class of the Official Classification contains over 2,000 articles, and includes soap and many other grocery articles, such as canned fruits and vegetables, candles, cabbage, pickles, potatoes, pumpkins, parsnips, squash and turnips, chicory, citron, lemon and orange peel, desiccated cocoanut, coffee, fruit butters, jelly, sauce, soap and washing powders, macaroni, vermicelli, flour paste, mustard, olives, pickle or brine, soups and broths, sugar, syrup and tapioca. Numerous other articles sold by grocers or in general stores are also in the fifth or higher classes. Without some showing of discrimination against soap in its classification as compared with other articles of the same general character, or any special distinction appearing in favor of soap in either volume, value or controlling commercial considerations, we are unable to find simply because it is a desirable article of traffic for the railroads in the matter of earnings and ease of handling that it is unjust to retain it in Class 5 with other articles of like character, some of which are equally as attractive as soap from the standpoint of car revenue.' 1974 § 512. Vegetables. 75 Celery was compared with other vegetables for table use, and it was concluded that it should be classified with such vegetables rather than with perishable fruits." “It is a matter of general knowledge that during recent years, and especially since the change in classification mentioned in the complaint, celery has come into much more common use. Its production has greatly increased to be entitled to the same rates. Whiteland Canning Co. v. P. C. C. & St. L. Ry., 22 I. C. C. R. 261. 74 Sugar and coffee are not like kinds of traffic within the meaning of section 2. Traffic Ass'n of St. Louis Coffee Importers v. I. C. R. R. Co., 28 I. C. C. 484. Classification of pepper in Western Classification territory not found un reasonable. Tone Bros. v. I. C. R. R., 26 I. C. C. 279. Canned peas should take same rate as canned goods of general mixture. Empson Packing Co. v. C. N. Ry., 22 I. C. C. R. 268. 75 Veazie, Commissioner, in Tecumseh Celery Co. v. Cincinnati, J. & M. Ry., 4 Int. Com. Rep. 318, 5 I. C. C. Rep. 663. and its market value has declined. It certainly is no more a table luxury than some of the vegetables which have a lower class in the Western Classification. As varied or qualified by the foregoing, the facts stated in the petition are found to be true, and we hold that the complainant is entitled to the relief claimed. For that portion of its line over which the Western Classification is in force the Wabash road should class celery with cauliflower, asparagus, lettuce, green peas, string beans, oyster plant, egg plant, and other vegetables enumerated in Class C of that classification, rather than with berries, peaches, grapes, and other fruits specified in Class III. thereof, and the defendants should transport celery from Tecumseh to Kansas City at no higher rate per carload than they charge for carrying a carload quantity of any of said vegetables named in Class C aforesaid.” 76 § 513. Lumber. Forest products not entirely manufactured have been compared and placed in the same class. Thus lumber and railroad ties should have the same classifications."7 Box shooks should be classified with lumber, laths and shingles and hub blocks should be classed with lumber instead of with wagon materials.78 The Commission has recently held it unjust, unreasonable, and discriminatory to force club-turned spokes to bear higher rates than are imposed for like service upon analogous wood articles 76 Cantaloupes compared with peaches, vegetables, and water-melons. Bahrenburg, Bro. & Co. v. A. C. L. R. R., 24 I. C. C. 560. 77 Reynolds v. Western N. Y. & P. Ry., 1 Int. Com. Rep. 688, 1 I. C. C. Rep. 393. 78 Michigan Box Co. v. Flint & P. M. R. R., 6 I. C. C. Rep. 335. Such a low-grade traffic as pulp wood ordinarily takes a lower rate than lumber; but in this case, the lumber rate being competitive, the rate on wood pulp prescribed on the lumber-rate basis. Wisconsin Pulp Wood Co. v. G. N. Ry., 22 I. C. C. R. 594. Hardwood lumber was not found by the Commission to be entitled to a lower rate than pine lumber. Adjustment under which both pine and hardwood take same rate, not disturbed. In re Advances on Lumber, 24 I. C. C. 686. class of the Official Classification contains over 2,000 articles, and includes soap and many other grocery articles, such as canned fruits and vegetables, candles, cabbage, pickles, potatoes, pumpkins, parsnips, squash and turnips, chicory, citron, lemon and orange peel, desiccated cocoanut, coffee, fruit butters, jelly, sauce, soap and washing powders, macaroni, vermicelli, flour paste, mustard, olives, pickle or brine, soups and broths, sugar, syrup and tapioca. Numerous other articles sold by grocers or in general stores are also in the fifth or higher classes. Without some showing of discrimination against soap in its classification as compared with other articles of the same general character, or any special distinction appearing in favor of soap in either volume, value or controlling commercial considerations, we are unable to find simply because it is a desirable article of traffic for the railroads in the matter of earnings and ease of handling that it is unjust to retain it in Class 5 with other articles of like character, some of which are equally as attractive as soap from the standpoint of car revenue.” 