New York, New Haven & Hartford Railroad Co. (The).

New York, Ontario & Western Railway Co.

New York, Susquehanna & Western Railroad Co.
Nezperce & Idaho Railroad.

Norfolk & Western Railway Co.

Norfolk Southern Railroad Co.
Northeast Oklahoma Railroad.
Northern Pacific Railway Co.

Northwestern Pacific Railroad Co.

Norwood & St. Lawrence Railroad Co.

Oahu Railway & Land Co.

Orange & Northwestern Railroad Co. (The).

Oregon Short Line Railroad.

Oregon Trunk Railway.

Oregon-Washington Railroad & Navigation Co.

Pacific Electric Railway Co.

Panhandle & Santa Fe Railway Co.
Paris & Mount Pleasant Railroad Co.
Pecos Valley Southern Railway.
Pennsylvania Railroad Co. (The).
Pennsylvania & Atlantic Railroad Co.
Pennsylvania-Reading Seashore Lines.
Pere Marquette Railway Co.

Petaluma & Santa Rosa Railroad Co.
Pickens Railroad Co.

Piedmont & Northern Railway Co.

Pittsburgh & Lake Erie Railroad Co. (The).

Pittsburgh, Lisbon & Western Railroad Co. (The).

Pittsburgh & West Virginia Railway Co. (The).
Pontiac, Oxford & Northern Railroad.

Portland Electric Power Co.

Potomac Edison Co. (The).

Prattsburgh Railway Corporation.

Prescott & Northwestern Railroad Co. (The).

Quanah, Acme & Pacific Railway Co.

Quincy, Omaha & Kansas City Railroad Co.
Quincy Railroad Co.

Rapid City, Black Hills & Western Railroad.

Reading Co.

Red River & Gulf Railroad.

Richmond, Fredericksburg & Potomac Railroad Co.
Rio Grande & Eagle Pass Railway Co.

Rio Grande City Railway.

Rio Grande Southern Railroad Co. (The).

Rock Island Southern Railway Co.

Rock Port, Langdon & Northern Railway Co.
Roscoe, Snyder & Pacific Railway Co.

Rutland Railroad Co.

St. Francois County Railroad Co.

St. Johnsbury & Lake Champlain Railroad Co. (The). St. Joseph & Grand Island Railway.

St. Louis & Hannibal Railroad Co.

St. Louis, Brownsville & Mexico Railway Co. (The).
St. Louis-San Francisco Railway Co.

St. Louis, San Francisco & Texas Railway Co.
St. Louis Southwestern Railway Co.

St. Louis Southwestern Railway Co. of Texas.

St. Marys Railroad Co.

Sacramento Northern Railway.

Salt Lake & Utah Railroad Corporation.
San Antonio Southern Railway Co.
San Antonio, Uvalde & Gulf Railroad Co.
San Benito & Rio Grande Valley Railway Co.

Sandersville Railroad Co.

San Diego & Arizona Eastern Railway Co.

San Francisco & Napa Valley Railroad.

San Luis Valley Southern Railway Co. (The).
Saratoga & Encampment Valley Railroad Co.

Savannah & Atlanta Railway Co.

Seaboard Air Line Railway Co.

Sierra Railroad Co.

Smoky Mountain Railroad.
Southern Pacific Co.

Southern Railway Co.

South Georgia Railway Co.

Spokane International Railroad.
Spokane, Portland & Seattle Railway.
Springfield Terminal Railway Co.
Stockton Terminal & Eastern Railroad.
Sullivan County Railroad (The).
Suncook Valley Railroad.

Sylvania Central Railway.
Talbotton Railroad Co.

Tallulah Falls Railway Co.

Tama & Toledo Railroad.

Tavares & Gulf Railroad Co.

Tennessee, Alabama & Georgia Railway Co.
Tennessee Central Railway Co.
Texarkana & Fort Smith Railway.
Texas & New Orleans Railroad Co.
Texas & Pacific Railway Co. (The).
Texas City Terminal Railway Co.
Texas Electric Railway.

Texas Mexican Railway Co. (The).
Texas-New Mexico Railway.

Texas, Oklahoma & Eastern Railroad Co.

Tidewater Southern Railway Co.

Toledo, Saginaw & Muskegon Railway.

Tonopah & Goldfield Railroad Co.

Tooele Valley Railway Co.

Toronto, Hamilton & Buffalo Railway Co. (The).

Tremont & Gulf Railway Co.

Trona Railway Co.

Tucson, Cornelia & Gila Bend Railroad Co.

Tuskegee Railroad Co. (The).

Unadilla Valley Railway Co.

Union Pacific Railroad Co.

Union Railroad of Oregon.

Utah Idaho Central Railroad Corporation.

Valley & Siletz Railroad Co.

Vermont Valley Railroad.

Virginia & Carolina Southern Railroad Co.

