minal expenses add to the cost of opera- | of the total passengers transported tion.-Fares between Bergen County, move by private car and less than 8 N. J. and New York, N. Y., 6 M. C. C. 25 (28).

percent by bus.-Eastern Mich. Transp. Corp.-Control-Eastern Mich. Motorbuses 25 M. C. C. 483 (487).

18. Empty movement.-Cost of operation is increased by reason of con- That Pacific Greyhound was forced to siderable travel empty, traffic moving reduce its fare does not establish that principally in one direction. About 300 it was injured thereby unless the repercent more busses are used during duced fare was on too low a basis. morning and afternoon rush hours. Earnings compared, the reduction tends Busses frequently run empty, being sent only to illustrate the benefit to the pubback to make an additional schedule, lic which results from competition, which practically doubles the mileage rather than that protestant was innecessary to transport one pay load.-jured.-All American Bus Lines, Inc., Fares between Bergen County, N. J. and New York, N. Y., 6 M. C. C. 25 (31). Pacific Greyhound's net profit of 25. Disposition of fractions.-The $5,766,106 in 1935, permitting payment commission has approved additions to of dividends totaling $4,514,307 on a rail fares so that all fares might end total of preferred and common stock in 0 or 5, (214 I C. C. 174), and there is of $16,267,257, indicate that Greyhound no reason why bus fares should not be lines are in financial position to meet similarly treated.-Fares between Ber-reasonable competition; that applicant's gen County, N. J. and New York, N. Y., lower fares are not too low.-Id., p. 6 M. C. C. 25 (33).

It is the usual practice of bus lines to make all fares end in 0 or 5; applicant's rail fare of 24 cents will be 25 by its bus route.-Burlington Transp. Co. Extension-Leavenworth (Passengers), 13 M. C. C. 287 (289).

30. Competition affecting fares.Maintenance of lower fares by some respondents than by others, to and from the same points, on account of slight differences in distance traveled, would create a chaotic condition. The carrier having the lower fare would get the traffic, forcing down the fares of other carriers, regardless of the revenue effect.-Fares between Bergen County, N. J. and New York, N. Y., 6 M. C. C. 25 (34).

18 M. C. C. 755 (777).

780.

The New Jersey territory is adequately served by rail. Applicant's rates are 10 percent higher than rail. Erie R. has the advantage over applicant in fares and time schedules. However, the Erie service involves a transfer of passengers.-Inter City Transp. Co., Inc., Extension-Jersey City-Liberty, 11 M. C. C. 109.

35. Returns from entire operation.— Respondent should not be required to continue operating at a loss because of the possibility of offsetting loss on a division of the route from another more profitable operation.-Fares between Bergen County, N. J., and New York, N. Y., 6 M. C. C. 25 (33).

40. Reasonable fares, in general.Though it is not possible from the record to ascertain the value of property which the Arnold Line devotes to public use and on which it is entitled to earn a reasonable return, its operations for 3

Contention that if operations had been continued, in absence of alleged unfair competition loss might have been erased, is of little merit. A motor carrier should not be required to continue operating at a loss, as a purely experimental proposition, in the hope of ulti-years show a satisfactory improvement; mately earning a profit.-Id., p. 33.

Survey of intercity automobile passenger transportation to and from Detroit shows that more than 92 percent

territory is growing rapidly; with amounts reserved for depreciation, means will be ample for financing replacements and credit, without increas

ing fares.-Fares between Arlington with connecting carriers to other points County, Va., and D. C., 17 M. C. C. 267. in the State in interstate movement, to prevent undue competition, is contrary to sec. 216 (a), making it the duty of every common carrier to establish through routes and joint rates with connecting carriers.-Inter City Transp. Co., Inc., Extension, 11 M. C. C. 109 (110).

The experience of the electric line cannot be used as a criterion to measure the financial results of the new form of operation, the Auto Railroad. It is in serious need of larger revenues and proposed increased fares are not unlawful.-Id.

