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COMPLAINTS, ORDERS, STEPS AND RULINGS
From December 1, 1903, to December 1, 1904.
SYNOPSIS OF COMPLAINTS AND STEPS.
The following complaints have been filed and steps herein. after indicated taken therein since the last annual report, viz. :
J. M. KELLY, ETC., LEXINGTON, Ky.,
Subject: Unlawful practice of retailing packing house products at local stations, from cars consigned for interstate shipments, at less than carload rates.
A number of the representatives of the traffic departments of various railroads and also the manager of the Swift and Armour companies were summoned before the Commission and their depositions taken. Each and all of them gave emphatic testimony to the effect that no such practice prevailed. In fact, it was proven by these witnesses that all packages delivered at local stations were billed at the regular tariff rate, less than carload rates, and that the full local rate was paid in every instance. A copy of these depositions was forwarded to complainants, with request that they furnish the Commission the names of witnesses to substantiate their complaint. Complainant was also requested to fix a date on which the Commission could take his and the depositions of other witnesses, all of which he has failed to do. While complain. ant is probably in error regarding the actual rate charged, yet the fact that Armour & Company and Swift & Company, and other similar concerns, own their own refrigerator cars in which their products are transported, and for which the railroads pay three-quarters of a cent mileage, practically give the owners of such cars a monopoly where they are competitors of those who do not own them; and where the compensation paid by the railroads for the use of these cars exceeds a reasonable sum, the owner of the car is thereby given a
preference in the matter of freight rates over the shipper who owns no cars. This proposition will be further investigated by the Commission.
GEO. C. STAIRS, PULASKI Ky.,
vs. C., N., O. & T. P. RAILWAY COMPANY.
Subject: Failure to maintain agency at Pulaski. After full investigation, the defendant company was notified by the Commission that the establishment and maintenance of an agency and depot at Pulaski was necessary for the accommodation of the traveling and shipping public. The request was complied with and an agency established.
THE LUMBERMEN'S CLUB OF LOUISVILLE, Ky.,
vs. LOUISVILLE CAR SERVICE ASSOCIATION AND THE SEVENTEEN
RAILROADS, MEMBERS OF THAT ASSOCIATION.
Subject: Extortionate demurrage and car service charges, and unreasonable rules governing the same.
This complaint was thoroughly investigated. A large mass of testimony was offered for the consideration of the Com. mission by all parties in interest. The jurisdiction of the Commission was challenged, but the Commission, having no doubt of its jurisdiction in the premises, gave each side a full hearing and rendered an opinion setting out in full its views upon the subject, and made a set of rules governing car service and demurrage charges on all railroads in Kentucky. These rules are set out in full in the opinion to be found elsewhere in this report. Each and all of the railroads affected by these rules, together with the Louisville Car Service Association, were furnished copies of same, and shortly thereafter an injunction suit was filed by one of the railroads affected thereby and a temporary restraining order was granted by the United States District Court and a day fixed for argument upon the motion to make the temporary restraining