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carloads from the anthracite coal regions of Pennsylvania to New York, Boston, Washington, and other eastern points. Bills of lading in official classification territory. Division of joint rates and other allowances to terminal railroads. Unjust demurrage charge at New Kensington, Pa. Rates on hay from East St. Louis, Ill., to points in States south of Kentucky and Virginia and east of the Mississippi River. Unjust reconsignment charge on shipments of hay at East St. Louis, Ill. Rates on hay from Robinson and La Junta, Colo., and Dodge City, Kans., to Marshall, Jefferson, and Kildare, Tex. Rates on snap corn, in carloads, from Grove, Ind. T., to Marshall, Tex. Rates on cotton seed from Shreveport and points north thereof in Louisiana to Texarkana, Ark. Rates on buggies, carloads, boxed, from Rockhill, S. C., to Tallahassee, Fla. Rates on cotton piece goods from Warrenville, Graniteville, and Vaucluse, S. C., and Augusta, Ga., to New York City. Rates on cotton piece goods from points in Georgia, Alabama, and South Carolina to Cincinnati, Ohio. Rates on canned goods, grain, flour, hay, and packinghouse products from Cincinnati, Ohio, and Memphis, Tenn., to Helena and McRae, Ga. Rates on lumber from Dalton, Ga., to Cincinnati, Ohio, other points in Ohio, and points in West Virginia and Kentucky. Rates on lumber from Dalton, Ga., to Wytheville, Pulaski, East Radford, and Christiansburg, Va. Rates on various kinds and classes of property from Chicago, Ill., St. Louis, Mo., and New Orleans, La., to Griffin, Ga. Rates on sectional or elastic bookcases knocked down and shipped in packages from Cincinnati, Ohio, to points in official classification territory. Rates on hay from Pataskala, Ohio, to Wilmington and Greenville, N. C. Rates on hay from Summit, Ohio, to Lenoir, N. C. Rates on oak lumber, in carloads, from Afton and Gordonsville, Va., and points between, to Philadelphia, Pa. Passenger fare from St. Paul, Minn., to Gardiner, Mont., and points in the Yellowstone National Park. Rates on corn and corn products from Missouri River points to points in Louisiana. Rates on corn and corn products from Missouri River points to points in Texas. Rates on corn and corn products from Missouri River points to points in Washington, Oregon, and California. Rates on wooden ware, including pails, tubs, kegs, and kits, in carloads, from points in Wisconsin, Minnesota, Illinois, Missouri, and Michigan to North Pacific coast terminals. Charges for the transportation and refrigeration of fruit shipped from points on the Pere Marquette and Michigan Central railroads. Transportation of frieght by common carriers in cars not owned by said common carriers. Rates on plate glass from Pittsburg, Pa., and other points to Chicago and other western points and to New York and other eastern points. Advance in rates on live stock to points in Texas, New Mexico, Oklahoma, Colorado, and Kansas to Kansas City, St. Joseph, South Omaha, St. Louis, Chicago, Fort Worth, New Orleans, Denver, and Pueblo. Terminal charge on live stock at Union Stock Yards, Chicago, Ill. Failure to furnish side-track connections at mines between Buckhannon and Western, W. Va. Rates on egg coal in carloads from Williamson and East Williamson, W. Va., to Alexandria, Ind. Unreasonable demurrage charge on shipments of hay at Dawson and Albany, Ga. Unreasonable demurrage charge on shipment of hay at Mahanoy City, Pa. Unreasonable demurrage charge on shipments of hay to Spartanburg, S. C. Rates on hay from Johnstown, Ind., to Charleston, S. C. Passenger fare from Ellenton and Jackson, S. C., to Augusta, Ga. Rates on various classes of freight from Boston, Mass., Providence, R. I., New York, N. Y., Philadelphia, Pa., and Baltimore, Md., to Aiken, Graniteville, Langley, and Blackville, S. C. Rates on flour from St. Louis, Mo., Ava, Ill., Evansville, Ind., and Cairo, Ill., to Gordo, Ala. Alleged unlawful rates and practices in the transportation of grain and grain products to and from Louisville and other Ohio River points. Rates on hay from East St. Louis, Ill., to New Orleans, La. Alleged unlawful preferences by the Wabash Railroad Company between consignees of freight in St. Louis. The matter of elevator allowances. Proportional rate on flour from Little Rock to Hope, Ark., on through shipments from Lamar, Mo. Rates on coal from Centerville, Iowa, to