in what respects, other than those covered by questions (1) and (8), you consider your operations to fall within the amended definition of a contract carrier.

(10) If answer to (9) is "No", indicate: (a) in what respects your present operations do not conform to the amended definition of a contract carrier; and (b) in what respects your present operations are those of a common carrier.

(11) Are the services which you now perform available, under a continuing contract, to any member of the public having shipments moving within the scope of your authority, subject only to shipper acceptance of your charges?

(12) Set forth below any additional information which you believe might be helpful to the Commission in determining whether any change should be made in your present status as a contract carrier by motor vehicle.

Verification

The undersigned files this questionnaire as, etc.

(Indicate)

RATES AND CHARGES OF CONTRACT CARRIERS BY MOTOR VEHICLE TO ALL CONTRACT CARRIERS BY MOTOR VEHICLE SUBJECT TO SECTION 218 OF PART II OF THE INTERSTATE COMMERCE ACT:

Your particular attention is directed to the changes made by Public Law 85-124 in Section 218(a) of the Act. The new law, which became effective August 13, 1957, requires every contract carrier by motor vehicle to file with the Commission, publish, and keep open for public inspection, schedules containing the actual rates or charges of such carrier for the transportation of passengers or property in interstate or foreign commerce, and any rule, regulation, or practice affecting such rates or charges and the value of the service thereunder: Provided, That any contract carrier serving but one shipper having rendered continuous service to such shipper for not less than one year may file reasonable minimum rates and charges unless the Commission in any individual case, after hearing, finds it in the public interest to require the filing of actual rates and charges. It does not require, however, that such carriers maintain the same rates, rules, and regulations for the same service for all shippers served.

The amended law also now prohibits a contract carrier from engaging in the transportation of passengers or property in interstate or foreign commerce unless the actual rates or charges for such transportation have been published, filed, and posted.

It also provides that no such carrier shall demand, charge, or collect compensation for such transportation different from the charges filed in accordance with this paragraph, as affected by any rule, regu

lation, or practice so filed, or less than the minimum rate or charge as may be prescribed by the Commission from time to time, and it shall be unlawful for any such carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive compensation different from the actual rates and charges so filed or less than minimum charges so prescribed.

The amended law requires 30 days' notice for reductions in charges of contract carriers and for the establishment of new charges, but not for increases in existing charges. Rule 8(b) of Tariff Circular MF No. 2 now requires all schedules of contract carriers to be filed and posted on 30 days' notice but the Commission is today issuing a general special permission authorizing one day's notice for the establishment of increases in rates and charges of contract carriers until the tariff circular is amended.

Each contract carrier by motor vehicle should immediately check its schedules. If the carrier's schedule names minimum rates, fares, or charges and the carrier has contracts with more than one shipper or serves only one shipper but has not been serving that shipper continuously for one year or more, the carrier must immediately revise its schedule to meet the requirements of the amended law.

9-18-57

HAROLD D. McCoy, Secretary

What's New In The Law*

THE CURRENT PRODUCT OF COURTS, DEPARTMENTS AND AGENCIES.

GEORGE ROSSMAN, Editor-in-Charge,
RICHARD B. ALLEN, Assistant.

Attorneys... unauthorized practice

A California court has affirmed a $7,131 judgment against a notary public who prepared a void will because he thought wills needed only notarization and not witnesses. The judgment was in favor of the person who would have been the sole legatee and devisee under the will, but who received only one eighth of the estate because of intestate distribution.

The notary public relied on California case law that a lawyer is not liable to a would-be beneficiary for the preparation of a void or ineffective will. But the First District Court of Appeal distinguished the cases. It pointed out that the notary public was practicing law when he prepared the will and that thus he was violating the state's business and professions code, which provides: "No person shall practice law in this State unless he is an active member of the State Bar. The Court declared that the violation of a statute, which directly causes the injury of another constitutes negligence as a matter of law. Thus, the Court concluded, the negligence basis of the suit, not present where a licensed attorney is sued, was unauthorized practice of the law.

The Court conceded that there was some anomaly in an injured beneficiary being unable to recover from a negligent licensed attorney but able to recover from a negligent unlicensed person. It criticized the basis of the case denying recovery against an attorney, which was that the injury was against the testator whose wishes for the disposition of his estate were thwarted, rather than against the disappointed beneficiary.

(Biakanja v. Irving, California District Court of Appeal, First District, March 14, 1957, Stone, J., 310 P. 2d, 63.)

*ABA Journal, Vol. 43, No. 9, September 1957, p. 830.

Committees 1957-58

Executive

John F. Donelan, (A), President, Pope, Ballard & Loos, Munsey Building, Washington 4, D. C.; W. Lennig Travis, (B), First Vice President, Assistant Manager, Traffic Division, Atlantic Refining Company, 260 South Broad Street, Philadelphia 2, Pennsylvania; Ford K. Edwards, (B), Secretary, Suite 516, Perpetual Building, Washington 4, D. C.; David G. Macdonald, (A), Treasurer, Macleay, Lynch & Macdonald, 1625 K Street, N. W., Washington 6, D. C.; John R. Mahoney, (A), PastPresident, Casey, Lane & Mittendorf, 26 Broadway, New York 4, N. Y.; James F. Pinkney, (A), Past-President, General Counsel, American Trucking Associations, Inc., 1424 Sixteenth Street, N. W., Washington 6, D. C.; Erle J. Zoll, Jr., (A), Past-President, General Commerce Attorney, Illinois Central Railroad, 135 East 11th Place, Chicago 5, Illinois; Hewitt Biaett, (A), Vice President, General Solicitor, Chesapeake & Ohio Railway, 823 East Main Street, Richmond 10, Virginia; Sam H. Flint, (A), Vice President, General Traffic Manager, The Quaker Oats Company, 345 Merchandise Mart, Chicago 53, Illinois.

