rails of that line and the Baltimore and Ohio Railroad Company, or over the Norfolk Southern and the Pennsylvania. Charges were collected at the applicable commodity rates of 45 cents from Belcross and 45.5 cents from Bishops Cross and Wilkinson on the shipments delivered by the Baltimore & Ohio, and, on the shipments delivered by the Pennsylvania, of 45 cents from Belcross, Camden, and Elizabeth City, 45.5 cents from Columbia and Pantego, and 50 cents from Beaufort, Callisons, and Stonewall to Pittsburgh; 45 cents from Elizabeth City and 45.5 cents from Columbia and Pantego to Beaver Falls, Pa.; 45 cents from Elizabeth City and 45.5 cents from Wilkinson to Donora, Pa.; 45.5 cents from Bishops Cross to Greensburg, Pa.; 45 cents from Belcross to Johnstown, Pa., 45.5 cents from Columbia to McKeesport, Pa.; 45.5 cents from Wilkinson to Portage, Pa.; 45.5 cents from Pantego to Steubenville, Ohio; and 45 cents from Elizabeth City to Uniontown, Pa. A rate of 65 cents was charged on the shipment from Belcross to Dayton, Ohio, but defendants admit that the applicable rate was 49 cents, and that the shipment was overcharged $48.48. This disposes of the claim covering this shipment, as the reparation basis sought thereon was 52 cents.

Effective June 12, 1936, defendants published from and to all points herein considered, rates made 27.5 percent of actual or constructive first-class rates, as hereinafter explained. The complaints as framed sought reparation upon basis of 32 percent of first-class rates, relying upon Carolina Shippers' Assn., Inc., v. Norfolk S. R. Co., 205 I. C. C. 54, but at the hearing complainants changed their basis and relied upon Bloom, Rosenblum & Klein Co. v. Norfolk S. R. Co., 183 I. C. C. 74.

In the latter proceeding, decided March 23, 1932, division 3 prescribed reasonable rates for the future on potatoes of 41 cents from Aurora, Guilford Spur, and Cash Corner, N. C., to Youngstown, Ohio, and 44 cents from Shawboro, N. C., and 46 cents from West Alliance, N. C., to Warren, Ohio. The short-line distance Aurora to Youngstown is 673 miles. The 41-cent rate was published to apply over the Atlantic Coast Line to Richmond, Va., thence over lines of The Chesapeake and Ohio Railway Company to Huntington, W. Va., Baltimore & Ohio to Wheeling, W. Va., Pennsylvania via Steubenville to destination, 1,013 miles. Cash Corner is 10 miles farther distant than Aurora, and the rate therefrom applies over the same route. Over the route used in No. 27660, the distances from Aurora and Cash Corner to Pittsburgh are 679 and 689 miles respectively, and this would have afforded a much more direct route to Youngstown, with Pittsburgh intermediate. The short-line distance from Shawboro to Warren is 601 miles, and the 44-cent rate was made applicable over the Norfolk Southern and Pennsylvania

via Norfolk, 673 miles. The short-line distance from West Alliance to Warren is 722 miles, and the 46-cent rate was made applicable over the Norfolk Southern and Pennsylvania via Norfolk, 810 miles. Over the latter route Pittsburgh is intermediate to Warren and, while the prescribed rates were being applied to Warren, complainants' shipments to Pittsburgh were being charged 50 cents from Stonewall and Callisons, points less than 10 miles beyond, and which ordinarily take the same rate as, West Alliance, and charged 45 cents from Belcross and Camden, points less than 10 miles beyond, and which ordinarily take the same rates as, Shawboro. Relying upon the findings in that proceeding, complainants seek reparation on rates of 46 cents from Beaufort, Callisons, and Stonewall, to Pittsburgh, and 41 cents from and to the other points.

Complainants compare the applicable rates to Pittsburgh with the present rates thereto and to Youngstown, Warren, Akron, and Cleveland, Ohio, as follows:

The present rates to the Ohio points and Pittsburgh were prescribed by the Commission in Virginia Corp. Comm. v. Pennsylvania R. Co., 214 I. C. C. 753, hereinafter described, and became effective June 12, 1936.

