[33] Method in general.

Classification must be based on a real distinction from a transportation viewpoint, and the Interstate Commerce Commission cannot regard a classification as scientific or a difference in rates as well based, which is altogether founded on a distinction that has no transportation significance.- Stowe-Fuller Co. v. Pa. Co., 12 Inters. Com. R. 253.

The carrier need not undertake to make classification so minute as to conform to the differing varieties and conditions of traffic. To separate different grades or densities of the same article into different classes with varying rates, even if it could be accomplished, would go far to defeat the real purpose of classification.- Planters' Compress Co. v. C. C. C. & St. L. R. Co., 11 Inters. Com. R. 382; affd. and applied, Planters' Compress Co. v. Mo. K. & T. R. Co., 11 Inters. Com. R. 606. While there are exceptional instances requiring deviation from the principles and methods generally employed in classification of freight, it is manifest that to require the separation and grading into different classes with varying rates the different grades of the same articles of freight would greatly complicate the matter and would go far to defeat the very purpose of classification. Even then it would be impracticable to apportion with mathematical exactness the burdens of transportation. The best that is obtainable in this direction is reasonable and substantial approximation.- Derr Mfg. Co. v. Pa. R. Co., 9 Inters. Com. R. 646.

Questions of classification should be determined on the principles which govern the proper division of articles of freight into classes, and not on the basis of the profits or other financial operations of the carrier. - Proctor v. C. H. & D. R. Co., 9 Inters. Com. R. 440, distinguishing Proctor v. C. H. & D. R. Co., 3 Inters. Com. R. 131, 4 I. C. C. R. 87.

Even where valid reasons exist for increased revenues for the carrier, it is the legal duty of the carrier to so classify traffic and adjust charges that the burdens of transportation shall be reasonably and justly distributed among the articles it carries. National Hay Assn. v. L. S. & M. S. R. Co., 9 Inters. Com. R. 264.

In a classification such as the Official, which contains but six general classes, it is manifestly impossible to bring together in each class only such articles as resemble each other in the elements of character, use value, volume, bulk, weight, risk and expense of handling, which have so often been referred to as governing conditions in freight classification. Competition also is often an important factor; not only competition between carriers, but also that of a commodity produced in one section with the same commodity produced in another section, and sometimes the competition of one kind of traffic with another. Necessarily many articles must appear together in a class which bear little relation to each other in

all of these respects; the best that can be done under such a scheme of classification is to place two or more articles possessing general similarity in the same class, and where an article is not analagous to any other, to put that article in the class containing commodities which are most nearly related to it in general character and other essential respects.- National Hay Assn. v. L. S. & M. S. R. Co., 9 Inters. Com. R. 264.

In determining what freight rates shall be borne by different commodities an attempt should be made to obtain a fair relation between those commodities, and a classification which utterly ignores all considerations of this kind or which utterly fails to give due weight to such considerations, is unjust and unreasonable.- Myer v. C. C. C. & St. L. R. Co., 9 Inters. Com. R. 78.

Carriers may not classify freight with sole regard to their own interests, but must respect the interests of shippers and consumers, and conform to the principles of equality and fair dealing which the Interstate Commerce Act lays down.- Thurber v. N. Y. C. & H. R. R. Co., 1 Inters. Com. R. 397, 684, 2 Inters. Com. R. 742, 3 I. C. C. R. 473.

A railroad may not raise the classification of railroad ties in order to keep them on its lines or to keep the price low for its own interests.Reynolds v. N. Y. & P. R. Co., 1 Inters. Com. R. 600, 685, 1 I. C. C. R. 393.

[34]

Matters which may be considered.

Long existence of classification as evidence of reasonableness,— see post, § 49, note [27].

The condition and value of the property may properly be taken into account in determining the classification.- National M. & W. Co. v. P. C. C. & St. L. R. Co., 11 Inters. Com. R. 581.

The value of the service to the shipper has always been regarded as a prominent factor in classification and entitled to due recognition in the rates applied to different articles and to different grades and conditions of the same article.- Planters' Compress Co. v. C. C. C. & St. L. R. Co., 11 Inters. Com. R. 382; affd. and applied, Planters' Compress Co. v. Mo. K. & T. R. Co., 11 Inters. Com. R. 606.

