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LOUISVILLE & INTERURBAN R. R. Co.,

vs.

ILLINOIS, CENTRAL RAILWAY CO.

Subject: Grade Crossing near Pleasure Ridge Park.

leading west from Ridge, Ky., and

The Louisville & Interurban Railroad Company, by its attorney, Clarence Dallam, filed before the Railroad Commission its petition, or application, to cross the switch track of the Illinois Central Railroad Company, at a point about eleven hundred feet west of where said switch track intersects with the main line. Said switch track the main track near Pleasure the Illinois Central Railroad Company, by its attorney, being present and waiving notice, and said proposed crossing having been previously inspected by a member of the Commission, and the Commission having fully considered said application, the following order was made, to-wit: The application of the Louisville & Interurban Railroad Company, for the approval of the grade crossing proposed to be made of the switch track of the Illinois Central Railroad Company, at a point about eleven hundred feet from intersection of the said Illinois Central Ralroad with said switch track, coming on to be beard, and the Illinois Central Railroad Company being present by counsel, and notice being waived, and the matter being investigated, the grade crossing at said location is deemed reasonable and feasible, and is hereby approved, and the Louisville & Interurban Railroad Company is hereby authorized and empowered to put in an improved standard railroad crossing at said location, at its own expense. And it is further authorized and empowered to erect its trolley and feed wires across said switch track, but said trolley and feed wires must be not less than twenty-two feet above said switch track.

It is further ordered that a copy of this order be certified and mailed by the secretary of the Railroad Commission to said Interurban Railroad Company, and then the Commission adjourned.

C. C. MCCHORD, Chairman,

MCD. FERGUSON, Commissioner First District,
A. T. SILER, Commissioner Third District.

Attest: MOSES R. GLENN, Secretary.

Illinois Central Railway Company on application to abandon station at Scottsburg.

Application having heretofore been made by the Illinois Central Railroad Company, and by various citizens of Cedar Bluff, Ky., for permission to abandon the depot at Scottsburg, Ky., and to remove same to Cedar Bluff, Ky., and said application having been considered and the two sites having been inspected by Commissioner Ferguson, and a favorable report thereon having been made, it is ordered that the said Illinois Central Railroad Company may abandon said depot at Scottsburg, Ky., and establish same at Cedar Bluff, Ky., at or near the stock pens at Cedar Bluff. Said Illinois Central Railroad shall erect suitable passenger and freight building for the accommodation of the traveling and shipping public, the same to be subject to the approval of this Commission, and the Commission, as part of this order, reserves the right to make such additional order as may be deemed necessary as to said building.

C. C. MCCHORD, Chairman,

MCD. FERGUSON, Commissioner First District,
A. T. SILER, Commissioner Third District.

Attest: MOSES R. GLENN, Secretary.

MARION F. POGUE, &C.,

vs.

ILLINOIS CENTRAL RY. Co.

Subject: Petition for depot at Mexico, Ky.

At a meeting of the Railroad Commission held at Mexico, Ky., on the 25th day of May, 1904, the complainant, Marion F. Pogue, and Others vs. The Illinois Central Railroad Company, on account of alleged insufficient depot accommodations was considered. Complainant and said railroad company agreed that certain improvements should be made, and it appearing that said proposed improvements will accommodate the traveling public, the same are now approved. Then the commission adjourned.

C. C. MCCHORD, Chairman,

MCD. FERGUSON, Commissioner First District,
A. T. SILER, Commissioner Third District.

Attest: MOSES R. GLENN, Secretary.

CITIZENS OF MAYFIELD,

vs.

ILLINOIS CENTRAL RAILWAY CO.

Subject: Petition for additional depot facilities.

