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. Strawberries from Florida, 195 I. C. C. 357; 203 I. C. C. 747- Sugar Cases of 1933, 195 I. C. C. 127; 195 I. C. C. 383; 198 I. Page 724 284 263, 309 239, 251, 262 Sugar from California to Chicago, 186 I. C. C. 523. See Sunderland Bros. Co. v. Chicago, B. & Q. R. Co., 51 I. C. C. 21. Switching Rates in Chicago District, 177 I. C. C. 669; 195 I. C. 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. 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. 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. 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., 185 287 Trojan Powder Co. v. Central R. Co. of New Jersey, 208 I. C. 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. United States Industrial Alcohol Co. v. Director General, 68 Virginia Livestock Growers & Shippers v. Norfolk & W. Ry. Waldensian Baking Co. v. Atchison, T. & S. F. Ry. Co., 197 I. Waste Paper in Southern Territory, 176 I. C. C. 599. Watab Paper Co. v. Canadian N. Ry. Co., 152 I. C. C. 265- Watermelons from, to, and between Southern Points, 191 I. C. Weinberg & Gilbert v. Atlantic Coast Line R. Co., 203 I. C. C. Wells Higman Co. v. Chicago, B. & Q. R. Co., 42 I. C. C. 480.- - 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., 176 455 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; * |