(b) A rate of ll%c per 100 Ibs. for
the transportation of oak plank in
carloads from Kansas City, Mo., to
Des Moines, la., held to be unreason-
able to the extent that it exceeded the
rate from St. Louis to Des Moines of
9 1 /&c, the adjustment between the lat-
ter points being admitted to be the
proper adjustment between Kansas City
and Des Moines. Reparation awarded.
Wheeler Lumber Bridge & Supply Co.
v. St. L. I. M. & S. Ry. Co., 23 I. C.
(c) The transcontinental lines ap-
plied a rate of 75c per 100 Ibs. to trans-
portation of hard lumber from all points
on the Missouri River and east to Pa-
cific coast terminals. This rate was
raised to 85c and ordered restored as
to Chicago and Chicago points and
Mississippi River points. The railroads
then applied the 85c rate to points in
southern Michigan, immediately east of
the 75c territory. Complainants alleged
that they competed directly with mills
in 75c territory; that lOc per 100 Ibs.
amounted to $4 per 1,000 ft. on rough
hardwood lumber or from $2 to $2.50
on dressed hardwood lumber and under
this handicap they could not sell on the
Pacific coast in competition with mills
in 75c zone. HELD, that the 85c rate
was unreasonable. A maximum rate
of 80c prescribed. Mich. Hardwood
Mfrs.' Ass'n v Trans. Freight Bureau,
22 I. C. C. 387.
(d) Complainant attacked a rate of
43c per 100 Ibs. charged by defendants
REASONABLENESS OF RATES, 105 (e) (k)
for the transportation of cross ties, C.
L., Yaden, Ky., to Cincinnati, O. It
appeared there was no rate at all law-
fully applicable to these shipments. At
the time of shipment a commodity rate
of lie was in effect from Dal and
Verne, Ky., to Cincinnati points situ-
ated near Yaden, and one of which is
further distant. Subsequently the com-
modity rate was applied to Yaden. HELD,
that the charges exacted were unreason-
able to the extent they exceeded lie per
100 Ibs. Reparation awarded. Wheeler-
Holden Co. v. L. & N. R. R. Co., 21 1. C. C.
(e) On Sept. 13, 1910, the Southern
Pacific Co. filed with the Commission
its tariffs advancing the rates on rough
green fir lumber and lath from points
in the Willamette Valley to San Fran-
cisco and bay points to $5 per ton. In
a former proceeding, 14 I. C. C. 61, the
Commission had reduced these rates to
$3.40 per ton from points upon the
main line of the Southern Pacific east
of the Willamette River, and $3.65 per
net ton from points upon its line west
of the river, and it was upon the ex-
piration of its order that the proposed
advance is made. On the average haul
from the points to which it applied the
$3.40 rate produced a rate per ton mile
of 5.48 mills. HELD, that the rough
green lumber cannot move from the
mills of complainants to market unless
it receives a rate lower than $5 per ton
and that this rate in so far as it
applies to rough green fir lumber and
lath is unjust and unreasonable to the
extent that it exceeds $3.50 per net
ton of 2,000 Ibs. from points upon the
line of the defendant east of the Wil-
lamette River except from the Wend-
ling branch so called, and that rates
from the Wendling branch and from
stations upon the west bank of the
Willamette River should not exceed
$3.75 per net ton. This rate does not
apply to Portland mills which are far-
ther distant and where conditions are
dissimilar. Oregon & Washington Lum-
ber Mfrs.' Ass'n v. S. P. Co., 21 I C
(f) Ordinarily the same rate is
applied to all lumber without reference
to its value or conditions; but to this
general rule exceptions are sometimes
made. Oregon & Washington Lumber
Mfrs.' Ass'n v. S. P. Co., 21 I. C. C.
(g) Complainant attacked the rate
on yellow pine lumber and the products
thereof which took yellow pine lumber
rates from Pine Bluff, Ark., to Memphis,
Tenn., of 14c per 100 Ibs., a distance of
191 miles, yielding a revenue of 14.7
mills per ton mile. HELD, that a rate
of lie per 100 IDS. from Pine Bluff to
Memphis affording earnings via the
route of the defendants of 11% mills
per ton mile and via the short line
route should it see fit to publish the
rate of 14 mills per ton mile would
afford ample compensation for the tserv-
ice rendered. Sawyer & Austin Lum-
ber Co. v. St. L. I. M. & S. Ry. Co.,
21 I. C. C. 464.
(h) Rates on cross ties of 5c per
100 Ibs. from points in southeastern
Georgia to Jacksonville, Fla., not found
to be unreasonable. Baxter & Co. v.
