If railroads are allowed to apply the theory of out-of-pocket costs, motor carriers must fairly be allowed equal leeway. — Refrigerator Materials from Memphis, Tenn., to Dayton, Ohio, 4 M. C. C. 187 (190); Mid-Western Motor Freight Tariff Bureau, Inc., v. Eichholz, 4 M. C. C. 755 (775); Stoves, Ala. and Tenn. to Interstate Points, 4 M. C. C. 641 (649).

That a shipper may resort to transportation by its own vehicles is always a possibility. As there does not appear to be any danger of such an eventuality, the commission is unable to approve maintenance of rates on little more than out-of-pocket cost basis.-Bamberger Electric R. Co. v. Lang Transp. Corp., 8 M. C. C. 200 (209).

Comparison of truck-mile revenues under proposed rate, with alleged average operating cost 14.24 cents per truckmile, round-trip, raises serious doubt as to whether it would yield any margin over actual out-of-pocket expense incurred in transporting the anticipated added traffic.-Proportional Rate on Drugs-Memphis-St. Louis, 12 M. C. C. 447 (452).

The line-haul rate compensates for the driver's wages during free delivery time, and charge under the demurrage rule includes his wages during any period in excess of free time. "Construction project" difficult to define to meet all situations. Rule not condemned on that account.-Split Deliveries at Western Construction Sites, 21 M. C. C. 555.

Under the rule rate on the entire lading entering the construction site would be increased 2 cents per 100 pounds if delivery is made at more than one point, subject to minimum of $6, the equivalent of the charge for a 30,000pound load. Costs considered. Approved.-Id.

Under a reasonable interpretation of the present rule it cannot be said that the entire Union Stock Yards district is a "place" in Chicago. Additional deliveries to unloading platforms in the district in connection with truckloads of dairy products, eggs, is a service of value to the shippers, entails additional cost, therefore constitutes a reduction in charges; not justified.-Split Deliveries in Chicago Union Stock Yards District, 14 M. C. C. 743.

125. Commodities; characteristics; economic trends.-Sec. 1 (5), n. 350, same heading, rail movement. Sec. 1 (5), n. 495, all-commodity rates.

["Motor Carrier Rates" is balance of title to territorial cases herein.]

Comparable provisions of rail transit tariffs provide for payment of $6.93 as against $2 by motor carriers, per stop, and minimum weights are generally considerably higher than 10,000 pounds, provided by motor rule. The commission is not prepared to find such a rule 237167-40——77

Alcohols; alcoholic liquors: Reduced 1. t. 1. rates, 80 cents, unlawful. Weights, 10,000 to 18,000 pounds. Unduly low; would serve to break down

Ind., Ky., and Ohio to St. Joseph, 10 M. C. C. 410 (413).

Proposed rates to southeastern Mo. and Cairo, Ill. would not pay operating costs, 23.61 cents per truck-mile, earning 5.28 to 6.55 cents per truck-mile.— Alcohols from Tallant, Okla. to Various Points, 10 M. C. C. 639.

Reduction of minimum from 40,000 to 20,000 pounds, whisky, in connection with 44-percent rating, approved, because of State restrictions.-Whisky from Cincinnati and Ky. Points to Southern States, 22 M. C. C. 81.

Motor carriers now obtain only emergency shipments; rate and minimum prescribed. 20,000 minimum most practical.-Middle Atlantic States, 10 M. C. C. 193 (208)*.

No justification for rates on lowerpriced wines greater than on higherpriced wines or liquors.-Id., 18 M. C. C. 689 (695)*.

Less-than-truckload shipments, mixed with malt beverages, at truckload rates, denied.-New England, 24 M. C. C. 213*. Aluminum scrap: Fifth class, in boxes weighing not less than 20 pounds per cubic foot, approved.-New England, 12 M. C. C. 417*.

Asphaltum: 15 cents, minimum 20,000 pounds, Baltimore to Wilmington, approved. Rail, 13 cents, minimum 40,000 pounds. Middle Atlantic States, 10 M. C. C. 193 (208)*.

Automobiles and parts: Caravan or convoy method, to save transport cost on long hauls, on cars for sale in Calif., tends to impose special burdens on State.-Clark v. Paul Gray, Inc., 806 U. S. 583 (593)*.

Purported advantage of convoy method, see-Brooks-Gillespie Motors, Inc., 10 M. C. C. 151*.