Albany, Mo. Discrimination in matter of delivery of shipments of dressed beef and pork products at Canal Street yard, in Providence, R. I. Higher through passenger fare from Fernandina, Fla., to Savannah, Ga., than the sum of the locals. Charges for the refrigeration of fruits and vegetables shipped from points in Georgia, South Carolina, and North Carolina to New York and other northeastern markets over the Central of Georgia Railway et al. Charges over the Kansas City Southern Railway and connecting roads for the refrigeration of fruit and vegetables from points in Missouri, Arkansas, Louisiana, and Texas. Charges over the St. Louis and San Francisco Railroad and connecting roads for the refrigeration of fruit and vegetables from points in Missouri, Arkansas, Indian Territory, and Texas. Charges over the St. Louis, Iron Mountain & Southern Railway and connecting roads for the refrigeration of fruits and vegetables from points in Missouri, Arkansas, and Texas. Charges over the Southern Pacific Railway and connecting roads for the refrigeration of fruit and vegetables from points in California. Charges over the Atchison, Topeka & Santa Fe Railway and connecting roads for the refrigeration of fruits and vegetables from points in California. Rates on petroleum and its products from points in Ohio and Pennsylvania to points in Rhode Island and Connecticut. Unreasonable rates on petroleum and its products from Pittsburg, Pa., to Waterbury, Conn. Failure to furnish cars at Valley Center, Doyle, Avoca, Croswell, and Memphis, Mich., for shipments of hay and grain. In the matter of rebates upon shipments of forest products transported by the Suffolk & Carolina Railway Company from points in the State of North Carolina to points in the State of Virginia. Proposed increase in the minimum percentage of cars in trains required to be operated with power or train brakes. Charges for the transportation of wool from points in Montana, Idaho, Wyoming, Colorado, and Nevada to points east of the Mississippi Rirer.
DECISIONS OF THE COMMISSION.
Forty-five formal decisions have been rendered during the year. This number, greater than in any previous year, includes cases of unreasonable rates, discriminations between localities, between commodities, and between persons, and also in facilities of transportation, with some cases involving departure from published tariff rates and some relating chiefly to reparation. It will thus be seen that nearly every kind of action prohibited by the regulating statute has been the subject of decision and order during the past year. The cases will be stated briefly under the headings mentioned, but while they may be generally so divided, it should be understood that numerous cases relate in some degree to two or more subjects, and that they are thus arranged only for convenient classification.
The eleven cases treated under this heading are those decided mainly under the first section of the act, which requires that all charges for transportation shall be reasonable and just. A few additional cases of unreasonable rates will be mentioned under the heading of “ Reparation."
The Cattle Rate case.-A case relating to the reasonableness of rates and involving very large interests is that of the Cattle Raisers' Association of Texas v. Missouri, Kansas & Texas Railway Company et al. (11 I. C. C. Rep., 296), in which the Cattle Raisers' Association of Texas appeared as complainant. Its members are engaged in live-stock operations in nearly every State and Territory west of the Missouri River except the Pacific Coast States. Practically all the railroad companies engaged in interstate transportation of live stock in which the members of the complainant association operate were made defendants.
The rates charged for such transportation of live stock were complained of as unjust and unreasonable. The case relates particularly to advances in rates on cattle from points north of the Texas quarantine line to northern ranges in Colorado, western Nebraska, Wyoming, Montana, North and South Dakota, and also to advances in rates
from points in Texas, Colorado, Wyoming, Arizona, Nebraska, Kansas, Indian Territory, and New Mexico to Chicago, St. Louis, and Kansas City. In the decision the advances in rates are shown in detail, commencing early in the year 1899, and to the various points mentioned some reductions are stated.
