Houston to Lake Charles, rates of 42c
and 40c, respectively, were charged.
HELD, upon the basis of a former consid-
eration of the rates upon the commodi-
ties in question, in the same general
territory, in 22 I. C. C. 160, the defend-
ants' rates from Houston to St. Charles
were unreasonable, so far as they ex-
ceeded 20c on packing-house products,
and 25c on fresh meats in carloads.
Houston Packing Co. v. T. & N. O. R. R.
Co., 22 I. C. C. 456.
(d) On packing-house products and
fresh meats from Houston, Tex., to New
Orleans, La., charges of 36c and 40c in
carloads for the respective ccmmoditiea
were exacted. On the same products
from Ft. Worth, Tex., to New Orleans, a
distance of 547 miles, as compared with
359 miles from Houston to New Orleans,
charges of 40c and 48c were made.
HELD, that defendants' rates from Hous-
ton to New Orleans were not unreason-
able. Houston Packing Co. v. T. & N.
O. R. R. Co., 22 I. C. C. 456.
(e) Complainant attacked the rate of
60 y 2 c per 100 Ibs. for the transportation
of fresh meat and poultry C. L. from Jer-
sey City, N. J., to Jacksonville. Fla. The
fourth-class rate of 51 V 2 c applied on this
traffic for a number of years prior to
1909, when the commodity rate was estab-
lished. The ' all-water rate by the Clyd.3
Line was 33c, and the water movement
was entirely feasible. The Seaboard Air
Line carried nearly all shipments of fresh
meats and fresh poultry moving to Jack-
sonville by rail. Yet there was no move-
ment via that line until 1906. and the
total movement for the years 1906, 1907
and 1908 amounted to but 86 cars. The
advance in the rate did not check the
movement, as was shown by the fact that
REASONABLENESS OF RATES, 118 (f) 121 (a)
the Seaboard Air Line carried in 1900,
46 cars, and in 1910, 56 cars. The reve-
nue per ton mile upon the entire move-
ment from Jersey City to Jacksonville was
12.3 mills. HELD, the fact that the rail
carriers were able to participate in this
business in competition with the Clyde
Line to even an inconsiderable extent
tends to prove that the rail rate is rea-
sonable. From the entire record, the
rates found not unreasonable. Complaint
dismissed. Florida Mercantile Agency v.
P. R. R. Co., 21 I. C. C. 85.
(f) Defendant's tariff fixed a 15,000-
pound carload minimum on dairy prod-
ucts, poultry, fresh meats, etc., for which
the carrier would, at its own expense,
furnish icing. Complainant contended
such a minimum should not exceed 10,-
000 Ibs. At the time shipment moved
from East St. Louis destined to points
east of the Indiana-Illinois line, other car-
riers leading east from East St. Louis
had in effect a 10,000-pound minimum.
About one year after the movement of
one of the shipments in question, and
simultaneously with the movement of the
other, defendant entered into a joint
tariff with other carriers establishing
the 10,000-pound minimum. Complainant
offered no testimony to show the 15,000-
pound minimum unreasonable, and de-
fendant made no admission to that effect.
Complainant's case rested entirely upon
the facts that the shipment were made,
and that other carriers, competing for
the same business during the same pe-
riod, furnished icing for such shipments
on a minimum carload weight of 10,000
Ibs. HELD, under the evidence sub-
mitted, the minimum attacked could not
b* found to be unreasonable. Reparation
denied. Swift & Co. v. C. & A. R. R. Co.,
1 I. C. C. 426, 429.
(g) On shipments of carloads of fresh
meat and packing-house products from
Ft. Worth, Tex., to Rocky Mount, N. C.,
via Shreveport, Vicksburg, Meridian,
Birmingham and Selma, complainant was
assessed $1.07 on the fresh -meat and 66c
on the packing-house products. At the
time shipment moved, the combination
rates of 77c on fresh meat and 58c on
packing-house products were available
via Memphis, and these lower rates were
subsequently applied to the route over
which shipment moved. HELD, com-
plainant was entitled to reparation on
the basis of such lower rates. Swift &
Co. v. T. & P. Ry. Co., 16 I. C. C. 4:2, 443.
(h) Allegation that dressed poultry
should take lower rating than live poul-
try not sustained by the facts. Rose-
brough v. P. Exp. Co., Unrep. Op. 438.
