Failure of proposed schedules to provide sufficiently flexible routing for pro-
portional rates on grain from western gateways to central territory destination s
to or through central territory transit points unduly restricted markets available
to transit operators at those points in competition with operators at the gateways.
There was no requirement at the gateways that raw materials in-bound and
products out-bound move over same railroads, as was often the case at interior
points, and operators at gateways could select any available carrier for in-bound
movement, regardless of track location of their plants, and had choice of many
routes to important central territory markets for out-bound products. Routing
Grain, Central Terr., 704 (732, 739, 750).

MAXIMUM RATES. See also DISTANCE (Rate Comparisons); INCREASED
RATES; ROUTES (Circuitous).

COMMODITIES: Maximum reasonable rates prescribed: Aplite rock: 73 (83);
Brushless shaving cream: 367 (379); Clay drain tile: 350 (356); Juvenile books and
juvenile activity articles: 584 (588); Prefabricated wooden houses: 789 (795).
MINIMUM CHARGES. See TRANSIT (Schedules).

MINIMUM WEIGHTS: See also CAR SERVICE; CLASSIFICATION (PROPERTY
(Reasonableness)); FOLLOW-LOT SHIPMENTS.

COMMODITIES: Minimum weights prescribed: Clay drain tile; 350 (356); Molded
plywood boat shapes, nested: 231 (238); Prefabricated wooden houses: 789 (796).
MISROUTING. See AGENTS; ERROR.

MOTOR CARRIERS. RATES: Although prescription of reduced motor ratings
and rates on brushless shaving cream did not warrant finding charges on past
shipments no higher than on toilet preparations unreasonable, charges on ship-
ments in central territory on full classification basis from date of amendment of
national classification specifically to include brushless cream in toilet preparations
list to dates of corresponding amendment of central territory exceptions pro-
viding lower basis on toilet preparations, n. o. i. b. n, were unreasonable.
basol Co. v. Aberdeen & R. R. Co., 367 (372, 379).
MULTIPLE-CAR SHIPMENTS. See FOLLOW-LOT SHIPMENTS.

See WATER AND RAIL.

Bar-

NATIONAL TRANSPORTATION POLICY.
NESTED ARTICLES. See DENSITY.
NOTICE. See also COMPLAINTS (Informal); CONSIGNEE; DELIVERY (Tender of).
ARRIVAL OF FREIGHT: When terminal carrier's demurrage tariff required it,
in absence of written agreement to the contrary, to give notice that cars were on
its rails before time computation began, but it sent no notice as to any car of
export shipments and no waiver by consignees was intimated, demurrage charges
claimed by it were inapplicable. Nor did sending of arrival notices by line-haul
carriers redeem its failure, since their tariffs did not apply to cars on its line, or
vice versa. Ernest v. Alabama, T. & N. R. Corp., 614 (619).
ORDERS. See also COMPLAINTS (Informal); INTRASTATE COMMERCE (Rates).
SERVICE ORDERS: No. 559: Union Oil Co. of California v. Pennsylvania R. Co.,
303 (304).

OUT-OF-LINE HAULS. See TRANSIT (Schedules).

OVERCHARGES. See also DAMAGES (Insolvent Carriers); TRANSIT (Sched-
ules).

CLAIMS: Burden of proving that a claim or complaint has been filed within the
statutory period is on complainant, and as sec. 16 (3) requires claims to be sub-
mitted in writing, where there is a controversy as to whether a claim was filed it is
incumbent on complainant to show details as to method of filing, name of person
mailing claim or making delivery, any acknowledgemnt by carrier, and all other
pertinent facts to enable determination of whether claim was filed. Plastic &
Die Cast Products Corp. v. Pacific Elec. Ry. Co., 500 (502);

-And that burden was not sustained by affidavit reciting that "a new claim
was filed," as that was a statement of only an ultimate and not a probative fact,
and carriers' affidavit denied receipt of claim. Id. (502).

PAPER RATES. When a reasonable radius within which producers of sand,
gravel, or crushed stone might expect to ship the bulk of their traffic was about
120 miles, rail carrier should not be expected to maintain paper rates for relatively
long hauls to points to which no shipments were likely to be made if rates from
nearer plants were properly related, and which would merely tend to lower the
general rate structure. Merom Gravel Co. v. Illinois Central R. Co., 217 (225).

