Railroad and Warehouse Commission of the State of.

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Paul Railway Company built what is known as the East Side Spur, off its
main track in Minneapolis, Minn., through Blocks 25, 29 and 33 of Regent's
Addition to the city of Minneapolis, and that one George H. WaUon was the
owner of Lots 3 and 4 in said Block 33. The usual division of expense be-
tween the owners of the property and the railway company was observed,
and the cost was apportioned to the different lots and paid to the railway
company.

After the construction of the track, the complainant bought Lots 3 and
4 of Block 33, and did, thereafter, engage in the coal and fuel business upon
said location. It installed a scale and erected buildings with the full knowl-
edge of the railway company. All freight originating upon the lines of the
said railway company was switched to this property without charge, but the
company has persistently refused to give switching service to any freight
which originates upon a foreign line. This complainant can purchase its
soft coal and considerable wood from points on the Milwaukee line, but all
of its hard coal must originate at the Head of the Lakes, and must be hauled
to Minneapolis by some other railway company. The company is willing to
have a spur built off the present one, upon the usual terms, and place the
complainant upon the switching list.

Three other industries are served by this spur, and all cars, regardless
of the origin or destination of the freight, are switched to and from these
industries. The Hammond Fuel Company is a competitor of the complain-
ant, and is located along the Milwaukee tracks about two blocks north of
the spur in question, and this company is on the switching list.

From a consideration of the foregoing facts, the Commission finds that
the service given to the Hammond Fuel Company is a discrimination against
the Prospect Fuel & Transfer Company; that the building of an additional
spur upon Lots 3 and 4 is unnecessary, and that the Prospect Fuel & Trans-
fer Company is entitled to the same service as that which is given to the
other industries upon this spur track.

It Is Therefore Ordered, that the Chicago, Milwaukee & St. Paul Rail-
way Company do, and it is hereby required to place the Prospect Fuel &
Transfer Company upon its switching list, and to switch all carloads of coal
and wood to said industry, regardless of where the shipments originated.

By the Commission,

A. C. CLAUSEN,

Secretary

Dated at St. Paul, Minn., March 18th, A. D. 1914.

(Seal.)

Farmers' Co-operative Elevator Company, et al, Faribault —
Application for Railroad Track Scales — An application was filed
with the Commission on December 1st, 1913, by E. E. Petteys, secre-
tary of the Farmers' Co-operative Elevator Company, at Faribault,
Minn., in which it was set forth that said company is a corporation
and has been doing business at Faribault for many years; that its
business consists of the operation of an elevator for buying and re-
ceiving grain for storage, sale and shipment; that it also deals in
coal, wood and feed by purchase and sale, all of which is shipped
into Faribault over the lines of the Chicago, Rock Island & Pacific
Railway, the Chicago, Milwaukee & St. Paul Railway, and the Chi-



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RAILROAD AND WAREHOUSE COMMISSION 229

cago Great Western Railroad, which railways are connected with
each other by transfer tracks, so that shipments are received by
petitioner and also sent out upon the three lines of railway men-
tioned.

Further, it is stated that complainant's grain elevator is located
on the land eontiguous to the line of the Chicago Great Western
Railroad Company, and its fuel and feed business is contiguous to
the said line, also to the spur track of the Chicago, Rock Island &
Pacific Railway Company, and that all such shipments received by
petitioner over said railways are in carload lots.

It is further alleged that none of the railway companies men-
tioned have or maintain any track scale at their connections with
each other or at any point in said city convenient to the tracks of
the petitioner or at any point except at the Sheffield-King Milling
Company property on the line of the Chicago Great Western Rail-
road, two miles distant from petitioner's place of business.

Petitioner therefore asks that the several railway companies
hereinbefore mentioned be each required to furnish and install
track scales upon their respective lines at some point nearer to the
property of petitioner for its use and that of the public.

Note: The Faribault Co-operative Creamery Company, having
its place of business on Block 70 in the city of Faribault, has, by its
president, William Carroll, under authority of its board of direc-
tors, endorsed and subscribed to said petition for track scales here-
inbefore mentioned.

This matter was referred to Mr. F. W. Eva, Chief Inspector of
Grain, of the State Grain and Weighing Department, for his inves-
tigation, his findings and report to be furnished the Commission as
early as practicable. The facts in the case having been submitted,
eopies of the complaint were served on the respondents on February
17th, 1914, with an order requiring them to grant the relief de-
manded therein within twenty days or show cause by answer why
such petition should not be granted and file such answer with
the Commission at its office in St. *Paul, Minn., and mail a copy
thereof to F. J. Orcutt, president of the Farmers' Co-operative Ele-
vator Company,' at Faribault. Answers were duly filed by the re-
spondent companies, which were adverse to the petitioner, where-
upon the Commission issued notice of hearing to take place on
Thursday, April 9th, 1914, at 11 :30 a. m. at the Brunswick Hotel,
Faribault. Copies of same were served on the several parties in
interest.



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230 THIRTIETH ANNUAL REPORT

The hearing came on before the Commission at the time and
place appointed. The petitioners were present personally and by
counsel, and the railway companies by their respective attorneys.