A lower classification and rate on some of a given grade of coal cannot be justified on the ground that it is for "railroad supply."- Capitol C. G Co. v. Central Vt. R. Co., 11 Inters. Com. R. 104.

The elements of bulk, weight, value and character are main considerations in determining approximately what freight articles are so analagous as to entitle them to the same classification.- Page v. D. L. & W. R. Co., 6 Inters. Com. R. 548.

It is a conceded rule of classification that value, on account of the enhanced risk and ability to pay a greater proportion of the aggregate re

turn upon investment, may justify a higher classification.- Schumacher Co. v. Ch. R. I. & P. R. Co., 6 Inters. Com. R. 61.

Comparison with the classification accorded analagous articles by carriers is the proper method of determining classification.- Brownwell v. Columbus &C. M. R. Co., 4 Inters. Com. R. 285, 5 I. C. C. R. 638.

The volume of traffic furnished by an article of transportation may be considered in classifying it.- Warner v. N. Y. C. & H. R. R. Co., 3 Inters. Com. R. 74, 4 I. C. C. R. 32.

The market value of goods and the shippers representations to the public as to their character may be taken into account in classifying them.Warner v. N. Y. C. & H. R. R. Co., 3 Inters. Com. R. 74, 4 I. C. C. R. 32. Carriers may make commodity class rates and special class rates to meet special conditions along their lines.- New York Board of Trade v. Pa. R. Co., 2 Inters. Com. R. 660, 734, 755, 800, 4 I. C. C. R. 447.

Mere quantity, not measured by a recognized unit of quantity adapted to carriage and lessening the expense of handling or carriage, cannot be allowed to affect rates or classifications.- Harvard Co. v. Pa. R. Co., 2 Inters. Com. R. 625, 3 Inters. Com. R. 257, 4 I. C. C. R. 212.

Comparisons with other articles, not necessarily competitive, are most helpful in determining the reasonableness of classification.- Harvard Co. v. Pa. R. Co., 2 Inters. Com. R. 625, 3 Inters. Com. R. 257, 4 I. C. C. R. 212.

A different classification and rate for carload and less than carload lots is reasonable.-Thurber v. N. Y. C. & H. R. R. Co., 1 Inters. Com. R. 397, 684, 2 Inters. Com. R. 742, 3 I. C. C. R. 473.

The proper classification of a commodity is to be judged relatively by the classification of other articles similar in character, quality and conditions of transportation.- Myers v. Pa. Co., 2 Inters. Com. R. 151, 218, 403, 2 I. C. C. R. 573.

[35] Classification of specific articles.

Changes in classification, see post, § 29, note.

Cotton waste is entitled to a lower rate than cotton goods.- Riverside Mills v. So. R. Co., 12 Inters. Com. R. 454.

Cement burial vaults are four times heavier than iron, and occupy but little more space in the car. Their value and the cost of materials used in making them are less than in the case of iron vaults. They are made with unskilled labor, while skilled labor and an extensive plant are used in making iron vaults.- Held, that putting them in the same class is a discrimination.- Van Camp B. V. Co. v. Ch. I. & L. R. Co., 12 Inters. Com. R. 93.

Old dynamos valuable only as junk should be classified and rated as junk of the highest class of metal used in the construction.

National M. & W. Co. v. P. C. C. & St. L. R. Co., 11 Inters. Com. R. 581.

It is for the railway managers to say whether they will give lower rates on second-hand dynamos consigned to a repair shop, than on new dynamos- National M. & W. Co. v. P. C. C. & St. L. R. Co., 11 Inters. Com. R. 581.

The "Scheidel outfit," used in medical and scientific work, such as the use of the X-ray, wireless telegraphy, etc., is properly refused classification as ordinary electrical apparatus.- Scheidel Co. v. Ch. & N. W. R. Co., 11 Inters. Com. R. 532.

For purposes of classification, leather scraps are not leather though composed of leather, and no reason appears why the classification of one should control the classification of the other.- Newman v. N. Y. C. & H. R. R. Co., 11 Inters. Com. R. 517.

Sectional book cases are not entitled to a lower classification than other bookcases.- Globe-Wernicke Co. v. B. & O. S. R. Co., 11 Inters. Com. R. 156.

