the joint through class rate of 43c per
100 Ibs., minimum 18,000 Ibs. Contem-
poraneously there was a rate of lOc
per 100 Ibs. via the C. M. & St. P.
R. R. to Chicago, 20,000 Ibs. minimum,
and 22c via the L. S. & M. S. R. R.
to Kalamazoo, 18,000 Ibs. minimum.
HELD, the minimum weights on all
carload shipments are to be consid-
ered as part of the rates and the mere
fact that a minimum applicable to parts
of a combination of rates may be
higher or lower than the minimum ap-
plicable to the joint through rates
does not overcome the presumption of
unreasonableness in a joint rate and
minimum in excess of the sum of the



MINIMUMS, 7 (h)_ (o)



503



local and resulting from the respective
minima applicable thereto. Were the
contrary to be held carriers by simply
making different minima on local and
through shipments could carry all
through traffic via gateways they might
select on higher charges than would
result from combinations of locals
through the same gateway. Repara-
tion awarded. Lull Carriage Co. v. C.
K. & S. Ry. Co., 19 I. C. C. 15.

(h) A 20,000-lb. minimum is excess-
ive as applied to consignments of empty
beer kegs in refrigerator cars, but
the same conclusion cannot be reached
with respect to empty kegs and bottles
mixed or to straight shipments of
empty bottles. Miller Brewing Co. v.
C. M. & St. P. Ry. Co., 19 I. C. C.
590.

(i) Prior to November 1, 1908, the
minimum on iron fences in carloads
from Brighton, O., to Tombstone, Ariz.,
was 30,000 Ibs., which upon said date
was raised to 36,000 Ibs., the rate re-
maining $1.94. Complainant made a bid
to furnish an iron fence in Tombstone
in June, 1908, which bid was not ac-
cepted until September, the shipment
being made in November. The bid
was made after taking into considera-
tion the existing freight rate. No evi-
dence of the unreasonableness of the
increased minimum was offered except
the fact of said increase. HELD, the
increased minimum was not shown to
be unreasonable. Barnum Iron Works
v. C. C. C. & St. L. Ry. Co., 18 I. C. C.
94, 95.

(j) An increased minimum cannot be
condemned merely because a contract
is made by a shipper based on the
lower minimum. Barnum Iron Works
v. C. C. C. & St. L. Ry. Co., 18 I.
C. C. 94.

(k) A carload minimum of 30,000 Ibs.
on lime from Ash Grove, Mo., to Pine
Bluff and Laramie is unreasonable to
the extent that it exceeds 24,000 Ibs.
in view of the necessity for a low
minimum due to the perishable nature
of the commodity and of the fact that
said lower minimum is applied by de-
fendant to practically all points to
which through rates are provided and
of the further fact that the 24,000 Ibs.
minimum is accorded to complainants'
competitors located at Quincy and
Hannibal, Mo. Sunderland Bros. Co. v.



St. L. & S. F. R. R. Co., 18 I. C. C. 545,
546.

(1) On carloads of sheep from points
in California to Tacoma, Wash., com-
plainant ordered double-deck cars and
was furnished single-deck cars. Defend-
ant's tariff provided that on double-
deck cars a charge of 170 per cent of
the rate on single-deck cars would be
charged, and that if the company could
not furnish the double-deck equipment
the single-deck car rates would be
charged. Defendant, at the time of
the shipments in question, had no
double-deck cars available and the evi-
dence indicated that on account of
curves, tunnels and grades on its line
the use of double-deck cars was not
practicable. Complainant also attacked
the rates charged as unreasonable and
offered in evidence comparative rates
on shipments of sheep westbound into
Tacoma, and of cattle northbound into
Tacoma. HELD, the provision in the
tariff relating to single-deck charges
was not unreasonable, and the evidence
of comparative rates was not sufficient
to establish the unreasonableness of
defendant's rates. Carstens Packing Co.
v. S. P. Ry. Co., 17 I. C. C. 6.

(m) Following the decision in
Montague & Co. v. A. T. & S. F. Ry.
Co., 17 I. C. C. 72, defendants are held
properly to have instituted a sliding
scale of minima for shipments of fur-
niture from eastern points of origin
to the Pacific Coast above the minima
prescribed in said decision for cars
40 feet in length. Sliding scale held to
be reasonable; complaint dismissed.
Pease Bros. Furniture Co. v. S. P. L.
A. & S. L. R. R. Co., 17 I. C. C. 223,
224.