On receipt of the facts and the evidence, the hearing was closed
and the matter taken under advisement. The findings and order of
the Commission followed on April 15th, A. D. 1914, as herein set

forth :

(Order.)

BEFORE THE RAILROAD AND WAREHOUSE COMMISSION OP THE
STATE OF MINNESOTA.



Farmers' Co-operative Elevator Company,

Faribault Co-operative Creamery Company, and

Faribault Commercial Club, Faribault, Complainants,

vs.
Chicago, Rock Island & Pacific Railway Company,
Chicago, Milwaukee & St. Paul Railway Company,
Chicago, Great Western Railroad Company, Respondents.



This petition was duly heard by the Commission at Faribault, Minn.,
on the 9th day of April, 1914, at which time Mr. E. F. Petteys, W. T. Reilly
and W. W. Loomis appeared for the petitioners. The following appeared for
the respondent railway companies. F. W. Root, general solicitor and W. J.
Thiele, division superintendent, for the C. M. & St. P. Ry.; R. G. Brown,
assistant general freight agent, and A. E. Wallace, division superintendent,
for Rock Island Lines; J. T. Frame, engineer of maintenance of way, for
the Chicago Great Western Railroad Company. No witnesses appeared for
the creamery company or the Commercial club.

The petitioners ask that an order be made requiring each of said rail-
way companies to install track scales within the city of Faribault, or if
this cannot be arranged, that a joint track scale be ordered in for the use
of all roads. The petition is made pursuant to chapter 129 of the laws of
1913, which authorizes the Commission to require the installation of track
scales used by common carriers at all points in the state where the same
are deemed to be necessary, and to enforce reasonable regulations for the
weighing of cars and of freight. This statute gives the Commission juris-
diction over all track scales and the right to inspect the same. Within
the past year the Commission has prepared specifications for track scales
and hereafter all new scales must conform to the standard thus established.
A modern track scale costs approximately $3,500, and the inspection and
maintenance each year amounts to a considerable item. Undoubtedly the
Commission has the power to order in track scales when public necessity
exists, but the need for a scale at any point must be real and apparent.

The three railroad companies involved in this case have provided
track scales at certain* strategic points within the state for the weighing
of all carload shipments, and it is the practice of the carriers to weigh cars
forwarded, either at the point of origin or at the scale located nearest the
shipping point. Exceptions to this practice are made in regard to carload
shipments of coal from Duluth, which are weighed by the state, and also
hay and grain, which come to the terminals, and on these articles the
weight is ascertained by the state and freight charges based thereon. The
three railroads enter the city of Faribault. A private track scale is located
at the Sheffield-King Roller Mills, 1.75 miles from Faribault, which is reached
by the C. M. & St. P. and C. G. W. R. R. Co. Arrangements have been made
for weighing cars upon those scales. No evidence was presented to show the



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RAILROAD AND WAREHOUSE COMMISSION 231

need for weighing any carload freight shipped out of Faribault Coal cars
arriving at Faribault are the only ones which need to be reweighed, and
then only where there is pn apparent shortage.. In such cases it is the
practice to have the cars weighed on the Sheffield-King scales. The switch-
ing charge is five dollars per car, and where the shipper is correct in asking
for a reweighing, the railroad company absorbs the charge. Only a small
percentage of the coal cars need to be reweighed. Cars shipped from
Duluth are weighed by the state at points of origin, and no complaint of
shortage was made as to any of these cars. Cars arriving from the mines,
all rail, are bought on mine weights.

In view of the fact that the evidence shows no need for track scales
on "out" shipments from Faribault, and that a track scale at the Sheffield-
King mill can be, and is being utilized for the reweighing of all cars ar-
riving at Faribault where demand is made by the shipper, the Commission
is of the opinion that a public necessity for track scales, either upon the
line of each railroad or joint track scales for the use of all railroads, has
not been shown, the petition is, therefore, denied.

By the Commission,

(Seal.) A. C. CLAUSEN,

Secretary.

Dated at St. Paul, Minn., April 15, A. D. 1914.

Application far the re-opening of cut for drainage on Chicago,
Milwaukee & St. Paul Railway at Houston — On the reading and fil-
ing of said application, copy of same was served* on the railway
company requiring it to satisfy the complaint therein or file answer
thereto within twenty days from date of such service or show
cause by answer why such relief should not be granted and to have
the said answer filed with the Railroad & Warehouse Commission at
its office in the state capitol, St. Paul, Minnesota, and mail a copy
thereof to James Ilealy, one of the complainants, at Houston, Minn.

On December 2nd, 1913, the answer was duly filed by the
respondent railway company, entering general denial as to alleged
damage having been caused by the filling of said bridge or culvert
or that any one had suffered thereby.

Pending the determination of a date on which a hearing could
be had on the application, the Commission discovered there was an
indisposition on the part of the leading petitioners to pursue the
matter, one or two of them having had their names withdrawn from
said petition. It also developed that the Commission some time
previously had visited Houston to investigate the question of drain-
age.

In view of these facts, it was not deemed necessary to hold a
formal hearing on the question. Upon careful consideration the
Commission on April 8th, 1914, made the following order, which
closed the case:



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282 THIRTIETH ANNUAL REPORT

(Order.)

