Port Austin Division; worn-out coal cars, etc., for hay, 179.
Prague, Okla., to Warwick, Okla., cotton seed, 473.
Richmond, Va.; transfer slips, 212.
Rock Springs and Hanna, Wyo., to Nebraska; coal rates, 349.
Romona, Ind.; stone, C. L., 115.
Romona, Ind., to all points; carload weights, 569.
St. Louis to Little Rock; grain and products, 11.
St. Louis to Little Rock; grain and products, 105.
St. Paul, Nebr., to Denver; milk and cream, 131.
St. Petersburg, Fla., to Atlanta; oranges, 529.
Salina, Kans., to Little Rock; bran, C. L., 566.
Seattle from Missouri River, St. Paul and intermediate; rate on live hogs, 501.
Southern Pacific Company points; rebates, discounts, etc., 123.
Springfield, Ill.; coal, C. L., overcharge, 154.
Texas cattle ranges to market; advanced cattle rates, 418.
Tobico, Mich.; car distribution for ice, 160.
Washington, D. C., to Glendale, Md.; stable manure, C. L., 526.
Washington County, Me.; milling corn in transit, 246.
Waukesha, Wis., to Minnesota, Iowa, and South Dakota; mineral water,
mixed C. L. with beer, 28.
Wautoma, Wis., to Springfield, Mo.; potatoes, 167.
Western Classification Territory; multigraphs, classification, 295.
Wichita, Kans., compared with Kansas City; cotton piece goods, 388.
Wood River, Nebr.; car distribution, 531.
Complainants, situated in the eastern portion of Washington County, Me.,
allege that by reason of their location they can not take advantage of the mill-
ing-in-transit privilege on corn, although their competitors at Bangor and Lewis-
ton, Me., can do so, and therefore allowance of the transit privilege at Bangor
and Lewiston constitutes undue discrimination against complainants; Held,
That the disadvantage under which complainants labor is primarily due to their
unfavorable location, and that it is not the province of the Commission to over-
come disadvantages of this nature by adjustment of transportation charges.
Quimby et al. v. Maine Central R. R. Co. et al. 246.
Advantages of location, such as proximity to a navigable stream or strong
competition between carriers, naturally result in lower rates to a town so situ-
ated, and it is not the province of the Commission to disturb the resulting rate
relations unless the discrepancy is so great as to effect an unjust discrimination
against the noncompetitive point. But the mere fact that a given town has
been recognized as a trade center, and is enabled by its more favorable rate
adjustment to distribute in a certain territory, can not justify the continuance
of relative rates which result in undue preference. Payne-Gardner Co. v. L. &
N. R. R. Co. 638.
Commission held that western cities be given the advantage of their prox-
imity to Gulf ports, but not that railroads west of the river be placed on a rate
basis no higher than any more thickly populated section. Topeka Banana
Dealers' Assn, et al. v. St. L. & S. F. R. R. Co. et al. 620.
Geographical conditions narrow complainant's outlet. Cardiff Coal Co. v.
C., M. & St. P. Ry. Co. et al. 460.
Points nearer origin naturally have some advantage. Phillips-Trawick-James
Co. v. So. Pac. Co. et al. 644.
Topographical and railway lines as affecting rate differences. Rhinelander
Paper Co. v. Nor. Pac. Ry. Co. et al. 633.
If the influence of competition between points of production, in commodities,
between carriers, and in rates prevailing at the farther distant point, but not
at the nearer one, controls the establishment of a lower rate to the former, it
will constitute such dissimilarity of circumstances as will justify the lower rate
for the longer haul. Bovaird Supply Co. v. A., T. & S. F. Ry. Co. et al. 56.
Complaint attacks the reasonableness of rates on canned goods and dried fruit
from Pacific coast terminals to Nashville as compared with other points in Ten-
nessee, Ohio, and Kentucky, and alleges violation of the fourth section of the
act; Held, That the rates complained of are not unreasonable per se and that
they do not unjustly discriminate against Nashville and in favor of the other
points named. Phillips-Trawick-James Co. v. So. Pac. Co. et al. 644.
The record discloses that the traffic involved in the complaint is hauled through
Nashville to farther distant points at lower rates than are charged at Nashville
by only one defendant, and by that defendant to only four of the points men-
tioned in the complaint. The controlling conditions of competition at each of those
four points are found to be such as to relieve defendant from the charge of
violating the long and short haul section of the act. Id.
Johnston & Larimer Dry Goods Co. et al. v. A., T. & S. F. Ry. Co. et al. 388.
Lincoln Commercial Club v. C., R. I. & P. Ry. Co. et al. 319.
Minneapolis Threshing Machine Co. v. C., R. I. & P. Ry. Co. 128.
Railroad Commission of Kentucky v. L. & N. R. R. Co. et al. 300.
Randolph Lumber Co. v. S. A. L. Ry. et al. 601.
