Owen J. Roberts

“ Costs were thus determined for each sort of livestock handled. In arriving at the rate, an allowance was made for management and uninsurable risks; that is, for profit. The secretary stated that he adopted the same principles for determining rates as were approved in the Tagg Bros. Case. The complaints against the rates are not directed to these principles, but to their application in the present case. We think they are without merit.
1. In general, the secretary's findings are challenged as not giving proper weight to the past experience of the market agencies. ”

“ The appellants employ little physical property in their business and no complaint is made as to the allowance of interest on such as they do employ. They render a personal service and the issue before the secretary was whether the uniform schedule of rates for that service was or was not reasonable. On this issue he was bound to afford the appellants due process. In fact he gave them adequate notice and accorded them a full hearing. He carefully weighed the evidence, as demonstrated by voluminous and detailed findings ”

“ United States, supra, touching the market agencies at the Omaha stockyards. Little capital is invested; the business is the rendering of personal services for which charges are made according to a uniform schedule. In ascertaining whether the rates are reasonable, the prime factor is the agencies' costs, of which the most important are salesemen's compensation and the expense of getting and maintaining business. ”

“ Data in support of the petition was tendered and received. The secretary reconsidered his prior decision, refused a rehearing, and ordered certain increases in the rates. Within a month appellants presented an amended petition for rehearing which is not in the record, but is sketched in the bill of complaint. The reasons advanced in support of the application are alleged to have been: A net reduction of 25 per cent. of gross income as compared with 1933 would result from the new schedule; such a reduction would render petitioners' income insufficient to pay the costs of doing business ”

“ In addition he had data as to the relation of the volume of receipts at this market between 1920 and 1932, inclusive, to the total receipts of all the important livestock markets in the country; the ratios of rail and truck receipts for the years 1923 to 1932, inclusive, and a record of seasonal variations in rail and truck receipts for 1932. ”