(n) Tariffs in effect at time of move-
ment provided for a minimum of 24,000
Ibs., while complaint alleged such
minimum to have been 30,000 Ibs. and
that charges were based on the latter
minimum. Based upon 24,000-pound
minimum there has been an overcharge,
for which reparation will be awarded.
James & Abbot Co. v. B. & M. R. R.
Co., 17 I. C. C. 273.

(o) On a carload of hand agricul-
tural implements, weighing 24,617 Ibs.,
from Wallingford, Vt., to Denver, Colo.,
complainant was assessed 31c, minimum
24,000 Ibs., to the Mississippi River, and
$1.07, minimum 30,000 Ibs., from the
river to Denver. A commodity rate of



504



MINIMUMS, 7 (p) (u)



27c, minimum 30,000 Ibs., was in effect
from the Mississippi River to the Mis-
souri River; a commodity rate of 80c,
minimum 30,000 Ibs., from the Mis-
souri River to Denver. The class rate,
minimum 24,000 Ibs., from the Missis-
sippi River to the Missouri River was
35c; from the Missouri River to Denver
80c. The commodity rate with a min-
imum of 30,000 Ibs. would produce a
less charge between the rivers than
the class rate, but from the Missouri
River to Denver the commodity rate
and the class rate were the same, al-
though the minima were different.
HELD, the minimum applied from the
Missouri River to Denver should not
have exceeded the 24,000-lb. minimum
prescribed for the class rate between
said points. Reparation awarded.
George Tritch Hardware Co. v. Rutland
R. R. Co., 17 I. C. C. 542.

(p) On shipments of carloads of to-
bacco from Kentucky to Laredo, thence
over the line of the Mexican National
railroad to Monterey, Mex., complain-
ant was assessed on the basis of a
minimum of 33,069 Ibs., the actual
weight of shipments being less than
said minimum. From 1900 to 1903, the
minimum over the lines in question was
20,000 Ibs.; from 1903 to .1907, 22,046
Ibs.; from October 5, 1907, to June 5,
1908, 33,069 Ibs., and after June 5, 1908,
27,558 Ibs. The shipments in question
moved between October 8 and Decem-
ber 6, 1907. It was impossible to load
into cars not exceeding 40 feet in
length 33,069 Ibs. of tobacco in hogs-
heads, and lower minima prevailed in
other territory. HELD, the 33,069-lb.
minimum was unreasonable and the
minimum should not have exceeded
27,558 Ibs. Reparation awarded on the
basis of said lower minimum. Black
Horse Tobacco Co. v. I. C. R. R. Co.,
17 I. C. C. 588, 589.

(q) In determining a reasonable car-
load minimum for strawberries and
peaches, the interest of the shipper
demands that the minimum should be
fixed as high as the product may be
carried under the most advantageous
circumstances, and that the rate should
be made as low as possible, based
on this high minimum, since if the
shipper deems it advantageous to ship
fewer crates in a car the only penalty
upon him is that he will have to pay
a somewhat higher rate per crate de-
pending upon how much below the



minimum he loads. Ozark Fruit Grow-
ers' Ass'n v. St. L. & S. F. R. R. Co.,
16 I. C. C. 106, 109.

(r) The carload minimum for re-
frigeration on strawberries and peaches
must be the same as that for trans-
portation. Ozark Fruit Growers' Ass'n
v. St. L. & S. F. R. R. Co., 16 I. C.
C. 106, 108.

(s) Complainant attacked the mini-
ma of 17,000 and 20,000" Ibs. on straw-
berries and peaches respectively on
shipments from points in the Ozark
country, in southwestern Missouri and
northwestern Arkansas, to various
points east and west. A refrigerator
car is physically capable of carrying
1,523 crates of strawberries, while the
17,000-lb. minimum amounts to only
567 crates. It appeared that shippers
of strawberries in nearly all cases load-
ed up to the minimum, finding it to
their advantage to take the chance
of imperfect refrigeration rather than
pay the extra charge which would
follow from - loading below the mini-
mum. With proper refrigeration it ap-
peared the 17,000-lb. minimum might
be safely carried. This minimum on
strawberries compared favorably with
that in force on shipments from points
in Tennessee and Mississippi. HELD,
the minima on strawberries and peaches
were reasonable and should not be re-
duced. Ozark Fruit Growers' Ass'n v.
St. L. & S. F. R. R. Co., 16 I. C. C.
106, 109, 110.