119. Paper Stock.
(a) Defendants' rate on paper stock
from Chicago to South Bend, Ind., a dis-
tance of 86 miles, was 8c per 100 Ibs. on
a carload minimum of 20.000 Ibs. On
manufactured paper from South Bend to
Chicago the rate was 6c on a Carload
minimum of 24,000 Ibs. But this rate
was established to meet competition of
manufactured paper shipped by water
from St. Joseph, Mich., to Chicago. The
rate on paper stock from Chicago to Be-
!oit, Wis., a distance of 91 miles, was 5c
on a carload minimum of 3^,000 Ibs.
HELD, under this evidence the 8c rate
from Chicago to South Bend could not
be held unreasonable. La Salle Paper
Co. v. Michigan Central R. R. Co., 16
I. C. C. 149, 150.
(b) News printing paper and blank
wall paper are not competitive articles,
and the existence of a lower rate on the
former commodity did not prejudice com-
plainants in the sale of blank wall paper.
Complaint dismissed. St. Regis Paper
Co. v. N. Y. C. & H. R. R. R. Co., Un-
rep. Op. 368.
120. Passenger Car.
(a) Minimum rates fixed by the L.
& N., C. of Ga., I. C. and A. C. L. R. Rs.
of $25 for each passenger or combination
car, and $10 for a baggage car accom-
panying a passenger car of theatrical
troupes, appears to be reasonable so far
as it applies to transportation in the
South, where rates appear to be gener-
ally for this service on a higher basis
than in other sections of the country.
Chappelle v. L. & N. R. R. Co., 19 I. C. C.
121. Peas, Beans, Hominy.
(a) Complainant attacked the reason-
ableness of a rate of 85c per 100 Ibs. on
canned peas, beans, hominy, pork and
beans, etc., from Longmont, Loveland
and Greeley, Colo., to California ter-
minals and a rate of 80c to north Pacific
coast terminals. It was contended that a
rate of 68c should be established, being
75 per cent of the rate from Chicago
to the coast, and 80 per cent of the rate
from the Missouri River. HELD, any
rate in excess of 80c per 100 Ibs. upon
REASONABLENESS OF RATES, 121 (b) 122 (f)
canned goods from Colorado points to
the California terminals is unreasonable.
The rate to the north Pacific coast ter-
minals is not found to be unreasonable.
Empson Packing Co. v. Colorado Midland
Ry. Co., 22 I. C. C. 268, 270-271.
(b) On carloads of lima beans from
Montalvo, Somis and Saticoy, Cal., to
Omaha, Neb., defendants collected charges
at the rate of 85c during February,
March and April, 1909. Prior to Jan. 1,
1909, the rate to Omaha and all eastern
territory was 75c, but subsequent to 1900,
changes from time to time in the mini-
mum weight had resulted in an increase
of earnings per car on shipments to
Omaha, from $180 to $300. The increased
rate of 85c yielded earnings of $340 per
car. On June 5, 1909, the rate of 75c was
restored to Omaha, and points in Texas,
but in practically all the territory east of
Omaha the 85c rate remained in effect.
HELD, that the rate was unreasonable,
and for the future should not exceed 75c.
Reparation awarded. Commercial Club
of Omaha v. S. P. Co., 18 I. C. C. 53, 66.
(a) Complainant attacked the rates
on petroleum and its products in carloads
from Coffeyville, Kan., to Ft. Smith and
Van Buren, Ark., 163 and 165 miles, re-
spectively, of 23c per 100 Ibs. Also to
Little Rock and Pine Bluff, Ark., 323 and
365 miles, respectively, of 27c per 100 Ibs.
The Commission had prescribed a rate
via the lines of defendants of 19c per
100 Ibs. as reasonable for the haul from
Coffeyville to Memphis, Tenn., a distance
of 469 miles by the shorter route and
475 miles by the longer route. The rates
complained of produced revenue of about
27.8 mills per ton per mile to Ft. Smith,
27.2 mills to Van Buren, 16.4 mills to
Little Rock and 14.5 mills to Pine Bluff,
or an average of about 21.5 mills per ton
per mile. The 19c rate to Memphis is
the equivalent of about 8.1 mills per ton
per mile. The rates into Memphis from
eastern and southern points produced in
earnings a general average of less than
8 mills per ton per mile. HELD, the
rates are unreasonable, and should not
exceed 19c from Coffeyville to Ft. Smith
and Van Buren, and 23c to Little Rock
and Pine Bluff. Merchants Freight Bu-
reau v. M. P. Ry. Co., 21 I. C. C. 573.
