the remodeling of the consignor's plant at the time there was lack of space to store the freight for carload shipment and the shortage of man power during that war period contributed to its decision to ship as less-than-carload traffic. Shipments consigned to plaintiff by the same consignor, after remodeling in its plant was completed, were tendered to the railroads as carload shipments. The change in routing from "the C. & O. Package Car at Chicago" was instructed by the consignor, after the origin railroad's agent had called its attention to the fact that rates via the New York Central and Cincinnati, viz., $1.37 and $1.29 per hundred pounds, were cheaper than applied via Chicago, $1.91 and $1.80, respectively, or an aggregate saving of $616.27 on the shipments involved, so that the handling given this freight by the defendants conformed to the shipper's instructions. The deposition of the consignor's representative to this effect was corroborated by testimony of the railroad agent at Elkhart, and not controverted by plaintiff.

In addition to the foregoing evidence, defendants introduced the rules of the governing Southern Classification, naming the conditions and circumstances under which carload or less-than-carload rates are applied, from which it appears that certain pertinent provisions were omitted in the Commission's quotation of the classification rules on page 796 of its report (266 I. C. C. 795, 796). For example, the quoted portion of Rule 16 neglects to include the words "subject to Rule 15," the latter rule stating "that the provisions of this rule (for applying carload charges on LCL shipments) will not apply on shipments on which pick-up or delivery service has been performed." A pick-up service was performed by the origin line in connection with each of the shipments involved. In a more recent report by a Division of the Commission (consisting of three Commissioners) the same tariff rules were considered in their entirety, in connection with a shipment on which similar pick-up service was performed at point of origin and delivery at destination made direct to complainant, and the division there held (contrary to the ruling of the Commissioner here) that carload rate was inapplicable because rule 15 of the classification "specifically excludes shipments that have been accorded pick-up service. The less-than-carload rate charged was the applicable rate. Radcliff Gravel Company v. Gulf, M. & O. R. Co., 272 I. C. C. 301, 303.

Defendants also introduced in evidence general orders Nos. 1 and 18 (Revised) of the Office of Defense Transportation, which were designed to conserve railroad equipment in aid of the war effort and in effect at the time these shipments moved. The first named directive prohibited any railroad from accepting or forwarding a car containing less than 10 net tons of merchandise, except under certain described conditions not pertinent here. The weight of the freight loaded in two of the cars did not exceed 18 tons and that in the third car was 21.33 tons. This freight was delivered to the origin railroad in small truckloads on three days in respect of the contents of one of the cars and on two days in the

case of the other two, so that forwarding any one of these cars with the amount of freight delivered to the railroad on any one day would have been in violation of O. D. T. Order No. 1. In like manner, while O. D. T. Order No. 18 permitted the origin line to forward as less than carload shipments the amount of freight loaded in the cars used, the weights shipped were inadequate under the O. D. T. regulation to permit of forwarding them as carload shipments, since they were much below the marked capacities of the cars used and otherwise failed to meet the specified loading requirements. The Commission's report dismisses O. D. T. Order No. 18 from consideration on the ground that the order did not affect tariff minima, but such retroactive nullification of O. D. T. directives does not alter the fact that the railroads, in accepting freight for transportation, were bound by their provisions no less than other governmental regulations promulgated in aid of the war effort and for national defense.

(2) Defendants also introduced in evidence tariff provisions covering carload and less-than-carload freight rates in proof of their contention that the rates considered and applied by the Commission were not rates published in their tariffs to apply on the Automobile Body Parts, which the plaintiff admittedly shipped, but were rates designated on such unrelated articles as "Building Metal Work, including Roof Trimmings or Gutterings or Ventilators." In the light of these tariff provisions, I am of the opinion that the Commission proceeded in this case under a misapprehension as to tariff rates applicable. The plaintiff is engaged in manufacturing freight automobile cabs and bodies, not Building Metal Work. See Willamette Iron & Steel Works v. Baltimore & O. R. R. Co., 26 F (2d) 522, at p. 523 (affirmed in 29 F (2d) 80). Moreover, the showing of defendants with respect to these tariff data, and the proof that even if the carload rates on Automobile Body Parts were applied to the Automobile Body Parts involved here, they would produce higher charges than the application of less than carload charges on Building Metal Work, etc., to the weights used, is not contradicted or challenged by the plaintiff.

The findings of the Interstate Commerce Commission in this proceeding are not supported by substantial evidence and the order of the Commission is invalid.

* Elected to membership July and August, 1949.

Meetings of Regional Chapters

District No. 1 Chapter

Henry E. Foley, Acting President, 10 Post Office Square, Boston, Massachusetts.

Atlanta

Paul H. Hardin, Chairman, A.T.M., The Coca Cola Company, 310 North Avenue, N. W., Atlanta, Georgia.

Baltimore Chapter

Levin J. Canter, Chairman, Division T. M., Koppers Company. Bartlett-Hayward Division, P. O. Box 298, Baltimore 3, Maryland. Members of the National Association are cordially invited to attend any of the regular dinners or meetings of the Baltimore Chapter.

Chicago Chapter

Erle J. Zoll, Jr., Chairman, Illinois Central Railroad, 135 East 11th Place, Chicago 5, Illinois.

Meets: 12.15 P. M. First Friday of each month at the Traffic Club Rooms of the Palmer House, Chicago.

Denver Chapter

A. J. Tait, F.T.M., Chairman, Rio Grande Motor Way, Inc., 775 Wazee Street, Denver 4, Colorado.

District of Columbia Chapter

Roland Rice. Chairman, Ass't Gen'l Counsel, Association of American Railroads, Transportation Building, Washington 6, D. C.

Meets bi-monthly, second Tuesday.

Out-of-town members are invited to attend the luncheons of the D. C. Chapter when in Washington. However, notice of such intention must be transmitted to the Executive Secretary by 10.30 of the day of the luncheon so that reservation can be made.

Michigan Chapter

Harold Z. Frederick, Chairman, R. C. Mahon Company, 8650 Mt. Elliott Avenue, Detroit 11, Michigan.

N. B.: Members within each of the several districts may at their own expense with the approval of the vice-president of the district, organize and maintain district and local chapters which may send delegates to annual or other meetings of the Association. Such chapters must conform to the constitution and by-laws of the Association, provided, however, that membership in the Association of Interstate Commerce Commission Practitioners shall be deemed condition precedent to membership in any chapter. (Constitution-section 5, Article IV.)

(Sample charter, i.e., that of the District of Columbia Chapter, will be found on pages 120-122 of December, 1939, JOURNAL.)