INDEX DIGEST

[Numbers in parentheses following citations indicate pages on which subjects are considered.]

ABANDONMENT.

Complaints: See COMPLAINTS.

Issue: See ISSUE.

Line of Railroad: See CONVENIENCE AND NECESSITY.

ABSORPTION OF CHARGES.

Livestock Loading Charges: See LIVESTOCK.

Port Charges: See WHARfage.

Switching: See SWITCHING.

Terminal: See TERMINALS.

Wharfage Charges: See WHARFAGE.
ADJACENT FOREIGN COUNTRY.

In General: Without a mandate of Congress or an interpretation of existing
law by the courts to a contrary effect, Commission should exercise great caution
to avoid any action tending to complicate or hinder the free movement of inter-
national traffic. Inland Empire Paper Co. v. Great Northern Ry. Co., 501 (511).
Damages: Commission has jurisdiction to award damages resulting from the
application of an unreasonable rate from a point in the United States to a point
in Canada. National Paper Products Co. v. Southern Pac. Co., 627 (630).

Long-and-Short-Haul Clause: Fourth-section relief authorized in connec
tion with rates on newsprint paper from Canadian origins to certain lake ports,
during season of open navigation, to meet competition of water, truck-and-water,
and rail-and-water routes, subject to conditions. Newsprint Paper to Lake Ports,
397.

Fourth-section relief granted in connection with rates on newsprint paper from
New England, New York, Canada, and western trunk-line territory to New Eng-
land, trunk-line, central, western trunk-line, and southern territories, subject to
certain conditions. Newsprint Paper, Paper Articles, and Paperboards, 513.

Fourth-section relief granted in connection with rates on newsprint paper from
Quebec and Limoilou, Quebec, Canada, to Chicago, Ill., and Milwaukee, Wis.,
during the period of navigation each year, to meet competition by water, subject
to certain conditions. Newsprint Paper from Quebec and Limoilou, Quebec, 611
(611-612).

Preference and Prejudice: To require establishment of a specific rate from the
international boundary would serve no good purpose when prejudicial character
of joint rates from Canadian origin was in issue, and Commission's power to re-
move such prejudice was not challenged. Inland Empire Paper Co. v. Great
Northern Ry. Co., 501 (511).

ADJUSTMENTS AND RELATIONSHIPS. See PREFERENCE AND PREJU-
DICE; RELATION OF RATES.

ADVANTAGES.

Motor vs. Rail: Section 216 (i) directs Commission, in prescribing just and
reasonable rates for transportation by motor common carrier, to give due con-
sideration to inherent advantages thereof. Motor-Rail-Motor Traffic in East
and Midwest, 245 (274).

ze ages of service by rail, even during the
Dear Cases and the New York State Barge Canal,
Tutus de oposed rate during the season of closed
se on the ground of water competition:
A N. 1, 649 653); Rock Salt to Hopewell,

In Jeneral: Camisas is to claims filed by agents on behalf
V TEVHOES Jf sec. 16. Unless complaint definitely
caration is demanded and describes their
mapie Commission to forward a state-

Tent he cares to terenact vox to all upon it to satisfy the claim or answer
I THINK A Buse it as tot een stated as required by law so as to stop
the mingi he started itations. Romeo Stores Co. v. Union Pac. R.
14. 169 142–49 .

Commission Merchants: SHE COMMISSION MERCHANTS.

Simppers Instrument Tansferring orginal freight bills to an agent, which was
ntenied as entence of author ile complaint and collect reparation in
omplainant eraif. ra tot constitute assignment of complainant's beneficiary
nterest nie Haim. Farmers non Supply Co. v. Atchison, T. & S. F. Ry. Co.

Undisclosed Principal: Nether complaint naming commission merchant
as complainant, for amende i omplaint naming Pomona, Calif., as additional
destination, namet the scipper of shipments to Pomona, and amended complaint
expressiy stated that complainant was in business at Los Angeles, Calif. There-
fore, as complainant was a stranger to carrier's records covering the shipments to
Pomona, carrier was not put on notice that he sought reparation thereon on ship-
per behalf. Complainant failed to identify either the principal for whom he
sought reparation, or the shipments concerned, with sufficient particularity to
prevent the running of the statute against them. Romeo Stores Co. v. Union
Pac. R. Co.. 639.

AGGREGATE OF INTERMEDIATES. See also PASSENGERS.

In General: Aggregate-rate rule inserted to protect combination of rates in
different territories when lower than through interterritorial rate did not apply in
connection with through rates on less-than-carload traffic to and from Kansas
City, Mo.-Kans., which were established in conformity with 164 I. C. C. 1 and
exceeded the combination of rates based on Belt Junction or Edgecomb, Mo.,
which through inadvertence were not brought into conformity with that finding.
Brown-Strauss Corp. v. Alton R. Co., 69 (78).

Determination of Intermediate Rates: When tariff publishing separately
established line-haul rates to or from Belt Junction, Mo., carried a notation
"L. C. L. only" such rates were not factors in combinations on carload shipments
destined beyond within meaning of an aggregate-rate rule. Brown-Strauss
Corp. v. Alton R. Co., 69 (75).