(b) Complainant refined oil at Find-
lay, O., and attacked the rate of 13%c" per
100 Ibs. on crude petroleum C. L. from
Flat Rock, 111., to Findlay, a distance
of 357 miles, rate per ton mile 7.56 mills.
HELD, from an examination of the rec-
ord, the revenue per ton mile is less
than under rates to other points in com-
parisons furnished by complainant. Com-
plaint dismissed. National Refining Co.
v. C., C. C. & St. L. Ry. Co., 20 I. C. C.
(c) The rate on petroleum and its
products of 33c from Coffeyville, Kan.,
to Enid, Okla., was found unreasonable
to the extent that it exceeded 25c. and
reparation awarded following Oklahoma
v. C. R. I. & P. Ry. Co., 15 I. C. C. 42.
National Refining Co. v. A. T. & S. F.
Ry. Co., 18 I. C. C. 389, 390.
(d) Complainant attacked the rates on
petroleum from Kansas City, Mo., and
Independence, Coffeyville, Caney, Cha-
nute, Erie and other Kansas refining
points to Guthrie, Oklahoma City, Med-
ford, Enid and other points in Oklahoma.
The rates attacked ranged from typical
points from 27c to 38c on distances rang-
ing from 137 to 318 miles, as compared
with rates ranging from 20c to 24c to
Arkansas points ranging from 154 to
283 miles, and as compared with rates
of from I5c to 20c to Missouri points,
ranging from 132 miles to 291 miles. The
rates attacked exceeded generally the
rates charged for like hauls in any other
part of the country. HELD, the "rates
complained of were unreasonable. Re-
ductions .ordered, ranging from about 8c
to about 12c. Oklahoma v. C. R. I. & P.
Ry. Co., 15 I. C. C. 42, 43.
(e) On carloads of crude petroleum
from Paola, Kan., to Kansas City, Kan.,
a distance of 43 miles, the traffic pass-
ing en route through a portion of Mis-
souri, complainant was assessed a rate
of 8c. On the basis of the intrastate
rates prescribed by the Kansas commis-
sion, the charge would have been 5^0.
The rate from Nowata, Okla., to Kansas
City, 221 miles, was lOc; from Red Fork,
Okla., to Kansas City, 270 miles, 17c.
Complainant's petroleum competed in the
market at Kansas City with that from
Nowata. HELD, the 8c rate attacked
was unreasonable to the extent that it
exceeded 7c. Hafey v. St. L. & S. F.
R. R. Co., 15 I. C. C. 245, 246.
(f) Rates on lubricating oil from
Fayette, Ky., to Superior, Wis., should
not exceed those in effect to Duluth,
Minn. Reparation awarded. Buffalo Oil
REASONABLENESS OF RATES, 122 (g) 125 (b)
Co. v. C. N. O. & T. P. Ry. Co., Unrep.
(g) Rates on petroleum and products
from Chanute and Erie, Kan., to Omaha,
Neb., should not exceed those in effect
from Coffeyville, Kan. Reparation
awarded. Chanute Refining Co. v. A.
T. & S. F. Ry. Co., Unrep. Op. 348.
123. Petroleum Skimmings.
(a) Complainant shipped from Musko-
gee, Okla., to Coffeyville, Kan., carloads
of the so-called lighter ends of petro-
leum oil, which had been separated from
the crude oil by a process of skimming,
but was useless for commercial purposes
until a further process of refinement had
been undergone. Defendants assessed
the rates applicable to refined oil. This
product, known as the light-end distillate,
was worth at Muskogee about S^c per
gallon, materially lower than the prices
of the articles into which it was ulti-
mately separated. One of the roads over
which some of the shipments moved es-
tablished a rate on fuel oil 2c in excess
of the rate* on crude oil. Fuel oil was
produced from the Muskogee crude oil
by the identical process which extricated
this light-end distillate. There was some
difference in price, but the gap between
them was not so great as that which sepa-
rated them from their commercially re-
fined-products. HELD, that a reasonable
rate on the commodity shipped would not
have exceeded by more than 2c per 100
Ibs. the rates contemporaneously appli-
cable to crude oil, which relationship
should* be established for the future.
