(II.) Under these schedules the rates from Boston to Detroit, Michigan, are: 51-45-35-24-20-18 for the six classes of freight respectively; and to Montreal, Canada, 45-40-30-23-20-18 for the six classes of freight respectively; while at the same time the Boston & Lowell, Concord, Northern, and Central Vermont Railroad Companies, a part of the roads included in the National Despatch Line, have made and maintained rates from Boston to St. Albans, Vermont, a station on the Central Vermont Railroad, a less distance from Boston than either Detroit or Montreal, In the same direc tion over the same line as follows: 60-50-40-27-24-17 for the six classes of freight respectively.

(III.) The National Despatch Line comes into competition with the Boston and Albany Railroad Company and its connections at Detroit and other western points.

(IV.) The grievance which this Company and its connections have is that the National Despatch Line makes rates to Detroit and other points in the West less than the Boston and Albany Railroad Company and its connections make to the same points; while at the same time a certain combination of roads, including a part of the roads in the National Despatch Line, viz.: The Boston and Lowell, Concord, Northern, and Central Vermont Railroad Companies maintain higher rates to St. Albans and other intermediate points; that is higher rates for the short haul than for the long haul on the same line in the same direction, on the five upper classes of freight; whereas, if the rates to Detroit and other western points were made the same-no higher and no lower-than to any intermediate point on the same line in the same direction, your petitioner would have no reason to complain.

(V.) With this petition and as a part of it, are sent a copy of the tariff of the National Despatch Line, No. 4, dated April 5, 1887, a copy of the affidavit of H. B. Tindall, the original of which is filed as a part of the petition of this petitioner against the Ogdensburgh and Lake Champlain route, and a copy of the Boston and Albany Railroad and New York Central and Hudson River Railroad, joint west bound interstate freight tariff No. 1.

BOSTON & ALBANY RAILROAD COMPANY,

By ARTHUR MILLS, General Traffic Manager.

Commonwealth of Massachusetts,

Suffolk, ss.:

Sworn to before me,

May 27, 1887.

C. E. STEVENS,

Justice of the Peace.

The petition of the above-named complainant respectfully shows:

I. That (here let complainant state his occupation and place of business).

II. That the defendants above named are common carriers engaged in the transportation of passengers and property, by continuous carriage or shipment, wholly by railroad (or partly by railroad and partly by water, as the case may be), between points in the State of and points

in the State of

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.

(Then proceed as in first Form.)

Complaint of Various Wrongs.

[Filed with Commission.]

INTERSTATE COMMERCE COMMISSION.

PLUMMER, PERRY & Co.

v.

UNION PACIFIC R. Co. et al.

To the Honorable Board of Interstate Commerce Commissioners:

(I.) Your petitioners make complaint against the Union Pacific Rail way Company, and their western connection, the Southern Pacific Railway Company, and allege the following facts in support of charges made against said Companies, to wit:

(II.) Ore car of canned goods, No. 32151, Union Pacific, was purchased on board of cars at San Francisco, and shipped from that point September 10, 1887, bill of lading 13347; consignors, A. Lusk & Co.; purchasers and consignees, Plummer, Perry & Co., Lincoln, Nebraska. The shipment was taken to Omaha, Nebraska, instead of being stopped at Valley Station, and charges seventy-five cents per cwt., San Francisco to Omaha, was col

lected and shown as advanced charges when shipment was rebilled from Omaha to Lincoln, via Valley Station, at fifteen cents per cwt., making the through charges from San Francisco to Lincoln, ninety cents per cwt. These charges were paid under protest, in which it is claimed that the rate, San Francisco to Lincoln, should not exceed seventy-five cents per cwt. For particulars see bill of lading, expense bill and copy of protest, herewith attached.

(III.) It is further stated that said Railway Companies have during this time, and are now taking canned goods in car loads from San Francisco to Omaha, Sioux City, Chicago, and other jobbing points in the West, in competition with Lincoln, at seventy-five cents per cwt. Therefore, based on the above facts as stated, the complainants charge the Union Pacific Railway Company and the Southern Pacific Railway Company with violations of the Interstate Law as follows:

(IV.) Violation of section 1. The charges made for the service rendered are unreasonable and unjust. It is claimed that a just and reasonable rate is seventy-five cents per cwt.

(V.) Violation of section 2. The excessive charges demanded, collected and received, for performing a like and contemporaneous service, in the transportation of a like kind of traffic, under substantially similar conditions and circumstances, is unjust discrimination.

(VI.) Violation of section 3. An undue and unreasonable preference is given to firms and localities, also unreasonable prejudice and disadvantage is imposed in other respects; and greater compensation is charged and collected in the aggregate for the transportation of like kind of property, under substantially similar conditions and circumstances, for a shorter than for a longer haul.

(VII.) Violation of section 6. The Railway Companies shall print, schedules showing the rates, also they shall not charge, collect or receive, greater or less compensation than is specified in said schedules. The rate of ninety cents, as charged, collected and received, is not a published rate. (VIII.) Violation of section 7. No stoppage or interruption shall be made to prevent continuous carriage from place of shipment to place of destination; and there shall be no intent to avoid or unnecessarily interrupt such continuous carriage, or to evade any of the provisions of this act. The shipment was taken to Omaha and reshipped to this point, contrary to the wishes of the consignees, thus subjecting the consignment to an unnecessary haul from Valley Station to Omaha and return, delaying the freight to the injury of claimants and exacting additional revenue for the additional and unnecessary service performed.

(IX.) Complainants also state that they have been injured by the continued violations of the law since the act took effect, April 5 last, and that in consequence of said unjust discriminations that have existed and now exist against them, they have been prevented and are now being prevented

from selling goods in competition with firms doing like business in all other localities with which they come in competition.

(X.) Therefore, complainants pray your honorable body will consider all the facts as above set forth, and will cause a copy of its findings with respect thereto to be delivered to said common carriers, together with a notice to cease and desist from said violations of the law, and to make such full reparation to the complainants for the injury which has been done them by said common carriers, as it may deem just.

State of Nebraska,

Lancaster County, ss.:

Eli Plummer, being first duly sworn, deposes and says that he is the senior member of the firm of Plummer, Perry & Co., complainants herein, and that the facts as above set forth are true as he verily believes.

PITTSBURG, CINCINNATI, CHICAGO & ST. LOUIS RY. et al.

The petition of the above-named complainant respectfully shows:

(I.) That complainant is a partnership composed of Jacob W. and Milton S. Kohn, in the State of Ohio, having its principal office and place of business in the city of Cleveland, in said State, and is a dealer in boilers, generators, motors and other machines, shipping the same, new and secondhand, 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 sectious two and three of said Act to Regulate Commerce.

66

(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 Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, the Cleveland, Akron & Columbus Railway