G. S. & F. Ry. Co., 21 I. C. C. 647, 649.
(i) A carload of gum lumber was
shipped from Brilliant, Ala., to Thebes,
111., under a rate of 23^<\ At time of
shipment the rate in effect was 16 ^c,
Brilliant to Cairo, 111., Thebes being only
29 miles farther. Subsequent to shipment
rates from Cairo to Thebes were re-
duced from 7c to 4c. HELD, that al-
though Thebes is commercially less im-
portant than Cairo and its rates less
subject to competitive forces the rate
was unreasonable to the extent that
it exceeded 20 %c. Beekman Lumber
Co. v. I. C. R. R. Co , 20 I. C. C. 98, 99.
(j) Complainants shipped a carload
of rough fence posts, Devol, Okla., to
Olney, Tex., on which a rate of lie
per 100 Ibs. was collected, a distance
of 65 miles. This same shipment moved
from Tushka, Okla., to Devol, 312 miles,
under a rate of ll^o. Contemporane-
ously defendants maintained a rate of
3ic, Frederick, Okla., to Burburnett,
Tex., a distance of 37 miles. HELD,
the rate from Devol to Olney should not
exceed 7c. Reparation awarded. Max-
well v. W. F. & N. W. Ry. Co., 20 I.
C. C. 197, 199.
(k) Complainants operated saw mills
at Williams, Flagstaff and Cliffs, Ariz.,
^nd attacked the rates on lumber and tim-
ber from these points to Red Rock,
306 miles; Tucson, 339 miles; Benson,
387 miles; Tombstone, 416 miles; Bis-
bee, 451 miles; Naco, 440 miles; Doug-
las, 466 miles; Globe, 577 miles; Mesa,
232 miles; Kelvin, 298 miles, Winkel-
man, 313 miles. Complainants met
REASONABLENESS OF RATES, 105 (1) (n)
competition in selling their products at
these points with lumber and timber
which moved from the Northwest by
water to San Pedro and from thence
by rail. The haul from San Pedro to
any of these points was about 200 miles
longer than from complainant's mills,
but San Pedro took a lower rate.
HELD, that the rates from the mills of
complainant to the following destina-
tions, via through routes and under joint
rates, should not exceed: Red Rock
and Tucson, 28c; Benson, 30c; Tomb-
stone, 33c; Bisbee, 36c; Naco, 36c;
Douglas, 38c; Globe, 44c (timber being
given a rate of from 9 to 14c lower) ;
Mesa, 26c; Kelvin, 27c; Winkelman,
28c (timber 8c less); the rates pre-
scribed being about 7c less than
from San Pedro, and a reduction to
about 66 2-3 per cent of the former
rates. Saginaw & Manistee Lumber
Co. v. A. T. & S. F. Ry. Co., 19 I.
C. C. 119.
(1) Complainant shipped lumber in
carloads, Victoria, Va., to Alliance, O.,
under the combination rate of 24c,
the cheapest route in effect at the
time. It did not appear at the hear-
ing. Subsequently defendant established
a rate of 19%c. HELD, the local rate
exacted was on the basis of locals
along the lines of defendants through
this territory. Complaint dismissed.
Craig Lumber Co. v. Virginian Ry. Co.,
19 I. C. C. 144.
(m) Complainant attacked the rate on
lumber in carloads from Omaha, Neb.,
and Council Bluffs, la., to points in
South .Dakota on the Niobrara branch
(a branch line) of the C. & N. W. R.
R., points in Wyoming on a branch line
of the C. B. & Q. R. R., Torrington
to Guernsey and Ironton, inclusive,
points on the U. P. R. R. from
Jule?burg. Colo., to LaSalle, Colo., and
from Tracy, Wyo., to Cheyenne, Wyo.,
and to points on the C. R. I. & P. R. R.
from Mahaska, Kan., to Roswell, Colo.
