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Communications submitted to the committee-Continued

Hollingsworth, Roy S., letter dated July 25, 1962.......

Hollis, C. G., Viking Freight Co., letter dated August 10, 1962...
Horn, J. H., vice president and branch manager, Central Woodwork,
Inc., letter dated July 27, 1962__

Page

719

683

719

Howard, N. F., secretary and treasurer, Funk Manufacturing Co.,
letter dated August 7, 1962_.

734

715

726

Jaye, Lloyd, Jaye Manufacturing, Inc., letter dated August 23, 1962__
Joh, Walter B., J & L Feed & Supply, letter dated August 8, 1962 683, 733
Johnson, J. Edward, president, Brownwood Chamber of Commerce,
letter dated August 15, 1962, with enclosure re resolution adopted
by board of directors.

Johntz, J. H., Garvey Grain, Inc., letter dated August 7, 1962__.
Kaplan, Leonard P., president, Art Furniture Manufacturing Co.,

731
734

Inc., letter dated July 12, 1962.

689

[blocks in formation]

Lawson, Roy C., assistant traffic manager, Des Moines Steel Co.,
letter dated August 10, 1962___

732

Mitchell, A. C., Jr., Eufaula Hardware Co., letter dated July 11, 1962-
Moore, Í. E., Moore Brokerage Co., letter dated July 20, 1962-----
Murphy, Rupert L., Chairman, Interstate Commerce Commission,
letter dated July 19, 1962..

Newcome, R. B., Pugh & Co., letter dated July 26, 1962-

Nichols, Luther A., executive vice president, California Manufac-
turers Association, letter dated July 18, 1962--

710

713

161

690

707

Norton, C. Wilson, secretary, Southeast Construction Co., Inc., letter
dated July 24, 1962__.

699

O'Brien, Chas. Á., president, Security Bonded Warehouse, Inc., letter
dated September 17, 1962--

682

Patton, James G., president, National Farmers Union, telegram
dated July 24, 1962--

677

Perry, Wade B., president, Barbour Chip Co. Inc., letter dated July
12, 1962_

688

Petitfils, A. J., president, A. J. Warehouse, Inc., letter dated July
23, 1962

717

Communications submitted to the committee

Pommier, Mrs. W. M., letter dated July 12, 1962__.
Potter, Minford E., secretary-treasurer, Carthage Marble Corp.,
letter dated August 1, 1962

[blocks in formation]

Reisz, A. I., manager, Ohio Valley Soybean Co-operative, letter
dated July 19, 1962.

712

Richeson, Edward R., president, W. L. Richeson & Sons, Inc., letter
dated July 30, 1962___

[blocks in formation]

Ritchie, H. D., president, Allen's, Inc., letter dated August 8, 1962-
Ritchie, W. E., traffic manager, Meredith Printing Division of Mere-
dith Publishing Co., letter dated August 6, 1962--
Robinson, K. W., president, Herrett Trucking Co., Inc., letter dated
July 10, 1962_

733

735

701

Runge, W. H., Jr., vice president, Alabama Marble Co., letter dated
July 23, 1962

720

Rushton, D. C., Walton Seed Co., letter dated July 17, 1962__.
Sanders, Edward R., managing director, Alaska Carriers Association,
Inc., letter dated June 6, 1962_..

714

697

Sauer, A. L., traffic manager, Des Moines Steel Co., letter dated
August 10, 1962_

732

Schneikart, A. P., letter dated August 1, 1962.
Schwartz, B. M., letter dated July 30, 1962...

722

720

Scruggs, H. W., manager, Maxwell Bros., Inc., letter dated July 12,
1962

Shattuck, B. H., attorney, letter dated July 25, 1962, enclosing letter
sent to Senators Allott and Carroll and Representative Cheno-
weth__

Shaver, George H., chairman, Columbia Basin River Operators, letter
dated August 1, 1962..

[blocks in formation]

Sherber, Ray D., president, Brewton Chamber of Commerce, letter
dated July 18, 1962-

716

Simkins, L. H., president, Simkins Seed Co., letter dated August 3,
1962_

725

Siskin, Garrison, Siskin Steel & Supply Co., letter dated July 16, 1962_-
Smith, Milan D., National Canners Association, letter dated July 17,
1962__.

710

713

Smith, Verne P., president, University Avenue Coal Co., Inc., letter
dated August 3, 1962.

