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While application of rail and motor ratings and rates on toilet preparations to past shipments of brushless shaving cream was found not unreasonable, reasonable future basis should not exceed soap basis applicable on other shaving preparations, since brushless cream did not differ materially in transportation characteristics from those preparations or toilet soaps with which it competed. Its weight density was greater and value less than those of other shaving creams and soaps, and both were less than averages for toilet soaps, whereas average density, minimum price, and range of values of cosmetic creams were greater than for entire group of shaving preparations, toilet soaps, and ordinary soaps. Barbasol Co. v. Aberdeen & R. R. Co., 367 (375, 378, 379).

When no shipments of nested plywood boat shapes exceeding 10,000 pounds were shown, and predominant c. 1. rating on articles with minimum weights as low as 10,000 to 12,000 pounds was second-class, that rating on 10,000-pound minimum was found not unreasonable on such boat shapes. Algoma Plywood & Veneer Co. v. Aberdeen & R. R. Co., 231 (238);

-But double first-class 1. c. 1. rating on unfinished shapes, nested, the same as on finished boats, one to a crate, manufactured from complainant's shapes, was unreasonable to extent it exceeded one and one-half times first class, since shapes were less valuable, had materially greater weight density, and were less susceptible to damage. Id. (232, 234, 238).

RELATION BETWEEN COMMODITIES: When brushless shaving cream competed with other shaving preparations and with toilet soaps, and chemical formulas of shaving soaps, brush- and brushless-type shaving creams, and cosmetic creams showed that brushless cream was more closely related to soap than to cosmetic creams, it should be classified, together with other shaving preparations, with soaps rather than with higher-rated toilet preparations. That it contained less soap than other shaving preparations did not justify depriving it of soap rates. Barbasol Co. v. Aberdeen & R. R. Co., 367 (374, 377).

CLASS RATES. See COMMODITY RATES.

COMBINATION RATES. See also RATE COMPARISONS (Joint With Combination); ROUTES (Rate Comparisons); SCHEDULES (Applicability); TRANSIT (Charges; Schedules). When in-bound rates on grain were the same to Kansas City and St. Joseph, Mo., shipments transited at St. Joseph and moved to destination via Kansas City over routes for which no proportionals were published from St. Joseph were entitled to flat rate to Kansas City and proportional beyond, under principle of 264 I. C. C. 5. Use of higher proportional from St. Joseph over other routes, even if applicable, would violate aggregate-of-intermediates clause. Hart-Bartlett-Sturtevant Grain Co. v. Atchison, T. & S. F. Ry. Co., 103 (105).

Although joint rates were prescribed for the future on grain and products from Buffalo, N. Y., transited at Bangor, Pa., and forwarded to Del-Mar-Va peninsula, reparation was denied when applicable combinations averaged about 26.3 percent of first class, basis 27.5 percent of first class had been prescribed as maximum on transit grain between points in official territory, and rates about 29 percent of first class from central to trunk-line territory had been found not unreasonable. Flory Milling Co., Inc., v. Baltimore & E. R. Co., 189 (192, 194). COMMODITIES. See also CLASSIFICATION (PROPERTY).

DESCRIPTION: Rates on contractors' or graders' outfits, n. o. i. b. n., were applicable as rate factors on shipment of three separate and distinct machines, each having different work functions, when all were second-hand implements used in construction work and comprehended within classification description of such outfits, and were not more specifically provided for in classification. Northwestern Engineering Co. v. Great Northern Ry. Co., 1 (3).

That fat had been separated from muscle tissue of meat did not destroy its fundamental character as an integral part of meat from a transportation standpoint, and did not remove it from tariff description "meats, fresh, n. o. i. b. n." Albert F. Goetze, Inc., v. Baltimore & O. R. Co., 84 (85).

Rates on hose clamps were applicable on shipments of war-surplus clamps although some were of different sizes and shapes than those generally used on automobile hoses, since all were of similar construction and many had been manufactured and sold as hose clamps and were admitted by complainants to be suitable for, and to have been purchased for sale for, such use. Supply Co. v. Akron, C. & Y. R. Co., 107 (110).

