Mr. COWAN. I am satisfied to have it go in as an exhibit to my statement. The facts therein stated, so nearly as I know, are true. We set forth the advances-which have been made in the rates since 1898 from various central cattle-shipping points to various markets-St. Louis, Kansas City, and Chicago-showing what the rate was in 1898 and what it was in 1904, when this petition was filed. The complaint referred to is as follows: Before the Interstate Commerce Commission. The Cattle Raisers' Association of Texas, complainant, ". the Missouri, Kansas and Texas Railway Company, and others. To the INTERSTATE COMMERCE COMMISSION: 1. The Cattle Raisers' Association of Texas, complainant, presents this, its petition, in behalf of itself, its members, and others having like interests, including the shippers of live stock generally, and complains of the following-named defendants, to wit: The Atchison, Topeka and Santa Fe Railway Company. Houston and Shreveport Railroad Company. Kansas City Southern Railway Company. Missouri, Kansas and Texas Railway Company. The Missouri Pacific Railway Company. St. Louis, Iron Mountain and Southern Railway Company. St. Louis Southwestern Railway Company. Cane Belt Railroad Company. Chicago, Rock Island and Gulf Railway Company. El Paso and Northeastern Railway Company. Galveston, Harrisburg and San Antonio Railway Company. Pecos and Northern Texas Railway Company. Pecos River Railroad Company. Red River, Texas and Southern Railway Company. San Antonio and Gulf Railroad Company. St. Louis, San Francisco and Texas Railway Company. Texas and Pacific Railway Company. Texas Midland Railroad Company. The Colorado and Southern Railway Company. Weatherford Mineral Wells and Northwestern Railway Company. Chicago, Burlington and Quincy Railroad Company. Chicago and Northwestern Railway Company. Chicago and Alton Railway Company. Chicago Great Western Railway Company. Chicago and Eastern Illinois Railroad Company. Chicago, Milwaukee and St. Paul Railway Company. Wabash Railroad Company. And so complaining, represents: 2. That the Cattle Raisers' Association of Texas is a voluntary asso ciation and organization of persons, firms, and corporations, consisting of about 1,500 members, engaged in the business of raising, buying, and selling cattle, and as incident to and as part of that business, shipping and transporting them by railroad over the lines of railways of the respective defendants as interstate traffic; that the members of complainant association are engaged in such business principally in the State of Texas, Territory of New Mexico, Territory of Oklahoma, Territory of Arizona, Indian Territory, and States of Colorado and Kansas, and to some extent in the States of Nebraska, Wyoming, Montana, and South Dakota, and Republic of Mexico. That the members of complainant association own and control approximately 4,000,000 of cattle in said States and Territories, and move and ship as interstate traffic on the lines of railways of the defendants many hundreds of thousands of cattle every year; that such business has been so conducted for many years by the members of complainant association, and by others engaged in the live-stock business, and forms a most important element of the material wealth and industry of the States and Territories mentioned. That the manner in which such business is conducted is, that cattle are raised upon the farms and ranches of said States and Territories, and as an element and article of commerce are bought and sold, fattened and prepared for market, and ultimately shipped to the great markets of the country for sale, slaughter, and consumption, as well as for export, and in the course of which business many of such cattle are shipped by railway from the farms and ranches where the same are raised to pastures in other States or Territories, generally from the more southern to the D & P-05- -5 northern climate to be fattened upon the ranges and pastures or in the feed lots and then shipped on to market for sale and slaughter. That in the course of such business such cattle are being constantly shipped as interstate traffic over defendants' railroads to the markets, the principal of which are Kansas City, Mo. and Kansas, St. Joseph, Mo., South Omaha, Nebr., St. Louis, Mo., Chicago, Ill., Fort Worth, Tex., New Orleans, La., Denver and Pueblo, Colo., as well as to other markets, and that many shipments are made in the course of such business from Texas, Oklahoma, New Mexico, and Arizona points to the States and Territories north and northwest for grazing purposes. That other persons than complainant members are engaged in the live stock business in raising, buying, and selling, and shipping cattle, horses, sheep, and hogs in said States and Territories, handling their business in a similar manner, and ultimately marketing their products at said markets and shipping the same over the defendants' railroads as interstate traffic. 3. That the defendants are each and all engaged in the transportation of cattle and other live stock by railroad, as common carriers under a common control, management, or arrangement for a continuous carriage or shipment between points in each of the said States and Territories and points in each of the others of such States and Territories, and between points in each of such States and Territories and the said markets named as well as to other markets and destinations not named, and as to all such traffic and otherwise are each and all subject to the act to regulate commerce. That such defendants have been so engaged for many years past, except some of the defendants who own or operate new lines of railway, as to which they have been so engaged since the construction of their respective lines of road. 4. Complainant charges that the rates, fares, and charges for the service rendered and to be rendered by the defendants in the transportation over their lines of railroads of cattle and other live stock from all points in each of the said States and Territories to the said markets