COMPLAINT OF THE FRANK TANNING COMPANY. REDWOOD CITY, CAL., April 20, 1893. To the honorable Board of Railroad Commissioners of the State of California: GENTLEMEN: The undersigned would most respectfully call your attention to the unfairness practiced in shipments of leather from Santa Cruz to this point. We have lately received two separate consignments of leather from Santa Cruz upon which a freight rate of twenty-four (24) cents per 100 pounds was charged, whereas our house in San Francisco is continually receiving leather from the same point upon which only seventeen (17) cents per 100 pounds is charged. The leather to San Francisco passes through Redwood City, and is hauled twenty-eight miles farther, at a less rate of seven (7) cents per 100 pounds. We therefore ask your honorable Board to afford us such relief as we think we are entitled to in this matter. Very respectfully, THE FRANK TANNING CO. Filed in office of Railroad Commissioners, April 21, 1893. JAS. V. KELLY, Secretary. ANSWER TO COMPLAINT OF THE FRANK TANNING COMPANY. SOUTHERN PACIFIC COMPANY, OFFICE OF THE GENERAL TRAFFIC MANAGER, SAN FRANCISCO, May 18, 1893. To the honorable Board of Railroad Commissioners of the State of California: GENTLEMEN: In answer to the communication filed with your honorable Board on the 21st of April, 1893, by the Frank Tanning Company, a copy of which has been sent to and received by the Southern Pacific Company: The Southern Pacific Company respectfully states: It is true that the rate on leather in less than carloads charged by the Southern Pacific Company for the transportation from Santa Cruz to Redwood City is twenty-four (24) cents per 100 pounds, while the rate from Santa Cruz to San Francisco is seventeen (17) cents per 100 pounds; but the reason and justification for this difference are as follows: The transportation of leather and other commodities between Santa Cruz and San Francisco is made by this defendant in competition with the transportation between said points by watercraft, and the transportation between Santa Cruz and Redwood City is not so made. The rate charged by the Southern Pacific Company on leather from Santa Cruz to Redwood City, 24 cents per 100 pounds, as aforesaid, is a rea sonable, fair, and just rate, and gives to the Southern Pacific Company no more than a reasonable, fair, and just compensation for the service rendered in the transportation. The rate on leather from Santa Cruz to San Francisco, 17 cents per 100 pounds, is less than what would ordinarily be a reasonable, fair, and just rate to this defendant for the service rendered in the transportation; but this rate is forced on the Southern Pacific Company by reason of the competition aforesaid, which applies to the transportation between Santa Cruz and San Francisco and does not apply to the transportation between Santa Cruz and Redwood City, but the aforesaid rate gives to the Southern Pacific Company something more than the actual cost of movement. The rate by watercraft on leather from Santa Cruz to San Francisco is, and for a long time has been, in less than carload lots, twelve and one half (12) cents per 100 pounds, to which is added a charge of two and one half (2) cents for wharfage at Santa Cruz, making a total rate by water craft from Santa Cruz to San Francisco fifteen (15) cents per 100 pounds; and by reason of this competition the Southern Pacific Company has been and is forced to accept less than a reasonable, fair, and just rate on the transportation of leather in less than carload lots from Santa Cruz to San Francisco; and under the aforesaid competition by water craft the Southern Pacific Company has been and is unable to obtain for the service rendered in such transportation from Santa Cruz to San Francisco any rate greater than seventeen (17) cents per 100 pounds. The lower rate to San Francisco than to Redwood City, as herein before set forth, is a natural advantage of location which San Francisco, by reason of its situation on tide-water, has over Redwood City, and is a condition which the Southern Pacific Company is forced to recognize in establishing its rate. If the rate to San Francisco should be increased by the Southern Pacific over the rate now charged by it for the transportation of leather in less than carload lots from Santa Cruz to San Francisco, the entire traffic would be lost to the Southern Pacific Company, and would be gained by the watercraft aforesaid, which would entail a loss on the Southern Pacific Company without conferring any advantage or benefit on Redwood City, or the Frank Tanning Company. Inasmuch as the right of railroads to so adjust their rates as to meet competition, which is of itself actual, active, and of controlling force, has been heretofore fully recognized by the laws of the State of California, and of the United States, as uniformly interpreted by the Railroad Commission of the State of California and the Interstate Commerce Commissioners of the United States and by the Courts, it is respectfully submitted that the complaint of the Frank Tanning Company is without merit. Respectfully submitted. SOUTHERN PACIFIC COMPANY. Filed in office of Railroad Commissioners, May 19, 1893. JAS. V. KELLY, Secretary. COMPLAINT OF R. L. DUNN. AUBURN, PLACER COUNTY, CAL., March 3, 1893. To the Board of Railroad Commissioners, San Francisco, Cal.: GENTLEMEN: The undersigned respectfully represents that he is an elector and resident of Placer County, California. He desires to call to your attention a certain matter coming within your official jurisdiction. Some three years since the Southern Pacific Company constructed, and have since maintained, a certain "spur track" known by the railroad name of Bowman Spur, on the line of the Central Pacific Railroad, in Placer County, at a point as near as may be half way between the stations of Auburn and Clipper Gap, and distant from 3 to 3 miles from each place. The said spur track was in the first place erected at the request and partial expense of the residents of the locality for whose use it was primarily intended. Since its construction it has been continuously maintained as a point of receipt of, and delivery of freight traffic, and the undersigned is informed and believes that freight rates have been fixed by the railroad company for the use of shippers of freight to and from the said spur. There is no station