paper filed under this section shall be furnished for the use of the Commission. Any interested person may file and serve a reply to any petition for reconsideration permitted under this subsection within 20 days after the filing of such petition with the Commission. In all other respects, such petitions and replies thereto will be governed by the Commission's general rules of practice. It is further ordered, That § 1.225 be amended by: (1) revising paragraph (b) thereof to read as follows: § 1.225(b). A petition for reconsideration of an order of the Motor Carrier Board may be filed by any interested person. Such petition and the reply thereto will be governed by the Commission's general rules of practice, except as otherwise provided in paragraphs (c) and (d) of this section. and (2) adding thereto a new paragraph (d) as follows: § 1.225 (d). A petition seeking reconsideration of an order of the Motor Carrier Board entered under section 210a (a) of the Interstate Commerce Act must be filed within 20 days after the date of the service of the order. Within 20 days after the filing of such petition with the Commission any interested person may file and serve a reply thereto. AMERICAN BAR ASSOCIATION APPOINTS WASHINGTON OFFICE DIRECTOR * Donald E. Channell, 29, staff attorney for the Georgia State Chamber of Commerce since 1952, has resigned that position to accept appointment as Director of the Washington office of the American Bar Association. He assumed his new duties Sept. 3. The post was created recently by the Board of Governors in the light of the growth of the ABA program of activities and increasing demands for services in the Washington office. Channell will function under the supervision of Executive Director Joseph D. Stecher. His duties will include assistance to committees, as for example the Special Committee on Legal Services and Procedures currently presenting to Congress a broad program for revamping procedures of federal administrative agencies, and others carrying on active legislation and service programs. He will not, however, appear before committees of Congress or in any way function as legislative lobbyist. Channell also will study the feasibility of editing and publishing a regular legislative information service, and explore the best means of keeping ABA sections and committees currently informed as to the status of legislation in Congress on which the Association has taken an official position through the House of Delegates. A native of Quitman, Ga., Channell attended high school in West Hartford, Conn. and received his law degree in 1952 from Emory Uni * Editor's Note: Reprinted from the American Bar News, Vol. 2, No. 9, September 15, 1957. versity in Atlanta. He served in the U. S. Army in Japan. His affiliations include the Georgia Bar Association, American Bar Association, Kappa Alpha fraternity and Phi Alpha Delta legal fraternity. Channell's duties with the Georgia C. of C. embraced the fields of legislative reporting, relations with local chambers of commerce and other groups, authorship of booklets on workmen's compensation, taxation, unemployment insurance, and industry research and analyses. He wrote a weekly legislative report to members. ABA's office in Washington was established almost twenty years ago. Miss Gertrude Sinott, who has been secretary in the office since its founding will continue as a staff member. Last year the office moved to larger quarters at 1025 Connecticut Ave., N. W. U. S. CHAMBER OF COMMERCE INTERESTED IN AGRICULTURAL EXEMPTIONS A recent issue of New Service of the U. S. Chamber of Commerce carries the following respecting Agricultural Exemptions: "This is a problem of increasing importance due to recent decisions of the Supreme Court, which have the effect of greatly broadening the list of commodities that can be hauled in interstate commerce without authority or regulation by the Interstate Commerce Commission. Letters received by the Transportation & Communications department complain that broadening the exemption in this manner has placed a large volume of traffic in the hands of private carriers and beyond the reach of common carriers." AUGUST ROAD CHECK RESULTS ANNOUNCED BY MOTOR CARRIER BUREAU According to an announcement made by the I. C. C. on September 17, the third nationwide safety road check of 1957 was conducted by the Bureau of Motor Carriers, Interstate Commerce Commission, during the week ending August 23, with the cooperation of State enforcement agencies. The road check was held at 175 points throughout the country. An estimated 55,000 interstate trucks passed the check points during the time the road checks were conducted. As in previous checks wherever the volume of traffic was such that only a portion of the interstate trucks could be given a detailed inspection, attention was focused upon vehicles which disclosed readily visible or audible indications of faulty condition. If it had been possible to inspect all vehicles, the number of violations found would undoubtedly have been greater, but the percentage of vehicles found in violation would probably have been less. The driver or vehicle was found to be defective or deficient in at least one respect in 88.4 percent of the 12,018 vehicles which received a thorough inspection. This compares with 88.2 percent in July and 89.9 percent in May, of 1957. The most numerous type of mechanical fault found was defective braking systems, of which there were 7,386. This is an increase over the 7,130 brake system defects discovered during the July check, although fewer vehicles were inspected in August. Driver's logs were found in non-compliance in 5,359 instances; and doctor's certificates of physical fitness, in 3,379 instances. Of the vehicles given a complete inspection, 2,427 or 20.2 percent were adjudged "so imminently hazardous to operate as to be likely to cause an accident or a breakdown," and were, therefore, marked outof-service. ELTON J. LAYTON RETIRES After thirty-six years of distinguished service as Clerk of the House Committee on Interstate & Foreign Commerce, Mr. Elton J. Layton retired