The exaction of a higher rate for the transportation of shingles than is charged for the transportation of lumber and other lumber products is unwarranted as it discriminates against the latter products.— Duluth Shingle Co. v. Duluth, S. S. & A. R. Co., 10 Inters. Com. 489.

Cowpeas, the vines of which are used in the improvement of the soil, are not properly classed as fertilizer.- Swaffield v. Atlantic C. L. R. Co., 10 Inters Com. R. 281.

A cheap grade of brush made and sold for a blacking dauber is not entitled to be classified lower than bristle brushes in general.— Derr Mfg. Co. v. Pa. R. Co., 9 Inters. Com. R. 646.

A carrier may properly charge a lower rate on steam coal than on domestic coal.- McGrew v. Mo. Pac. R. Co., 8 Inters. Com. R. 630.

Where a shipper has complete freedom of choice how he will pack his goods for shipment, a classification which makes a reasonable charge more for goods packed in one way than for those packed in another, does not exceed the limits of the carrier's discretion.- Trades League v. Phila. W. & B. R. Co., 8 Inters. Com. R. 368.

Placing iron pipe fittings packed in cases in a higher class than iron pipe fittings packed in kegs or barrels, is not unreasonable.- Traders League v. Phila. W. & B. R. Co., 8 Inters. Com. R. 368.

A classification which makes the rate the same on milk in 40-quart cans and in crated bottles is a discrimination in favor of the latter mode of shipment.- Milk Prod. P. Assn. v. D. L. & W. R. Co., 7 Inters. Com. R. 92.

If an open-end envelope is made, shipped and used, like an envelope, and is not made, shipped or used like a paper bag, it is not entitled to

be classified as a paper bag, but only as an envelope.- Wolf Bros. v. Allegheny V. R. Co., 7 Inters. Com. R. 40.

Celery should be classified with similar garden vegetables.- Tecumseh Celery Co. v. Cincinnati, J. & M. R. Co., 4 Inters. Com. R. 44, 318, 5 I. C. C. R. 663.

Soap substantially equal in value and held out as suited for like purposes, should be placed in the same classification.- Beaver v. Pittsburg, C. & St. L. R. Co., 3 Inters. Com. R. 285, 564, 4 I. C. C. R. 733. When a manufacturer describes his article to the public for the purpose of making a market for it, he also describes it for purposes of carriage and classification, and if he represents it to be far superior to ordinary laundry soap, he cannot insist on its being classified as such.- Andrews Soap Co. v. Pittsburg, C. & St. L. R. Co., 2 Inters. Com. R. 626, 3 Inters. Com. R. 77, 4 I. C. C. R. 41.

Railroad ties should be classified with other rough lumber.- Reynolds v. W. N. Y. & P. R. Co., 1 Inters. Com. R. 600, 685, 1 I. C. C. R. 393.

[36] Form of classification sheet.

A classification sheet is supposed to be expressed in so plain terms and form that the ordinary business man can understand it, and using it in connection with the rate sheets, can ascertain the lawful charges for transportation.- Hurlburt v. L. S. & M. S. R. Co., 2 Inters. Com. R. 15, 31, 81, 448, 2 I. C. C. R. 122.

[37] Construction of classification sheets.

Railway officials who made a classification sheet will not be permitted to testify to their understanding of its proper construction.-Hurlburt v. L. S. & M. S. R. Co., 2 Inters. Com. R. 15, 31, 81, 448, 2 I. C. C. R. 122.

In construing classification sheets, the intentions of the framers thereof, when such intention can be ascertained, should be given effect; and in arriving at such intention, the court should give no weight to the alleged intent of the shipper or to any local customs or usages of trades as to the meaning of words used in such classification sheets.- Smith v. Gt. Northern R. Co., N. Dak. W. 56.

[38] Unlawful classification.

-; 107 N.

Discrimination through classification,-see post, § 31, notes [77]-[80]. Under-classification prohibited,- see post, § 34, notes.

A classification by which one of two commodities, the cost of transporting which is substantially the same, pays twice as much freight as to the other, is unlawful.- Rea v. Mobile & O. R. Co., 7 Inters. Com. R. 43.