Virginia & Truckee Railway.

Virginian Railway Co. (The).

Visalia Electric Railroad Co.

Wabash Railroad Co.

Wadley Southern Railway Co.

Walla Walla Valley Railway Co.

Ware Shoals Railroad.

Warren & Ouachita Valley Railway.

Washington & Old Dominion Railroad.

Washington, Idaho & Montana Railway Co.

Waterloo, Cedar Falls & Northern Railway Co. (The).

Weatherford, Mineral Wells & Northwestern Railway.

Western Allegheny Railroad Co.

Western Maryland Railway Co.

Western Pacific Railroad Co. (The).

Western Railway of Alabama (The).

White Pass & Yukon Route (United States of America, lessee).
White Sulphur Springs & Yellowstone Park Railway Co.

Wichita Falls & Southern Railroad Co.

Wichita Valley Railway Co. (The).

Wildwood and Delaware Bay Short Line Railroad.

Winston-Salem Southbound Railway Co.

Wrightsville & Tennille Railroad Co.

Wyoming Railway Co.

Yakima Valley Transportation Co.

Yazoo & Mississippi Valley Railroad Co. (The).

Yosemite Valley Railway Co.

Yreka Western Railroad Co.

All American Aviation, Inc.

American Airlines, Inc.

Braniff Airways, Inc.

Chicago & Southern Air Lines, Inc.

Colonial Airlines, Inc.

Continental Air Lines, Inc.

Delta Air Corporation.

Eastern Air Lines, Inc.

Inland Air Lines, Inc.

Mid-Continent Airlines, Inc.

National Airlines, Inc.

Northeast Airlines, Inc.

Northwest Airlines, Inc.

AIR LINES

Pennsylvania-Central Airlines Corporation.

Trans-Canada Air Lines.

Transcontinental & Western Air, Inc.

United Air Lines Transport Corporation.

Western Air Lines, Inc.

EXHIBIT No. 380

Comparison of rail express and air express charges for representative weights between representative airport cities

Comparison of rail express and air express charges for representative weight between representative airport cities-Continued

GENTLEMEN: The express contracts between the Railway Express Agency and' the operating air carriers have been submitted to the Board for its approval pursuant to section 412 of the Civil Aeronautics Act and are now the subject of an investigation by the Board in Docket No. 325.

The board has become increasingly concerned over the continued existence of these express contracts in their present form. This concern is shared by the Anti-Trust Division of the Department of Justice because of the inclusion in the contracts of certain provisions which may involve violation of the antitrust laws. The Division believes the continuation of the contracts to be illegal unless the Board approves them and thereby, by virtue of section 414 of the Civil Aeronautics Act, forecloses the question of the violation of the antitrust laws. Although, of course, we are not in a position to determine what might be the effect of evidence produced at a hearing we, as presently advised, do not see our way clear to approve the contracts in their present form.

In these circumstances the Board proposes that the parties should cancel the present contracts promptly and come forward, if they are so disposed, with revised contracts applicable for the future in such form as will permit the board to approve them pending final determination of the form the Express Agency-air carrier relationship should take.

In order to permit as much freedom of action as possible on the part of the parties in submitting revised contracts, the Board does not desire to indicate at this time the form such contracts shall take. It prefers to permit the parties to arrive at the solution by mutual agreement and as the circumstances may require. However, in order to assist the parties in coming forward with revised contracts, the Board is willing to indicate the provisions of the present contracts which, in its opinion, would have to be excluded from or substantially modified in the revised contracts as a condition precedent to the Board's temporary approval.

The provisions are as follows:

*

1. The provisions of the present contracts in section 4 which provide that "the air company agrees that during the time in which operations are carried on under this contract it will not accept express business, as described above or otherwise, from any party other than the express company, *"" must not appear in the new contract or must be amended so as to eliminate the prohibition against acceptance of express business from persons other than Express Agency. This does not necessarily mean that the air carriers must make provision to handle express matter directly.

2. The provisions of the present contracts in section 4 which provide that the express company will not make an agreement with another air carrier for a similar service without giving the air carrier notice thereof and permitting the air carrier to provide a comparable or better service, must not be inserted in the new contract or must be amended in such manner that they will not permit one air carrier to prevent or delay the extension of the facilities and service of Railway Express Agency to a competing carrier.

3. The provision in section 8 of the present contracts that the express company "shall not be required without its consent to establish air express rates less than twice the existing first class rail express rates between the same points unless required by law" must not be inserted in the new contract or must be amended in such manner that the establishment of air express rates will not be dependent in any way upon the rail express rates.

4. The provision of the present contracts in section 20 which provides that "The express company shall not during the period of this agreement enter into the air express transportation business by operating its own aircraft in competition with the air company" shall not be included in the new contract.

The board obviously must retain the right, if and when a new agreement is submitted, to disapprove it or to suggest further changes, including changes in