At a meeting of the Railroad Commission held at Mayfield, Ky., on the 25th day of May, 1904, present, C. C. McChord, Chairman, and McD. Ferguson, Commissioner First District. The complaint of the mayor and city council of Mayfield was fully heard. The defendant company being represented by its attorney and assistant general manager, the city council then suggested to the Commission the character of depot that would be necessary for accommodation of the traveling public to and from Mayfield. The representatives of the Illinois Central Railroad Company agreed that it was willing to make the improvements indicated by said council, and it appearing to the Commission that such improvements will accommodate the traveling public, the same are now approved, and said railroad company is directed to proceed with the construction of the additions and improvements so agreed upon. It appearing that it will be necessary to construct a sewer in the city, it was agreed by the said council and said railroad company, that said railroad company donate the sum of $100 toward the completion of said sewer, which offer was accepted by said council. Then the meeting adjourned.

C. C. MCCHORD, Chairman,

MCD. FERGUSON, Commissioner First District,
A. T. SILER, Commissioner Third District.

Attest: MOSES R. GLENN, Secretary.

Opinion and Rules of the Railroad Commission Governing Car Service and Demurrage Charges

on all Railroads in Kentucky.

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The Lumbermen's Club, an association of business men in the city of Louisville, by its secretary, filed its complaint with this Commission against the Louisville Car Service Association and the various railroads composing that association, wherein it is alleged that the rules and regulations adopted by that association, and the charges imposed upon shippers for detention of cars under these rules, are extortionate, and the rules themselves, unjust, unfair, and unreasonable. On the 25th day of June, 1904, written notices in the form of a letter were mailed by the Commission to said association and to each of the railroad corporations composing it, to-wit, the following railroads: Baltimore & Ohio Southwestern Railroad Chesapeake & Ohio Railway; Cleveland, Cincinnati, Chicago & St. Louis Railway; Chicago, Indianapolis & Louisville Railway; Cincinnati, New Orleans & Texas Pacific Railway; Evansville, Suburban & Newburgh Railway; Evansville & Terre Haute Railroad; Frankfort & Cincinnati Railway; Illinois Central Railroad; K. & I. Bridge & Railroad Company; Louisville & Atiantic Railroad; Lexington & Eastern Railway; Louisville, Henderson & St. Louis Railway; Nashville, Chattanooga & St. Louis Railway; Pittsburg, Cincinnati, Chicago & St. Louis Railway; Southern Railway; Southern Railway Co. in Kentucky, and the Louisville & Nashville Railroad.

By this letter the Car Service Association and each of these railroads were notified that the Commission would, for the con venience of all parties, meet, beginning at 10 a. m., July 12, 1904, in the city of Louisville, for the purpose of hearing and determining said complaint, and, further, that said meeting would be continued from day to day, subject to adjournment to the office of the Commission at Frankfort, until all of said matters should be fully heard and determined. Pursuant to this notice, the Commission met at the time and place stated, and continued in session from day to day until all the evidence offered by the various parties was heard. When the case was called for hearing, the attorneys representing the railroads and the Car Service Association entered a demurrer to the jurisdiction of the Commission, and challenged its right and authority to either hear or determine the questions raised by the complaint. Arguments were heard and the question submitted, and after full consideration the Commission determined that it not only had authority to hear and determine the complaint, but that it was its duty to do so.

There are but two questions necessary for the consideration and determination of this complaint:

1. Has this Commission jurisdiction of these matters which affect car service charges in the State of Kentucky?

2. Are the car service rules, as promulgated and enforced under what is known as the Louisville Car Service Association, reasonable and proper?

As to the question of jurisdiction, the Kentucky Statutes define what extortion is.

Section 816 of the Kentucky Statutes provides: "If any railroad corporation shall charge, collect or receive more than a just and reasonable rate of toll or compensation for the transportation of passengers or freight in this State, or for the use of any railroad car upon its track, or upon any track it has control of, or the right to use in this State, it shall be guilty of extortion."

Section 821 provides: "There is established a department in the State Government to be known as the Railroad Commission, which shall be composed of three commissioners, one of whom shall act as chairman, and whose duty it shall be to see that the laws relating to all railroads, except street,

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