(t) Complainant on a carload of
coiled elm hoops weighing 24,000 Ibs.,
shipped from Cardington, O., via Coster,
111., to Green Bay, Wis., was charged
24 1 /c. The rate from Cardington, O.,
to Coster, 111., on a minimum of 24,000
Ibs. was HMjc; from Coster to Green
Bay on a minimum of 30,000 Ibs., 8^c.
Under these rates and minima the
charge would have been $53.10. The
charges under the 24 y 2 c rate assessed
were $58.80. HELD, complainant was
entitled to $5.70 reparation, being the
difference. Coster, 111., to Green Bay
minimum of 30,000 Ibs., held to be rea-
sonable following Oshkosh Logging Tool
Co. v. C. & N. W. Ry. Co., 14 I. C.
C. 109. W. Noble v. C. M. & St. P.
Ry. Co., 16 I. C. C. 420, 421.

(u) On a package of plate glass 8
feet square and weighing 900 Ibs., from
St. Paul, Minn., to Douglas, N. D.,
complainant was assessed the first class



MINIMUMS, 7 (v) (bb)



505



rate of $1.11 on a minimum of 5,000
Ibs. The value of the glass was $46
and freight charges collected were
$55.50. Defendant's rules provided that
said rate exacted should apply to plate
glass exceeding iy 2 ft. in length. Said
rule was adopted when with the size
of the cars then in use an article of
said length would have to be loaded on
a flat car. On account of the increase
in the size of the cars, it was easily
loaded in a furniture box car. HELD,
the minimum was unreasonable. Repa-
ration awarded on the basis of actual
weight. Bennett v. M. St. P. & S. Ste.
M. Ry. Co., 15 I. C. C. 301, 303.

(v) Defendants' tariff provided a
carload minimum of 60,000 Ibs. on wheat
from Kansas City to Galveston for
export. Complainant loaded into a
50,000 Ibs. capacity car its maximum
capacity of 55,000 Ibs. and was assessed
the minimum of 60,000. Defendants
had over 1,200 cars of 40,000 Ibs. capac-
ity, 663 of 50,000 Ibs., and 125 of 28,-
000 Ibs. Other carriers of wheat for
export from Kansas City to New Or-
leans at the same rate charged com-
plainant made the marked capacity of
the car the minimum. HELD, said
minimum was unreasonable. Repara-
tion awarded on the basis of actual
weight. Rosenbaum Grain Co. v. M.
K. & T. Ry. Co., 15 I. C. C. 499,
500.

(w) Defendants advanced the mini-
mum on building stone from 30,000 Ibs.
to 40,000 Ibs. Complainant, in shipping
104 cars of the commodity from Barre,
Vt., was unable to load to this minimum
on 24 of tne cars on account of the
fact that the stones could not be
placed one upon another. The cars
furnished by the initial carrier were
less than standard length and width.
The experience of other quarries was
that no difficulty was experienced in
loading to a minimum of 40,000 Ibs.
upon standard cars. HELD, a mini-
mum of 40,000 Ibs. was unreasonable
and unjust; that a minimum of 36,000
Ibs. should be established upon cars
36 ft. in length and over, and of 30,-
000 Ibs. upon cars of less than 36 ft.,
and that reparation should be awarded
for the excess paid over and above what
would ha-e been paid upon the minimum
ordered to be established. Tayntor
Granite Co. v. Montpelier & Wells
River R. R. Co., 14 I. C. C. 136, 137.



(x) Where on four carloads of gran-
ite shipped from Barre, Vt., to Lester-
shire, N. Y., 17c per 100 Ibs. was col-
lected upon a minimum of 40,000 Ibs.,
the cars being less than 36 feet in
length, the charges should have been
assessed upon a minimum of 30,000
Ibs., and the consignee is entitled to
recover the excess with interest. Tayn-
tor Granite Co. v. Montpelier & Wells
River R. R. Co., 14 I. C. C. 136, 138.

(y) One carload of building granite
shipped from Barre, Vt., to Chesaning,
Mich., was assessed at the 1. c. 1.
rate of 29c per 100 Ibs. The car
weighed 26,100 Ibs. and was less than
36 ft. in length. HELD, it should have
been assessed at the carload rate of
21c upon a 30,000-lb. minimum and com-
plainant was entitled to recover the
overcharge with interest. Jones Bros.
Co. v. Montpelier & Wells River R. R.
Co., 14 I. C. C. 139.