The rates attacked on the C. & N. W.
appeared to be about Ic per 100 Ibs.
higher than for similar hauls from
Omaha to points in Nebraska on the
same branch; on the C. R. I. & P. the
rates attacked appear to be about l%c
higher than for similar hauls in Ne-
braska on the same line; the same
comparison on the U. P. showed that the
Wyoming points paid a little over 3c
per 100 Ibs. higher than for similar
hauls in Nebraska and the rate to the
Colorado points showed almost the same
comparison. On the C. B. & Q. R. R.
the rates to Wyoming points were about
2c higher than for hauls in Nebraska.
It appeared that defendants' rates were
consistently graded out from Omaha
to the Nebraska state line and that
with the exception of the C. & N. W.'s
they increased abruptly as soon as the
state line was reached. HELD, that the
rates exacted are unreasonable and th-e
rates attacked on the C. R. I. & P. R. R.
should be reduced from Ic to 2c; the rate
to Mahaska, Kan., 130 miles, reduced to
9c; and to Goodland, Kan., 384 miles,
to 19c, and other hauls proportionately.
Rates on the U. P. attacked are reduced
by approximately the same amount;
thus the rate to Julesburg, Colo., 371
miles, reduced to 18%c; to Tracy, Wyo.,
477 miles, to 2iy 2 c, and to other points
complained of on the same line pro-
portionately; on the C. B. & Q. the
rates reduced somewhat- over Ic per
100 Ibs.; to Vaughan, Wyo., 519 miles,
to 3lc; to Guernsey, Wyo., 549 miles, to
33c; and other points proportionately.
These points being on a branch line,
therefore the rates could be higher than
on main lines in well-developed terri-
tory where the density of traffic is much
greater. Commercial Club of Omaha v.
C. & N. W. Ry. Co., 19 I. C. C. 156.
(n) Prior to June 1, 1908, the de-
fendant carriers had in effect joint
rates on yellow pine lumber and its
products from producing territory in
Louisiana, Texas, Arkansas and Mis-
souri to Lincoln and Omaha, Neb., of
24c and 23c, respectively. These rates
were subsequently raised to make cer-
tain rate adjustments on account of
various orders of the Commission to
26 1 /c. The Nebraska legislature passed
an Act which compelled these rates
again to be lowered. There remained,
however, an area in western Nebraska
intermediate to points reached by the
defendant's lines in Colorado and Wyom-
ing, to which through rates made up
of the Omaha and Lincoln combination
would exceed the Colorado common
point and Cheyenne rates. HELD, the
rate to Colorado common points should
be observed as maximum to points in
western Nebraska east of the Colorado
line, while the Cheyenne rate should be
observed as a maximum to points on
the line of the U. P. R. R. from Ral-
ton to Smeed, Neb., inclusive. Defend-
ants required to establish rates from
REASONABLENESS OF RATES, 105 (o) (t)
the various producing points named in
the complaint to western Nebraska
points reached by the lines of the C.
B. & Q. and the U. P. R. Rs., not to
exceed: On the U. P., Joselyn to Bar-
ton, Neb., 37c per 100 Ibs.; Ralton to
Smeed, Neb., 40c; on the C. B. & Q.,
Smithfield to Venango, Neb., and from
Oxford Junction to Sanborn, Neb., 37c.
Reparation awarded. Louisiana Central
Lumber Co. v. C. B. & Q. R. R. Co., 19
I. C. C. 333.
(o) On carloads of oak ties from
points in Texas billed through via
El Paso to Douglas, Ariz., complainants
were assessed 25c for the haul to El
Paso over the T. & P. R. R. No joint
through rates were in effect from the
points of origin in question to Douglas.
The average distance to El Paso from
said points of origin is 820 miles. For
many years a rate of 34c was exacted
on lumber and ties to El Paso. The
25c rate attacked was prescribed by
the Railroad Commission of Texas and
yielded 6 mills per ton mile. A pro-
portional rate on pine ties of 18c was
In effect at the time of shipment to
El Paso on cars destined to points
in Arizona and New Mexico. HELD,
the rate exacted was not shown to be
unreasonable. Reparation denied. Con-
tinental Lumber & Tie Co. v. T. & P.
Ry. Co., 18 I. C. C. 129, 131.