Myers Tire

War-surplus cellophane gas-protective covers were not entitled to rate on waterproof clothing when they had no commercial or practical value as such and their very nature precluded considering them within ordinary definition of clothing. Rating on cellophane products, n. o. i. b. n, applied under analogy rule. S. Shapiro & Sons, Inc., v. Union Pac. R. Co., 113 (115).

Breading compound manufactured by adding water to wheat flour, heat treating, and grinding to granular form, then adding powdered milk and egg and seasoning, and used primarily in frying food, found to be covered, in absence of specific description, by classification description of flour, edible, n. o. i. b. n., rather than higher-rated description of cracker meal, since the heat treatment did not bake the flour and it required further cooking. Classification Ratings, Breading Compounds, 125 (126, 130, 132).

Scrap-iron rates named on old rails for rerolling purposes were applicable on rails shipped for reconditioning by complainant's "cold process," as that process was one of rerolling as generally understood in relaying rail industry. Midwest Steel Corp. v. Aberdeen & R. R. Co., 137 (141).

Molded plywood boat shapes were not entitled to ratings on wooden boat hulls, since, lacking the minimum requirement of a transom or stern board to make them buoyant and watertight, they were only portions of hulls. In absence of specific tariff description, higher ratings on "blanks (unfinished shapes), noibn" under "Woodenware" applied. Subsequently established item naming lower ratings on "boat shapes, unfinished, molded plywood” adequately described complainant's shipments. Algoma Plywood & Veneer Co. v. Aberdeen & R. R. Co., 231 (234, 237).

Used fleece-lined leather trousers were not entitled to rate on cotton, woolen, or waterproof clothing because of their leather content and because they were not of type normally considered as waterproof, but were intended for protection against cold. Higher rate on clothing n. o. i. b. n. applied. Atchison Leather Products Co. v. Atchison, T. & S. F. Ry. Co., 328 (329, 330).

There was no contradiction between caption "Automobile Parts" and item thereunder naming rates on "Pumps, circulating or fuel, internal combustion engine. Pumps, power, noibn," since caption did not limit items to engine parts, and power pumps are used elsewhere on certain automobiles, for example as part of air-conditioning system. Norvell-Wilder Supply Co. v. Beaumont, S. L. &

W. Ry. Co., 547 (550).

Rate on "Oil, oleo * * oleo stock" found applicable on shipment billed as "Swifts Extra Oleo Stock" and used as lard substitute, rather than lower rate on "Oleo stearine, tallow, animal, edible." While oleo stock was within dictionary definition of tallow, and oleo oil and stearine were derivatives thereof, lower rate sought had been established on shippers' representation that stearine was a different commodity from oil or stock and required further processing for use as shortening; and no technical evidence was submitted to show that substance shipped could be properly described as stearine or edible tallow. United Biscuit Co. of America v. Denver & R. G. W. R. Co., 607 (608).

A commodity description must be applied strictly and includes only articles clearly embraced therein. When railroad ties were named in domestic lumber tariffs while export tariff named only particular types of lumber, latter described a specific commodity and could not properly be construed as embracing wooden ties. Fairhurst Lbr. Co. of Oregon v. Southern Pac. Co., 435 (436);

-And since ties were not generally or customarily known to the trade as dimension lumber and were separately named in lumber list, tariff description "fir ties" was more specific than description "fir lumber," covering products of saw- and planing-mill plants. Karlen-Davis Co. v. Southern Pac. Co., 431 (432).

Exceptions rating on "Pumps, circulating or fuel, internal combustion engine. Pumps, power, noibn" under heading "Automobile Parts" was not applicable to power pumps used to maintain steam, force liquids through pipes, or as integral parts of power drilling rigs. As latter could not be used as circulating or fuel pumps for internal combustion engines, which were the only power pumps indexed by name in classification, they were covered by classification description "Pumps, power, noibn," under "Machinery or Machines." Norvell-Wilder Supply Co. v. Beaumont, S. L. & W. Ry. Co., 547 (548, 550);

-Since "noibn" in the machinery item plainly included complainant's pumps, definition of noibn in exceptions tariff, which provided that articles described in that tariff were the same as those similarly described in classification, might, if literally interpreted by itself, seem to place complainant's pumps within the automobile parts item. But such construction would be unreasonable, as it would wholly disregard captions in specific rate items. That definition was of general nature, applied to the tariff as a whole, and should not be interpreted to modify plain wording of specific items. Id. (550).

