., 280; Marion, Ohio,
501 (520); Marshalltown, Iowa, 111 (114); Maryland, 355; McMinnville, Oreg.,
288; Melbourne, Ark., 626 (628); Memphis, Tenn., 626; Minneapolis, Minn.,
95, 166, 181; Minnesota, 259; Mississippi, 447; Missouri, 111, 301; Montana,
740; Nevada, 740; Newark, N. J., 726; New Brunswick, N. J., 61; New England,
280, 319; New England territory, 39, 367, 686; New Hampshire, 571; New Jersey,
797 (798); New York, 200; New York, N. Y., 61, 355, 453, 797 (798); Niles,
Ohio, 501 (517); Norfolk, Va., 355; North Carolina, 447; North Dakota, 166;
Oklahoma, 301; Oneida, N. Y., 501 (520); Oregon, 740; Oskaloosa, Iowa, 111
(114); Ottumwa, Iowa, 111 (114); Parkersburg, W. Va., 280; Parsons (Wilkes-
Barre), Pa., 61; Philadelphia, Pa., 355, 501 (518); Piqua, Ohio, 501 (520); Pitts-
burgh, Pa., 355; Plainfield, N. J., 61; Pocomoke City, Md., 355; Portland, Oreg.,
288, 305; Ravenden, Ark., 626 (628); St. Joseph, Mo., 111; St. Louis, Mo., 90,
111; St. Paul, Minn., 95, 166, 181; Salem, Ark., 626 (628); Salem, Mass., 501
(518); Salina, Kans., 111; Sauk Rapids, Minn., 320; Sawyer, Wis., 181; Seattle,
Wash., 305; South, 501 (502), 599; South Bound Brook, N. J., 200; Southern
territory, 273, 443; Southwest, 273, 309; Sturgeon Bay, Wis., 181; Superior,
Wis., 259; Syosset, N. Y., 501 (520); Tacoma, Wash., 305; Tampa, Fla., 320;
Taunton, Mass., 280; Tennessee, 447; Texas, 301; Thief River Falls, Minn.,
166; Thomson, N. Y., 453; Topeka, Kans., 111; Trenton, N. J., 61, 501 (518);
Trunk-line territory, 39, 225, 273, 367, 414, 686, 797; Tulsa, Okla., 501 (520);
Twin Cities, Minn., 95; United States, 501 (502); Utah, 740; Vancouver, Wash.,
288; Vermont, 571; Victory Mills, N. Y., 453; Virginia, 355, 447; Walnut Ridge,
Ark., 626 (628); Washington, 288; Washington, D. C., 355; Waterloo, Iowa,
111 (114); Waverly, Iowa, 111 (114); Webster City, Iowa, 111 (114); Wellsboro,
Pa., 501 (517); West, 501 (502); Western trunk-line territory, 111, 259, 273,
309; Wichita, Kans., 90, 111; Wilkes-Barre (Parsons), Pa., 61; Williford, Ark.,
626 (628); Wilmington, Del., 355; Wisconsin, 95; Wyoming, 658.

INDEX DIGEST

ABANDONMENT OF OPERATION.

See CONVENIENCE AND NECESSITY

(Revocation of Certificates); SAVING CLAUSES (Interuption of Service).
ACCESSORIAL SERVICES. See WAREHOUSES.

AGENTS, CARRIERS'. See BROKERS (Definition and Tests of Status).
AGGREGATE OF INTERMEDIATES. See JOINT RATES AND FARES (Through
Rates Exceeding Aggregate of Intermediates).

AGRICULTURAL COMMODITIES. Phrasing of draft of sec. 203 (b) (6)
and debates resulting in form finally enacted, and commas separating descriptions
of commodities exempted, indicated that each was a complete description and
that "(not including manufactured products thereof)" referred only to agricultural
commodities. Monark Egg Corp. Contr. Car. Applic., 15 (17).