Pecos Mercantile Co. v. A., T. & S. F. Ry. Co. et al. 173.
If a rate is conditioned upon the shipper's assuming the risk of loss due to
causes beyond the carrier's control, the condition is valid. In re Released
Rates, 550.
Tonnage losses to complainant by cancellation of through routes. Cardiff
Coal Co. v. C., M. & St. P. Ry. Co. et al. 460.
The rate of 12 cents per 100 pounds now in effect on hardwood lumber from
Memphis to New Orleans is unreasonable and should not exceed 10 cents per
100 pounds. Thompson Lumber Co. et al. v. I. C. R. R. Co. et al. 657.
Rates upon soft-wood lumber from Pacific coast producing points may prop-
erly be lower to eastern destinations than rates upon hardwood lumber from
such eastern destinations to Pacific coast points. Burgess et al. v. Transconti-
nental Freight Bureau et al. 668.
A rate of 85 cents from Chicago and Chicago points to Pacific coast points
upon hardwood lumber is excessive; that rate should not exceed 75 cents. Id.
Combination rates on Richmond. Butters Lumber Co. v. A. C. L. R. R. Co.
et al. 521.
Differential against Lincoln compared with Omaha. Lincoln Commercial
Club v. C., R. I. & P. Ry. Co. et al. 319.
Rates on Petersburg and Richmond to Columbus. Randolph Lumber Co. v.
S. A. L. Ry. et al. 601.
Walnut at Oklahoma City. Miller Walnut Co. v. A., T. & S. F. Ry. Co. et al. 43.
LUMP COAL.
Rates on. Nebraska State Railway Commission v. U. P. R. R. Co. 349.
MANUFACTURERS' RATE.
After negotiations rates adjusted and complainant changed patterns. New
Albany Furniture Co. v. M. J. & K. C. R. R. Co. et al. 594.
Carrier may offer inducements to industries to locate. It may not offer
unlawful or discriminatory privileges. Memphis Freight Bureau v. Ft. S. &
W. R. R. Co. et al. 1.
It must not be inferred that railways have no right to foster enterprises upon
their own systems. Reliance Textile & Dye Works v. So. Ry. Co. et al. 48.
Merchant's Freight Bureau of Little Rock v. Mid. Val. R. R. Co. et al. 243.
Traer v. C. & A. R. R. Co. et al. 451.
Rates on. White Water Farms Co. v. P., B. & W. R. R. Co. 526.
Wyman, Partridge & Co. v. B. & M. R. R. et al. 258.
MARKET COMPETITION.
The fact that there is competition for the purchase of this coal between Ne-
braska communities and communities in Wyoming and Utah affords no
justification to the carrier for charging more than a reasonable rate for the
transportation of such coal as the Nebraska people may succeed in buying. No
justification exists for the maintenance of a blanket rate on coal to all points
on defendant's lines in Nebraska. Nebraska State Railway Commission v. U. P.
R. R. Co. 349.
Eastern and western rope in Missouri River territory. Bovaird Supply Co.
v. A., T. & S. F. Ry. Co. et al. 56.
Masurite Explosive Co. v. P. & L. E. R. R. Co. et al. 405.
It is not incumbent upon a road to measure the rates to all points on its line
from and to which it handles the bulk of the traffic by lower rates fixed by
competitors operating over a more direct route to some other point also on its
line but to which it handles am unappreciable volume of traffic. So to hold
would be totally to disregard the effect of competitive conditions which the
Supreme Court has held in numerous cases as justifying the application of
lower rates to farther distant points over the same line in the same direction.
The long and short haul section of the act, as construed by the courts, prohibits
the charging of a higher rate to a less distant point only where the carrier
responsible for both rates occupies a like relation to the more distant point to
which the lower rate applies. Railroad Commission of Kentucky v. L. & N.
R. R. Co. et al. 300.
Bulk of traffic not measured by more direct route of competitors with inap-
preciable volume. Id.
Old rate paid when complainant was receiving rebates unlawful and no
measure. Frye & Bruhn et al. v. Nor. Pac. Ry. Co. et al. 501.
Erroneous application of unlawful rate no evidence higher rate unreasonable.
Bovaird Supply Co. v. A., T. & S. F. Ry. Co. et al. 56.
Intense competition does not mark the limit, Pittsburg Plate Glass Co. v.
P., C., C. & St. L. Ry. Co. et al. 87.
Pacific coast supply. Frye & Bruhn et al. v. N. Pac. Ry. Co. et al. 501.
MILEAGE RATE.
Distance basis observed except where competition forces adjustment. Payne-
Gardner Co. v. L. & N. R. R. Co. 638.
Merchants' Traffic Assn. v. Pacific Express Co. 131.
Bangor and Lewiston, Maine, on corn. Quimby et al. v. Maine Cent. R. R.
Co. et al. 246.
Salina, Kans., to Little Rock-Bran-No combination on Kansas City. Mar-
shall Michel Grain Co. v. Mo. Pac. Ry. Co. 566.
