Page images
PDF
EPUB

the term "carrier "as including among others any carrier by railroad subject to the Interstate Commerce Act, which is followed by the proviso hereinbefore quoted. There is no question that the Piedmont & Northern is a carrier by railroad subject to the Interstate Commerce Act, except such sections thereof as contain exemptions somewhat similar to that here under consideration. This carrier is operated by electric power and is not owned or controlled by any steam railroad. The only issue therefore is whether it falls within the exemption proviso in other respects.

The Piedmont & Northern has two separate and disconnected lines, one in North Carolina and the other in South Carolina. The North Carolina division extends from Charlotte to Gastonia, about 24 miles, with a branch to Belmont, 3.6 miles; and the South Carolina division extends from Spartanburg through Greenville to Greenwood, 89.6 miles, with a branch to Anderson, 11.3 miles. The total mileage operated is approximately 128, of which from 3.5 to 4 miles are on city streets. The tracks are of standard railroad construction with 80-pound rails on the main lines and from 56 to 70 pound rails on the branches. The overhead construction is lighter and the voltage, power supply, and substation capacity considerably smaller than on the electrified sections of certain trunk lines. The signal system is of a different type from the systems generally used on the steam railroads. The number of employees was 580 at the peak in 1928 and 373 in 1934.

The ratio of the freight revenue to the total revenue of this carrier during the years from 1923 to 1932, inclusive, ranged from 77 to 94 percent and averaged 88 percent over the period. In 1934 the freight revenue was $1,647,669 compared with passenger revenue of $91,847, these figures being respectively 89 and 5 percent of the total revenue. Approximately 20 percent of the freight traffic is local to this railway and 80 percent is interchanged with other railroads. Of the interchange traffic, approximately 19 percent moves intrastate and the rest interstate. The freight traffic is of a general character, and manufacturers located along this railway ship to points throughout the country. The Piedmont & Northern has on file with this Commission 24 local tariffs, and it is a party to 228 freight tariffs as initial carrier and 400 tariffs as delivering or intermediate carrier. Freight solicitors are maintained by this carrier at New York, N. Y., Detroit, Mich., Chicago, Ill., and Atlanta and Augusta, Ga., besides points on its own lines.

The number of passengers carried increased from 79,464 in 1930 to 533,755 in 1934, which appears to have been due to a reduction in the passenger fares to 1 cent per mile effective September 17, 1932. The passenger revenue also increased from $34,311 or 1.56

Stoves, Ranges, Boilers, and House-Heating Furnaces, 169 I.
C. C. 169; 182 I. C. C. 59...

Strawberries from Florida, 195 I. C. C. 357; 203 I. C. C. 747-
Sugar Cases of 1922, 81 I. C. C. 448.

Sugar Cases of 1933, 195 I. C. C. 127; 195 I. C. C. 383; 198 I.
C. C. 368.

Page

724

284

263, 309

239, 251, 262

Sugar from California to Chicago, 186 I. C. C. 523. See
Transcontinental Eastbound Sugar.

[blocks in formation]

Sunderland Bros. Co. v. Chicago, B. & Q. R. Co., 51 I. C. C. 21.
Swift & Co. v. Aberdeen & R. R. Co., 169 I. C. C. 777..
Alabama & V. Ry. Co., 174 I. C. C. 125. -
Louisville & N. R. Co., 40 I. C. C. 56.

Switching Rates in Chicago District, 177 I. C. C. 669; 195 I. C.
C. 89---

272

532

531

31

308

Taylor Produce Co. v. Atlantic Coast Line R. Co., 203 I. C. C. 549; 204 I. C. C. 753..

171

Terre Haute Chamber of Commerce v. Ahnapee & W. Ry.
Co., 147 I. C. C. 247. .-.

776

Texas & P. Ry. Co. v. Gulf, C. & S. F. Ry. Co., 270 U. S. 266-

299

United States, 289 U. S. 627.

397, 632

Texas Electric Ry., 208 I. C. C. 193.

12

Texas Ports Rate Equalization, 209 I. C. C. 435.
Thomas Keery Co., Inc., v. New York, O. & W. Ry. Co., 206
I. C. C. 585.

371

451

Town of Pulaski, Tenn. v. Atchison, T. & S. F. Ry. Co., 203

I. C. C. 705_-_

656

Transcontinental Cases of 1922, 74 I. C. C. 48.
Transcontinental Eastbound Sugar, 186 I. C. C. 523..
Transcontinental Westbound Automobile Rates, 209 I. C. C.
549.

545

239

400

Transit Comm. v. United States, 1 Fed. Supp. 595

305

289 U. S. 121.............

302

Trinidad Bean & Elevator Co. v. Chicago, B. & Q. R. Co., 185
I. C. C. 188..

287

Trojan Powder Co. v. Central R. Co. of New Jersey, 208 I. C.
C. 269.-

236

Union Gas & Electric Co. v. Louisville & N. R. Co., 176 I. C. C.

205; 181 I. C. C. 756.

364

United States v. Alabama & V. Ry. Co., 40 I. C. C. 405

208

Baltimore & O. R. Co., 293 U. S. 454

355

Chicago, N. S. & M. R. Co., 288 U. S. 1..