COMMODITY RATES. See also DIrection.

JUSTIFICATION: Although complainant producing sand and gravel at Riverton, Ind., did not have commodity rates to some destinations, that was true of all producing points, and it was not entitled to additional commodity rates when its class rates were reasonably related to those of its competitors. Merom Gravel Co. v. Illinois Central R. Co., 217 (228).

RELATION TO CLASS RATES: Rate sought on bags and bagging from Des Moines to Minneapolis on same percentage of first class as from St. Louis would be too low when it was about 29 percent of fourth class, whereas rates from points in same general territory ranged from 41 to 45 percent. However, reparation was awarded to basis of the St. Louis rate, which was about 41 percent of fourthclass rate from Des Moines and had since been established from that point. Sam Miller Bag Co. v. Chicago & N. W. Ry. Co., 149 (151).

Though assailed rates on pig iron from Minnequa, Colo., were relatively higher, measured by relation to first class, than rates from Ironton, Utah, even considering difference in first-class levels, lawfulness of those rates did not require equality in their relation to lawful first-class rates. Colorado Fuel & Iron Corp. v. Ahnapee & W. Ry. Co., 239 (241).

COMMON CARRIERS. See LIABILITY OF CARRIERS; PIPE LINES.
COMPENSATION. See CAR-RENTAL CHARGES.

COMPETITION. See also AGGREGATE OF INTERMEDIATES; CAR FERRIES; DIFFERENTIALS; DIRECTION; GROUPS AND GROUP RATES (Disruption; Localities); INCREASED RATES; INTRASTATE COMMERCE (Discrimination or Prejudice); PREFERence and Prejudice; TransIT (Preference and Prejudice). POTENTIAL: Fourth-section relief was not justified by alleged potential motor competition not established by evidence. Pulpboard from Florida to Atlanta and Army Depot, Ga., 335 (337).

PRODUCING POINTS: Considering geographical advantage of producer with plants in West Virginia and Michigan in selling dead-burned magnesite to steel industries in the East, Chewelah, Wash., base price plus freight rates for hauls from west coast plants afforded it substantial margin of protection in adjusting its price to meet competition of west coast producers, notwithstanding greater increase in its rates under general increase authority. Magnesite, General Increases, 253 (266).

REASONABLENESS OF RATES: Rates on sand and gravel from Riverton, Ind., to Illinois area within 120-mile radius, in which complainant would normally do most of its business, were on a reasonable competitive basis when they were on same scale as rates for like radius from competing origins, complainant continued to sell its products in that area, and, considering distances alone, rates from Riverton to some points favored complainant and to other points favored its competitors. Merom Gravel Co. v. Illinois Central R. Co., 217 (226).

WATER: There was actual and compelling water competition on pulpboard from Panama City, Fla., and Georgetown, S. C., to New York and New Jersey within sec. 4 when cost of trucking to docks, plus marine insurance, was 8.1 cents per ton less than cost of loading in rail cars; as truck rates from northern ports had not been subjected to 1948 general increases, all-rail rates now exceeded combined water-truck charge by more than 6-cent differential authorized under outstanding relief; and short line serving Panama City depended largely on that traffic for its continued existence. Pulpboard from Southern Ports to Eastern Ports, 97 (99, 100, 101);

-And there was actual water-competitive status at Port St. Joe, Fla., when water carrier was ready to move the traffic whenever its minimum tonnage for a call at that port was offered. Id. (100, 101);

-Similarly continuance of relief from Georgetown, S. C., and Panama City to North Somerville in Boston switching district was warranted when suspended coastwise service from those ports to Boston had been or would soon be restored. Pulpboard from Southern Ports to Eastern Ports, 786 (788);

—Likewise, there was actual water competition on muriatic acid from Weeks, La., to Chicago within sec. 4 when marketing at existing rail rates was unprofitable and, although all facilities for movement by shipper's barge and contract tower were not yet available, their installation was feasible and imminent. Muriatic Acid from Weeks, La., to Illinois, 589 (591, 596).

