mediate point. The tariff carrying the 52.5-cent rate from Syracuse was also subject to the following provision:

Except as otherwise provided herein, from any point of origin from which a rate on a specific commodity is not named in this tariff, but which is located on the same line between any two points of origin from which rates are named in this tariff, the rate will be the same as from the next more distant point from which a rate is named.

This provision was also without effect because, although Toledo was not named as a point of origin in that tariff, that point was not between two points of origin from which rates were named therein. The violation of the long-and-short-haul clause was removed on April 11, 1927, when the rate to Syracuse was increased to 63.5 cents. A 39-cent rate on burlap bags from Buffalo, N. Y., and Cleveland, Ohio, to St. Louis, Mo., 723 and 540 miles, respectively, has been found reasonable and reparation awarded to the basis thereof. Rothman & Sons v. P. R. R. Co., 140 I. C. C. 315. Missouri Bag Co. v. N. Y., C. & St. L. R. R. Co., 144 I. C. C. 44. From the standpoint of distance, a rate of 52.5 cents from Toledo to Minneapolis would compare favorably with these rates and the present Syracuse rate.

We find that the rate charged was, is, and for the future will be unreasonable to the extent it exceeded, exceeds, or may exceed 52.5 cents; that complainant paid and bore the charges on the shipments described and was damaged thereby in the amount of the difference between the charges paid and those which would have accrued at the rate herein found reasonable; and that it is entitled to reparation in the sum of $132, with interest.

An appropriate order will be entered.

157 I. C. C.

No. 21803

NATIONAL COTTONSEED PRODUCTS CORPORATION v. CHICAGO, INDIANAPOLIS & LOUISVILLE RAILWAY COMPANY

Submitted May 31, 1929. Decided September 21, 1929

Rates on crude cottonseed oil, in carloads, from Louisville, Ky., to Chicago, Ill., found applicable. Complaint dismissed.

C. E. McDaniel for complainant.

B. G. Stackhouse for defendant.

REPORT OF THE COMMISSION

DIVISION 4, COMMISSIONERS MEYER, EASTMAN, AND WOODLOCK BY DIVISION 4:

This case was presented under the shortened procedure. Exceptions were filed by complainant to the report proposed by the

examiner.

Complainant, a corporation, operating a cottonseed-crushing mill at Louisville, Ky., by complaint filed December 19, 1928, alleges that the rate charge on five tank-car loads of crude cottonseed oil from Louisville to Chicago, Ill., during October and November, 1927, was inapplicable in violation of section 6 of the interstate commerce act. Refund of alleged overcharge is sought. Rates will be stated in cents per 100 pounds.

The shipments weighed in the aggregate 299,920 pounds, and moved over defendant's line. Charges of $734.90 were collected at a sixth-class rate of 24.5 cents. Complainant contends that the applicable rate was a commodity rate of 17 cents, as provided in item 970-A of supplement 3 to Agent Jones's tariff I. C. C. 1897, Agent Galligan's I. C. C. 94. The title-page of this tariff reads in part as follows.

JOINT FREIGHT TARIFF NO. 104-0 (For individual carriers' tariff numbers refer to page 2) Cancels Freight Tariff No. 104-N OF PROPORTIONAL BATES APPLYING ON CLASSES AND COMMODITIES BETWEEN CHICAGO, ILL., DAVENPORT, IOWA, INDIANAPOLIS, IND., MILWAUKEE, WIS., PEORIA, ILL. And stations shown on pages 11 and 68 inclusive. AND BROOKPORT, ILL., CAIRO, ILL., CINCINNATI, OHIO, EVANSVILLE, IND., JEFFERSONVILLE, IND., JOPPA, ILL., METROPOLIS, ILL., MOUNDS, ILL., NEW ALBANY, IND., PADUCAH, KY., THEBES, ILL., THEBES TRANSFER, ILL.

Applicable (except as otherwise provided) on shipments destined to or originating at points in the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Virginia, as provided on pages 116 to 118, inclusive.

ALSO

Class Rates to East Cairo, Henderson, Louisville and Paducah Ky., on shipments destined to Nashville, Tenn.; also commodity rates from and to Louisville, Ky., as specified herein.

It will be seen that the two paragraphs describing the application of rates are separated from each other by a space and a short rule. It is the contention of complainant, in substance, that the word "proportional" applies only to the paragraph above the rule; that the paragraph below refers to local rates; and that the rate of 17 cents from Louisville to Chicago, named in item 970-A of the tariff, is a local rather than a proportional rate, and was applicable on the shipments in the instant case.