mentioned, as well as to other markets and elsewhere; that is to say, all of the interstate rates applicable to all interstate shipments of cattle and other live stock from all points in said States and Territories are unjust, unreasonable, and unlawful, and in violation of section 1 of the act to regulate commerce. And that such rates applicable to such shipments as aforesaid, which were put in force by defendants during the year 1899 and ever since the same became effective, up to and including this date, were, have been, and are, likewise, unjust and unreasonable and, likewise, in violation of section 1 of the act to regulate commerce. For example, the rates on beef cattle and calves in carload lots, in cents per hundred pounds, between the stations hereafter named, in effect in the years 1898 and 1903, are and were as follows: Complainant would show to the Commission, from the above illustrations, the advances which have been made within the past five years in the freight rates on cattle, and it avers that the examples given indicate substantially the advances which have been made from Texas, Indian Territory, and Oklahoma points; and further, that similar advances have been made from points in New Mexico and Arizona to the advances made in rates from Texas points, and that similar advances have been made from points in Kansas and Colorado to the advances made from points in Indian Territory and Oklahoma, but complainant is not able to state the precise amount thereon, and therefore refers to the tariffs on file with the Commission to show the amount and dates of such advances. Complainant avers that on or about February 1, 1899, the defendants conspiring and confederating together by unlawful combination and joint arrangement between each other, in restraint of trade and with the purpose and intent of stifling competition between themselves, and between each of them and other railway companies engaged in interstate transportation of cattle and other live stock, unlawfully advanced the said rates of freight for the transportation of cattle and other live stock from all the points in the States and Territories mentioned to all points in each of the other States and Territories mentioned, and from all of the points in each of the States and Territories mentioned to the several markets mentioned and as well to other markets not specifically mentioned, and at said date or about said date, as complainant is informed and believes and hence charges, said defendants thereby advanced said rates of freight about 2 cents per 100 pounds the exact amount of which advances from the different points of origin of cattle and other live stock shipments from said States and Territories to the said several markets, complainant is not able to state, but refers to said tariffs on file. And, also, on or about December 15, 1899, said defendants in like manner, with like intent and purpose, again advanced said rates as applicable from Texas, Indian Territory, Oklahoma, and New Mexico points the amount of 3 cents per 100 pounds; and also advanced the said rates from points in said other States, but the amounts thereof complainant can not definitely state, but makes reference to said tariffs on file to show the same. Complainant further states that, as applicable from some of the points in the States and Territories mentioned to points in others of such States and Territories mentioned, there were other advances of the said rates during the year 1899, to show which reference is made to said tariffs on file. Complainant charges that said advances in said rates of freight were and are unlawful, unjust, and unreasonable, and in violation of section 1 of the act to regulate commerce; and further, that the rates of freight from the points and territory aforesaid to the points and territory aforesaid thereby became unjust and unreasonable and unlawful and in violation of the provisions of section 1 of said act. Complainant further avers and charges that the said rates of freight as advanced as aforesaid have since, by the unlawful combination of defendants, been maintained, and that defendants have from time to time since such advances were made again advanced said rates of freight, for the dates and amounts of which complainant refers to the tariffs on file. That particularly about March, 1903, the defendants, in pursuance of their aforesaid conspiracy, confederacy, and combination in restraint of trade, unlawfully advanced the said existing rates of freight on cattle and other live stock between points in each of said States and Territories and points in each of such other States and Territories, and between the points in such States and Territories and the said markets mentioned, as well as other markets, to the amount of about 3 cents per 100 pounds, thereby making said rates higher than they had been for fifteen years. That such advances were unlawfully made and were and are unjust and unreasonable and in violation of section 1 of the act to regulate commerce, and the rates of freight as so advanced were and are likewise unlawful, unjust, and unreasonable, and in violation of the act to regulate commerce. That through and by means of said unlawful combination and conspiracy said defendants have since said dates of increasing said rates as aforesaid unlawfully maintained the same as thus increased, and demanded, received, and collected the same upon all shipments of cattle and other live stock between each of said States and Territories and all points in each of such other States and Territories, and between all points in such States and Territories and each of said markets, as well as to all other markets to which shipments were and are made. That during the period while such unreasonable rates have been in force complainant's members have shipped many hundreds of thousands of cattle and paid therefor such unlawful charges; that such shipments have been so made from each of said States and Territories to said markets mentioned, as well as to other markets, and from points |