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agent. The evidence does not show that any discrimination was practised under this arrangement either towards complainant or any one else. It may have had some effect on the volume of complainant's business as general consignee, who had previously, as also had Goodrich and other consignees, distributed such freight to the receivers.
While defendants endeavored to inform shippers of the advantages to be derived under the package tariff, the proof does not show that the Pere Marquette Railroad Company refused to accept such freight unless consigned to Goodrich or some other special consignee.
The evidence does not sustain complainant's claim that defendants refused to unload at the freight house, at reasonable hours, freight consigned to him, or that complainant was refused the use of the fruit platform, except during the continuance of the Goodrich contract; neither does it establish the claim that defendants are guilty of unjust discrimination against complainant in this respect.
Evidence was offered respecting a charge of $25.00 each for the refrigeration of two cars of fruit claimed to have been exorbitant. This subject, however, has been recently under investigation by the Commission in another proceeding. (See Report and Opinion of the Commission “In the Matter of Charges for the Transportation and Refrigeration of Fruit Shipped from Points on the Pere Marquette and Michigan Central Railroads.")
After careful consideration of all the evidence the Commission is unable to arrive at the conclusion that the defendants were guilty of any wilful or intentional violation of the law. 10 I. C. C. REP.
THE CLEVELAND, CINCINNATI, CHICAGO & ST.
LOUIS RAILWAY COMPANY; THE CHICAGO,
THE COWART-LOFTON COMPANY, Intervener.
Decided January 5, 1905.
Defendants' rule, providing that the minimum charge upon any single ship
ment of freight shall be for 100 pounds at the class or commodity rate applying upon the article, which is in force in the territory roughly described as south of the Ohio and Potomac and east of the Mississippi rivers, and also on traffic shipped to that territory from points in the Central West, held, upon the facts in this case, not to be unreasonable or unjustly discriminating in its application to complainant's traffic. No opinion expressed as to the legality of the rule upon traffic generally.
W. Stevens Lewis for Complainant.
S. 0. Bayless for Cleveland, Cincinnati, Chicago & St. Louis Railway Company.
G. W. Kretzinger for Chicago, Indianapolis & Louisville Railway Company.
Ed. Baxter for Illinois Central Railroad Company, Louisville & Nashville Railroad Company, Mobile & Ohio Railroad Company, Central of Georgia Railway Company, Seaboard Air Line Railroad Company, and Atlantic Coast Line Railroad Company.
Ed. Baxter and Claudian B. Northrop for Southern Railway Company.
REPORT AND OPINION OF THE COMMISSION.
Complainant alleges that under the name of Wm. Wrigley, Jr., & Co., he is engaged at Chicago, Illinois, in the manufacture, sale and shipment of chewing gum, in small lots but large aggregate quantities, and other articles, as premiums for the sale of chewing gum; that defendants are common carriers by railway from points in Illinois to points south of the Potomac and Ohio and east of the Mississippi rivers, and are subject to the Act to regulate commerce; that the rules and regulations of The Official Classification of Freight are observed and enforced by defendants in territory east of the Mississippi and north of the Ohio and Potomac rivers, and the rules and regulations of the Southern Classification in territory east of the Mississippi and south of the Ohio and Potomac rivers; that complainant is engaged in the shipment of the freight articles above named over defendants' lines to points in said Southern Classification territory; that previous to February 16, 1903, the Southern Classification provided that the minimum charge on a single shipment of one class should be for 50 pounds at the class or commodity rate to which it belonged, but if classified higher than 1st Class the minimum charge should be for 50 pounds at the first class rate, subject to a minimum charge of 25 cents; that this provision was observed and enforced by de
fendants operating south of the Ohio and Potomac and east of the Mississippi rivers; that on the 16th day of February, 1903, an amendment to said rule was made so that the minimum charge was based on 100 pounds instead of 50 pounds, and that said amendment has been adopted, enforced and observed by said defendants operating in said territory; that by reason of said amendment to said classification rules and its enforcement complainant has been subjected to excessive, unjust and unreasonable rates and charges for the transportation of shipments in lots of less than 100 pounds, and that complainant and others and their traffic have been thereby subjected to unjust discrimination and undue prejudice and disadvantage, in violation of the provisions of sections 1, 2 and 3 of the Act to regulate commerce.
Complainant asks for an order requiring defendants to cease and desist from enforcing the said amendment to the rules and regulations of the Southern Classification, and limit their charges to those in force previous to the adoption of said amendment. Complainant also asks reparation for alleged overcharges collected from him since the adoption of said amendment.
Defendants' answers admit the adoption and observance of the amendment to the rules and regulations of the classification referred to, allege that the charges made thereunder are just and reasonable, deny that complainant or others are thereby subjected to any unjust discrimination, or any undue or unreasonable prejudice or disadvantage, and deny that defendants have violated the law by reason of such action.
An application was made by the Cowart-Lofton Co., a corporation of Arlington, Ga., engaged in the manufacture and shipment of merchandise, for leave to intervene in behalf of complainants, alleging like unjust discrimination and prejudice by reason of the adoption and enforcement of the amendment in question, and asking for similar order and relief; and leave to intervene was granted by the Commission.
The complainant is engaged in the manufacture, sale and shipment of chewing gum in Chicago, Ill., and also in the shipment of articles as premiums for the sale of chewing gum. Such shipments are usually made in small lots of less than one hundred pounds from Chicago, Ill., to various points, among them Atlanta, Ga., Montgomery, Ala., Chattanooga, Tenn., and other places, south of the Potomac and Ohio rivers and east of the Mississippi River.
The defendants are carriers by railway and conduct the transportation of complainant's freight above described.
In establishing freight rates the common carriers of the United States generally fix their charges by weight, and usually on the basis of 100 lbs.
For the more systematic, uniform and convenient transportation of small shipments, carriers by railway have adopted and observe certain rules and regulations for the classification of freight. The Official Classification governs transportation in territory east of Lake Michigan, Chicago and the Missis. sippi River and north of the Ohio and Potomac rivers. Me
transportation east of the city : Mississippi and south of the Ohio and Potomac rivers.
The following provision of the Southern Classification was in force prior to February 16, 1903:
“Unless a higher minimum is specified in published tariffs, the minimum charge on a single shipment of one class, classified first class or lower shall be for 50 lbs. at the class or commodity rate to which it belongs; but if classified higher than first class the minimum charge shall be for 50 lbs. at the first class rate.”
On the 16th of February, 1903, this provision was amended so that the minimum charge should be based upon 100 lbs. instead of 50 lbs. and said amendment was adopted and has since been enforced by the railways in Southern Classification territory.
The following methods of making the minimum charge on single shipments have been adopted and observed by the railroads in Southern Classification territory for the periods stated, viz. :