In Carolina Shippers' Assn., Inc., v. Norfolk S. R. Co., supra, a report on reconsideration decided November 13, 1934, the Commission prescribed as reasonable for the future, on potatoes from eastern North Carolina to central territory and Wisconsin, rates not to exceed 27.5 percent of the first-class rates prescribed or approved in the southern class-rate investigation for application from and to the

same points, and to trunk-line and New England territories rates not to exceed 27.5 percent of constructive first-class rates from and to the same points which would result from the use of the southern-revision K-2 and Q-1 scales for the portions of the hauls within and without southern territory, respectively, plus arbitraries determined by the southern-revision L-2 scale for the portions of the hauls over lines of the Norfolk Southern, subject to a minimum of 30,000 pounds. Reparation was awarded, but upon 32 percent instead of 27.5 percent of the first-class rates as described. It was therein pointed out that 32 percent of first-class rates had been used as a basis for reparation on potatoes in a number of proceedings involving rates from points in Atlantic seaboard States, Delaware to Georgia, inclusive, to southern and central territories.

The three complaints covered by the last-mentioned report were again considered in Virginia Corp. Comm. v. Pennsylvania R. Co., supra, decided March 20, 1936, embracing additional complaints. In that proceeding the Commission affirmed the award of reparation previously made in Carolina Shippers' Assn., Inc. v. Norfolk S. R. Co., supra. As to rates for the future, however, it modified the former findings in certain respects. As far as here pertinent, these modifications are as follows: (1) The formerly authorized North Carolina origin groups and the grouping of the Virginia cities were eliminated in constructing rates on potatoes to central territory, and the so-called Q-1 formula basis, the same as that used for traffic to trunkline and New England territories, was prescribed; and (2) rates on like traffic from intermediate Virginia origins were to be observed as minima in connection with rates from North Carolina applicable over routes operating through such origins. In connection with the prescribed rates to central territory it was provided that the lowest Q-1 formula rates should be applied, which could be computed via any of the gateways Norfolk, Richmond, Lynchburg, and Roanoke. Upon brief defendants state that the only issue is whether we should follow here the finding in Carolina Shippers' Assn., Inc., v. Norfolk S. R. Co., supra, or should repudiate that and award reparation on a different basis. They take the position that the finding in that proceeding should be followed, and that the finding in Bloom, Rosenblum & Klein Co. v. Norfolk S. R. Co., supra, does not furnish a proper basis for an award of reparation on the shipments here considered. In the report on further hearing in Virginia Corp. Comm. v. Pennsylvania R. Co., supra, at page 787, the Commission. said:

In our judgment, based on the comprehensive record now before us, column 32 should be the basis for the reparation award herein. The proceedings cited by defendants in opposition to this conclusion are not controlling in the situation here presented.

As pointed out by defendants, the findings in Taylor Produce Co. v. Atlantic Coast Line R. Co., 179 I. C. C. 269, which formed the basis for the finding in Bloom, Rosenblum & Klein Co. v. Norfolk S. R. Co., were superseded by the findings in later cases, including Carolina Shippers' Assn., Inc., v. Norfolk S. R. Co.

Certain of the shipments moved in dry refrigerator cars, for the use of which the Norfolk Southern provides a tariff charge of $5. That charge is applied at origins on its line south of Albemarle Sound, but north thereof the competition of lines operating out of Norfolk, which make no such charge, and the competition of automobile trucks, have made it impracticable to continue the charge. However, the Norfolk Southern contends that such a charge should be allowed in computing any reparation that may be awarded on shipments which moved in dry refrigerator cars from the latter points. In other proceedings in which the Commission awarded reparation on shipments of potatoes from this territory, including the points here considered, the charge referred to has not been allowed. This record does not warrant a different conclusion.

