(c) All collisions involving freight or passenger trains, whether resulting in loss of life or not.

(d) All explosions of boilers, and also all accidents to locomotive boilers resulting in death or serious injury to any person.

(e) All bridge failures.

The telegraph report shall show the date, time and place and kind of accident; the train or trains involved; the number of passengers killed or injured, if any.

In Class "D" the notice must show the number of locomotive and place where the boiler can be examined.

The provision in reference to derailments does not apply to minor derailments.

REPORT BY MAIL.

(2) Every accident, whether covered in a preliminary notice by telegraph or not, shall be reported to the Commission upon a forn prescribed by the Commission, immediately after the circumstances. attending the accident shall have been ascertained.

(3) An accident occurring on railroad or a division used jointly or in common by two or more companies, shall be reported by the company whose superintendent has immediate charge of the road, or the division in question.

(4) A collision (as at crossings) of the trains of two different companies shall be reported by both companies. The report of such collision shall be plainly endorsed at the top "Crossing" or "Junction."

(5) An accident on a private siding or private track shall be reported by the railroad company to which the engine at work on the siding belongs.

(6) Accidents to persons resulting in immediate death or death. within forty-eight hours from the time of the accident, shall be reported on the blank form in the column headed "Killed." All other accidents to persons including those resulting in death of the person injured after an interval of more than forty-eight hours from the time of the accident, shall be reported in the column "Injured" in daily reports, and upon the death of an injured person, after fortyeight hours, a supplemental report shall be made, stating the time and place of the death, and the nature of the injury from which such person died.

(7) Accidents to employes in repair shops, construction shops, or other places, remote from the railroads, and not connected with the transportation department, shall not be reported.

(8) Reports will be numbered consecutively, beginning with each calendar year.

(9) The term "Freight Train" is to include all trains and engines or parts of trains of any kind which are not included under "Passenger."

(10) Give in the space provided, the time that the accident occurred; if within an hour of sunrise or sunset say whether daylight or dark.

(11) Persons killed or injured should be classified so as to show whether or not they are passengers or employes, and if employes, kind and character of work engaged in."

NATURE AND CAUSE OF ACCIDENT.

(12) Give the kind and number of each train or electric car, direction of its movement (east, west, north or south), brief description of damage to cars, engines or other property.

(13) Give a statement of cause or causes as reported by division superintendent or other officer in immediate charge. If the accident was caused, or is believed to have been caused by an employee, state the experience of the employee, and give the number of hours he has been on duty, and the number of hours rest for forty-eight hours preceding accident.

(14) Quote the rule or rules bearing on the operation involved.

(15) In case of failure of air brakes, give initial and number of car, name and style of apparatus and in case a car in a train is without air brakes, mention that fact.

(16) Where accident is due to coupling or uncoupling of cars, give the facts and circumstances, and in case of defective couplers, give initial and number of car, name and style of coupler.

(17) Where accident is due to coming in contact with over-head obstructions or obstructions at side of track, give height of car, lateral distance from center of track, presence or absence of warning guards, presence of fog, snow or ice.

(18) Where accident occurs at a crossing, state whether crossing is protected and how. If protected by gates or alarm beil, state if in good working condition; if by flagman, state what warning was given.

(19) All railroad companies shall send to the Commission a copy of their final record as to the cause of any accident, when the same shall have been ascertained and such record made a part of the permanent records of the company.

Guthrie, Oklahoma, Dec. 2, 1908.

Dec. 5, 1908, the Atchison, Topeka & Santa Fe, Gulf, Colorado & Santa Fe, and Chicago, Rock' Island & Pacific Railway Companies filed motions for new trial, which were overruled and 10 days given to prepare and serve case-made.

Dec. 16, 1908, the St. Louis & San Francisco Railroad Company filed motion for new trial which was overruled.

Dec. 22, 1908, case certified to the Supreme Court.

Jan. 2, 1909, defendant, Missouri, Kansas & Texas Railway

Company requested that their motion for new trial be permitted to be filed out of time, which was granted, motion overruled and 10 days given in which to prepare and serve case-made.

Jan. 15, 1909, case was certified to the Supreme Court.

May 1st, 1909, on application, the St. Louis & San Francisco Railroad Company was permitted to supersede the order of the Commission upon the execution and filing of sufficient bond and the facts in connection therewith were certified to the Supreme Court.

June 30, 1910, received mandate of Supreme Court dismissing all appeals.

PROPOSED ORDER NO. 23.

IN RE, PROPOSED ORDER

to

ALL RAILROAD AND RAILWAY COMPANIES IN
OKLAHOMA.

Issued April 11, 1908, to promulgate rates on cement, brick, lime, sand and gravel.

Order No. 55 issued June 4th, 1908, and published in Commission's annual report for 1907-08 was subsequently amended by Orders Nos. 115 and 205 and as amended is as follows:

CORPORATION COMMISSION OF OKLAHOMA.

ORDER NO. 55.

As Amended by

ORDERS NOS. 115 AND 157.

Promulgating rates on cement, lime, asphalt, brick, stone, sand, gravel, and other articles named.

Applicable over all railways and railroads operating in the State of Oklahoma.

Effective as amended, December 14, 1908.

DISTANCE TARIFF.

Giving local and joint through rates applying on articles named between all stations in Oklahoma on the railways and railroads doing business in Oklahoma, subject to the rules and regulations as provided for.

Rates named in, Column One shall apply on lime, hydraulic or Portland cement, in straight or mixed carloads, minimum weight 38,000 pounds.

Lime, straight car loads, minimum weight 24,000 pounds.

RULE NO. 2.

Rates named in Column Two shall apply on brick (all kinds, excepting only bath or enameled), dressed or sawed stone, cement or concrete building blocks (all kinds), straight or mixed carloads, the minimum weight shall be the marked capacity of car.

RULE NO. 3.

Rates named in Column Three shall apply on asphalt rock, gypsum rock, stone (rough), undressed native granite, common clay, crushed rock, fire clay, crushed limestone, chatts, cinders, gravel, rock, sand, lead or zinc tailings, and analogous articles, straight carloads only, the minimum weight shall be the marked capacity of car.

RULE NO. 4.

Where minimum weight is shown as marked capacity of car, when cars are loaded to actual visible capacity, actual weight will govern and minimum weight shall in no case be higher than the capacity of car ordered by shipper, unless the actual weight is greater.

RULE NO. 5.

Through joint rates for the transportation of commodities named herein over two or more lines of railroad which are not under the same management or control, either directly or indirectly, shall be made by adding to the rates prescribed herein the following arbitrary figures:

"To rates shown in Column One add two (2) cents per one hundred pounds."

"To rates shown in Columns Two, Three and Four add one (1) cent per one hundred pounds."

Joint line rates shall not exceed the maximum one line rates as shown herein.