agent or telegraph office at said spur or is it, so the undersigned is informed and believes, noted on the time-card sheets of the train service of the railroad. For several months last past what is commonly known as the Colfax local train, carrying passengers, takes passengers on at said spur on being flagged and stops to let passengers off on request. The passenger traffic has been gradually increasing during this period, and the undersigned believes that its amount is as considerable as that of Antelope, Arcade, or Applegate, or other flag stations on the run of the said Colfax local train, and with greater possibilities of increase. The particular matter to which your attention and action are invited is the matter of passenger fares to and from the said Bowman Spur. The fare charged and collected by the conductor of the aforesaid train, by authority and direction of his superiors, is 35 cents from Auburn and Clipper Gap, respectively, to the said Bowman Spur, and 35 cents from Bowman Spur to either of the two adjacent stations noted. You will note that the rate of fare established by your Board, in conformity with law, for passenger travel from Auburn to Clipper Gap, is 35 cents. undersigned submits that the Bowman Spur rates aforesaid do not conform to the general mileage rate established by your Board, and that the rate should properly be a proportional part, in the ratio of distance, to the rate established by you between Auburn and Clipper Gap. The undersigned, for himself and the other residents of the locality with whose wishes he is personally conversant, requests that you will ascertain and establish such a rate of passenger fare for said Bowman Spur. Respectfully, R. L. DUNN. Filed in office of Railroad Commissioners, March 6, 1893. JAS. V. KELLY, ANSWER OF SOUTHERN PACIFIC COMPANY. SAN FRANCISCO, March 13, 1893. To the honorable Board of Railroad Commissioners of the State of California, San Francisco: GENTLEMEN: I beg leave to own receipt of a copy of Mr. R. L. Dunn's complaint to your Commission under date of March 3d, in respect to the rates charged for passengers from Auburn and Clipper Gap, respectively, to Bowman's Spur. Bowman's Spur, as stated in the petition, is a spur track put in at a point 3.3 miles east of Auburn and 3.41 miles west of Clipper Gap, on the line of the Central Pacific Railroad. This spur track was put in for freight purposes only. It has never been made a passenger station, and so far the travel to and from that point has not been sufficient to justify its being made a passenger station. Nevertheless, our trains, Nos. 1 and 2, Nos. 25 and 26, stop at Bowman's Spur to take on passengers when signaled to do so, and if a passenger for Bowman's Spur is on the train it will stop to deliver him at that point. The rate charged in this case is the same as in all other similar cases, namely, the regular mileage rate to the station beyond. During the month of January, 1893, our Ticket Auditor reports that there were but 2 passengers reported from Bowman's Spur, and during the month of February but 7 passengers. Both passengers carried in January were destined to Sacramento, and of those carried in February, 5 were destined to Sacramento and 2 to Auburn. The rate charged between Bowman's Spur and Auburn and Clipper Gap, respectively, is 35 cents per passenger, as stated in the petition. We respectfully submit that as it is not a regular station, and as there is not business enough to make it a regular station, and as the trains named above stop upon signal to take up passengers, or, if they bear passengers to be delivered there, stop for the purpose of said delivery, and as in all cases it is a special stop, not provided for on the time card, and is therefore unusually expensive, the rates charged under the rule, which is uniform throughout the State for similar cases, are reasonable and justifiable, and we would respectfully request your approval of the DEAR SIR: I am informed by an official of the railroad company that the matter concerning which I wrote to the Railroad Commissioners two weeks since will shortly be adjusted satisfactorily; that in a few months the spur will be made into a side-track and put on the timecard sheet with the proper mileage rate. Under the circumstances I am not disposed to push my complaint with the Commission, so if an equivalent statement is made by the company to you, I am willing to withdraw it as having been satisfactorily adjusted. Thanking you for your attention to the matter, Very truly yours, R. L. DUNN. Filed in office of Railroad Commissioners, May 8, 1893. COMPLAINT OF SHAW BROTHERS. RAYMOND, CAL., January 26, 1893. Hon. WILLIAM BECKMAN, Railroad Commissioner: DEAR SIR: If you will remember, some time ago we had a conversation (on train going from Fresno to San Francisco), regarding the rate of freight on the Raymond branch. Recently the company has reduced the rate on wood, to Madera only, to $1 per cord, which is very reasonable, but as there is but little wood shipped to Madera, compared to Fresno and Merced, the reduction does not benefit this community very much. What we need very much is a cheaper rate to Fresno and Merced, especially to Fresno, so as to compete with other localities on other branch roads. Brickyard men of Fresno tell us that they ship almost double the distance on the Sanger and Porterville branch, for less than they can from Raymond. Our firm alone could ship on an average of two thousand cars yearly, if we had a competing rate with other branch roads to Fresno. We have to pay the same rate from Herbert switch, 3 miles from here, as from Raymond. In shipping grain to Raymond, we pay same rate to Talbot switch, 6 miles this side of Berenda, as from Berenda. With the present rate on grain from Talbot or Berenda, we can haul it by team cheaper. They charge same for car-lots as for local from Berenda. At the present rate on wood to Fresno and Merced, it can be hauled by team from same locality for less than we can ship. If you think necessary, we will make complaint direct to the Railroad Commissioners, signed by the patrons of the road. Hoping that you will favor us with your influence in securing a cheaper rate on this branch to and from all points, we remain, Yours most respectfully, SHAW BROTHERS. Filed in office of Railroad Commissioners, May 8, 1893. JAS. V. KELLY, Secretary. |