(z) Three carloads of building gran-
ite shipped from Barre, Vt., to Troy,
N. Y., were assessed at 15c per 100
Ibs. upon a minimum carload weight
of 40,000 Ibs. The cars were less
than 36 ft. in length and each carried
a load exceeding 30,000 Ibs. HELD,
the assessment should have been based
upon the actual weights, and complain-
ant was entitled to recover the over-
charge with interest. Jones Bros. Co.
v. Montpelier & Wells River R. R., 14
I. C. C. 140.

(aa) One carload of building gran-
ite shipped from Barre, Vt, to Bush-
wick Junction, L. I., N. Y., was assessed
at 20c per 100 Ibs. upon a minimum
of 40,000 Ibs. The car was less than
36 ft. in length and the actual weight
carried 32,900 Ibs. HELD, it should
have been assessed at the actual
weight and the complainant was enti-
tled to recover the overcharge with
interest. Jones Bros. Co. v. Central
Vermont Ry. Co., 14 I. C. C. 141.

(bb) One carload of building gran-
ite was shipped from Barre, Vt., to
Bushwick Junction, L. I., N. Y., and
was assessed at 20c per 100 Ibs. on
a minimum of 40,000 Ibs. The car was
less than 36 ft. in length and carried
an actual weight of 30,600 Ibs. HELD,
it should have been assessed at actual
weight, and complainant was entitled
to recover the overcharge with interest.
Jones Bros. Co. v. Central Vermont Ry.
Co., 14 I. C. C. 142.



506



MINIMUMS, 7 (cc) (ii)



(cc) One carload of building granite
was shipped from Barre, Vt., to Scran-
ton, Pa., and assessed at 17c per
100 Ibs. on a minimum of 40,000 Ibs.
The car was less than 36 ft. in length
and carried 39,400 Ibs. HELD, it should
have been assessed at actual weight,
and complainant was entitled to re-
cover the overcharge with interest.
Jones Bros. Co. v. Central Vermont Ry.
Co., 14 I. C. C. 143.

(dd) One carload of building granite
shipped from Barre, Vt., to Chesaning,
Mich., carrying an actual weight of 31,-
900 Ibs., was assessed at 20c per 100 Ibs.
upon a minimum of 40,000 Ibs., the car
being less than 36 ft. in length. HELD,
it should have been assessed at actual
weight, but at the rate of 21c, and
complainant was entitled to recover
the overcharge with interest. Jones
Bros. Co. v. Montpelier & Wells River
R. R., 14 I. C. C. 144.

(ee) Two carloads of building gran-
ite shipped from Barre, Vt., to Spring-
field, Mass., in cars less than 36 ft.
in length and containing each an actual
weight of less tha.i 30,000 Ibs., were as-
sessed at 15c per 100 Ibs. upon a mini-
mum of 40,000 Ibs. HELD, they should
have been assessed at a minimum of
30,000 Ibs. and complainant was entitled
to recover the excess with interest.
Jones Bros. Co. v. Montpelier & Wells
River R. R., 14 I. C. C. 145.

(ff) Five carloads of building gran-
ite shipped from Barre, Vt., to Wood-
lawn, N. Y., in cars less than 36 ft.
in length, each carrying more than
30,000 Ibs. actual weight, were assessed
at 15c per 100 Ibs. upon a minimum of
40,000 Ibs. HELD, they should have
been assessed at actual weights and
complainant was entitled to collect
the excess with interest. Lazarri &
Barton Co. v. Montpelier & Wells
River R. R., 14 I. C. C. 146.

(gg) Complainant, wholesale and re-
tail hay merchants of Kansas City and
vicinity, attacked the 19,000 and 22,000
Ibs. minima applicable respectively on
34 and 36 ft. cars. The so-called 34-ft.
car of defendants varied in length from
32 ft. 11 in. to 34 ft.; in width from

7 ft. 8 in. to 8 ft. 10 in.; and in
height from 6 ft. 1 in. to 8 ft. The
36-ft. cars ranged from 36 ft. to 36 ft.