Total investment, automobile cars owned by railroads, midwest and west, see-Western Auto Shippers Extension,

3 M. C. C. 173.

Competition, rail and truck, automobiles to Chicago, points west of Chicago, see-Automobiles and Chassis to Chicago, 227 I. C. C. 223*.

Automobile cars, rail, not requiring crating; capacity, see-Reeser Extension-Camden, 9 M. C. C. 528.

Demand, trailers, increasing; made at Detroit, Mount Clemens, Flint, Mich.

Units in use in truck-away interstate operations by the 150 common and contract operators 5,000; estimated cost $3,500 per unit.-Car over Cab Operations, 12 M. C. C. 127 (129) *.

140,000 cars move annually, Michigan to Buffalo, New York City, Philadelphia territory during lake navigation season. If applicant were not authorized its employees would be laid off.-Metropolitan Convoy Corp., 10 M. C. C. 629 (631).

Old auto parts inbound to reconditioning plants have very low value until reconditioned; 50 percent ultimately sold as junk. Cannot properly be labeled as junk.-Reconditioned and Junk Auto Parts in Southern Territory, 17 M. C. C. 436.

Sound-warning horns will load to 21,500 pounds of 950 cubic feet capacity. 28 and 29 cent rate approved.Central Territory, 19 M. C. C. 545 (557)*.

Springs, 30 cents, 24,000 pounds, prescribed.-New England Motor Carrier Rates, 16 M. C. C. 499*; any-quantity rate, accessories, yield of 8.8 to 12.9 cents per ton-mile, for 62 and 125 miles, reasonably compensatory.-Id., 21 M. C. C. 373 (375)*.

Parts, Detroit-Kenosha, 37 cents, 20,000 pounds, 57 cents 5000 pounds, 69 cents 5000 pounds, latter two in mixed shipments, approved.-Id., 22 M. C. C. 311*.

Parts, Toledo-Kalamazoo, 25 cents, 20,000 pounds, 39 cents 10,000 pounds, approved.-Id., 22 M. C. C. 311 (312) *.

Wheels, other than aluminum, parts, 24 cents, 20,000 pounds, Detroit-South Bend, approved; rail, 24 cents, 40,000 pounds. Id., p. 313.

Bakery goods: T. 1., 42 cents, New York-Baltimore, 32 cents PhiladelphiaBaltimore, approved.-Middle Atlantic States, 10 M. C. C. 193 (195) *.

58 cents 1. t. 1., 42 cents t. 1., 20,000 pounds, on matzos approved.-Id., 12 M. C. C. 27*.

Earnings per truck-mile, 2000 pounds, would be 27.3 cents; prescribed where

lower than class or any-quantity commodity rates.-New England, 10 M. C. C. 581 (584)*; territory extended, 23 M. C. C. 361 (363)*; modified, 19 M. C. C. 777 (779)*; fourth-class, columns C, D, E, crackers, cookies.-Id., 21 M. C. C. 373 (380)*.

Battery boxes, batteries, covers, vents: 34 cents per 100 pounds, 20,000 pounds minimum, Chicago to Cincinnati and points taking same rates, prescribed.-Central Territory, 10 M. C. C. 67 (69)*.

Truck-mile revenues ranging from 8.6 cents from New York, Philadelphia, Baltimore, and from Washington 21.3 cents to 30.3, to Fredericksburg 36.3 cents, 20,000 minimum, approved.—Minimum Weights of Coffman Bros., 9 M. C. C. 619.

Rates, nonintoxicating cereal and malt liquors, Brooklyn to Baltimore and Washington, reduced to rail rates, of 47 and 50 cents, 1. t. 1. Truckload rates of 31 and 35 cents, 20,000 pounds, rail rates 27 and 28 cents, 30,000

M. C. C. 171*.

Second-class, 1. t. 1., fourth-class t. 1., asphalt composition, impregnated fiber or rubber, approved.-Id., 17 M. C. C. 609*.

Reduced ratings, batteries, parts, ton-mile revenue 7.16 and 5.92, on 5,000 and 10,000 pounds, approved.-Batteries in D. C., Md., Pa., over Tidewater Exp. Lines, 18 M. C. C. 118.

38 cents, 20,000 pounds minimum, electric storage batteries, approved.New England, 21 M. C. C. 373 (376)*; increased, 23 M. C. C. 361 (363)*.