Reparation awarded. National Refining
Co. v. M., K. & T. Ry. Co., 23 I. C. C.
124. Plaster Boards.
(a) Compainant, manufacturer of plas-
ter board at Garbutt, N. Y., attacked the
carload rate of $2.60 on plaster boards
from Garbutt to New York City as un-
justly discriminatory, as compared with
the $2 rate on plaster, and as unrea-
sonable per se. Prior to June 1, 1907,
a commodity rate of $2 per ton applied
to both wall plaster and plaster board.
Defendants justified the rate attacked on
the ground that plaster board was a more
valuable commodity than wall plaster.
HELD, the rate attacked was discrimi-
natory and unreasonable, and should not
exceed $2.35. Defendants ordered to ad-
just their rates to other Pennsylvania
and New England points on this basis.
Sackett Plaster Board Co. v. B. R. &
P. Ry. Co., 18 I. C. C. 374, 375.
(b) No commodity rate on wall
plaster; class rate of ll%c applied.
Shortly afterward commodity rate of 6^c
made applicable, which was subsequently
advanced to 7c. HELD, rate should not
exceed 7c, and that it be maintained for
a period of two years. Acme Cement
Plaster Co. v. I. C. R. R. Co., Unrep.
(c) Rate on wall plaster from Mar-
low, Okla., to Perth Amboy, N. J., shall
not exceed the rate to New York City.
Reparation awarded. Acme Cement
Plaster Co. v. C. R. I. & P. Ry. Co., Un-
rep. Op. 58.
125. Poles, Piling, Posts.
See Supra, 105.
(a) On poles and piling from various
points in Oregon to stations on defend-
ant's line in California, complainants
were charged $1 per ton more than they
would have been charged on lumber. The
rates on poles from the points of origin
specified to points in Arizona, New
Mexico and Utah were the same as the
rates on lumber. Defendants claimed
that the rates were different because of
watef competition from Portland, which
was greater on lumber than on poles,
but no evidence was introduced of any
substantial difference in the water rates
of the two articles. The cost of ship-
ment was about the same, and poles
were less valuable. HELD, that the
rates on poles and pilings were unreason-
able to the extent that they exceeded the
lumber rates. Reparation awarded.
California Pole & Piling Co. v. S. P. Co.,
22 I. C. C. 507.
(b) On poles and fence posts moving
from Beaudette and Warroad, Minn., via
the Can. N. and Gt. N. Rys. to Grand
Forks and other points on the latter line,
the rates were higher than on lumber
from the same points. The rates on lum-
ber appeared to be sufficiently high, yield-
ng a per-ton-mile revenue of 1.3c. The
distance from Beaudette to Grand Forks
was 196 miles and from Warroad to
Glrand Forks 37 miles less. HELD, the
rates on such poles and posts should be
reduced so as to practically equal the
"ates on lumber, following the general
rule in that respect, and that joint rates
should be established from Beaudette to
the points in question. Partridge Lum-
REASONABLENESS OF RATES, 125 (c) 129 (a)
her Co. v. Gt. N. Ry. Co., 17 I. C. C.
(c) On a shipment of cedar poles
from Chicago to Brady, Tex., complain-
ant is entitled to the rate upon lumber
between these points, and may recover
the excess charged above such rate, and
defendants are ordered in the future to
maintain a rate upon poles not exceeding
that upon lumber. MacGillis & Gibbs Co.
v. C. & E. I. Ry. Co., 16 I. C. C. 40, 41.
(d) Rates on poles should not exceed
rates on lumber. National Pole Co. v.