*

Rule 3 of our Tariff Circular 20 specifically provides what shall be shown on the title-page of a tariff. Paragraph D of that rule provides that it shall show "Whether tariff or supplement is local, joint, proportional * or a combination of same, and whether class, commodity, or a combination of both." From this defendants contend that if this tariff had been intended to include local rates on crude cottonseed oil, it would have been necessary to show on the title-page that it was a tariff of "local and proportional rates."

However, further discussion of the contentions of complainant and defendants is unnecessary in view of the following notes under item 970-A, which names the 17-cent rate:

(A.) From Cincinnati, Ohio

APPLICATION

rates will apply on shipments originating at points south of the Ohio River or west of the Mississippi River.

(B.) Rates from

Louisville, Ky., apply on shipments originating in the territory described in (A) above and refined at the points mentioned.

This clearly indicates that the rates named in the item are proportional, and could not be applied on the shipments in this case. We find that the rate charged was applicable. The complaint will be dismissed.

157 L. C. C.

No. 189591

MAGNOLIA PETROLEUM COMPANY v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY ET AL.

Submitted June 6, 1927. Decided September 12, 1929

Rates on wrought-iron pipe, in carloads, between points in Texas and Oklahoma, found unreasonable. Reparation awarded.

H. M. Maddox, W. H. Francis, and E. L. Wilkerson for complain

ants.

G. B. Ross, M. J. Dowlin, F. A. Swenson, S. D. Sparks, and Lewis Jeffrey for defendants.

REPORT OF THE COMMISSION

DIVISION 3, COMMISSIONERS CAMPBELL, WOODLOCK, AND BRAINERD BY DIVISION 3:

Exceptions were filed by the parties to the report proposed by the examiner. Our conclusions differ from those recommended by the examiner, principally in the measure of relief.

Complainants, Magnolia Petroleum Company and Magnolia Pipe Line Company, are corporations engaged in the oil business. By complaints filed October 26, 1926, they allege that the rates on wrought-iron pipe, in carloads, from certain points in Texas to certain points in Oklahoma and from certain points in Oklahoma to certain points in Texas, were and are unreasonable. We are asked to prescribe reasonable rates for the future and to award reparation. Rates will be stated in cents per 100 pounds.

The shipments, approximately 70 carloads, were made during the period November 2, 1924, to September 18, 1926, within two years prior to the date the complaints were filed. All but eight shipments were made by complainants to themselves, and consisted of secondhand pipe shipped from oil fields where it had served its purpose to other oil fields. The eight excepted shipments consisted of new pipe shipped to complainants. The shipments were routed by the shipper, with the exception of one car, and moved over defendants' lines. The points of origin and destination, rate assessed, rate sought, distance over route of movement and over the shortest route, embracing no more than three lines, are shown in the following table:

This report also embraces No. 18959 (Sub-No. 1) Magnolia Pipe Line Company v. Missouri-Kansas-Texas Railroad Company et al.

The Texas points of origin and destination are in Texas commonpoint territory. There are two classes of rates applying on this commodity between Texas and Oklahoma, blanket or group rates, and class rates based on distance. Alternative application of the blanket or the distance class rates, whichever is lower, is generally accorded. The rates sought by complainants are those prescribed in MemphisSouthwestern Investigation, 77 I. C. C. 473, hereinafter referred to as the 9702 case or scale, using shortest routes embracing not more than three lines.

Complainants, in support of their allegation of unreasonableness, instance rates of 34 cents from Okmulgee, Okla., to Galveston, Tex., 550 miles; 48.5 cents from Drumright, Okla., to San Angelo, Tex., 493 miles; 39 cents Mart, Tex., to Healdton, Okla., 248 miles; 36.5 cents Shreveport, La., to Austin, Tex., 327 miles; 38 cents Atlanteed, Tex., to Jefferson, Okla., 262 miles. Those rates are compared with the assailed rates which average 57.31 cents for an average distance of 316 miles. Complainants show that the compared rates are as low and in some instances lower, than the rates prescribed in the 9702 scale.

Complainants also refer to the rates on brick, gravel, glass bottles, salt, and other commodities, between Texas and Oklahoma, which are generally the same as the rates prescribed in the 9702 case. They assert that, based upon an average haul of 316 miles with an average loading of 77,869 pounds, the average rate of 57.31 cents earned 141.23 cents per car mile and 36.6 mills per ton-mile. These earnings are compared with lower earnings obtained under the rates applicable for similar distances between Shreveport, La., and Texas points.