Peanuts, customarily sold by farmers in the shell, enter the ordinary channels
of commerce when they reach the shelling plant, and thereafter are not unmanu-
factured agricultural commodities within exemption of sec. 203 (b) (6). Id. (19).
Poultry, farm-raised, is an agricultural commodity, but since packing com-
panies kill and dress it, and its subsequent transportation is under refrigeration,
poultry killed and picked but not drawn is not an unmanufactured agricultural
commodity within exemption of sec. 203 (b) (6). Id. (20).

Transportation of unprocessed agricultural commodities was exempt under
sec. 203 (b) (6) when return hauling of nonexempt traffic of other carriers was
performed under bona fide equipment leases. Newman Contr. Car. Applic., 190
(192).

ALTERNATIVE RATES. Proposed increased column A rates on contractors'
outfits and articles requiring specialized handling or rigging, minimum 15,000
pounds, from Florida points to Ala., La., Miss., the Carolinas, Tenn., and Va.,
over irregular routes, found unlawful when they would have no practical applica-
tion, lower alternative rates, minimum 24,000 pounds, also having been proposed.
Kennelly Transfer & Stor. Co., Fla. and Southern Points, 447 (449, 452).

In the following case, alternative rates were involved: Soap and Related Articles,
Over Lyman Truck Lines, 301 (302).

AMBIGUITY. See APPLICATIONS (Amendment); EVIDENCE (Record in Other
Proceedings).'

ANY-QUANTITY RATES. See CLASSIFICATION (PROPERTY (Light and Bulky
Articles)).

APPEARANCES.

When joint board waived action on application referred to
it for recommendation and report by failure to appear at hearing, it was referred
to an examiner under sec. 205 (b). Alto Trucking Co., Inc., Ext.-New Jersey,
755 (756).

APPLICATIONS. See also SAVING CLAUSES; and specific subjects.

AMENDMENT: Amendment to application for certificate which restricted quan-
tum of service rather than commodities or territory and which used ambiguous
terms was found improper. Although allowed, it placed an unworkable restriction
on common-carrier operations. Any authority granted must be definite in
meaning and logical in scope. Dawson and Corbett Ext.-Northwest Terr.,
293 (294, 297).

FILING: Priority in filing application is not controlling, or even significant,
except when all other things are equal. Resler Ext.-Juarez, Mex., 733 (738).
ASSEMBLING AND DISTRIBUTION RATES. See also CONSTRUCTION AND
INTERPRETATION (Legislative Intent). Assembling and distribution rates were
not unlawful merely because they would apply for distances greater than line-haul
distance from assembly to distribution points. Minnesota and N. Dak. As-
sembling and Distribution Rates, 166 (168).

Provision that assembling rates on 1. t. 1. shipments delivered to consolidation
points would apply only when they moved beyond as part of c. 1. or t. 1. shipment
within 7 days, afforded the forwarder or consolidator an unreasonably long time
to make up a carload or truckload subject to lowest possible rate. Two calendar
days, exclusive of Sundays and holidays, is a reasonable maximum period for
assembling a consolidated shipment. Id. (169).

ASSEMBLING AND DISTRIBUTION SERVICE. See DEMURRAGE (Charges).
BACK HAULS. See RAIL AND MOTOR (Coordination).
BONA FIDE OPERATION. See SAVING CLAUSES.

BRANCH LINES. See RAIL AND MOTOR (Coordination).
BROKERS. See also WAREHOUSES.

DEFINITION AND TESTS OF STATUS: When applicant, without revision of its
contract with Pacific Greyhound prohibiting sale of competitors' tickets without
Greyhound's consent, gradually expanded into a large, independent travel bureau
which, while favoring Greyhound also sold tickets of other bus, bus-rail, and air
carriers, he was no longer an "agent" but a broker within sec. 211.
Broker Applic., 315 (318).

Crabtree

LICENSES: Brokerage license for arranging household-goods transportation
between points in West Virginia and all other points in the United States, granted
to common carrier of household goods between points in official and New Eng-
land territories, on one hand, and in southeastern States, on the other. Such
dual operation was consistent with the public interest because of the specialized
service rendered by household goods carriers. Nelson Transfer & Stor. Co.
Broker Applic., 312 (314).