Kingfisher Mill & Elevator Co. v. C., R. I. & P. Ry. Co. et al. 214.
Effect of contract. Traer v. I. C. R. R. Co. et al. 451.
Mine capacity may be greater than allotment of cars. Powhatan Coal &
Coke Co. v. N. & W. Ry. Co. et al. 69.
Royal Coal & Coke Co. v. Southern Ry. Co. 440.
Mixed carload with beer. Milwaukee-Waukesha Brewing Co. v. C., M. &
St. P. Ry. Co. et al. 28.
Masurite classified as 1 times first class in less than carloads and second
class in carloads, minimum 20,000 pounds. Masurite Explosive Co. v. P. & L.
E. R. R. Co. et al. 405.
The fixing of the minimum weight at 20,000 pounds on shipments of bananas
from New Orleans and Mobile to points west of the Mississippi River, while
assessing a minimum weight of 18,000 pounds to Chicago and points east of the
river, does not result in undue discrimination, as it appears that such difference
in minima is made to meet competition through Baltimore and that cars of
bananas from New Orleans and Mobile are usually loaded from 2,000 to 4,000
pounds in excess of the 20,000-pound minimum. Topeka Banana Dealers' Asso.
et al. v. St. L. & S. F. R. R. Co. et al. 620.
Billing as unreasonable as marked capacity. Romona Oolitic Stone Co. v.
Vandalia R. R. Co. 115.
Brick, 40,000 pounds. Hydraulic Press Brick Co. v. St. L. & S. F. R. R. Co.
et al. 342.
Carloads coke, 40,000 pounds. Amarillo Gas Co. v. A., T. & S. F. Ry. Co.
et al. 240.
Carriers permitted, sometimes required, to establish different weights for
numerous commodities. Georgia Rough & Cut Stone Co. v. Georgia R. R. Co.
et al. 401.
Southern Classification provides minimum shall be for 100 pounds at the
class or commodity rate, but not higher than first class. Reynolds v. Southern
Express Co. 536.
Initial carrier at fault and should make good overcharge. Hollis Stedman &
Sons v. C. & N. W. Ry. Co. et al. 167.
Upon the circumstances disclosed by the record, Held, That defendants' re-
fusal to apply their carload rates to shipments of mineral water when trans-
ported with beer and beer products in mixed carloads is not unlawful. Paper
Mills Co. v. Penn. R. R. Co. et al., 12 I. C. C. Rep., 438, cited and approved.
Milwaukee-Waukesha Brewing Co. v. C., M. & St. P. Ry. Co. et al. 28.
Furniture, etc., New Albany Furniture Co. v. M. J. & K. C. R. R. Co. et
al. 594.
Rate on. Thompson Lumber Co. et al. v. I. C. R. R. Co. et al. 657.
Express company, like railroad company, common carrier, a monopoly. Kin-
del v. Adams Express Co. et al. 475.
Defendants' rate applied to shipments of motor cycles from St. Louis to Den-
ver should not exceed that imposed upon bicycles between the same points.
Merchants' Traffic Asso. v. A., T. & S. F. Ry. Co. et al. 283.
Forest City Freight Bureau v. A., T. & S. F. Ry. Co. et al. 295.
Classification, price and rates on. Forest City Freight Bureau v. A., T. &
S. F. Ry. Co. et al. 295.
A carrier must not make use of its released rates as a means of escaping
liability for the consequences of its negligence, either wholly or in part. In re
Released Rates, 550.
Power of regulation and protecting public make competing lines vital where
transportation facilities already ample. Chicago & Milwaukee Electric R. R.
Co. v. I. C. R. R. Co. et al. 20.
Strong lines have been built from southern points carrying commodities for-
merly almost exclusively from the East. Anthony Wholesale Grocery Co. v.
A., T. & S. F. Ry. Co. et al. 605.
Base of masurite. Masurite Explosive Co. v. P. & L. E. R. R. Co. et al. 405.
NITRATE OF SODA.
Origin and rates on. Ft. Smith Traffic Bureau v. St. L. & S. F. R. R. Co.
et al. 651.
Base of dynamite, etc. Masurite Explosive Co. v. P. & L. E. R. R. Co. et al.
405.
High ton per mile rate. Thompson Lumber Co. et al. v. I. C. R. R. Co. et al.
657.
Imported manufactured on Pacific coast. Burgess et al. v. Transcontinental
Freight Bureau et al. 668.
An ocean carrier established under the laws of Cuba and transporting traffic
between Habana and Galveston is not subject to the act to regulate commerce.
Lykes Steamship Line v. Commercial Union et al, 310.
Cream via Clyde Line discontinued, express service preferable. Reynolds v.
Southern Express Co. 536.
Never has been stability of rates upon water. Cosmopolitan Shipping Co. v.
Hamburg-American Packet Co. et al. 266.
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