Admission to Practice

Eldon Martin, (A), Chairman, Vice President & General Counsel, Burlington Lines, 547 West Jackson Boulevard, Chicago 6, Illinois; Robert R. Artz, (A), The Pennsylvania Railroad Company, 1138 Transportation Center, 6 Penn Center Plaza, Philadelphia 4, Pennsylvania; Russell B. Curnett, (B), 49 Weybosset Street, Providence, Rhode Island; Frederick M. Dolan, (A), Southern Building, Washington 5, D. C.; Charles M. Donley, (B), Charles Donley & Associates, 34 Market Place, Pittsburgh 22, Pennsylvania; William F. Ehmann, (B), Manager, Wisconsin Coal Bureau, Inc., 119 East Washington Avenue, Madison 3, Wisconsin; John P. Fishwick, (A), General Counsel, Norfolk & Western Railway Company, 106 North Jefferson Street, Roanoke 17, Virginia; Jack R. Turney, Jr., (A), Turney & Turney, 2001 Massachusetts Avenue, N. W., Washington 6, D. C.

Appointment of Interstate Commerce Commissioners

Nuel D. Belnap, (A), Chairman, Belnap, McAuliffe & Spencer, One North LaSalle Street, Chicago 2, Illinois; R. Granville Curry, (A), Vice-Chairman, Southern Building, Washington 5, D. C.; Harry C. Ames, (A), Ames, Hill & Ames, Transportation Building, Washington 6, D. C.; Harry E. Boot, (A), American Trucking Associations, Inc., 1424 Sixteenth Street, N. W., Washington 6, D. C.; Allan P. Matthew, (A), McCutchen, Thomas, Matthew, Griffith & Greene, Suite 1500, Balfour Building, San Francisco 4, California; Giles Morrow, (A), President &

General Counsel, Freight Forwarders Institute, 1111 E Street, N. W., Washington 4, D. C.; Carl L. Phinney, (A), Phinney & Hallman, First National Bank Building, Dallas 2, Texas; Walter F. Schulten, (B), Vice President, Pittsburgh Consolidation Coal Company, Inc., 2000 Koppers Building, Pittsburgh 19, Pennsylvania; James C. Uhler, (B), Traffic Manager, Sunkist Growers, 707 West Fifth Street, Los Angeles 13, California; Paul V. Miller, (A), Bethlehem Steel Company, Bethlehem, Pennsylvania.

Budget of the I. C. C.

James F. Pinkney, (A), Chairman, General Counsel, American Trucking Associations, Inc., 1424 Sixteenth Street, N. W., Washington 6, D. C.; R. J. Andress, (A), Vice Chairman, Executive Vice President, Service Pipe Line Company, Service Pipe Line Building, Tulsa 2, Oklahoma; John D. Battle, (B), 4920 Van Ness Street, N. W., Washington 16, D. C.; L. Edward Galaspie, (B), Director of Traffic, Reynolds Metals Company, Reynolds Metals Building, Richmond 18, Virginia; L. James Huegel, (A), Assistant Vice President, Pittsburgh Consolidation Coal Company, Inc., 2000 Koppers Building, Pittsburgh 19, Pennsylvania; Francis A. Mulhern, (A), Port of New York Authority, 111 Eighth Avenue, New York, N. Y.; Edward M. Reidy, (A), General Attorney, Southern Pacific Company, 205 Transportation Building, Washington 6, D. C.; Lucien W. Shaw, (A), Vice President and General Counsel, Bekins Van & Storage Company, 1335 South Figueroa Street, Los Angeles 15, California; James W. Wrape, (A), Wrape & Hernly, Sterick Building, Memphis, Tennessee.

Education for Practice

Robert B. Einhorn, (A), Chairman, Einhorn & Schachtel, Philadelphia Saving Fund Building, 12 South 12th Street, Suite 1540, Philadelphia 7, Pennsylvania; Charles J. Henry, Jr., (A), Vice-Chairman, Assistant General Counsel, The Baltimore & Ohio Railroad Company, Baltimore 1, Maryland; Samuel P. Delisi, (A), 1211 Berger Building, Pittsburgh 19, Pennsylvania; John H. Goff, Professor of Business Administration, Emory University, Emory University, Georgia; Paul L. Mills, (B), Traffic Manager, Producers Grain Corporation, P. O. Box 111, Amarillo, Texas; J. J. Quinn, (B), Traffic Manager, Rochester-Pittsburgh Coal Company, 655 Church Street, Indiana, Pennsylvania; Wesley A. Rogers, (B), Chairman, Waterways Freight Bureau, 28 East Jackson Boulevard, Chicago 4, Illinois; Jerome H. Simonds, (Á), Freedman & Levy, Suite 411, 1000 Connecticut Avenue, N. W., Washington 6, D. C.; Emory B. Ussery, (A), Security Federal Building, Columbia 1, South Carolina.