Interstate Commerce Commission, 71 Fed. (2d) 336.
Missouri Pac. R. Co., 278 U. S. 269..

[blocks in formation]

United States Industrial Alcohol Co. v. Director General, 68
I. C. C. 389_ _ _
Vanderbilt Co., Inc., v. Atlantic Coast Line R. Co., 194 I. C. C.
702...

Virginia Livestock Growers & Shippers v. Norfolk & W. Ry.
Co., 183 I. C. C. 575----

Waldensian Baking Co. v. Atchison, T. & S. F. Ry. Co., 197 I.
C. C. 557.

Waste Paper in Southern Territory, 176 I. C. C. 599.
Waste Resinous Wood, 77 I. C. C. 448...

Watab Paper Co. v. Canadian N. Ry. Co., 152 I. C. C. 265-
Waterloo, C. F. & N. Ry., 208 I. C. C. 211...

Watermelons from, to, and between Southern Points, 191 I. C.
C. 435...

Weinberg & Gilbert v. Atlantic Coast Line R. Co., 203 I. C. C.
622; 208 I. C. C. 749-

Wells Higman Co. v. Chicago, B. & Q. R. Co., 42 I. C. C. 480.- -
Western Cement Rates, 48 I. C. C. 201; 52 I. C. C. 225; 69 I. C.

C. 644; 132 I. C. C. 273.

Western Classification Case, 25 I. C. C. 442.

Western Coal Rates, 80 I. C. C. 383.

Western Horse and Mule Rates, 195 I. C. C. 417-

Western Rate Advance Case, 35 I. C. C. 497.

Page

288

178

107

137

190

274

390

13

377

85, 152

159

315

566

55

197

391

56

Western Pac. R. Co. v. Northwestern Pac. R. Co., 191 I. C. C. 127...

Western Trunk-Line Class Rates, 164 I. C. C. 1; 173 I. C. C. 637; 178 I. C. C. 619; 181 I. C. C. 301; 196 I. C. C. 494; 197 I. C. C. 57; 204 I. C. C. 595 - -

404,

440, 475, 479, 533, 576, 582, 707, 759 Westland Oil Co. v. Great Northern Ry. Co., 192 I. C. C. 135__ W. H. Daugherty & Son Refining Co. v. Baltimore & O. R. Co., 159 I. C. C. 156.

561

235

W. H. Driggers v. Atchison, T. & S. F. Ry. Co., 203 I. C. C. 670; 208 I. C. C. 481

87

Williams & Sons v. Atlantic Coast Line R. Co., 160 I. C. C. 631; 168 I. C. C. 602...

269

Wisconsin Waste & Wiper Co. v. Chicago & N. W. Ry. Co., 196 I. C. C. 459..

275

Wolverine Fruit & Produce Exc. v. Ann Arbor R. Co., 181

I. C. C. 437.

279

Wood Distillers Corp. v. New York, O. & W. Ry. Co., 176
I. C. C. 607----

455

Wood Rates between North Pacific Coast Points, 61 I. C. C. 159; 69 I. C. C. 7.

275

Wyman, Partridge & Co. v. Boston & A. R., 195 I. C. C. 751..

769

INTERSTATE COMMERCE COMMISSION

REPORTS

INVESTIGATION AND SUSPENSION DOCKET No. 3282 COAL, BITUMINOUS, EX-RIVER, FROM COLONA AND CONWAY, PA., TO YOUNGSTOWN, OHIO

Decided October 12, 1935

Former findings, 197 I. C. C. 617, as to the relationship between the ex-river rates on bituminous coal, in carloads, from Colona and Conway, Pa., to Youngstown, Ohio, on the one hand, and the all-rail rates on like traffic from the Pittsburgh district and related districts to the same destination, on the other hand, prescribed to avoid undue prejudice, modified because of changed conditions. Order modifying former order entered.

Appearances shown in former report.

REPORT OF THE COMMISSION ON FURTHER CONSIDERATION

MCMANAMY, Commissioner:

In the former report in this proceeding, 197 I. C. C. 617, we found inter alia that a rate of 77 cents per ton of 2,000 pounds on ex-river bituminous coal, in carloads, from Colona and Conway, Pa., to Youngstown, Ohio, was unreasonable to the extent that it was less than 90 cents and required the establishment of the latter rate. We also found in that proceeding that the maintenance of ex-river rates from Colona and Conway to Youngstown on any basis less than hereinafter indicated would constitute undue prejudice against operators of inland coal mines located in the Freeport, Pittsburgh, Connellsville, and Fairmont districts, and undue preference of operators of mines located on the Monongahela, Allegheny, and Ohio Rivers, transferring coal from barges to respondents' rails at Colona and Conway to the extent that:

The ex-river rates from Colona and Conway to Youngstown may be less than those based on 44 cents under the contemporaneous all-rail rates maintained by respondents on like traffic from the Pittsburgh district to the same destination, and 44 cents plus or minus, as the case may be, the present existing differentials over or under the rates from the Pittsburgh district, from Freeport, Connellsville, and Fairmont districts to the same destinations;

*

« PreviousContinue »