C. St. P. M. & O. Ry. Co., Unrep. Op.
126. Phosphate Rock and Acid Phos-
(a) Complainant attacked the rates
on phosphate rock and acid phosphate
from Baltimore, Md., Buffalo, N. Y., and
Tennessee phosphate fields and Washing-
ton Court House, O., to Prairie Switch,
Ind., and demanded lower rates and
the application of single rates to phos-
phate rock, ground or crude, and acid
phosphate. The rates attacked were,
on both phosphate rock and acid
phosphate, from Baltimore, 18c; Buf-
falo, IS^c; Washington Court House,
lOc; Nashville, 17V 2 c; Mt. Pleasant, 29c
on acid phosphate and $3.45 on phosphate
rock. The crude phosphate rock may be
transported in open cars without injur .-,
whereas acid phosphate must be pro-
tected from the weather. The 18c rate
from Baltimore, 656 miles, yielded 5.48
mills per ton mile. The lOc rate from
Washington Court House to Prairie
Switch, 200 miles, if reduced to 9c, would
yield more than 8 mills per ton mile.
HELD, the Commission was not justified
in ordering the application of the same
rate to acid phosphate as to phosphate
rock; that the rate from Washington
Court House should be reduced from lOc
to 9c on acid phosphate and the rate of
13 ^c from Buffalo should be reduced
to 12c, and that the 17%c rate from Nash-
ville should be adjusted to bring it into
line with the other rates from Tennessee
fields. Other rates involved not found
to be unreasonable or discriminatory.
Reparation denied on shipments from
Buffalo in view of the fact that the rate
exacted was the class rate applying to
Prairie Switch, and all other places simi-
larly situated, and in view of the hold-
ings of the Commission that a reduction
of rates does not necessarily carry with
it the right to reparation. Bash Fer-
tilizer Co. v. Wabash R. R Co., 18 I. C. C.
(a) From May 13, 1903, to Oct. 12,
1908, the joint rate on potatoes in car-
loads from Pound, Wausaukee and
Beaver, Wis., was 15c to Painesdale,
Mich. This rate was canceled Oct. 12,
1908, leaving in force a 21c rate until
Nov. 10, 1908, when the 15c rate was
restored. The shipments in question
moved between Oct. 12 and Nov. 10,
1908. HELD, the rate charged was un-
reasonable. Reparation awarded. Thomas
v. C. M. & St. P. Ry. Co., 16 I. C. C. 364.
(b) Potatoes are liable to greater
damage from heating than from any
other cause. In Re Advances on Pota-
toes, 23 I. C. C. 69, 70.
128. Pulp Wood.
(a) Complainant charges that rates on
pulp wood of 4 1 /c per 100 Ibs. from
Casco, Minn., to Superior, Wis., 5c from
other points in Mesaba territory, and
7.3c from Deer River and Ericson's Spur
were unreasonable. From Casco to Su-
perior is 84 miles; from points covered
by the blanket rate of 5c, the average
distance is 93 miles; from Deer River
and Ericson's Spur the distance is 122
and 125 miles, respectively. The rates
on lumber from the territory involved to
Superior were less than the rates on pulp
wood. Defendant asserted these lumber
rates were abnormally low on account of
another road. Lumber is much more
valuable than pulp wood. HELD, that,
admitting defendant's contention on such
a low grade of traffic as pulp wood, rates
should not exceed the rates charged for
lumber. Reparation awarded. Wisconsin
Pulp Wood Co. v. Gt. N. Ry. Co., 22 I.
C. C. 594, 595.
129. Pyrites Cinder.
(a) The rate on pyrites cinder from
Buffalo, N. Y., to points in Pennsylvania
and New Jersey was $2. Under this rate
the commodity was valued at $1 per
gross ton at Buffalo and was unable to
move. At Bayonne, N. J., this commodity
was valued at $2 per ton on account of
the difference in freight rates, as com-
pared with Buffalo, to points in New Jer-
sey and Pennsylvania. The rate on iron
pyrites, of which pyrites cinder is the
product, was but $1.40 from New York,
REASONABLENESS OF RATES, 129 (b) 133 (a)
Philadelphia and Baltimore to Buffalo,
while the pyrites cinder for a haul of
but a part of the distance was assessed
the $2 rate, the cheaper commodity
thereby being charged a greater amount
for a shorter haul. The rate on iron ore
was $1.45 to points carrying the $2 rate
on pyrites cinder. HELD, the rate at-
tacked was unreasonable and should not
exceed the rate on iron ore from Buffalo.
Naylor & Co. v. Lehigh Valley R. R. Co.,
15 I. C. C. 9.
(b) The rate on pyrites cinder should
not exceed the rate on iron ore. Naylor
& Co. v. L. V. R. R. Co., Unrep. Op. 168.