(p) Following Kindelon v. Southern
Pacific Co., 17 I. C. C. 251, the rate of
85c on hardwood lumber in carloads
from points on and west of the Mis-
sissippi River to San Francisco, Gal.,
and other Pacific terminals is held to
be unreasonable to the extent that it
exceeds 75c. Reparation awarded in
cases involving certain points of origin
and denied following White Bros. v.
A. T. & S. F. Ry. Co., 17 I. C. C. 288,
in cases involving Glidden, Wis., and
points beyond Memphis, Tenn., as points
of origin. Maris v. S. P. Co., 18 I. C.
C. 301, 302, 306, 307.
(q) On carloads of hardwood lumber
from Black Rock, Ark., to San Fran-
cisco, Gal., a rate of 85c was charged.
HELD, following Kindelon v. S. P. Co.,
17 I. C. C. 251, the rate charged was
unreasonable. Reparation awarded on
the basis of 75c. White Bros. v. A. T.
& S. F. Ry. Co., 17 I. C. C. 416.
(r) On shipments of logs in carloads
to Louisville, Ky., from Dyersburg, Hen-
ecks, Menglewood, Richwood and Troy,
Tenn., complainant was assessed on
some of the carloads a rate of lOc.
The published rate was 12c. Later de-
fendants established and acknowledged
as reasonable a rate of 8c and of S^c.
HELD, the lOc charge exacted was un-
reasonable. Reparation awarded. New
Albany Box Co. v. I. C. R. R. Co., 16
I. C. C. 315, 317.
(s) On a carload of split-oak fence
posts from Asher, Okla., via Amarillo,
Tex., to St. Vrain, N. M., complainant
was assessed a rate of 52c; 18c, Asher
to Amarillo, and 34c thence to destina-
tion. Upon admission of defendants
that the 34c rate was unreasonable, and
that 16c would be a fair rate. HELD,
16c should be established in the future
as the rate from Amarillo to St. Vrain,
and rates on a basis corresponding
with the 16c rate should be established
by lines west of Amarillo to points
west of St. Vrain, to and including
Vaughan, N. M., from Amarillo to Ros-
well, N. M., and intermediate points,
and from Amarillo to Plain View, Tex.,
and intermediate points. Reparation
awarded on basis of 16c. Snook &
Janes v. A. T. & S. F. Ry. Co., 16 I.
C. C. 356, 357.
(t) Complainant, millmen located at
points in Arkansas and northern Louisi-
ana, west of the Mississippi River, at-
tacked the rates on yellow pine lumber
from that region to Cairo, 111., and St.
Louis. In 1903 the rates were raised
from 14c to 16c to Cairo, 111., destined
beyond and from 16c to 18c to St.
Louis and points basing thereon. Com-
plainants attacked this advance. At
the time of the advance blanket rates
were put into effect in all the territory
west of the Mississippi River south
of Little Rock, Ark., extending to the
Gulf of Mexico and including the yel-
low pine districts of Texas and Okla-
homa. The institution of the?e blanket
rates resulted in the advanced rates
attacked, but did not result in raised
rates generally throughout the territory
to which these blanket rates applied.
In Tift and the Central Yellow Pine
Association cases, 10 I. C. C. 548, 505,
a raising of rates on lumber in terri-
tory east of the Mississippi River was
condemned and complainants contended
that they should be accorded the same
ruling with respect to territory west
of the Mississippi. Transportation con-
ditions in the territories east and west
of the Mississippi River were very dif-
REASONABLENESS OF RATES, 105 (u) (x)
ferent. Some of the lines on the
east side were among the older roads
of the country and had ' the advantage
of permanent construction, easier
grades, better station, yard and siding
facilities and more valuable terminals.
The denseness of population and the
volume of traffic were greater on the
east than on the west side of the
river. On the east side the roads had
terminals at the ports on the Gulf, and
handled the interior export and import
trade on lumber, and their lines extended
directly through the timber districts to
Cairo and St. Louis. The roads on the
west side operated long distances
through low, swampy territory, subject
to floods and frequent overflow and for
considerable* distances over trestles, and
also did not have the benefit of the
export and import traffic, receiving as
compensation only the rate to Cairo or
to St. Louis, whereas the east side
roads received a portion of the charge
for the haul beyond St. Louis and Cairo.
