APPENDIX D.

POINTS DECIDED BY THE COMMISSION IN REPORTED CASES, WITH INDEX OF POINTS DECIDED

AND TABLE OF CASES.

105

POINTS DECIDED IN REPORTED CASES.

Springfield Commercial Asso. v. P. R. R. Co. (28 I. C. C., 511.)

3446. At present Peoria, Ill., takes 110 per cent of the New York-Chicago rate on traffic to and from the East, while Springfield, Ill., is in 117 per cent territory; upon complaint insisting that Springfield should be placed in the Peoria group; Held, That if Peoria enjoys a rate of 110 per cent, the rate to Springfield should not exceed 113 per cent.

Lee Co. v. I. C. R. R. Co. (28 I. C. C., 515.)

3447. Second-class rate with 12,000-pound minimum for the transportation of incubators and brooders in mixed carloads from Omaha, Nebr., to Memphis, Tenn., found unreasonable to the extent that it exceeded the third-class rate, with 18,000-pound minimum. Reparation awarded.

United States v. U. P. R. R. Co. (28 I. C. C., 518.)

3448. On complaints of the United States Government that the failure and refusal of defendants to establish through routes and joint rates between Chicago, Ill., and other points and Oregon Short Line Railroad stations via the Northern Pacific Railway and via the Atchison, Topeka & Santa Fe Railway subjects those carriers to undue prejudice and disadvantage, deprives the Government of the full benefit of land-grant deductions reserved to it by statute, and defeats the spirit and purpose of the so-called public highways acts: Held, That the allegations of undue prejudice and disadvantage are not sustained; that existing through routes via the Union Pacific Railroad are not shown to be unreasonably long, inadequate, or unsatisfactory; that the Union Pacific and Oregon Short Line Railroads are operated jointly and under a common management or control, and no facts are shown which overcome the clear intent of section 15 of the act; that the Commission is not empowered to require carriers to grant to the United States free transportation or other rates or concessions than those afforded the general public, and is not deprived of jurisdiction to consider the merits of a controversy by absence of affirmative showing of the right of the officer presenting the complaint to do sɔ- in the name of the United States. Complaints dismissed.

Scrap iron rates between Chicago, Ill., and other points and Racine, Milwaukee, Wis., and other points. (28 I. C. C., 525.)

3449. Proposed increase in the rate on scrap iron between Milwaukee, Wis., and Chicago, Ill., in both directions, not justified, but a maximum rate of 3 cents per 100 pounds established for the future.

Rates on coal to Milwaukee and other Wisconsin points. (28 I. C. C., 527.) 3450. The holding of the original opinion, 27 I. C. C., 223, as to the maintenance of routes and rates for the transportation of soft coal from certain West Virginia and Kentucky mines to points on the west shore of Lake Michigan, when destined to points beyond, is affirmed. An advance of 10 cents per ton in the proportional rates here in question is likewise permitted. Scott-Mayer Commission Co. v. C., R. I. & P. Ry. Co. (28 I. C. C., 529).

3451. Complainant alleges that defendants' separately established rate of 19 cents per 100 pounds for the transportation of apples in carloads from Memphis, Tenn., to Little Rock, Ark., applicable to through shipments from the Cumberland Valley region of Pennsylvania, is unreasonable and unjustly discriminatory because defendants maintain a proportional rate of 13 cents from Memphis to Little Rock on apples forwarded as through shipments to Little Rock from points in western New York. No evidence was presented tending to show that the 19-cent rate is unreasonable in and of itself: Held, That under these circumstances the Commission will not disturb the factor under consideration except upon a showing that such factor, or the through rate of which it is a part, is unreasonable or otherwise in violation of the act. Complaint dismissed.

Traffic Bureau of Nashville v. L. & N. R. R. Co. (28 I. C. C., 533.)

3452. Conditions affecting the transportation of coal from Louisville & Nashville Railroad western Kentucky mines to Louisville, Ky., Memphis and Nashville, Tenn., not found to be so dissimilar as to preclude a comparison of the rates from the same fields to the three cities.

3453. Rate of $1 per ton on coal to Nashville from Louisville & Nashville western Kentucky mines found to be unreasonable and rate of 80 cents prescribed. A like rate from Nashville, Chattanooga & St. Louis Railway mines in Tennessee and Alabama found to be unreasonable and rate of 90 cents prescribed.

3454. Complaint as to unreasonableness of $1 rate to Nashville on coal from Illinois Central western Kentucky mines not sustained.

3455. The value of ton, car, and train mileage statistics in fixing rates discussed.

3456. The Louisville & Nashville and the Nashville, Chattanooga & St. Louis interswitch all traffic, including coal, at Nashville. They refuse to switch coal to and from the Tennessee Central, which road retaliates by refusing to switch coal to or from the rails of either of the other two. Upon complaint: Held, That the practice of all three roads is unreasonable; and, further, that of the Louisville & Nashville and Nashville, Chattanooga & St. Louis is unjustly discriminatory. Discrimination required to be removed and reasonable practice prescribed.

3457. "Terminals are either open or they are not," and a carrier may not exercise an arbitrary discretion, based upon a strained construction of the proviso of section 3, in saying for what roads and for what traffic it will open its terminals and for what other roads and traffic it will decline so to do. Memphis Freight Bureau v. B. & O. R. R. Co. (28 I. C. C., 543.)

3458. Rate of 38 cents per 100 pounds for the transportation of imported burlap from north Atlantic ports to Memphis, Tenn., not found to be unduly prejudicial. Complaint dismissed.

Grain rates in C. F. A. Territory. (28 I. C. C., 549.)

