The carrying of live stock to market is peculiar in itself. The character of the service is of greater proportionate consideration than the charges for the same. The smallest limit in time of transit is of the greatest importance to shippers. An unnecessary delay of an hour or two results in a shrinkage in weight for which a few dollars less in the freight charges is no adequate compensation. And yet it is undoubtedly true that the rates generally on live stock are lower in view of the service performed, and risks assumed in transit by the carriers, than on any other traffic. The rates shown are not net to the road; from the rate is deducted 75 cents whenever a shipper beds the car; $1.50 is paid the stock yards company for hauling the car to the pens and for unloading the same. It is the conclusion of the secretaries that $25.00 per car, standard length, is a reasonable rate for shipments of live cattle and hogs from Columbus to South Omaha; other stations within the territory adjacent to Columbus to be adjusted in conformity therewith upon principles of equity and justice. IN THE MATTER OF THE DISTRIBUTION OF GRAIN CARS, WHENEVER BY REASON OF UNUSUAL CIRCUMSTANCES THE DEMAND FOR CARS EXCEEDS THE SUPPLY. January 7, 1890. MEMORANDUM. On December 17, 1859, the board, having received from Messrs. Steffen Bros., grain and live stock dealers at Ellis, Nebraska, an informal complaint against the Chicago, Rock Island & Pacific Railroad Company of the insufficiency of the supply of cars furnished at Ellis station for the shipping of grain, and of the distribution made between the shippers of the cars supplied, addressed the following letter to the complainants: To Steffen Bros., Ellis, Nebraska: GENTLEMEN:-Answering your letter of the 14th inst., complaining of a lack of grain cars at your point_and the refusal of the Chicago, Rock Island & Pacific Railroad Company to grant you more than one-sixth of the cars allotted to your station for grain shipments. A common carrier is obligated to provide sufficient equipment to move promptly all freights tendered according to its usual experience. The movement of corn from Nebraska the present season is extraordinary. To require a railroad company to equip with a sufficient number of grain cars to enable it to respond at once to all calls and furnish cars as rapidly as shippers demand them on such occasions, would require an expenditure of vast sums of money for an equipment which would necessarily stand idle the greater part of the year. Therefore, whenever, by reason of unusual circumstances, freights have accumulated to an exceptional extent, and are then offered in extraordinary quantities, the carrier fulfills its obligations to the public by furnishing cars ratably and fairly to all shippers, in proportion to the freight tendered by them respectively. We are not informed by your letter, or otherwise, as to whether you are operating an elevator or " buying on track;" but, for your information, we would advise you of the following well established principle, viz: The obligation of common carriers to transport freight arises. upon tender of same for transportation in usual way. A tender could not be made, we think, upon the contingency of purchase. Consequently the basis for a "ratable and fair proportion" of cars must be upon the amount of grain actually on hand and tendered for transportation. If you are not receiving a ratable proportion of cars in accordance with the above basis for distribution, and will file a formal complaint with the board setting forth the facts, we will take up the matter, feeling sure that the existence of a just cause of complaint will be promptly removed when brought to the attention of the chief officers of the railroad company. Respectfully, NEBRASKA BOARD OF TRANSPORTATION. A copy of this letter was upon the same day sent to the general manager of the Chicago, Rock Island & Pacific Railroad Company, with letter of transmittal, as follows: E. St. John, Esq., General Manager, Chicago, Ill.: DEAR SIR:-We enclose you herewith for your information copy of a letter this day addressed to Messrs. Steffen Bros., at Ellis, Nebraska. The contents will inform you of the principles laid down by the board to govern such matters. Respectfully, NEBRASKA BOARD OF TRANSPORTATION. Under date December 21, 1889, Messrs. Steffen Bros. replied to the communication from the board by letter, a copy of which herewith follows: ELLIS, Neb., December 21, 1889. To the State Board of Transportation, Lincoln, Neb.: GENTLEMEN:-Yours of the 17th to hand and noted. Have since had a personal interview with Mr. W. I. Allen, general superintendent of the Chicago, Kansas & Nebraska Railroad. He assures us that we shall have no further occasion for complaint, and that he has advised their agent at Harbine to distribute cars to shippers in proportion to amount of grain tendered for transportation. This is all we ask, and are satisfied to have this settled in this way. * Yours truly, * * STEFFEN BROS. January 16, 1890, the board was in receipt of the following: ON LINE, January 14, 1890. Mr. W. S. Garber, Secretary Nebraska State Board of Transportation: DEAR SIR:-I am indebted to you for your recent favor in connection with the complaint of Messrs. Steffen Bros. at Ellis, Nebraska, on account of the inability of the Chicago, Rock Island & Pacific Railway Company to furnish all of the cars within a given time which they think they ought to have had. I am sure no one regrets that inability more than the Rock Island Company. We would like to handle everything that is offered to us, and at the time offered, but, as your board has stated, the conditions have been unusual and the demands for cars extraordinary during the past ninety days, and it would have been impossible for us at times to have furnished the equipment necessary, even though our present equipment was multiplied by four. Under ordinary circumstances we believe that we have all that is required to meet the demands. Such has been our experience in times past, and our average equipment per mile has been maintained as our lines have been extended. Thanking you again for your favor, Yours very truly, E. ST. JOHN, General Manager. During the latter part of December, 1889, the board had been in communication with various parties at Broomfield, Nebraska, and with the general superintendent of the Burlington & Missouri River Railroad in Ne braska, relative to the distribution of grain cars at Broomfield between shippers of grain owning elevators at that station and shippers of grain without such facilities but loading into cars direct from wagons. Kellogg & Graybill, attorneys for the parties doing track loading at Broomfield, addressed the following letter to the board under date January 4, 1890: AURORA, Neb., January 4, 1890. To the Board of Transportation, Lincoln, Neb.: GENTLEMEN:-We are informed by the Burlington & Missouri River Railroad that they have submitted to your board for a ruling the matter of distribution of cars at Broomfield, Nebraska. Have they done so, and, if so, has the matter been passed upon yet? The parties at the point who have been refused cars would like to make a showing in the matter if you have it still before you. Will you please inform us by return mail how the matter stands, if they have submitted to you and whether the board will make a rule without a complaint being filed? Very truly yours, KELLOGG & GRAYBILL. A few days prior to the receipt of this letter, the board had received the following communication and enclosure from the railroad company: LINCOLN, Neb., December 28, 1889. Mr. W. S. Garber, Secretary State Board of Transportation, Lincoln, Neb.: DEAR SIR-Referring to yours of the 7th, I have been out of the city considerably and asked Mr. Deweese to see you in regard to this Broomfield matter. At present we are distributing cars as per attached memorandum. This, in the light of the experience I have had in the last four or five years, seems to give the best satisfaction of any arrangement we have been able to make, I do not think it is possible that any rule (even this to which we have had to make some exceptions), will please every one. We are trying to do right so far as we know how. Yours truly, T. E. CALVERT, |