Complainants did not attack the rates
in question as unreasonable per se,
but only as discriminating in favor of
competitors east of the Mississippi
River. It appeared the carriers had
co-operated with the lumbermen and
were important aids in opening up
permanent markets for yellow pine
from the region in question in compe-
tition with woods from the North and
Northwest. During 1907 and 1908 there
were larger percentages of increase in
the movement of lumber from the west
side of the river than from the east
Bide. Complainants admitted the de-
sirability of blanket rates and it ap-
peared the blanket system could not
be maintained if the rates in question
were reduced. HELD, the complaint
should be dismissed. Chicago Lumber
& Coal Co. v. T. S. Ry. Co., 16 I. C. C.
323, 331-334; Winn Parish Lumber Co.
v. A. S. Ry. Co., 16 I. C. C. 335.
(u) On a carload of yellow pine
lumber from Lake Charles, La., to
El Paso, Tex., complainant was assessed
32 %c. The shipment moved from Lake
Charles to Alexandria via the St. Louis,
Watkins & Gulf R. R. and thence via
the T. & P. R. R. to El Paso, a dis-
tance of 1,067 miles. The distance via
the Southern Pacific was 972 miles, and
at the time the shipments moved a
rate of 25c was in effect between the
i points in question over that line. Said
i S. P.'s tariff, however, provided that in
connection with the St. L. W. & G.
Ry., its rate should be 32 %c. About
one year after shipment moved defend-
ants St. L. W. & G. and T. & P. R. Rs.
reduced their rate to 25c. No other evi-
dence was submitted as to the reason-
ableness per se of the rate exacted.
HELD, the rate exacted was not shown
to be unreasonable. Menefee Lumber
Co. v. T. & P. Ry. Co., 15 I. C. C. 49,
(v) On a carload of lumber from
Fostoria, Tex., to Melrose, N. M., a
rate of 41c was exacted, made up of
the 33c rate from Fostoria to Texico
and of the 8c rate from Texico to
Melrose. Some four months after the
shipment moved defendants voluntarily
established a joint through rate of
33c. Complainant did not file its pe-
tition until after said reduction was
made. No other evidence of the un-
reasonableness of said 41c rate was
offered. HELD, said rate was not
shown to be unreasonable. Foster
Lumber Co. v. A. T. & S. F. Ry. Co.,
15 I. C. C. 56, 57.
(w) On a carload of lumber from
Omaha, Neb., to Canton, S. D., com-
plainant was charged 20c per 100 Ibs.
At the time a rate was in effect from
Council Bluffs to Canton of 9.03c plus
$5 per car bridge charge. Subsequent to
the shipment defendant named said rate
and bridge charge to apply at Omaha.
HELD, the rate exacted was unreason-
able. Reparation awarded. Bowman-
Kranz Lumber Co. v. C. M. & St.
Ry. Co., 15 I. C. C. 277, 278.
(x) Complainant was charged on a
carload of lumber shipped from Boyd,
Wis., to Palermo, N. D., 48 %c per 100
Ibs., based on the combination of
locals, no through rate being in force
between these points. He was also
charged 28c per 100 Ibs. on a shipment
of immigrants' movables made at the
same time and between the same
points. The rate on lumber from Se-
attle, Wash., eastbound to Palermo, a
distance of 1,255 miles, was 48c per
100 Ibs., the distance from Boyd to
Palermo being 703 miles. Since the fil-
ing of the petition another railway re-
duced its local rate from Minnesota
Transfer to Palermo, which reduction
was made to meet competition. HELD,
the charge of 48^c was not unreasonable.
Reparation denied. William Patten
v. Wisconsin Central Ry. Co., 14 I. C. C.
REASONABLENESS OF RATES, 105 (y) (ee)
(y) Complainant sought to recover
reparation on shipments of cedar cross
ties made between February 23 and
March 12, 1906, from Wilcox and Ridge,
Mich., to South Chicago, 111., upon which
charges were assessed at 13c per 100
ibs. By mistake defendants had al-
lowed to another shipper a rate of lOc
per cross tie in carloads shipped from
Wilcox to Chicago in March and April,
1905. For some time prior to Feb. 28,
1906, a rate of lOc per tie was allowed
by defendants on shipments from Au
Train, Underwood, White Fish, Rock
River and Ellison, Mich., to Chicago,
which rate was cai celed, effective
March 14, 1906. After that date a
uniform rate of 13c per 100 Ibs. was
applied from all stations east of Mar-
quette. Another carrier, not involved
in this proceeding, was charging lOc per
tie on shipments from points about
the same distance from Chicago as Wil-
cox and Ridge, which rate, however,
was forced by water competition. Prior
to March 14, 1906, and thereafter, the
rate on lumber from above mentioned
towns, including Ridge and Wilcox, to
Chicago was 12c per 100 Ibs. HELD,
the rate of 13c per 100 Ibs. on cross
ties from Ridge and Wilcox, Mich., to
South Chicago, was unreasonable; that
in the future it should not exceed the
12c charge for lumber, and complainant
was entitled to reparation for the ex-
cess with interest on shipments made
between Feb. 23 and March 12, 1906.