While nontransportation services form no part of broker's undertaking, Com-
mission can consider whether such services affect a broker's operation in the
public interest or result in unlawful practices. Arrangement tending to vest
control of a shipper's traffic in a brokerage applicant is not compatible with
public interest. A broker, having gained control of traffic, would route it over
lines willing to pay him a commission, rather than over faster carriers. Fried
man Broker Applic., 631 (636).

Brokerage license was denied when success of applicant's business stemmed
from his control of certain shippers' traffic through gratuitous performance of
important nontransportation services. Collection of 10-percent commission
from carriers resulted in an unwarranted diminution of their revenues since
broker rendered them no service entitling him to compensation. Id. (637).
Denial: Friedman Broker Applic., 631.

Grant: Crabtree Broker Applic., 315.

Partial Grant: Varco Broker Applic., 77.

BURDEN OF PROOF. See also INVESTIGATION AND SUSPENSION. Burden
is on claimant of benefits of an exemption provided by the act to show that it
covers his operations. Monark Egg Corp. Contr. Car. Applic., 15 (19); Rauch
Registration Applic., 83 (88).

BURDEN OF TRANSPORTATION. See VALUE.

INDEX DIGEST

ABANDONMENT OF OPERATION. See CONVENIENCE AND NECESSITY
(Revocation of Certificates); SAVING CLAUSES (Interuption of Service).
ACCESSORIAL SERVICES. See WAREHOUSES.

AGENTS, CARRIERS'. See BROKERS (Definition and Tests of Status).
AGGREGATE OF INTERMEDIATES. See JOINT RATES AND FARES (Through
Rates Exceeding Aggregate of Intermediates).

AGRICULTURAL COMMODITIES. Phrasing of draft of sec. 203 (b) (6)
and debates resulting in form finally enacted, and commas separating descriptions
of commodities exempted, indicated that each was a complete description and
that "(not including manufactured products thereof)" referred only to agricultural
commodities. Monark Egg Corp. Contr. Car. Applic., 15 (17).

Peanuts, customarily sold by farmers in the shell, enter the ordinary channels
of commerce when they reach the shelling plant, and thereafter are not unmanu-
factured agricultural commodities within exemption of sec. 203 (b) (6). Id. (19).
Poultry, farm-raised, is an agricultural commodity, but since packing com-
panies kill and dress it, and its subsequent transportation is under refrigeration,
poultry killed and picked but not drawn is not an unmanufactured agricultural
commodity within exemption of sec. 203 (b) (6). Id. (20).

Transportation of unprocessed agricultural commodities was exempt under
sec. 203 (b) (6) when return hauling of nonexempt traffic of other carriers was
performed under bona fide equipment leases. Newman Contr. Car. Applic., 190
(192).

ALTERNATIVE RATES. Proposed increased column A rates on contractors'
outfits and articles requiring specialized handling or rigging, minimum 15,000
pounds, from Florida points to Ala., La., Miss., the Carolinas, Tenn., and Va.,
over irregular routes, found unlawful when they would have no practical applica-
tion, lower alternative rates, minimum 24,000 pounds, also having been proposed.
Kennelly Transfer & Stor. Co., Fla. and Southern Points, 447 (449, 452).

In the following case, alternative rates were involved: Soap and Related Articles,
Over Lyman Truck Lines, 301 (302).

AMBIGUITY. See APPLICATIONS (Amendment); EVIDENCE (Record in Other
Proceedings).'

ANY-QUANTITY RATES. See CLASSIFICATION (PROPERTY (Light and Bulky
Articles)).

APPEARANCES. When joint board waived action on application referred to
it for recommendation and report by failure to appear at hearing, it was referred
to an examiner under sec. 205 (b). Alto Trucking Co., Inc., Ext.-New Jersey,
755 (756).

APPLICATIONS. See also SAVING CLAUSES; and specific subjects.