8 in. in length; from 8 ft. 3 in. to 8
ft. 6 in. in width, and from 6 ft. 9 in. to



8 ft. in height. Of the hay cars coming
into Kansas City and consigned to com-
plainants, some 65 to 70 per cent were
loaded to or in excess of the minima
attacked, and some 90 per cent of the
cars outbound were likewise so loaded.
Of some 2,000 cars loaded under the
minimum required, some 1,299 of the
34-ft. cars contained loads actually
weighing on an average 17,505 Ibs. and
some 654 36-ft. cars contained loads
actually weighing on an average 20,358
Ibs. The density of the bales of hay
handled by complainants was consid-
erably less than that of other shippers
throughout the country generally, re-
sulting in inability on their part to
load as heavily as other shippers. Com-
plainants did not attack the hay rate
itself as unreasonable. HELD, the min-
ima attacked with respect to the so-
called 34 and 36 ft. cars should not
be disturbed except as to cars having
a height of 6 ft. 9 in. and less; for a
34-ft car of such height or less a mini-
mum of 17,500 Ibs. should be estab-
lished, and for a 36-ft. car of such
length or less, a minimum of 20,000 Ibs.
Kansas City Hay Dealers' Ass'n v. M.
P. Ry. Co., 14 I. C. C. 597, 603.

(hh) On a carload of corrugated
iron from Newport, Ky., to Globe, Ariz.,
complainant was assessed a through
rate of $2.08 per 100 Ibs., minimum 30,000
Ibs. The combination of locals was
$1.68, minimum 30,000 Ibs. Subsequent to
the shipment in question defendants
established a joint through rate of $1.68,
minimum 36,000 Ibs. Complainant of-
fered no evidence that 36,000 Ibs. mini-
mum was unreasonable. Defendants
admitted the $2.08 rate to be unreason-
able, but did not admit the same with
respect to the 36,000-lb. minimum. HELD,
ithe $2.08 rate was excessive, but repa-
ration on the basis of the $1.68 rate
must be Computed on the 36,000 and not
on the 30,000 Ib. minimum. Gus Momsen
& Co. v. Gila Valley, Globe & Northern
Ry. Co., 14 I. C. C. 614, 615.

(ii) Defendants prescribed a mini-
mum of 24,000 Ibs. on 36^-ft. cars of
cattle originating west of a line drawn
from Mandan, N. D., to Velva, Canada.
This minimum had been in force for
many years without complaint from
shippers. East of this line a lower
minimum was prescribed. The reason
for such discrimination was that the
bulk of cattle originating west of the
line was fattened and would load easily



M1N1MUMS, 7 (jj) (XX)



507



in excess of the minimum required. No
evidence was offered to show that the
rates as practically applied under the
minimum were unreasonable. HELD,
the demand for a lower minimum and
for reparation should be denied. Reed
v. C. M. & St. P. Ry. Co., 14 I. C. C.
616, 618.

(jj) Complainant attacked the less-
than-carload rate of $1.79 on cotton
piece goods from New England produc-
ing points to Denver and asked for the
establishment of carload rates. The
less-than-carload rate to Pacific coast
terminals was $1.50 and the carload
rate $1 on cotton piece goods and 90c
upon coarser grades. It is 2,000 miles
to Denver and 1,400 miles from Den-
ver to San Francisco. Water competi-
tion determined the rail rates between
the Atlantic seaboard and the Pacific
Coast. HELD, it must be presumed
that the Pacific coast rates, though
established by water competition, were
compensatory to defendants and that
the less-than-carload rates to D-enver
should not exceed $1.50; but that car-
load rates should not be established,
the almost universal practice being
against the establishment of such rates.
Merchants' Traffic Ass'n v. N. Y. N. H.
& H. R. R. Co., 13 I. C. C. 225, 228.

(kk) Minimum fixed by defendants
condemned as too high. Peerless Agen-
cies Co. v. A. T. & S. F. Ry. Co., Unrep.
Op. 33, 34, 35.

(11) Greater minimum, inserted in
tariff through error, subsequently cor-
rected; reparation awarded on basis of
lower minimum. Acme Cement Plaster
Co. v. C. R. I. & P. Ry. Co., Unrep. Op.
56.

(mm) Reparation awarded on ac-
count of unreasonable minimum. Mil-
waukee Beer Co. v. T. & P. Ry. Co.,
Unrep. Op. 61.

(nn) Reparation awarded on ship-
ment of cast-iron pipe from Cleveland,
O., and Bessemer, Ala., to Wessington
Springs, S. D., the weight of which was
less than the carload minimum of 30,000.
United States Cast Iron Pipe & Foun-
dry Co. v. L. S. & M. S. Ry. Co., Unrep.
Op. 67.