723

Strang, R. M., Strang Grain Co., letter dated July 19, 1962-

715

Taylor, Francis L., traffic manager, Anaheim Cold Storage, Inc., letter
dated July 31, 1962__

689

Taylor, Thomas E., letter dated August 2, 1962..

722

Templeton, R. L., TreeSweet Products Co., letter dated July 25, 1962-
Thompson, G. W., owner-manager, Distributors Warehouse, letter
dated July 16, 1962.

705

711

Tuck, A. D., manager, the Hankins Container Co., letter dated August
10, 1962

Triggs, Matt, assistant legislative director, American Farm Bureau
Federation, letter dated July 30, 1962__

343

732

Turner, Dan O., general manager, Turner Clay Products Co., letter
dated July 24, 1962__

717

Underwood, D. A., letter dated July 13, 1962.

708

Viviano, S. T., Viviano Enterprises, Inc., letter dated September 17,
1962_

682

Walker, John W., secretary-treasurer, Waynesboro Fertilizer Co.,
letter dated August 3, 1962..

725

Weaver, Fred D., Weaver & Co., letter dated July 12, 1962_
White, Jim, traffic manager, Green Bay Food Co., letter dated July 12,
1962.

717

707

Wilke, W. D., vice president, Vegetable Oil Products Co., Inc., letter
dated August 13, 1962.

684

Wilkins, J. Š., Sylacauga Calcium Products Co., letter dated July 19,
1962.

713

Communications submitted to the committee

Continued
Williams, J. Paul, executive secretary, Virginia State Poultry Federa-
tion, Inc., letter dated August 27, 1962__.
Williams, T. Y., T. Y. Williams Grain Co., letter dated July 18, 1962..
Wilson, Mark K., Jr., Mark K. Wilson Co., letter dated July 17, 1962.
Wilson, Mrs. R. E., and Anne C. Wilson, R. E. Wilson Mining Co.,
letter dated July 11, 1962_

Witherspoon, David, David Witherspoon, Inc., letter dated August 9,
1962_

Wood, E. O., traffic manager, Imperial Sugar Co., letter dated August
27, 1962.

Page

693
712

711

705

730

729

Worrell, N. S., vice president, traffic, American Zinc Lead & Smelting
Co., letter dated July 26, 1962__

683

Wright, C. H., vice president, Pope & Fleming, Inc., letter dated July
23, 1962___

724

Young, Charles de, vice president, Appleton Manufacturing Co., letter
dated July 13, 1962---

706

Zeigler, Rex, assistant to the vice president, Samuel Stamping &
Enameling Co., letter dated July 23, 1962..

716

TRANSPORTATION ACTS AMENDMENTS-1962

TUESDAY, JUNE 26, 1962

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C.

The committee met, pursuant to notice, at 10 a.m., in room 1334, New House Office Building, Hon. Oren Harris (chairman of the committee) presiding.

The CHAIRMAN. The committee will come to order.

This morning the committee opens hearings on two bills, H.R. 11583 and H.R. 11584, which I introduced last month at the request of the Secretary of Commerce.

(The bills referred to, H.R. 11583 and H.R. 11584, follow :)

[H.R. 11583, 87th Cong., 2d sess.]

A BILL To exempt certain carriers from minimum rate regulation in the transportation of bulk commodities, agricultural and fishery products, and passengers, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1 of the Interstate Commerce Act, as amended (49 U.S.C. 1), is amended by adding thereto a new paragraph (23) to read as follows:

"(23) Notwithstanding any other provisions of this Act, in the case of rates, fares, or charges for the transportation of (1) commodities in bulk which are loaded and carried without wrappers or containers and received and delivered by the carrier without transportation mark or count, or to the transportation of liquid commodities in bulk, (2) property consisting of ordinary livestock, fish (including shellfish), or agricultural (including horticultural) commodities (not including manufactured products thereof): Provided, That the words 'property consisting of ordinary livestock, fish (including shellfish), or agricultural (including horticultural) commodities (not including manufactured products thereof)' as used herein shall include property shown as 'exempt' in the 'commodity list' incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, but shall not include property shown therein as 'not exempt': Provided further, however, That notwithstanding the preceding proviso the words 'property consisting of ordinary livestock, fish (including shellfish), or agricultural (including horticultural) commodities (not including manufactured products thereof)' shall not be deemed to include frozen fruits, frozen berries, frozen vegetables, wool tops and noils, or wool waste (carded, spun, woven, or knitted), and shall be deemed to include cooked or uncooked (including breaded) fish or shellfish when frozen or fresh (but not including fish and shellfish which have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products) or (3) passengers, by carriers subject to part I, II, III, or IV of this Act, the Commission shall have no authority or power to determine that such a rate, fare, or charge is lower than a reasonable minimum rate, fare, or charge. If any carrier or carriers exempted by the provisions of this paragraph from minimum rate regulation shall engage in any act, practice, or conduct or be a party to any arrangement, contract, combination, or conspiracy with respect to any rate, charge, or fare for transportation of any commodity referred to in this paragraph, or of passengers, in violation of the provisions of the antitrust laws, as designated in section 1 of the Act of October 15, 1914, entitled 'An Act to supplement existing laws against 1

unlawful restraints and monopolies and for other purposes', such carrier or carriers shall be subject to the proceedings and penalties specified in such laws and all amendments thereto with respect to such violations: Provided, That nothing contained herein shall be construed to prohibit a common carrier from establishing reasonable through routes with other such carriers, or from considering, initiating, or establishing jointly with other such carriers the rates, fares, classifications, divisions, allowances, or charges applicable solely to such reasonable through routes."

(b) Section 5a of the Interstate Commerce Act is amended by changing the period at the end of paragraph (9) to a comma, and adding the following: "except that such relief shall not extend to any party to an agreement with respect to any rate, charge, or fare for transportation of any commodity referred to in section 1(23) of the Interstate Commerce Act, or of passengers."

SEC. 2. Section 303 (b) of the Interstate Commerce Act is amended to read as follows:

"(b) Nothing in this part shall apply to the transportation by a water carrier of commodities in bulk which are loaded and carried without wrappers or containers and received and delivered by the carrier without transportation mark or count. This subsection shall not apply to transportation subject, at the time this part takes effect, to the provisions of the Intercoastal Shipping Act, 1933, as amended."

SEC. 3. Section 418 of the Interstate Commerce Act is amended by striking out all following the final semicolon therein and inserting in lieu thereof "or common carriers engaged in transportation exempted under the provisions of section 1(23) or 303 (b) of this Act."

SEC. 4. (a) The Intercoastal Shipping Act, 1933 (46 U.S.C. 843), is amended by redesignating section 8 as section 9, and inserting immediately after section 7 the following new section:

"SEC. 8. Notwithstanding any other provisions of this Act, in the case of rates, fares, or charges for the transportation of (1) commodities in bulk which are loaded and carried without wrappers or containers and received and delivered by the carrier without transportation mark or count, or to the transportation of liquid commodities in bulk, (2) property consisting of ordinary livestock, fish (including shellfish), or agricultural (including horticultural) commodities (not including manufactured products thereof): Provided, That the words 'property consisting of ordinary livestock, fish (including shellfish), or agricultural (including horticultural) commodities (not including manufactured products thereof)' as used herein shall include property shown as 'exempt' in the 'commodity list' incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, but shall not include property shown therein as 'not exempt': Provided further, however, That notwithstanding the preceding proviso the words 'property consisting of ordinary livestock, fish (including shellfish), or agricultural (including horticultural) commodities (not including manufactured products thereof)' shall not be deemed to include frozen fruits, frozen berries, frozen vegetables, wool tops and noils, or wool waste (carded, spun, woven, or knitted), and shall be deemed to include cooked or uncooked (including breaded) fish or shellfish when frozen or fresh (but not including fish and shellfish which have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products), or (3) passengers, the Commission shall have no authority or power to determine that such a rate, fare, or charge is lower than a reasonable minimum rate, fare, or charge. If any carrier or carriers exempted by the provisions of this section from minimum rate regulation shall engage in any act, practice, or conduct or be a party to any arrangement, contract, combination, or conspiracy with respect to any rate, charge, or fare for transportation of any commodity referred to in this section, or of passengers, in violation of the provisions of the ‘antitrust laws', as designated in section 1 of the Act of October 15, 1914, entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', such carrier or carriers shall be subject to the proceedings and penalties specified in such laws and all amendments thereto with respect to such violations: Provided, That nothing contained herein shall be construed

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