AMENDMENT: Amendment to application for certificate which restricted quan-
tum of service rather than commodities or territory and which used ambiguous
terms was found improper. Although allowed, it placed an unworkable restriction
on common-carrier operations. Any authority granted must be definite in
meaning and logical in scope. Dawson and Corbett Ext.-Northwest Terr.,
293 (294, 297).

Duluth, Minn., or Superior, Wis., and proposed changed minimum class-rate
restrictions between Mississippi River points in Illinois and points in north-
western Minnesota would be just and reasonable. Other minimum-rate restric-
tions between points in western and central States were not justified. Restrictions
in Rates, Western and Central States, 259.

Minimum-rate restrictions over two- and three-line routes, on higher bases
than over single-line routes, ordinarily should not be permitted in absence of a
showing that higher revenues are necessary over the multiple-line routes. Id.
(262).

Finding that minimum class-rate restrictions within w. t. 1. territory were
reasonable did not constitute unqualified approval of minimum class-rate restric-
tions, which are not consonant with requirement of sec. 216 that motor common
carriers maintain just and reasonable classifications. Id. (262).

Proposed minimum-rate restriction, which would increase all class rates to fifth-
class basis and remove application of commodity rates lower than that basis on
south-bound movements over lines of respondent and its connecting carriers from
w. t. 1., central, Illinois, and trunk-line territories, and the Southwest, to southern
territory and from and to points in latter territory, found unreasonable and un-
duly prejudicial when restriction would discriminate against south-bound traffic.
Restrictions in Rates over Gordons Transports, Inc., 273 (274, 279).

Proposed fifth-class rate stop as minimum basis on multiple-line hauls between
central and southern territories, found unjust and unreasonable when it would
accord a common classification to all lower-rated articles without regard to trans-
portation characteristics. Rate Restrictions, Hoover Motor Exp. Co., Inc., 443
(444, 446).

Minimum third- or fourth-class rate stops, resulting in increased rates on joint-
line traffic to Florida, designed to increase revenue of Florida carrier operating
between Jacksonville and Tampa, were not justified when the greater share of
increased revenue would accrue to connecting carriers whose need therefor was
not shown. Increased Joint Class Rates, St. Johns River Line, 599 (602).

Maximum class-rate stops prescribed in 44 M. C. C. 367 on t. 1. traffic over
single-line routes for the longer hauls within trunk-line and between central,
trunk-line, and New England territories, lower than proposed by association
carriers and the general stops in agency tariffs, were found unreasonable. Higher
t. 1. stops prescribed, subject to conditions, including the addition of differentials
on joint-line movements. Minimum Class Rate Restrictions, 686 (687).

While lawfulness of minimum class-rate stops is doubtful, minimum-rate restric-
tions are used to adapt rail class rates and classifications to motor-carrier opera-
tions, and when reasonable and nondiscriminatory may be considered as an
emergency measure to insure that operation shall return costs and provide some
profit. Increased Joint Class Rates, St. Johns River Line, 599 (602); Rate
Restrictions, Hoover Motor Exp. Co., Inc., 443 (446); Restrictions in Rates over
Gordons Transports, Inc., 273 (278); Restrictions in Rates, Western and Central
States, 259 (262).

REASONABLENESS: Proposed cancelation of 1. t. 1. and volume commodity
rates on bakery goods between certain points in Calif., Idaho, Mont., Nev., Oreg.,
and Utah, and application of higher class rates, found unjust and unreasonable
to extent they exceeded fourth-class rates, subject to general increases. Bakery
Goods, Intermountain-Pacific Coast Points, 740 (745).

COMBINATION RATES. See also JOINT RATES AND FARES; THROUGH
ROUTES (In General; Cancelation). Increased combination rates resulting from
proposed cancelation of joint commodity rates on rayon fiber, waste, and yarn
from Lewistown and Marcus Hook, Pa., and Parkersburg, W. Va., to New England,
and on returned empty containers, were not reasonable. Revocation of connecting