Reduction from 55 percent on electric storage batteries 1. t. 1. to 50 percent of first class, 5,000 pounds minimum, reasonable.-Kinney Truck Lines, 22 M. C. C. 207 (211).

Beer and related beverages: Beer is perishable if unduly exposed to heat or cold.

Motor carriers handling general commodities not suitable.-Osmundson Extension, 3 M. C. C. 167 (168).

Does not require unusually fast shipment except as shipper or consignee desire for their own commercial reasons.-Dunn Extension, 20 M. C. C. 211 (213).

Advantage of contract transport is prompt, through, dock-to-dock, low-rate service with loading and unloading borne by carrier.-Rickerd, 9 M. C. C. 145 (148).

Higher minimum weights of rail lines require larger capital investment and storage of large quantities.-Pohl Extension, 10 M. C. C. 337 (339).

Minimum 40,000 pounds, ale, beer, carbonated beverages, ranging from 1 to 4 cents higher than rail rates, approved.-New England, 10 M. C. C. 581 (586)*.

Exceptions to classification ratings, to include return empty containers, fifth class, column C, 6,000 to 11,999 pounds, column D, 12,000 to 19,999 pounds, column E, 20,000 pounds, approved.-Id., 21 M. C. C. 373 (387)*; see also 23 M. C. C. 361 (375)*.

Point-to-point commodity rates on ale, beer, etc., 20,000 pounds, single-line, 27.5 percent of first-class, empty returned containers, 5,000 pounds, 22.5 percent of first-class prescribed, not to exceed 400 miles.-Central Territory, 12 M. C. C. 153 (170, 181) *.

27.5 percent of first class, 20,000 pounds, malt liquors, approved, to meet rail competition. On containers, 22.5 percent of first class, 5,000 pounds.—Id., 22 M. C. C. 729 (733)*.

Boots and shoes: Commodity rate, any quantity, reduced, Baltimore-Boston, to increase respondent's southbound movement, not justified. 72 cents, not including pick-up and delivery at Boston, not unreasonably low.-Boots and Shoes, Md. and Mass., 18 M. C. C. 103.

Boots, shoes, factory supplies, bases prescribed.-New England, 16 M. C. C. 499 (502), 21 M. C. C. 373 (377)*; 23 M. C. C. 361 (364)*.

L. t. 1. rate yielding 5 cents per tonmile, for 460 miles, 4 cents by 625 mile

N. J.—Id., 19 M. C. C. 777 (792)*; see also 23 M. C. C. 361 (364)*.

Second-class any-quantity rating, steel bar, sash, window frame, combined, approved; 54 cents, Baltimore to Philadelphia, 71 Baltimore to New York; rail 45 and 58 cents, 22 and 29 cents, 24,000 pounds.-Middle Atlantic States, 10 M. C. C. 193 (196) *.

Building material, Baltimore to Newark, 17 cents, to Marshallton, Newport, New Castle, Wilmington, 18 cents, 20,000 pounds, approved. Rail, 13 cents to Newark, 15 to New Castle, 14 to the other points, 40,000 pounds.-Id., p. 207. Change will result in higher rate than

27 cents, 23,000 pounds, metal caps, for bottles and jars, Baltimore-New York City, to meet rail rates, approved. Id., 22 M. C. C. 353*.

Caps, covers, bottle tops, cans, glasses, jars, reduced to column 40 rate of 47 cents as minima.-Central Territory, 12 M. C. C. 153 (175)*.

Fifth-class rating approved, bottle caps.-New England, 19 M. C. C. 777 (793) *.

See also Containers.

Building materials; roofing: Much granite, marble, building stone, limestone, which moved by rail prior to increase of Aug. 15, 1934, now transported by contract or private motor carriers, short and relatively long hauls.-Fifteen Percent Case, 1937-1938, 226 I. C. C. 41 (111) *.

Granite, marble, generally transported by carriers which specialize in their transport; usually accorded similar treatment. Excluded from prior prescription of minimum rates.-New England, 21 M. C. C. 373 (387) *.

Building material, roofing, same as c. 1. rates except to 3 points, where they are 5 cents higher, prescribed.-Id., 16 M. C. C. 499*.

Roofing, paving, building material, placed on relative parity, Conn., Mass.,

Yield of from 32 to 36 cents truckmile, 111 and 112 miles, approved, roofing, building materials.-Id., 18 M. C. C. 689*.