74 § 512. Vegetables. Celery was compared with other vegetables for table use, and it was concluded that it should be classified with such vegetables rather than with perishable fruits.75 "It is a matter of general knowledge that during recent years, and especially since the change in classification mentioned in the complaint, celery has come into much more common use. Its production has greatly increased to be entitled to the same rates. Whiteland Canning Co. v. P. C. C. & St. L. Ry., 22 I. C. C. R. 261. 74 Sugar and coffee are not like kinds of traffic within the meaning of section 2. Traffic Ass'n of St. Louis Coffee Importers v. I. C. R. R. Co., 28 I. C. C. 484. Classification of pepper in Western Classification territory not found un reasonable. Tone Bros. v. I. C. R. R., 26 I. C. C. 279. Canned peas should take same rate as canned goods of general mixture. Empson Packing Co. v. C. N. Ry., 22 I. C. C. R. 268. 75 Veazie, Commissioner, in Tecumseh Celery Co. v. Cincinnati, J. & M. Ry., 4 Int. Com. Rep. 318, 5 I. C. C. Rep. 663. and its market value has declined. It certainly is no more a table luxury than some of the vegetables which have a lower class in the Western Classification. As varied or qualified by the foregoing, the facts stated in the petition. are found to be true, and we hold that the complainant is entitled to the relief claimed. For that portion of its line over which the Western Classification is in force the Wabash road should class celery with cauliflower, asparagus, lettuce, green peas, string beans, oyster plant, egg plant, and other vegetables enumerated in Class C of that classification, rather than with berries, peaches, grapes, and other fruits specified in Class III. thereof, and the defendants should transport celery from Tecumseh to Kansas City at no higher rate per carload than they charge for carrying a carload quantity of any of said vegetables named in Class C aforesaid." 76. § 513. Lumber. Forest products not entirely manufactured have been compared and placed in the same class. Thus lumber and railroad ties should have the same classifications." Box shooks should be classified with lumber, laths and shingles and hub blocks should be classed with lumber instead of with wagon materials.78 The Commission has recently held it unjust, unreasonable, and discriminatory to force club-turned spokes to bear higher rates than are imposed for like service upon analogous wood articles 76 Cantaloupes compared with peaches, vegetables, and water-melons. Bahrenburg, Bro. & Co. v. A. C. L. R. R., 24 I. C. C. 560. 77 Reynolds v. Western N. Y. & P. Ry., 1 Int. Com. Rep. 688, 1 I. C. C. Rep. 393. 78 Michigan Box Co. v. Flint & P. M. R. R., 6 I. C. C. Rep. 335. Such a low-grade traffic as pulp wood ordinarily takes a lower rate than lumber; but in this case, the lumber rate being competitive, the rate on wood pulp prescribed on the lumber-rate basis. Wisconsin Pulp Wood Co. v. G. N. Ry., 22 I. C. C. R. 594. Hardwood lumber was not found by the Commission to be entitled to a lower rate than pine lumber. Adjustment under which both pine and hardwood take same rate, not disturbed. In re Advances on Lumber, 24 I. C. C. 686. 80 which move at lumber rates.79 And when formerly shingles were compared with other lumber products, it was held that they should be in the same class. "Generally speaking the demand for and use of shingles as building material are quite as important and general as for any other lumber product, and the necessity is equally as great that such product shall be charged only a reasonable and equitable rate for its transportation. Shingles being put up in bundles for shipment, the work of handling is facilitated so that no more, and perhaps even less, labor is required than for the handling of many other lumber products classed with and charged the same transportation rate as lumber, such as laths, shooks, sawdust, box and moulding material and other stuff of the regular dimensions. The weight of shingles that can be loaded in a car will also compare favorably with the above named and many other lumber products taking the lumber rate. No testimony has been submitted as to the relative values of these various products, but it may be assumed safely, that shingles are worth as much per carload as the average of articles taking the lumber rate. No claim has been made that there is any greater risk in shipping shingles than any other article included in the lumber classification." $514. Bottled goods. A comparison of articles shipped in glass was made, upon complaint of the proprietor of a patent medicine 79 Eastern Wheel M'frs Ass'n v. A. & V. Ry., 27 I. C. C. 370. 80 Yeomans, Com., in Duluth Shingle Co. v. Duluth, South Shore & Atlantic Ry., 10 I. C. C. Rep. 489. The Commission has held it discriminatory to force wagon wood and plow beams, in the rough, to bear higher rates than are imposed for like service upon many analogous articles which move at lumber rates. Sligo Iron Store Co. v. St. L. & S. It is the Commission's impression that rates on box shooks, laths, shingles, ties and certain other rough products of lumber ordinarily do not exceed rate on the lumber from which they are manufactured. Sawyer & Austin Lumber Co. v. St. L., I. M. & S. Ry., 19 I. C. C. R. 141. |