3459. Proposed increase in reshipping rates on malt from Milwaukee and Chicago to points in central freight association territory and to western termini of trunk lines has been justified. Order of suspension vacated.

3460. Proposed increase in rates on certain by-products of grain from Mississippi River crossings has not been justified. Present rates should be continued in effect.

3461. Proposed increase in proportional rates from upper Mississippi River crossings as compared with those from the lower crossings has not been justified. Present rates should be continued for the future.

3462. Proposed general increase in grain rates from Illinois points to markets of consumption has been justified, but lawfulness of individual rates not passed on.

Iowa State Board of Railroad Commissioners v. A. E. R. R. Co. 563.)

(28 I. C. C.,

3463. Defendants will be expected to establish rates between the Iowa stations of record herein, according as the stations fall within the prescribed zones, and Colorado and Utah common points, on or before April 1, 1914.

3464. The mileage rates proposed in the original report adhered to, except that they should not apply to southern Kansas and that the mileage rates for class A should be somewhat higher than for class 5.

3465. Certain arbitraries over the one-line haul prescribed in case of a two-line haul.

Texarkana Freight Bureau v. St. L., I. M. & S. Ry. Co. (28 I. C. C., 569.) Complainants allege that class and commodity rates from St. Louis, Kansas City, and Memphis, and from points in central freight association and western trunk line territories to Texarkana, Ark., and Texarkana, Tex., are unjust, unreasonable, and discriminatory as compared with the rates from the same territory of origin to Shreveport, La. Intervener and defendants state that the rates to the latter point are influenced by water competition; Held:

3466. The history of class rates to Shreveport and Texarkana and a comparison of these rates with rates for equal distances to points entirely uninfluenced by water competition, show that the level of class rates from St. Louis and defined territories to Shreveport is no longer influenced by water competition.

3467. Class rates from St. Louis, Kansas City, Memphis, and defined territories to Texarkana should not exceed those contemporaneously maintained from the same points of origin to Shreveport, La. Texarkana rates should be regarded as maximum rates to all points intermediate via the direct lines.

3468. Suggested that commodity rates to Texarkana, which to Shreveport make through the lower Mississippi crossings, should not exceed those to the latter city by more than 6 cents per 100 pounds. This amount not to be considered as a fixed differential but merely as a maximum. Commodity rates to Texarkana, which to Shreveport make via the direct lines, should not exceed those contemporaneously maintained to the latter point.

3469. A readjustment of rates which make through and from the lower Mississippi River crossings to the Shreveport group suggested.

3470. In the making of joint through rates on long-distance traffic to local or noncompetitive points, the differentials above the rates to the basing points should bear some reasonable relation to the total distances involved. Board of Trade of Carrollton, Ga., v. C. of G. Ry. Co., 28 I. C. C., 154, 165.

3471. While carriers may properly meet water competition, the maintenance of a lower rate to one point than to other points which are intermediate can not be justified on the ground that it is necessary to suppress water competition. Carl Eichenberg v. Southern Pacific Co. (28 I. C. C., 584.)

3472. Upon the original hearing of this case the Commission held that the complainant had been unlawfully discriminated against by the defendants in the matter of certain dock privileges at Galveston, Tex. Complainant now claims reparation in the sum of $48,341.54; Held, That complainant is entitled to recover the admitted per ton advantage of 40 cents per ton on the 300 tons of cottonseed meal and cake shown to have been shipped over defendants' wharves.

Alton Board of Trade v. C. & A. R. R. Co. (28 I. C. C., 589.)

3473. The present adjustment of class rates from East St. Louis to Henderson and Owensboro, Ky., not found to be discriminatory as against the rates from Alton, Ill., to the same points.

3474. Upon consideration of the application of the Louisville & Nashville Railroad Company for permission to continue lower class rates from Alton, Ill., to Louisville, Ky., than rates maintained on like traffic to Henderson and Owensboro and intermediate points; Held, That the rates from Alton to Henderson and Owensboro and intermediate stations west thereof should not exceed the rates concurrently applicable from the same point of origin to Louisville. J. E. Bryant Co. v. Ft. W. & D. C. Ry. Co. (28 I. C. C., 594.)

3475. Rate of 81 cents per 100 pounds now in effect for the transportation of bananas in carloads from New Orleans, La., to Amarillo, Tex., not found unreasonable or unduly prejudicial.

3476. Defendents' tariffs effective from May 15, 1911, to February 15, 1912, found to have provided a rate of 67 cents per 100 pounds for the transportation of bananas in carloads from New Orleans, La., to Amarillo, Tex. Reparation awarded on account of overcharges.

3477. Charges collected on shipments of coconuts in straight carloads, or mixed carloads with bananas, found to have been unreasonable to the extent they exceeded charges based on rate of 81 cents per 100 pounds. Reparation awarded.

Packing-house products rating upon traffic originating at or destined to points in Arkansas, Louisiana, and Oklahoma. (28 I. C. C., 599.)

3478. It being proposed to cancel the fourth-class rating on cured meat in sacks to points in Arkansas from St. Louis and Kansas City, Mo., and a few other packing-house centers, and to establish the rating of second class, carried in western classification and applicable generally throughout the southwest, in promotion of relative equality both between packing-house centers and points of destination; Held, That the proposed change in classification should be permitted to become effective. Order of suspension vacated.

Omaha-Wisconsin grain rates. (28 I. C. C., 602.)

3479. Proposed increased rates on wheat and corn from Omaha, Nebr., Council Bluffs, Iowa, and lower Missouri River cities to certain Wisconsin points on the Minneapolis, St. Paul & Sault Ste. Marie Railway found to be reasonable and order of suspension vacated.

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