The Commission considered the cost to the carriers at originating and delivering points, cost and maintenance of equipment, expense of unloading and reloading in transit incident to feeding, watering, and resting the stock, character of the movement, number of cars in trains, the average loading, volume, and desirability of the traffic, the return of empty cars, the liability to damage, the cost of carriage, the increased cost of producing live stock, decreased selling price, method of making the advanced rates, disappearance of competition, cost of railroad labor and supplies, improved methods of operation and increased general traffic, mileage, revenue per car and per train, and other pertinent circumstances and conditions which need not be described.
The conclusion of the Commission was that the advances in live-stock rates made by the defendants during the year 1903 were unjust and unreasonable, and that to the extent of such advances the present rates are unjust and unreasonable.
A further ruling in this case was that the present terminal charge for the delivery of live stock at the Union Stock Yards in Chicago, amounting to $2 per car, is unjust and unreasonable, and that the reasonable charge would be $1 per car for such terminal services. This point was also involved as a main issue in another proceeding, a statement of which immediately follows.
The Chicago Live-Stock Terminal Charge case. This case is entitled Cattle Raisers' Association of Texas, complainant, and Chicago Live-Stock Exchange, intervener, v. Chicago, Burlington & Quincy Railroad Company et al. (11 I. C. C. Rep., 277). The decision last rendered by the Commission in this proceeding is the fourth the Commission has had occasion to make in the case. On June 1, 1894, the railways entering the city of Chicago imposed a charge of $2 per car for the delivery of live stock at the Union Stock Yards. Before that no charge was made for such delivery. On September 1, 1896, the Cattle Raisers' Association complained to the Commission, alleging the unlawfulness of this terminal charge, and on March 10, 1897, the Chicago Live Stock Exchange intervened in support of the complaint. Under the complaint and intervening petition this terminal charge as applied to all live-stock shipments delivered at the Union Stock Yards by the defendants was challenged.
After investigation the Commission decided that the charge was unreasonable to the amount of $1 per car, and stated that an order would be made requiring the carriers to cease and desist from continuing to impose the charge of $2. Subsequently the carriers filed a motion for rehearing, which, after further argument, was denied in a separate report and opinion. Thereupon an order was made pursuant to the original opinion, the question of reparation being reserved for future consideration. The defendants having refused to obey the order, legal proceedings were instituted for its enforcement, which finally resulted in the affirmance by the Supreme Court of the United States of the decree of the circuit court dismissing the petition of the Commission, but with a qualification.
The Supreme Court held that the Commission was right in its conclusion that the expense of delivery had been previously included in the through rate and that the defendants were not justified in imposing the additional charge of $2 when the expense to them had only been increased by $1, and therefore the entire rate which the shipper was compelled to pay was $1 too high; but inasmuch as the rates from certain territory had been reduced by an amount much greater than the addition made by the terminal charge, the court was of the opinion that the rate was still favorable to the shipper, and since the report of the Commission left it doubtful whether this reduction from that particular territory, which amounted to 5 cents, applied to all the territory in question, or, if it applied to a part only, did not definitely define that part, the court could not enforce the order of the Commission as made, but was compelled to affirm the decree of the circuit court declining to enforce the order. The Supreme Court stated, however, in concluding its opinion that its decision and consequent decree were to be without prejudice to the right of the Commission to subsequently proceed with respect to any territory to which the reductions did not apply.
In February, 1903, the Cattle Raisers' Association of Texas and the Chicago Live Stock Exchange filed a petition asking permission to proceed with the matter of reparation, and also to reopen the case with a view to defining the territory to which the reduction of 5 cents did not apply and making an order in respect to that territory. This petition was granted, and the defendants were notified to file such answers in the premises as they might desire. The defendants, instead of answering, filed a motion to vacate the order of the Commission to proceed with the matter of reparation and to reopen the case. Thereupon the Commission rendered another decision, and held that the matter of reparation was not connected with nor controlled by the order to cease and desist, and that in its original decision the Commission had expressly reserved the subject of reparation for further consideration; and that while a decision upon the order to desist might be of such a character as to necessarily control the awarding of reparation, it was in no sense an adjudication of that