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... Page 719 683 719 Howard, N. F., secretary and treasurer, Funk Manufacturing Co., 734 726 Jaye, Lloyd, Jaye Manufacturing, Inc., letter dated August 23, 1962__ Johntz, J. H., Garvey Grain, Inc., letter dated August 7, 1962__. 731 Inc., letter dated July 12, 1962. 689 Kasper, Dick, Hartman Wholesale Co., letter dated July 17, 1962.. Katzenbach, Nicholas deB., Deputy Attorney General, letter dated Lawson, Roy C., assistant traffic manager, Des Moines Steel Co., 732 Maksik, S. A., Adobe Brick & Supply Co., letter dated August 8, 1962- Maphies, Eldon L., the Joplin Four States Supply Co., letter dated Marvin, C. W., C. W. Marvin Co., letter dated August 22, 1962. Mastin, Thomas I., executive vice president, M. M. Hedges Manufac- Mitchell, A. C., Jr., Eufaula Hardware Co., letter dated July 11, 1962- Newcome, R. B., Pugh & Co., letter dated July 26, 1962- Nichols, Luther A., executive vice president, California Manufac- 710 713 161 690 707 Norton, C. Wilson, secretary, Southeast Construction Co., Inc., letter 699 O'Brien, Chas. Á., president, Security Bonded Warehouse, Inc., letter 682 Patton, James G., president, National Farmers Union, telegram 677 Perry, Wade B., president, Barbour Chip Co. Inc., letter dated July 688 Petitfils, A. J., president, A. J. Warehouse, Inc., letter dated July 717 Communications submitted to the committee Pommier, Mrs. W. M., letter dated July 12, 1962__. Reisz, A. I., manager, Ohio Valley Soybean Co-operative, letter 712 Richeson, Edward R., president, W. L. Richeson & Sons, Inc., letter Ritchie, H. D., president, Allen's, Inc., letter dated August 8, 1962- 733 735 701 Runge, W. H., Jr., vice president, Alabama Marble Co., letter dated 720 Rushton, D. C., Walton Seed Co., letter dated July 17, 1962__. 714 697 Sauer, A. L., traffic manager, Des Moines Steel Co., letter dated 732 Schneikart, A. P., letter dated August 1, 1962. 722 720 Scruggs, H. W., manager, Maxwell Bros., Inc., letter dated July 12, Shattuck, B. H., attorney, letter dated July 25, 1962, enclosing letter Shaver, George H., chairman, Columbia Basin River Operators, letter Sherber, Ray D., president, Brewton Chamber of Commerce, letter 716 Simkins, L. H., president, Simkins Seed Co., letter dated August 3, 725 Siskin, Garrison, Siskin Steel & Supply Co., letter dated July 16, 1962_- 710 713 Smith, Verne P., president, University Avenue Coal Co., Inc., letter 723 Strang, R. M., Strang Grain Co., letter dated July 19, 1962- 715 Taylor, Francis L., traffic manager, Anaheim Cold Storage, Inc., letter 689 Taylor, Thomas E., letter dated August 2, 1962.. 722 Templeton, R. L., TreeSweet Products Co., letter dated July 25, 1962- 705 711 Tuck, A. D., manager, the Hankins Container Co., letter dated August Triggs, Matt, assistant legislative director, American Farm Bureau 343 732 Turner, Dan O., general manager, Turner Clay Products Co., letter 717 Underwood, D. A., letter dated July 13, 1962. 708 Viviano, S. T., Viviano Enterprises, Inc., letter dated September 17, 682 Walker, John W., secretary-treasurer, Waynesboro Fertilizer Co., 725 Weaver, Fred D., Weaver & Co., letter dated July 12, 1962_ 717 707 Wilke, W. D., vice president, Vegetable Oil Products Co., Inc., letter 684 Wilkins, J. Š., Sylacauga Calcium Products Co., letter dated July 19, 713 Communications submitted to the committee Continued Witherspoon, David, David Witherspoon, Inc., letter dated August 9, Wood, E. O., traffic manager, Imperial Sugar Co., letter dated August Page 693 711 705 730 729 Worrell, N. S., vice president, traffic, American Zinc Lead & Smelting 683 Wright, C. H., vice president, Pope & Fleming, Inc., letter dated July 724 Young, Charles de, vice president, Appleton Manufacturing Co., letter 706 Zeigler, Rex, assistant to the vice president, Samuel Stamping & 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 |