PARTIES.

See also COMPLAINTS (Informal); MARITIME COMMISSION; PREFER-
ENCE AND PREJUDICE (Carrier's Power to Control).

DEFENDANTS: No reparation orders could be entered against carriers not named
as defendants in informal complaints, or against receivers or successors in interest
of defendants named therein, when they were first named defendants in formal
complaints filed after expiration of the statutory period. Midland Flour Milling
Co. v. Atchison, T. & S. F. Ry. Co., 281 (283).

PASSENGERS. FARES AND CHARGES: Proposed increase in charges for single
occupancy of compartments to one and one-half adult fares, and of drawing rooms
to two adult fares, for transportation in trains operated between stations on two
northern and four southern lines via Washington, D. C., was not shown to be
justified by demand for increased sleeping-car space, particularly during peak
season of Florida travel. Should increased fares discourage single occupancy,
the public would benefit only if the additional space would be purchased for more
than one person, which was not assured. Drawing Room and Compartment
Charges, East and South, 539 (541);

-Although one purpose of proposed increase to basis maintained by certain
southeastern lines was to simplify computations required of ticket agents and
conductors, publication of a computed through fare did not appear impracticable,
and increased fares are not justified merely by difficulty of computing or publishing
lower through fares. Id. (541).

PERCENTAGE RATES. See COMBINATION RATES; COMMODITY RATES (Rela-
tion to Class Rates); PORTS.

PER DIEM RENTAL. See CAR-RENTAL CHARGES; DISCRIMINATION.
PERISHABLES. See also PROTECTIVE SERVICES (Heating). Protection of
perishable commodities from damage by cold is indispensable to their distribution
and marketing in cold weather. The public, particularly in dense urban centers,
is dependent on a constant supply of fresh and canned fruits and vegetables,
beverages, cheese, eggs, and many other commodities unable to bear frost or
freezing. Without protection against cold in transit, certain fruits and vege-
tables cannot be marketed and therefore cannot be produced during a portion
of the year, to detriment of growers and consumers; and in other instances storage
would be a burden and expense to shippers and producers. Charges for Protective
Service to Perishable Freight, 751 (757);

-Practically all such commodities will be damaged if subjected for any con-
siderable period to temperatures within a few degrees under 32°, and some require
considerably higher minimum temperature. While refrigerator cars afford pro-
tection for varying periods at temperatures slightly under 32°, additional pro-
tection is necessary at an outside temperature of 20°. Therefore, when daily
temperature readings showed that freezing temperatures could be expected in
eastern territory on 86.1 per cent of the days in December, January, and February,
and more severe temperatures of 20° and lower on 44.1 per cent, no further proof
was needed to show that perishable freight must be protected from cold in order
to move freely in that territory in those months. Id. (762).

PIPE LINES. See also CONSTITUTIONAL LAW.

IN GENERAL: Though respondent was a statutory common carrier by pipe
line, it had never transported oil belonging to others; its line had no physical
connection with any other pipe line or facility that would permit use by others,
and in view of ample common-carrier pipe-line facilities in the territory it was
unlikely that any other pipe line or refinery would desire such connection. Re-
quirement that it file tariffs and annual and other reports would therefore be no
hardship and would not deprive it of free use of its property, without interference
from competitors. Champlin Refining Co. Accounts and Reports, 409 (415).

CARRIER STATUS: Holding in 234 U. S. 548 that oil company which merely
drew oil from its own wells across a State line to its own refinery for its own use
was not a common-carrier pipe line was not controlling on status of respondent
which used its pipe lines to transport refined products from its refinery to inter-
state points for sale. Nor was there reason to believe that holding in 329 U. S.
29 that respondent was a carrier subject to the act, at a time when its prices were
based on spot price at refinery plus a transportation differential, would have
differed had same pricing results been reached by another method. Champlin
Refining Co. Accounts and Reports, 409 (412, 413);

-Though respondent was not a common carrier for hire at common law, under
sec. 1 (1) (b) and (3) (a) the provisions of part I are specifically made applicable
to all pipe-line companies transporting oil from one State to another; and Supreme
Court's holding that respondent's operation was transportation subject to the
act was conclusive when controlling facts, including ultimate result of its pricing
method, had not changed. Id. (414, 415).