on October 1st. Announcement has been made by Honorable Oren Harris, Chairman of the Committee, to the effect that Mr. W. E. Williamson, Mayor of Magnolia, Arkansas, will succeed Mr. Layton as Clerk of the Committee on November 1st. MRS. BREWER RETIRED Mrs. Carrie Lou Brewer of the Section of Dockets, retired on September 30th, after nearly thirty-three years in the employ of the Interstate Commerce Commission. She joined the staff of the I. C. C. in 1925, and most of her time has been spent in the office of the Chief, Section of Dockets. Well-known to most practitioners before the Commission, Mrs. Brewer will be missed by her many friends. LIFE'S RECORDS CLOSED BY EDWARD H. DEGROOT, JR., R. G. Cherry, Third Trust Building, Gastonia, N. C. (June, 1957) Betty Winn, Berkshire Apartments, Washington, D. C. (August, 1957) BY JOHN F. DONELAN, Editor FORMAL MATTERS Intrastate Freight Rates Missouri On August 22 the I. C. C. released the proposed report of Examiner L. H. Dishman in Docket 32010, in which it is recommended that the Commission find that the present intrastate rates and charges in Missouri in bituminous coal, dolomite, limestone, marl, pumice, sand, stone, cinders and clay are generally lower than the interstate rates and charges on the same commodities between Missouri and points in adjoining States, and fail to produce their fair share of the revenue required by interstate railroads operating within the State of Missouri and as such cause discrimination against interstate commerce. The Examiner recommended that intrastate rates on the described commodities be increased by specific increases noted in an Appendix A to his report, which are calculated to result in increased revenues totaling approximately $517,000. Arizona A similar finding of undue and unjust discrimination against interstate commerce is recommended by Hearing Examiner William J. Sweeney in his report in Docket 32076 released by the Commission on August 22, as concerns all intrastate rates within Arizona excluding 1.c.l. rates and charges and carload commodity rates and charges on lumber, copper ore, sulphuric acid, lime, silica rock, iron ore, steel castings, high explosives, cottonseed cake and meal, cantaloupes and melons, nitro-carbo-nitrate, and beer. An increase of other intrastate rates and charges to the level of interstate rates is calculated to add approximately $8 million to the annual revenues of intrastate rail carriers operating within the area of Arizona. California In proposed report of Examiner Sweeney in Docket 32089, released August 20, it is recommended that with specific exceptions listed in Appendix A to his report, intrastate freight rates and charges in California should be increased to the level of comparable interstate rates, which is expected to add approximately $8.5 million to California rail carriers' revenues annually. Ogden Gateway Tariff On August 22 the I. C. C. released the proposed report of Hearing Examiner William J. Sweeney in regard to an investigation instituted by the Commission on petition by the Denver & Rio Grande Western to determine if the respondents, who were defendants in the Ogden Gateway Case, have complied in full with the prescriptive terms of the order finally entered in that proceeding by the Commission. The Examiner recommended that the Commission should find that the respondents have, except as to certain specific instances noted by the Rio Grande in a brief filed in the investigation proceeding, fully complied with the descriptive terms of the Commission's report and order. Ex Parte No. 206 On August 23 the I. C. C. announced that on appeal the entire Commission has concluded not to suspend protested increased rates and charges on freight, all kinds, from, to and between points in the United States, as authorized by its order in Ex Parte 206 dated August 6. It was explained that numerous protests had been filed with the Commission objecting to the proposed increases and that Division 2 had concluded on August 22 not to suspend, and the action of the entire Commission followed the filing of an appeal for reconsideration. On the same day Division 2 announced that it had voted not to suspend certain schedules proposing waiver of Ex Parte 206 increases on black-strap molasses from Gulf and South Atlantic ports to numerous points in 26 States as set forth in Supplement 61 to Spaninger's tariff I. C. C. 1240 and Supplement 23 to Agent Marque's tariff I. C. C. 447, scheduled to become effective August 26 and later. By a further order dated August 20 the Commission denied petitions seeking modification or reconsideration of its August 6th order filed by the Port of New York Authority, the Ceco Steel Products Corporation, Great Western Sugar Company, and Public Utilities Commission of Oregon. Free Time Allowance at Great Lake Ports In the proposed report of I. C. C. Examiner Burton Fuller in Docket 32023-titled Chicago Regional Port District v. Santa Fe, released by the Commission on August 15, it is recommended that the Commission find that the present tariff regulations in effect at Chicago and all Great Lakes and river ports providing for assessment of demurrage charges commencing 48 hours after the first 7:00 a. m. after delivery or constructive placement of the car are unjust and unreasonable, and that seven (7) days free time as now in effect at tidewater ports, is reasonable and competitively necessary. In the course of his report Examiner Fuller stated that it has been shown that the difference in free time accorded foreign commerce at the Great Lakes ports as against that available at the tidewater ports has caused the diversion of foreign commerce from the Great Lakes ports to the tidewater ports, even though a shipment to and from the Great Lakes ports would involve a substantially shorter haul, in many cases the Great Lakes ports being actually intermediate and in all cases being substantially closer than the tidewater ports. Examiner Fuller found that but for the disparity in free time, substantial amounts of traffic now diverted from the Great Lakes ports would be channeled through |