There was no aggregate of separately established rates to defeat a through
rate under an aggregate-rate rule when one factor was a switching charge which
was absorbed by carriers. Id. (77).

Fourth-Section Relief: Relief from aggregate-of-intermediates provision
of sec. 4, granted in connection with one way and round trip local, interdivision,
and joint passenger fares between local stations on the Central R. Co. of New
Jersey and Reading Co., except that the higher through fares should not exceed
those on bases prescribed or approved in 214 I. C. C. 174. Passenger Fares in
New York District, 395.

In the following cases relief from the aggregate-of-intermediates provision was
authorized in order to meet truck competition: Automobiles from Cincinnati,
Ohio, 381; Vegetables from Florida to Eastern Points, 206.

Presumption of Unreasonableness: Presumption of unreasonableness
attaching to a joint rate in excess of aggregate of intermediate rates can be over-
come only by a clear showing that the latter are less than reasonable maximum
rates. United Gas Public Service Co. v. Baltimore & O. R. Co., 297 (298).

Through Rates Exceeding Aggregate of Intermediates: Through rate on
pipe from Youngstown, Ohio, to Louisiana points, found unreasonable to the
extent that it exceeded aggregates of intermediates composed of rate to Ham-
mond, La., and factors beyond, as to shipments which moved via Hammond,
but not unreasonable as to shipments not moving through Hammond.
Gas Public Service Co. v. Baltimore & O. R. Co., 297.

United

Through Rates Exceeding Aggregate over Different Route: Rates on
cabbage from certain river landings in South Carolina to eastern trunk-line and
New England territories, higher than 1. c. 1. proportional rates via Charleston,
S. C., to same destinations, were not in violation of the aggregate-of-intermediates
provision of sec. 4. when shipments did not move through Charleston. Charles
E. Gibson, Inc., v. Atlantic Coast Line R. Co., 440 (442).

AGREEMENTS.

Pooling: See POOLING.

Rates: Proposed reduced rates on paper and paper articles from West Linn,
Oreg., and Camas, Wash., to California ports, found not justified when basis
sought was established in connection with fourth-section relief to meet water
competition which did not cover rates made to meet the competition of contract
rates of the water lines. Paper from Oregon and Washington to California, 374
(377).

Trackage Agreements: See TRACKS.
ALL-COMMODITY RATES.

Proposed joint motor-rail-motor all-commodity rates on merchandise traffic
between points in official and western trunk-line territories the same as all-highway
rates between the same points, covering intermediate haul by railroad of trailers
loaded on flat cars, and performance by motor carriers of all other service beyond
and at interchange points, with divisions to rail carrier for movement of loaded,
and compensation for movement of empty, trailers on agreed basis, found justi-
fied. Motor-Rail-Motor Traffic in East and Midwest, 245.

Comparison of all-commodity truckload rates for motor-rail-motor service with
all-freight rates for all-rail service, and less-than-truckload with less-than-carload
rates on representative commodities indicated that proposed motor-rail-motor all-
commodity rates on merchandise traffic averaged about 20 percent lower than
corresponding all-rail rates. Id. (262–263).

ALLOWANCES.

Weighing Services: See WEIGHTS AND WEIGHING.
ALTERNATIVE RATES.

Establishment of alternative rates on iron and steel articles from Chicago, Ill.,
switching district to Wisconsin Rapids, Wis., was not shown to be required.
Prentiss Wabers Products Co. v. Chicago & N. W. Ry. Co., 473 (474).
ARBITRARIES. See DIFFERENTIALS IN RATES AND ROUTES.

ASSIGNMENT.

Instrument transferring original freight bills to an agent, which was intended
as evidence of authority to file complaint and collect reparation in complainant's
behalf, did not constitute assignment of complainant's beneficiary interest in the
claim. Farmers Union Supply Co. v. Atchison, T. & S. F. Ry. Co., 486 (489).

NG AND SHORT HAILL

-daш Beef: Fourth-section rele granted
o Zaton Rouge and New irreans, La.,
....>, 1., and Cincinnati to Mobit, La, was
su teen authorized in connection with class
Quisiana and Alabama, 349 351..

-paging with cireuity limitations on four-section
y comparison of average distamuss over
ver shorter line from or to basing onts, in
dividual points: Brick and Hollow Tie from
Ocean-Rail Rates to Western Points. XIX.
section relief was limited to 70-percent pruty
o 30-percent circuity for distances over 15 miles,
Sts exceeded 150 miles but circuitous route was less
pocent circuity if over 1,000 miles, except as 70 eir-
500 miles and short-line distances over 1,000 miles:

158); Lumber from Tennessee and Arkansas. $9.
-section relief was limited to 70-percent circity for
20 50-percent circuity if over 150 miles, except when
50 miles but circuitous route is less than 255 miest
, Neor., and Iowa Points, 99 (101); Slag, Gravel, and
landic Ports, 526 (530).

barth-section relief was limited to 50-percent cirenity
eded 150 miles but not over 1,000 miles and to 334-
a route was over 1,000 miles, except as to circuitous

20 Tales and short-line distances over 1,000 miles: News-

5, and Paperboards, 513 (520); Sugar from New Orleans,