PORTS. See also SWITCHING (Charges).

PREFERENCE AND PREJUDICE: Rate on imported bananas from Brownsville,
Tex., to St. Louis, higher than rates from New Orleans and other Gulf ports west
thereof, was not unduly prejudicial when it was a lower percentage of first class
than rates from the compared ports. Banana Supply Co. v. Beaumont, S. L. &
W. Ry. Co., 53 (60).

POWER OF ATTORNEY. See PRACTITIONERS.

PRACTICES. See EVIDENCE (Relevance); LIVESTOCK (Delivery); LOADING.
PRACTITIONERS. Practitioner's authority to file complaint alleging un-
reasonableness was presumed adequate, in view of affidavit of complainant's
treasurer that complainant had given the practitioner full power of attorney to
file, prosecute, and verify a formal or informal complaint respecting considered
shipments; he had signed the complaint in compliance with rule 17 of Rules of
Practice; and defendants failed to rebut presumption raised by his appearance at
hearing that he was duly authorized to act. Standard Cap & Seal Corp. v.
Delaware, L. & W. R. Co., 357 (359).

Under rule of Federal courts, appearance on behalf of complainants of practi-
tioner who signed both informal and formal complaints in conformity with rule
17 of Rules of Practice raised presumption that he had authority to file them, and
cast burden of proving the contrary on those asserting it. Moore Business Forms,
Inc., v. New York Central R. Co., 404 (405).

PREFERENCE AND PREJUDICE. See also DIFFERENTIALS (Group Rates);
INTRASTATE COMMERCE (Discrimination or Prejudice); LIVESTOCK (Delivery);
SIMILAR CIRCUMSTANCES AND CONDITIONS; SPOTTING (Allowances); TRANSIT;
USE.

CARRIER'S POWER TO CONTROL: Rate on pyrite cinders from Denver to Supe-
rior, Nebr., relatively higher than from Denver to Kansas gas belt could not be
found unduly prejudicial when a carrier not named as defendant provided single-

line service from Denver to the preferred points and as defendant therefore could
not control rates to those points its withdrawal from joint rate thereto would not
satisfy the complaint. Ideal Cement Co. v. Chicago, B. & Q. R. Co., 331 (334).
Since legal test of undue prejudice is effective participation of a given railroad
in both preferring and prejudicing rates, and defendant did not serve or publish
switching charges at any of compared gateways or ports except Houston, only
the charges at Houston were relevant to issue of undue prejudice in switching
charges at Brownsville, Tex. Brownsville Nav. District v. St. Louis, B. & M.
Ry. Co., 5 (16);

-And consideration of charges at the other points was not warranted by fact
that carriers participating in switching at such points were, like defendant, part
of Missouri Pacific system, when they were not named as defendants and no order
could be entered against them. Id. (17).

COMPETITION: Higher rates on coal from Kentucky, Virginia, and West
Virginia mines to complainant's coalyard in Seat Pleasant, Md., a few hundred
feet beyond District of Columbia line, than to other points in Washington metro-
politan area, found unduly prejudicial when complainant marketed its coal
almost entirely in that area and had to shrink its profits to extent of the rate
difference as a direct result of the advantage enjoyed by its competitors in the
lower Washington rates. F. L. Watkins Co., Inc., v. Baltimore & O. R. Co., 275
(276, 278).

Receivers of coal at St. Louis were not unduly prejudiced by rates from Illinois
mines higher than intrastate rates to East St. Louis when no substantial competi-
tion was shown between coal-using industries on east and west sides of the river,
and none between east-side and west-side coal dealers. East-side industries were
mostly heavy industries fueled in part by natural gas or electricity, or receiving
large quantities of their coal by truck, whereas west-side industries were generally
lighter industries, often using products of the east-side industries in their manu-
factures or sales, and of the few that competed some were not fueled by coal.
Coal from Illinois to Alton and East St. Louis, 637 (665),

DAMAGES: It is fundamentally incumbent to establish actual or potential
injury as result of prejudicial rates or charges. General assertion that terminals
at Brownsville, Tex., were partially closed to traffic by lower switching charges
at compared points did not sustain that burden when record showed that popula-
tion of Brownsville had increased 13,000 in past 8 years, bank deposits had
increased sixfold, and power consumption and industrial construction indicated
a continuing and substantial industrial development. Brownsville Nav. District
v. St. Louis, B. & M. Ry. Co., 5 (17).

