in the city of Cleveland, in said State, and is a dealer in boilers, generators, motors and other machines, shipping the same, new and second-hand, between points lying in different States of the United States, particularly in those States lying in Official Classification territory, which is generally described as that territory lying north of the Potomac and Ohio and east of the Mississippi rivers.

(II.) That the above-named defendants are common carriers engaged in the transportation of property by railroad between points in different States of the United States, and largely in said Official Classification territory, and as such common carriers are subject to the provisions of the Act to Regulate Commerce, approved February 4, 1887, and acts amendatory thereof or supplementary thereto.

(III.) That complainant, in the course of its business, ships over defendants' lines of railroad old and second-hand dynamos from points in other States to Cleveland, where they are converted into junk. That in Official Classification No. 26, dated January 2, 1905, adopted by defendants and now enforced upon their lines, dynamos, new or second-hand, boxed or on skids, crated, are classified at first class and take first-class rates over defendants' lines. That by such classification and rating defendants compel complainant to pay on its shipments of old and second-hand dynamos, which are practically worthless, the first-class rate, which is the same as is charged on new and valuable dynamos. That said rating of second-hand dynamos in the same class as new dynamos is unreasonable, unduly discriminatory, and should be changed. That the classification of second-hand or defective dynamos should be the same as that applied to junk in Official Classification, to wit, sixth class, which affords sufficient compensation for the transportation service performed, because such second-hand dynamos have no more value than the metal contained in them.

(IV.) That the wrongful classification and rating above set forth results in unreasonable and unjust transportation charges on complainant's shipments of second-hand dynamos in Official Classification territory, in violation of section one of said Act to Regulate Commerce, and subjects complainant and other shippers of second-hand dynamos, and their traffic, within the Official Classification territory, to unjust discrimination and undue and unreasonable prejudice and disadvantage, in violation of sections two and three of said Act to Regulate Commerce.

(V.) That on or about the 5th day of October, 1905, complainant had shipped to it from Marietta, Georgia, one second-hand dynamo, weighing 6,300 pounds, and costing complainant $85.00, which was delivered by connections to the defendant, the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company, at Cincinnati, Ohio, and transported thence by said defendant to Columbus, Ohio, thence via the Cleveland, Akron & Columbus Railway Company to Hudson, Ohio, and thence via the Pennsylvania Company to complainant at Cleveland, Ohio. That said shipment was billed out as one box of scrap iron" and complainant expected it to take the scrap-iron rate of 65 cents per 100 pounds; but before delivery the rate was advanced to the rate on new dynamos of $1.33 per 100 pounds. That complainant was compelled to pay the unjust and unreasonable rate of $1.33 per 100 pounds for

the transportation of such shipment, aggregating the sum of $83.79, instead of the just and reasonable rate of 65 cents per 100 pounds, aggregating the sum of $40.95. That by reason of said unjust classification complainant was compelled to pay an excess charge of $42.84, for which reparation is claimed.

Wherefore, complainant prays that defendants may be required to answer the charges herein; that after due hearing and investigation an order be made requiring the defendants, the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company, the Cleveland, Akron & Columbus Railway Company, and the Pennsylvania Company, to pay to complainant the sum of $42.84, or such other sum as, upon the proof to be adduced, the Commission may find complainant entitled to; and requiring all the defendants herein mentioned to wholly cease and desist from the aforesaid violation of said Act to Regulate Commerce; and that such other and further order or orders may be entered as the Commission may deem necessary in the premises and complainant's cause may appear to require.

Notice is hereby given under Rule V of the Rules of Practice in proceedings before the Commission that a hearing is desired in this proceeding upon the facts as stated in the complaint.

No. 6. SUSPENSION OF RATE ADVANCE

At a General Session of the INTERSTATE COMMERCE COMMISSION, held at its office in Washington, D. C., on the 25th day of March, A. D., 1913 INVESTIGATION AND SUSPENSION DOCKET No. 229

BANGOR & AROOSTOCK RAILROAD JOINT RATE CANCELLATION

IT APPEARING, That there has been filed with the Interstate Commerce Commission by C. J. Pierce, as agent for the carriers named in his tariff I. C. C. No. 15, as amended, tariffs containing schedules stating new individual and joint rates and charges, and new individual and joint regulations and practices affecting such rates and charges, to become effective the 1st day of April, 1913, designated as follows:

C. J. PIERCE, AGENT,

Supplement No. 11 to I. C. C. No. 15.

Supplement No. 12 to I. C. C. No. 15.

IT IS ORDERED, That the Commission upon complaint without formal pleading, enter upon a hearing concerning the propriety of the advances and the lawfulness of the rates, charges, regulations and practices stated in the schedules contained in said tariffs.

IT FURTHER APPEARING, That said schedules make certain advances in rates for the interstate transportation of news printing paper and the rights and interests of the public appearing to be injuriously affected thereby, and it being the opinion of the Commission that the effective date of the schedules contained in said tariffs, should be postponed pending said hearing and decision thereon:

IT IS FURTHER ORDERED, That the operation of the schedules contained in said tariffs, be suspended, and that the use of the rates, charges, regulations and practices therein stated be deferred upon interstate traffic until the 17th day of July, 1913.

AND IT IS FURTHER ORDERED, That a copy of this order be filed with said schedules in the office of the Interstate Commerce Commission, and that copies thereof be forthwith served upon the carriers parties to said schedules, and upon C. J. Pierce, Agent, and that said carriers parties to said schedules be and they are thereby made respondents to this proceeding, and that they be duly notified of the time and place of the hearing above ordered. By the Commission:

GEORGE B. MCGINTY,

Secretary.