COMPLAINTS. See also INTEREST; LACHES; LIMITATION OF ACTIONS; PARTIES; PRACTITIONERS.

AMENDMENT: When complaint originally alleged inapplicability of charges only, subsequent amendment alleging violations of secs. 1, 2, 3, and 4 could be considered only as relating to shipments during statutory period immediately prior to filing of that amendment. Midland Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (282).

INFORMAL: Entry of reparation order against certain defendants in general complaint proceeding was not barred because none of them had been notified by Commission that informal complaints involving transportation over their lines had been filed, except one which received a copy thereof 7 years after filing. Filing of the informal complaint with Commission and service of the subsequent formal complaint on those defendants satisfied requirements of the act. Midland Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (284).

Informal complaint seeking damages and stating that it was filed to stay the statute, which identified articles shipped, showed generally points of origin and destination and rates complainant deemed reasonable and nondiscriminatory, 274 I. C. C.

and set forth sections of act alleged to be violated, was sufficient to stay the statute, as it contained essential elements specified in Rules of Practice and sufficiently informed defendants of nature of claim. Harrison Construction Co. v. Baltimore & O. R. Co., 317 (320).

Informal complaint filed expressly to toll the statute on shipments moving subsequent to filing of first formal complaint by same parties was closed because latter proceeding embraced shipments pendente lite, and an issue will not be considered both formally and informally at same time. However, on advice that certain defendants named in the informal complaint had been omitted or withdrawn from the formal complaint, Commission reopened the former as to all actions not covered by the latter and held the matter in abeyance pending final disposition of the latter. Issues on second formal complaint therefore embraced only defendants and matters not embraced by the first. Midland Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (283);

-This method of handling informal complaints accorded with usual practice where their adjustment is likely to result from adjudication or related formal proceeding, as many informal complaints are susceptible of adjustment directly by the parties following a decision in a formal complaint involving similar principles. Such procedure is appropriate provided the negotiations are conducted with reasonable diligence. Id. (301, 302).

SUFFICIENCY: Notwithstanding general nature of complaints alleging inapplicability of rates charged on grain, they sufficed to toll the statute when they named complainants seeking reparation and defendants against which claims were made, and generally described origin territory, transit points, and destination territory of shipments, the reparation period, and the numbers of transit tariffs relied on. Defendants were fully advised as to complainants' claims. Midland Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (284).

Rule 25 (b) of Rules of Practice provides that complaint shall contain such data as will identify with reasonable definiteness shipments on which reparation is sought, but what constitutes reasonable definiteness must be left to judgment of Commission. No hard and fast rule can be established, and each controversy must be decided on the facts. Harrison Construction Co. v. Baltimore & O. R. Co., 317 (320).

CONFLICTING RATES. See SCHEDULES (Rules).

CONNECTING LINES. "And connections," following partial description of a route in tariff providing that rates will apply over all routes of carriers parties thereto unless otherwise specifically restricted, can be construed only to mean any connecting participants. Route described by naming certain carriers “and connections" was incomplete and not "specifically provided" elsewhere, within that exception. Solvay Sales Corp. v. Illinois Central R. Co., 19 (26). CONSIGNEE. See also VESSELS. Demurrage rule relieving consignee from penalty charges for detention caused by a strike of its employees did not apply to shipments forwarded in care of steamship line at port and detained because of a seamen's strike, since party in whose care shipment is consigned cannot be considered consignee for purpose of that rule in absence of written notice to carrier as provided therein. Union Oil Co. of California v. Pennsylvania R. Co., 303 (304). CONSTITUTIONAL LAW. DUE PROCESS OF LAW: Whether to require oil company transporting its own products from its refinery to its storage terminals through its own pipe line to comply with tariff and reporting requirements of the act would convert its property to public use without its consent, in contravention of due process clause of fifth amendment to the Constitution, was an issue peculiarly within province of the courts. Champlin Refining Co. Accounts and Reports, 409 (414, 415).

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