(oo) Reparation awarded on basis of
lower minimum voluntarily established
on beer. Pabst Brewing Co. v. E. P.
& S. W. R. R. Co., Unrep. Op. 109, 110.



(pp) Reparation awarded on ship-
ment of cement from Chanute, Kan., to
Whitewood, S. D., on account of unrea-
sonable minimum. Sunderland Bros.
Co. v. C. & N. W. Ry. Co., Unrep. Op.
148.

(qq) Minimum applied to shipments
of pulp wood from points in Minnesota
to Appleton, Wis., found excessive and
reparation awarded. Wisconsin Pulp &
Paper Mfrs. v. C. M. & St. P. Ry. Co.,
Unrep. Op. 224.

(rr) Minimum weight applied to
shipments of pulp wood found excessive
and reparation awarded. Wisconsin
Pulp- & Paper Mfrs. v. D. & R. I. R. R.
Co., Unrep. Op. 225.

(ss) The minimum weight of 30,000
Ibs. on potatoes from Cane Brake, Tex.,
to St. Louis, when destined to points
east of the Indiana-Illinois state line,
found unreasonable, when compared
with the minimum of 24,000 Ibs. on such
shipments to St. Louis proper. Repara-
tion awarded. Miller & Co. v. G. H. &
S. A. Ry. Co., Unrep. Op. 249.

(tt) A minimum weight on carload
shipments, exceeding that granted to
complainant's competitors in the same
territory by tariff in which defendant
joined. HELD, to be discriminatory,
and reparation awarded. American Ce-
ment Plaster Co. v. C. R. I. & P. Ry.
Co., Unrep. Op. 285.

(uu) Minimum applied to shipments
of empty beer packages instead of ap-
plying any-quantity basis. Reparation
awarded. Milwaukee-Waukesha Brewing
Co. v. C. & N. W. Ry. Co., Unrep. Op. 294.

(vv) Carload minimum weight on
washing-machine tubs should not exceed
actual weight. Reparation awarded.
Thistle Mfg. Co. v. C. M. & St. P. Ry.
Co., Unrep. Op. 299.

(ww) Joint rate which exceeds com-
bination of intermediates, with varying
minima, held unreasonable and repara-
tion awarded. Stacy & Sons v. C. B. &
Q. R. R. Co., Unrep. Op. 343.

(xx) Reparation awarded on ship-
ments of brass bedsteads from Cleve-
land, O., to San Francisco, Cal., on
basis of minimums established in Mon-
tague & Co. v. A. T. & S. F. Ry. Co., 17
I. C. C. 72. Walter & Co. v. L. S. & M.
S. Ry. Co., Unrep. Op. 350.



508



MINIMUMS, 7 (yy) 8 (f)



(yy) Actual weight of shipment lower
than prescribed minimum not found un-
reasonable. Kaye & Carter Lumber Co.
v. N. P. Ry. Co., Unrep. Op. 392.

(zz) Minimums on two carloads of
fleshings and glue stock from New York
to Chicago not found unreasonable.
Barr Chemical Works v. P. & R. Ry.
Co., Unrep. Op. 473.

(aaa) Minimum applied to the trans-
portation of burlap bags found unreason-
able; reduction ordered and reparation
awarded. Sallisaw Cotton Oil Co. v. St.
L. I. M. & S. Ry. Co., Unrep. Op. 484.

(bbb) Minimums reduced shortly after
movement. HELD, higher minimum un-
reasonable and reparation awarded. Wis-
consin Bridge & Iron Co. v. C. M. & St.
P. Ry. Co., Unrep. Op. 582.

8. Two Cars for One.

See Bills of Lading, 5.

(a) Where carriers by their tariffs
specify minima for large size cars they
should further provide that when such
cars are not available two smaller cars
may be used under such circumstances
as will fairly protect the minimum spec-
ified for the larger car. Noble v. B.
& O. R. R. Co., 22 I. C. C. 432, 437.

(b) Complainant shipped sugar from
New Orleans, La., to Sioux City, la.
He had a sufficient number of barrels to
make more than one carload and less
than two carloads. He took bills of
lading for the shipments and was as-
sessed a carload rate on one and the
less-than-carload rate on the other.
Western Classification contained a rule
as follows: "When the minimum car-
load weight or more of one article is
shipped in one day, by one consignor
to one consignee, covered by one bill of
lading, the established rate for a car-
load shall apply on the entire lot
although it may be less than two or
more full carload lots." HELD, under