130. Roofing Material.
(a) Complainant manufacturer at-
tacked the rate from Carthage, O., to
Nashville, Tenn., of 19c on mixed car-
loads of roofing material, consisting of
roofing paper of tarred felt, composition
roofing made of saturated felt with a
preparation of asphalt and other ingredi-
ents, sheath paper ingredients, and
sheath paper made of straw pulp and
laid underneath the roofing. These prod-
ucts were wound in rolls and placed on
end in the car. Inside of each roll of
composition roofing was placed a can
of nails weighing 1 Ib. and a pint can of
roofing cement. Prior to 1895 a com-
modity rate of 20c applied on roofing pa-
per and on printing and wrapping paper.
On that date this rate was reduced to
16c and then shortly afterwairds ad-
vanced to 16^0, which rate obtained
until 1907, when it was canceled, as to
complainant's commodity, and a rate of
25c put into effect. In 1909 a rate of 19c
was established. The 16^c rate still ap-
plied on printing and wrapping paper.
Wrapping paper was worth from $30 to
$180 per ton, and printing paper from $50
to $140 per ton. Complainant's products
were incombustible and impervious to
water. The rate from Cincinnati, which
took the same rate as Carthage, to Nash-
ville was, on iron 'roofing, 15c; roof-
ing slate and tile, 13c; shingles, 16c.
The rate on complainant's products
from Cincinnati to New Orleans, 925
miles, was 22c; from St. Louis to
Nashville, 350 miles, 20c. The distance
from Carthage to Nashville is 310 miles.
The value of complainant's products va-
ried from $20 to $50 per ton. HELD, on
this evidence the 19c rate was not un-
reasonable, but that defendants should
extend the privilege of carrying the ce-
ment and nails included within the rolls
at the 19c rate. Chatfield Mfg. Co. v.
L & N. R. R. Co., 18 I. C. C. 385, 387.
(a) From Louin, Miss., to Peoria, 111.,
a rate of 61c was exacted on a carload
of rosin. At the time of shipment a
rate of 27c was in effect from Laurel,
Miss., a point three miles from Louin, to
groups of points near Peoria and Chi-
cago. Defendants admitted that the rate
from Louin should not be higher than
from Laurel and that the rate exacted
was unreasonable. HELD, the 61c rate
was excessive to the extent that it ex-
ceeded 27c. Reparation awarded. Cen-
tral Commercial Co. v. M., J. & K. C. R.
R. Co., 15 I. C. C. 25, 26.
132. Sacked Corn.
(a) Complainants shipped from Elk-
point, S. D., to Anaconda, Mont., one car-
load of sacked corn half cracked and half
whole, on which freight charges were col-
lected of 75c per 100 Ibs. At time of
shipment, defendants had a rate of 55c
per 100 Ibs. on brewers' meal, brewers'
grits, brewers' flakes, bran, middlings,
shorts, cracked or chopped corn, corn-
meal, hominy, in straight or mixed car-
loads and a rate of 50c per 100 Ibs. on
whole corn in straight carloads. HELD,
that a 55c mixed carload rate could not
be allowed upon the commodities men-
tioned and denied upon craclied corn and
whole corn; that the charge exacted was
unreasonable; rate of 55c per 100 Ibs.
established for mixed carloads of cracked
corn or whole corn between points men-
tioned, and reparation awarded. Mc-
Caull-Dinsmore v. C. M. & St. P. Ry. Co.,
20 I. C. C. 15.
133. Safety Fuse.
(a) On a carload of safety fuse from
Avon, Conn., to Pleasant Prairie, Wis.,
via rail to New York, thence via water to
Norfolk, thence via rail to destination,
complainant was assessed 69c. The
tariffs actually provided for this rate, but
were in an incomplete and uncertain
condition, and did not provide what was
intended by the carriers. Later a rate
of 44c was established via the route in
question. HELD, the charge was un-
reasonable. Reparation awarded on the
basis of 44c. Du Pont De Nemours
Powder Co. v. N. Y N. H & H. R R.
Co., 16 I. C. C. 351, 352.
REASONABLENESS OF RATES, 134 (a) 136 (a)
(a) On carloads of salt from Detroit.
Mich., to Memphis, Tenn., a rate of 16c
was charged. The only evidence of un-
reasonableness offered by complainant
was that for a period of two years shortly