BEFORE THE RAILROAD AND WAREHOUSE COMMISSION OF THE
STATE OF MINNESOTA.

In the matter of the application of citizens of Houston, to have the fill or cut

reopened so as to permit surface water to flow its natural course.

An examination of the complaint and answer shows that In 1907, the
Chicago, Milwaukee & St. Paul Railway Company filled a cut or ravine
crossing its right-of-way in the village of Houston, which was at that time
spanned by a bridge, and thus preventing the overflow from Root river to
flow its natural course, thereby damaging property on the north side of the
railroad track. The petitioners want the Commission to order the fill to be
re-opened.

There is no allegation in the complaint that this condition in any
wise affects the safe operation of trains or the public service. Chapter 377 of
the laws of 1907 requires railway companies to keep clean, at all times,
between the 1st day of April and the 1st day of November of each year,
all ditches and culverts constructed by them for the drainage of their
roadbed or right-of-way. The present case does not come within the pro-
vision of this statute.

Under the law, the Commission has not the power to compel the rail-
way company to re-open this cut, unless it can be shown that public service
in some way is affected. The remedy of the petitioners must be found in
the district court, either by an action for damages, or by an application for
an injunction.

The petition is, therefore, dismissed.

By the Commission,

(Ceal.) A. C. CLAUSEN,

Secretary

Dated at St. Paul, Minn., April S, A. D. 1914.



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233



Contents of Statistical Tables



i

II to lib

III

Ilia

IV

Vto Vd

VI to Via

VII

Vila

VIII to Vllle

IX

X

XI

XII

XIII

XIV

XV

XVI to XVIv

XVII

XVIII to XVIIIa

XIX

XX to XXa

XXI to XXId

XXII to XXIIo

XXIII to XXIIIa

XXIV

XXV



Mileage.

Accidents.

Capital Stock.

Funded Debt.

Expenditures for Additions and Betterments.

Expenditures for Road Equipment, etc.

Income Account.

Profit and Loss Account. Debit.*

Profit and Loss Account. Credit.

Operating Revenues.

Stocks Owned.

Funded Debt Owned.

Miscellaneous Stocks Owned.

Summary of Securities Owned.

Sinking Insurance Fund.

Reserves.

Advances for Various Purposes.

Operating Expenses.

Outside Operations.

Rents Payable and Receivable.

Hire of Equipment.

General Balance Sheet.

Officers and Employees and Their Salaries.

Traffic and Mileage Statistics.

Tonnage of Commodities.

Description of Equipment.

Gross Earnings and Taxes, Minnesota.



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234



THIRTIETH ANNUAL REPORT



TABLE I

MILES OF MAIN TRACK AND BRANCHES OF RAILROADS IN ALL STATES AND MIN-
NESOTA, EXCLUSIVE OF TRACKAGE RIGHTS, FOR YEAR END-
ING JUNE 30, 191*



Name of Road



haRy.
d)



Total


Miles in


Mileage ■


Minnesota


43.70


43.70


5,076.19




8,943.69


23.61


1,411.57


399.55


9,629.79


1,230.24


8,018.16


650.30


7,209.97


235.59


1,680.43


431.72


763.01


30.18


290.94:


290.94


362.52


362.52


63.25


63.25


120.32


120.32


91.52


91.52


83.75!


83.75


601.55







7,508.81


2,100.53




225 00




, . . . ' Set-


C G W






87.71


87.71


y. Co


33.50


33.50




*1, 537.41


378.02


rie Ry


4,037.46


1,025.35


a


24.95


24.95


>


34.17


34.17




195.77


195.77










17.50


17.50




6,430.19


1,039.39








2o





1,017.55, 8.19

See C. G. W.



65,540.38 9,002.27



Digitized by



Google



RAILROAD AND WAREHOUSE COMMISSION.



235



TABLE I— Continued
STATEMENT SHOWING YEARLY INCREASE IN MILEAGE SINCE 1862, IN MINNESOTA.



Year.


Miles.


Year.


Miles.


1862


10.00

57.00

100.00

210.00

315.00

429.00

560.00

766.00

1,092.50

, — 2fi

00

25

25

25

75

50

28

33

o.uw .32

3,217.26

3,332.93

3,767.95

3,908.98

4.226.42

4.368.36

4,871.04

5.042.74


1889


5,303.07
5,409.11


1863


1890


1864


1891


5,527.55


1865


1892


5,615.77


1866


1893


5,863.89


1867


1894


. 5,912.43


1868


1895


5,990.78


1869


1896


5,991.31


1870


1897


6.086.35


1871


1898


6,062.69


1872


1899


6,338.37


1873


1900


6,794.68


1874


1901


6,993.63


1875


1902


7,165.93


1876


1903


7,250.01


1877


1904


7,467.21


1878


1905


7,791 85


1879


1906


7,937.12


1880


1907


8,023.09


1881


1908


8.168.36


1882


1909


8,273.04


1883



Online LibraryRailroad and Warehouse Commission of the State ofAnnual report → online text (page 26 of 64)