Forster Bros. Co. v. D. S. S. & A. Ry.
Co., 14 I. C. C. 232, 234, 235, 246.
(z) A rate of 27y 2 c per 100 Ibs.,
C. L., on yellow pine lumber was
charged, Ashdown, Ark., Lake Charles,
La., and Port Arthur, Tex., to Des
Mpines, la., as against a rate of 26c
from these points over tne same route
to Chicago. Other carriers not passing
through Des Moines were in competition
with defendants in shipments from these
points to Chicago, all of which charged
the rate of 26c. HELD, such facts did
not of themselves show the 2iy 2 c rate
to Des Moines to be unreasonable.
Greater Des Moines Committee, Inc., v.
C. G. W. Ry. Co., 14 I. C. C. 294, 295.
(aa) The 26c rate on lumber from
Jackson, Miss., to Chicago, 111., having
been held in Central Yellow Pine Co.
v. Illinois Central R. R. Co., 10 I. C.
C. 505, to be excessive, to the extent
of 2c, complainant, shipper of lumber
between said points since that decision
having been charged the 26c rate, is
entitled to a reparation of 2c. Hayden
& Westcott Lumber Co. v. G. & S. I.
R. R. Co., 14 I. C. C. 537, 537.
(bb) A charge of 26c per 100 Ibs.
on a carload of lumber shipped from
Jackson, Miss., to Chicago, 111., having
been paid by complainant's consignee
and debited against complainant, is ex-
cessive under Hayden & Westcott Lum-
ber Co. v. G. & S. I. R. R. Co., 14
I. C. C. 537, and complainant is entitled
to reparation for the excess above 24c.
Hayden & Westcott Lumber Co. v. G. &
S. I. R. R. Co., 14 I. C. .C. 539.
(cc) A charge of 26c on a shipment
of lumber from Jackson, Miss., to Chi-
cago, 111., is excessive, and under Hay-
den & Westcott Lumber Co. v. G. & S.
I. R. R. Co., 14 I. C. C. 537, complain-
ant is entitled to recover the excess
above 24c. Hayden & Westcott Lumber
Co. v. G. & S. I. R. R. Co., 14 I. C. C. 540.
(dd) On cross ties in carloads from
points on the Nashville division of the
Southern Ry. to Pawnee Junction and
Paxton, 111., rates were charged of 37.9
and 35.58c per tie, respectively. Shortly
after shipments moved defendants put
into effect a rate of 19 y 2 c on said
movements. Defendant admitted that
the rates charged were unreasonable
and that 19 y 2 c was a reasonable charge.
HELD, the rates charged were unrea-
sonable. Reparation awarded on the
basis of 19^c. Holcomb-Hayes Co. v.
I. C. R. R. Co., 13 I. C. C. 16, 39.
(ee) For 15 years prior to 1903, de-
fendants maintained a rate of lOc on
hardwood lumber from Memphis to New
Orleans. In 1903 they raised it to 12c
and complainant attacked it. Defend-
ants, owing to increased capacity of
cars and engines, were able, since 1903,
to haul from 20 to 25 per cent more
in a car and a much greater tonnage
per train than formerly. Practically
all the hardwood lumber from Mem-
phis shipped to New Orleans was for
export. The same was delayed for a
long period at New Orleans and no
demurrage charge was exacted of ship-
pers. Delay was caused by the failure
of defendants to provide wharfage and
dockage facilities at New Orleans,
umber constituted the largest tonnage
of all the commodities transported by de-
'endants between the points in ques-
;ion; was less liable to damage; moved
n any kind of car, and moved with