We find that the assailed rates were unreasonable to the extent that they exceeded the basis for reparation prescribed in Carolina Shippers' Assn., Inc., v. Norfolk S. R. Co., supra, minimum 30,000 pounds. This basis results in higher aggregate charges than were collected on each shipment embraced in no. 27660, and that complaint, therefore, will be dismissed. We further find that the rate of 65 cents assessed on the shipment from Belcross to Dayton was inapplicable; that the applicable rate was 49 cents, and that the shipment was overcharged in the amount of $48.48.

We further find that Sam Pasekoff Company, a corporation, complainant in No. 27660 (Sub-No. 1), purchased the shipments herein considered f. o. b. origin, and paid and bore the freight charges on the shipments received by it and bore the freight charges on the shipments which it diverted to other consignees who paid the charges; that it has been damaged thereby in the amount of the difference between the charges paid and those found reasonable or applicable; and that it is entitled to reparation, with interest. Complainant should comply with rule V of the Rules of Practice.

226 I. C. C.

TABLE OF COMMODITIES

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

Angles, SteeL. Indiana Harbor, Ind., and South Chicago, Ill., to Nashville,
Tenn., transited and reshipped to Coal Creek, Tenn., 4.

ANIMALS AND ANIMAL PRODUCTS. United States, 41 (138).
AUTOMOBILES, FREIGHT AND PASSENGER.

Dallas, Tex., to Amarillo, Archer

City, Dalhart, Olney, Paris, Quanah, Shamrock, Vernon, Wellington, and Wichita Falls, Tex., 705.

BAGS, PAPER-FABRIC, WOVEN. Atlanta, Ga., to Rocky Ford, Colo., Caldwell, Idaho, and Yakima and Wapato, Wash., 353.

BARRELS, BEER, ALUMINUM. New Kensington, Pa., to San Francisco, Calif., 1. BEAMS, STEEL. Indiana Harbor, Ind., and South Chicago, Ill., to Nashville, Tenn., transited and reshipped to Coal Creek, Tenn., 4.

BEER. United States, 41 (134).

BEETS, SUGAR. Finch, Myers, Waco, Bull Mountain, Huntley, Rimrock, and Niler, Mont., to Lovell, Wyo., 642.

BOXES, WOODEN. Official territory, 669.

BUTTER. Dickinson and Mandan, N. Dak., to New York and Massachusetts, 179.

Marshfield, Carthage, and Kansas City, Mo., and Wakeeney, Kans., to Chicago, Ill., transited and reshipped to Atlanta, Ga., Charlotte, N. C., and Jacksonville, Fla., 398.

CABINETS, REFRIGERATOR, ELECTRIC. Mansfield, Ohio, to Oklahoma City, Okla., and Dallas, Houston, and San Antonio, Tex., 367.

CAKE, COTTONSEED. Southern territory to Gulf ports, for coastwise, intercoastal, and export movement, 791.

CARBON BLACK. Louisiana, Oklahoma, Texas, and other points to Gulf of Mexico ports (for export or coast wise movement), United States, and Canada,

278.

CARRIERS, BOTTLE, WOODEN. Official territory, 669.

CEMENT. United States, 41 (124).

CHANNELS, STEEL. Indiana Harbor, Ind., and South Chicago, Ill., to Nashville,

Tenn., transited and reshipped to Coal Creek, Tenn., 4.

CHASSIS. Dallas, Tex., to Amarillo, Archer City, Dalhart, Olney, Paris, Quanah, Shamrock, Vernon, Wellington, and Wichita Falls, Tex., 705.

CHEESE. Ashland, Wis., to north Pacific coast points, 720.

CLAY PRODUCTS. United States, 41 (126).

COAL. Alabama, Tennessee, and Kentucky to Georgia, 391.
Colorado and New Mexico to Memphis, Tex., 233.

COAL, ANTHRACITE. United States, 41 (49, 104, 139).

COAL, BITUMINOUS. Reynoldsville, Freeport, Pittsburgh, and Connellsville districts, Pa., to Buffalo, N. Y., and points taking same rates, 265.

United States, 41 (48, 101, 139).

COCONUT, DESICCATED. San Francisco, Calif., and Seattle, Wash., to New York, N. Y., 239.

801