No. 7. COMPLAINT OF REFUSING THROUGH SERVICE

BEFORE THE INTERSTATE COMMERCE COMMISSION

Docket No. 5733

COLONIAL NAVIGATION COMPANY,

Petitioner,

against

THE NEW YORK, NEW HAVEN AND

HARTFORD RAILROAD COMPANY,

Respondent.

The petition of the Colonial Navigation Company, the petitioner, respectfully shows and alleges as follows:

(I.) That the petitioner above named is a corporation duly organized and existing under the Laws of the State of New York, and is a common carrier engaged in the transportation of passengers and property by continuous carriage or shipment, wholly by water, between the City of Providence in the State of Rhode Island and the City of New York in the State of New York, and having its principal office at Pier 39 North River, New York City, in the State of New York.

(II.) That the respondent, The New York, New Haven & Hartford Rail

road Company, is a common carrier engaged in the transportation of passengers and property by continuous carriage or shipment between the City of Providence in the State of Rhode Island and various cities and towns in the New England States, including the City of Boston, Massachusetts, wholly by railroad, and as such common carrier is subject to the provisions of the Act to Regulate Commerce, approved February 4th, 1887, and Acts amendatory thereof and supplemental thereto, and that the said respondent has its principal office at New Haven, State of Connecticut.

(III.) That The New England Steamship Company is a common carrier engaged in transportation of passengers and property by continuous carriage or shipment wholly by water, between the City of New York in the State of New York, and the City of Providence, Rhode Island, and other New England ports.

IV. That the City of Providence is situated on Narragansett Bay in the State of Rhode Island, and that the said City of Providence is a transfer point at which The New York, New Haven & Hartford Railroad Company transfers passengers and property carried or shipped from the City of Boston, Massachusetts, and other New England cities, to The New England Steamship Company, for carriage or shipment to New York City and other points beyond, and where the said The New York, New Haven & Hartford Railroad Company receives passengers and property from the boats of The New England Steamship Company travelling and proceeding from New York City and other points for carriage and shipment to the City of Boston, Massachusetts, and other New England cities, upon its railroad, and that such transfer is made under through routing agreements or arrangements between the said Railroad Company and the said Steamship Company under through rates and divisions in force between said Railroad Company and Steamship Company.

(V.) That the said Colonial Navigation Company has requested The New York, New Haven & Hartford Railroad Company, in writing, to give to it the same facilities as to through ticketing and routing as granted to The New England Steamship Company, and to join with it in an arrangement for through ticketing of passengers and checking of baggage between the City of New York and the City of Boston and other New England cities located on the line of said Railroad Company via the City of Providence and for the through ticketing of passengers and through checking of baggage between the City of Boston, Massachusetts, and other cities and towns located on the lines of the said Railroad Company in various New England States and via the City of Providence to New York City, and that The New York, New Haven & Hartford Railroad Company has declined and refused to enter into such an agreement with the Colonial Navigation Company and to permit the through routing of passengers and baggage as aforesaid, although the said Colonial Navigation Company is willing to allow to the said New York, New Haven & Hartford Railroad Company as its share of the receipts for such transportation, the full rate published by the said New York, New Haven & Hartford Railroad Company and in force between the City of Providence, R. I., and the City of Boston, Massachusetts, and other New England cities, and although the said Colonial Navigation Company is willing in addition to

assume all expenses for the transportation of passengers and baggage between its boats and the station of the said New York, New Haven & Hartford Railroad Company, and despite the fact that the said New York, New Haven & Hartford Railroad Company is offering such facilities to through routing and ticketing to the New England Steamship Company as aforesaid, by way of the ports of the City of Providence, R. I., Fall River, Massachusetts, and New London, Connecticut.

(VI.) By reason of the failure and refusal of the New York, New Haven & Hartford Railroad Company to grant such equal facilities and to enter into such agreement for through routing and ticketing, it is and has been subjecting your petitioner to unjust discrimination in violation of sections 1, 2 and 3 of the Act to Regulate Commerce, approved February 4th, 1887, and the acts amendatory thereof and supplemental thereto.

(VII.) That this petitioner has made no previous application to this Commission for relief in the matter, nor is there any action in law or in equity by the petitioner against the respondent now pending, in reference to the same. WHEREFORE, the petitioner prays that the respondent be required to answer the charge herein, and that after due hearing and investigation, an order be made commanding and directing the said New York, New Haven & Hartford Railroad Company to cease and desist from said violations of the Act to Regulate Commerce as aforesaid, and directing the said respondent to establish a through routing and ticketing in connection with your petitioner's line between the City of New York and the City of Boston and other cities in the New England States, upon the respondent's line or lines of railroad by way of Providence, R. I., for the through ticketing of passengers, through checking of baggage, and providing the terms and conditions upon which such through route shall be operated, and for such other and further order as the Commission may deem just and proper in the premises and petitioner's cause may appear to require.

Dated, New York, April 15th, 1913.

STATE OF NEW YORK,

County of New York.

SS.:

COLONIAL NAVIGATION COMPANY.

James A. Joy, being duly sworn deposes and says that he is Vice-President of Colonial Navigation Company, the petitioner herein; that he has read the foregoing petition subscribed by him and knows the contents thereof; that the same is true of his own knowledge except as to those matters which are herein stated to be alleged on information and belief, and that as to those matters he believes it to be true. That the reason this verification is made by deponent and not by the complainant is that the petitioner is a corporation, and deponent has personal knowledge of the facts stated in said petition.

Sworn before me this

16th day of April, 1913.

C. S. BOSTWICK,

Notary Public No. 410.

New York Co.

JAMES A. JOY.