In absence of information as to profit which accrued to the lessor, or of a showing that protestant's method of round-trip excursion operation is as economical and efficient as it would be if it operated its own equipment, its net profit ro loss is not of significance in determining whether proposed rate is compensatory. - Fares between New York City and Southeastern New York, 18 M. C. C. 243 (247).

Before proposed rate may be condemned, it must be found that it does

It is the duty of every common carrier of passengers to establish through rates with other motor common carriers, just and reasonable joint fares and charges, regulations and practices relating to issuance, form, and substance of tickets. If protestants or other motor carriers fail or refuse to do so, the matter may be brought to the commission's attention in an appropriate proceeding.-Lincoln Trails System, Inc., 2 M. C. C. 627 (630).

While operations under traffic arrangements in substance may constitute only lawful interchange of equipment, no showing to that effect was made. All the commission can do without additional information about the traffic ar

or will violate some provision of the act. Since it is proposed by several operators, opposed by only one, considering earnings per bus-mile, it is shown to be non-compensatory.-Id. 100. Joint rates.-Agreement provid-rangements is to admonish the carriers ing that applicant undertakes now and for the future not to solicit passengers in New York City, not to handle such passengers in interchange arrangements

to cease operation of their busses on routes over which they have no operating rights.—Maine Central Transp. Co., 2 M. C. C. 590 (596).

Section 216. (b) [Sec. 316 (b) U. S. Code.] Rates, facilities for carriers of property.-It shall be the duty of every common carrier of property by motor vehicle to provide safe and adequate service, equipment, and facilities for the transportation of property in interstate or foreign commerce; to establish, observe, and enforce just and reasonable rates, charges, and classifications, and just and reasonable regulations and practices relating thereto and to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property in interstate or foreign commerce. (Part II, sec. 216, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 558.)

Notes of Decisions

4. Safe and adequate equipment to be 225. Commodity rates.

25. Competition considered.

30. Volume of traffic bearing on reasonableness.

275. Minimum rates.

300. Truck-water rates.

400. Pick-up and delivery service.
405. Constructive mileage; arbitraries.

4. Safe and adequate equipment to be furnished.-Only a limited number of motor common carriers have suitable equipment for transport of commodities

40. Distance considered in determining requiring refrigeration or other protec

45. Disruption of rate adjustment.

50. Difference in value as between grades of same commodity.

51. New and second-hand articles. 60. Weight basis.

61. Alternative minima.

70. Comparisons of rates; with rail rates. 71. With water rates.

tive service. In general there are no satisfactory facilities at common-carrier terminals for refrigeration.-Pomprowitz Extension, 9 M. C. C. 301 (303).

Applicant's superior terminal service is the reason for shippers desiring its proposed operation; much of its business has been secured to the detriment

72. With rates of other motor carriers, of existing carriers.-American Steve

73.

common and contract.

With expense of private operators. 75. In opposite direction. In the same territory.

76.

-

100. Costs considered; truck-capacity.

Terminal services.

Operating costs.

Depreciation of equipment.

Transit costs.

Loss and damage to shipments.
Wages; prices; taxes.

Out-of-pocket costs.

125. Commodities; characteristics;

eco

less-than-truckload

dore Co. Extension, 14 M. C. C. 61 (63).

Because of limitations in equipment, motor carriers do not have available at all times and at all points vehicles equipped for transport of perishables. Tariff rule should be revised to provide that shippers shall ascertain if vehicles equipped for protection of perishables are available before tendering them for shipment. If such vehicles are available the shipments should be accepted.Mid-Western Motor Freight Tariff Bureau, Inc., v. Eichholz, 4 M. C. C. 755 (759).

There is a lack of sufficient refrigerator equipment capable of maintaining temperatures of zero or less while

Classifications; classification rules. the outside temperature is 90°, and of

tangible property is relatively small as compared with the corresponding investment of a railroad company, and Rates and classifications which pre- this fact must be considered in detervail have many inconsistencies and inmining the return which a motor carcongruitles and are otherwise imper-rier may fairly be allowed to earn.—Id.,