Roofing, building material, 26 and 28 cents, 20,000 pounds, while lower than average, compensatory; rail, 21 and 22, 40,000 minimum.-Id., 18 M. C. C. 681*.

Building material, paving, roofing, 18 cents, 20,000 minimum approved; rail, 14 cents, 40,000 pounds.-Id., 17 M. C. C. 609 (611) *.

19 cents, 20,000 pounds, building, paving, roofing material, asphalt shingles and cement, Cleveland - Detroit, approved; same as rail on 40,000 pounds.Central Territory, 19 M. C. C. 545 (547)*; trimmings, p. 566, stone, p. 577.

Steel builders' scaffolds, flat or folded, Chicago-Milwaukee, 17 cents, 20,000 pounds, approved.-Id., 20 M. C. C. 663*.

Rail rates, roofing, 40,000 pounds, Baltimore, York, Philadelphia, Newark, to N. C. points and Danville, Va., range from 1 to 7 cents lower than truck; water-rail rates, same minimum, lower than rail.-Roofing from the East to the South, 10 M. C. C. 589 (591).

Sheet-steel building columns are not considered desirable by motor carriers because of light weight density.-Union

Metal Mfg. Co. v. Atchison, T. & S. F. Ry. Co., 237 I. C. C. 663 (666).

Foodstuffs, chiefly canned goods, 45 cents, 20,000 pounds, 38 cents 20,000

Principal disadvantage truck-water routes, competing with all-rail, candy, peanuts, due to their susceptibility to damage by heat.-Candy and Peanuts to Dallas, 232 I. C. C. 727 (731).

fruit jellies, to canned or preserved foodstuffs, approved; 20,000 pounds, 19 and 21 cents; rail 15 and 21 cents, 36,000 pounds.-Id., 12 M. C. C. 27 (30)*.

Vinegar rates increased; New England Motor Carrier Rates, 16 M. C. C.

Canned goods: Flexibility truck service necessary to highly competitive cannery business.—Badman, 9 M. C. C. 342 (343).

39 cents to Cullman, Huntsville, 23 cents to Birmingham, 20,000 pounds, prescribed.-Canned Goods from Mobile to Ala. Points, 20 M. C. C. 703.

Rates proposed, St. Louis, Chicago, not improperly aligned with rail rates. -Central Territory, 8 M. C. C. 233*.

21 and 22 cents, 20,000 pounds, to meet rail rates, approved.-Id., 22 M. C. C. 729 (732)*.

If graduated rates are elected, minimum weight, 50 or 75 percent of 20,000 pounds, 12.5 percent higher than 20,000 pounds may be established.-Minimum Weights of Coffman Bros., 9 M. C. C. 619 (625).

Assembly in truckloads is of economic benefit to consumers.-Atlas-Wis., Inc., Broker Ap., 13 M. C. C. 537.

Rates, 24,000 pounds, on single shipment picked up at one point at one time, consigned to 7 consignees at one destination, 5 cents higher than c. 1. rates, prescribed to meet rail pool-car competition.-New England, 10 M. C. C. 581 (595)*.

(378)*.

20,000 pounds Chicago to Kansas City, 42 cents, would yield gross revenue of $84. Not disapproved.—Baking Powder and Canned Goods, Chicago to Kans. and Mo., 22 M. C. C. 413.

Cancelation of commodity rates justified.-Canned Goods from Eastern States to Ga., N. C. and S. C., 22 M. C. C. 379.

Cast-iron pipe: 50 percent moved by truck in 1936 from eastern plants; prior to emergency rail charges truck movement unknown in southern territory.— General Commodity Rate Increases, 1937, 223 I. C. C. 657 (701)*.

26 cents, 20,000 pounds, BaltimoreDundalk, Md. to New York, approved; rail, 24 cents, 40,000 pounds.-Middle Atlantic States, 10 M. C. C. 193 (200) *.

Cement: 14 and 15 cents, for 121 to 160 miles and 161 to 180 miles, approved.-Cement from Savannah to S. C. Points, 18 M. C. C. 270.

Chemicals: Proposals approved to place manufacturers at Cleveland and Elyria on parity with competitors. Uniform list of chemicals urged to simplify tariff publication.-Central Territory, 12 M. C. C. 567*.

Acetanilid, citric acid, 20,000 pounds, 38 cents, straight or mixed with caf