EQUALITY OF TREATMENT: "Shortened procedure plan" for establishment
of temporary truck- or water-competitive reductions on sand and gravel in and
to Illinois did not operate to complainant's prejudice when no instances of unequal
reduction were shown; carriers had declined requests of other shippers as well as
complainant when they felt reduced rates were noncompensatory or not required
by competition; the plan, which was generally confined to single-line movements,
contemplated notice to all parties and a hearing before publication of reductions;
and it had been flexible enough to meet changing conditions without objection
save from complainant. Complainant had benefited from it as much as other
producers. Merom Gravel Co. v. Illinois Central R. Co., 217 (227, 228).
PRESUMPTIONS. See DEMURRAGE (Average Agreement); PRACTITIONERS.
PRICES. See COMPETITION (Producing Points); PIPE LINES (Carrier Status);
TRANSPORTATION.

PROCEDURE. An issue will not be considered both formally and informally at same time. Midland Flour Milling Co. v. Atchison, T. & S. F. Ry. Co., 281 (283). PROFIT. IN GENERAL: Commission has no power to mitigate loss to shipper from investment in a speculative venture except where rate charged is so high as to be unreasonable for service performed. S. Shapiro & Sons, Inc., v. Union Pac. R. Co., 113 (116).

PROPORTIONAL RATES. See also COMBINATION RATES; EXPORT RATES (In General); TRANSIT (Schedules). Application of full 20-percent general increase authorized on sulphur to rate from Texas mines to Galveston, without regard to resulting relation of rail-barge rates to northern destinations to all-rail rates, found just and reasonable. While the rate to Galveston was a proportional for export and coastwise movement, it could not be considered strictly a proportional for common-carrier barge movement to Great Lakes ports since there was no arrangement for continuous carriage beyond Galveston. Moreover, proportion of movement by common-carrier barges was not shown. Increased Railway Rates, Fares, and Charges, 1946, 168 (169, 172).

Jurisdiction to prescribe proportional rates under sec. 6 (11) is limited to transportation by rail and water common carriers. Id. (172).

Whether movement of coal by rail from Illinois mines to Alton, Ill., and thence by barge to interstate destinations was under an arrangement for continuous carriage within sec. 1 (1) (a) need not be decided before prescribing lawful rail rates to Alton, as sec. 6 (11) gives ample jurisdiction to prescribe proportional rates to ports. Coal from Illinois to Alton and East St. Louis, 637 (671).

Ordinarily, proportional rates or rates in nature of proportionals, such as rail rates on coal from Illinois mines to Alton, Ill., for barge movement beyond, should be somewhat lower than local rates. Id. (671).

PROTECTIVE SERVICES. See also LIABILITY OF CARRIERS.

CHARGES: While establishment of "carriers' protective service" against cold in eastern territory might entail added cost through loss and damage claim payments, an amount sufficient to compensate carriers therefor could be included in the charge for the service. Charges for Protective Service to Perishable Freight, 751 (762).

As carriers had proposed no charges for "carriers' protective service" against cold in eastern territory, nor offered any data as basis therefor, it was necessary for Commission to initiate reasonable charges, without prejudice to petition for revision thereof after a season's trial. Id. (768, 770);

—Using the six groups into which carriers had divided eastern territory in establishing service on potatoes from the West, reasonable charges within that territory would be $11.25, reflecting same basis as prescribed for compulsory service in the West, for the initial group, and for the sixth group because of narrower width of the eastern groups the western fourth-group charge of $28.44, with intermediate group charges reflecting progression of $4.52 each for the second and third groups, $2.72 for the fourth and fifth, and $2.71 for the sixth, no group to be counted more than once on one shipment. Id. (769);

-Between the East and western "heater" territory, west-bound charges should be $11.25 for the initial eastern group, plus the appropriate progressional charge for each succeeding group in that territory, plus $3.9675, reflecting progression of prescribed western basis, for each group traversed in heater territory. Eastbound charges should be the applicable charge from origin to eastern boundary of heater territory, plus $2.72 for each eastern group traversed. Id. (770).