Under the circumstances and conditions shown to exist in this case the Commission is unable to find that the class rates now in effect for transportation of property from Chicago, St. Louis, Omaha, and Denver to El Paso, Tex., unduly prejudice Pecos, Tex., or that the lower rates from such points of origin to El Paso constitute a violation of the fourth section of the act as that section is construed by the courts. Complaint dismissed. Pecos Mercantile Co. v. A., T. & S. F. Ry. Co. et al. 173. Consideration to be given location in territory having certain method of rate adjustment. Railroad Commission of Kentucky v. L. & N. R. R. Co. et al. 300. Dissimilar at Ohio River crossings and Mississippi River common points. Phillips-Trawick-James Co. et al. v. S. P. Co. et al. 644. Existing at time of complaint. Anthony Wholesale Grocery Co. v. A., T. & S. F. Ry. Co. et al. 605. CLASSIFICATION OF FREIGHT. The inclusion of wire coat hooks, packed in cases, when shipped in less than carload lots, in the third class in Official Classification territory is not shown to be unreasonable, and the complaint is dismissed. Forest City Freight Bureau v. Ann Arbor R. R. Co. et al. 118. The inclusion by carriers operating under the Western Classification of multigraphs, in cases in less than carloads, in double first class is unreasonable. Defendants ordered to classify such multigraphs as 1 times first class. Forest City Freight Bureau v. A., T. & S. F. Ry. Co. et al. 295. Beer and mineral water. Milwaukee-Waukesha Brewing Co. v. C., M. & St. P. Ry. Co. et al. 28. Brick, Hydraulic Press Brick Co. v. St. L. & S. F. R. R. Co. et al. 342. Cannel coal. Goff-Kirby Coal Co. v. B. & L. E. R. R. Co. 383. Differences in value or cost of service do not in all cases secure change in classification. Forest City Freight Bureau v. Ann Arbor R. R. Co. et al. 109. Motor cycles. Merchants' Traffic Assn. v. A., T. & S. F. Ry. Co. et al. 283. Official classification, cotton piece and knit goods. Johnston & Larimer Dry Goods Co. et al. v. A., T. & S. F. Ry. Co. et al. 388. Not scientific if founded on distinction with no transportation significance. Fort Smith Traffic Bureau v. St. L. & S. F. R. R. Co. et al. 651. CLASS RATES. Forest City Freight Bureau v. Ann Arbor R. R. Co. et al. 109, 118. Wyman, Partridge & Co. et al. v. B. & M. R. R. Co. et al. 258. Lincoln Commercial Club v. C., R. I. & P. Ry. Co. et al. 319. Johnston & Larimer Dry Goods Co. et al. v. A., T. & S. F. Ry. Co. et al. 388. COAL. Clinch Valley field. Raven Red Ash Coal Co. v. N. & W. Ry. Co. 230. Iowa rates. Lincoln Commercial Club v. C., R. I. & P. Ry. Co. et al. 319. Mining and car distribution. Powhatan Coal & Coke Co. v. N. & W. Ry. Co. et al. 69. Rates on lump and slack. Gentry v. C., R. I. & P. Ry. Co. et al. 214. Reshipment at Kansas City. Laning-Harris Coal & Grain Co. et al. v. Mo. P. Ry. Co. et al. 154. Amarillo Gas Co. v. A., T. & S. F. Ry. Co. et al. 340. Goff-Kirby Coal Co. et al. v. B. & L. E. R. R. Co. 383. Haines v. C., R. I. & P. Ry. Co. et al. 214. Laning-Harris Coal & Grain Co. v. St. J. & G. I. Ry. Co. 317. Nebraska State Railway Commission v. U. P. R. R. Co. 349. COAT HOOKS. Rates on. COKE. Forest City Freight Bureau v. Ann Arbor R. R. Co. et al. 118. Rates on. Amarillo Gas Co. v. A., T. & S. F. Ry. Co. et al. 240. COKE OVENS. As basis for car distribution. Powhatan Coal & Coke Co. v. N. & W. Py. Co. et al. 69. COMBINATION RATES. The rate on cotton piece goods from certain producing mills in the South to near-by dye works and from the dye works to Chicago is less than the combination from the mill to the dye works of the complainant at Cincinnati and from thence to Chicago. This is for the reason that the rate from southern mills to Chicago through Cincinnati is less than that to Cincinnati plus the local from Cincinnati, and this is due to the fact that the rate from southern mills to Chicago is competitive with that from New England; Held, That while the better combination in favor of the southern dye works may be a discrimination against the works of the complainant, it is not, under all the circumstances, undue and therefore unlawful. Reliance Textile & Dye Works v. So. Ry. Co. et al. 48. Where a discrimination results from the combination of a State and an interstate rate, both established by the same carrier, the matter is not withdrawn from the jurisdiction of this Commission by the fact that the discrimination is produced by an improper State rate-certainly not when the State rate is voluntarily made by the carrier. Id. The practice of inserting obscure and general clauses in voluminous tariff publications, to the effect that where a combination of locals, either general or in specific instances, will make a lower aggregate through rate than the specific joint through rate therein stated, the former will be used, has been found by long experience to result in gross misapplication of the tariffs and in unjust discriminations. Under this practice the individual or concern whose business is large enough to warrant the employment of a traffic or rate expert will be able to secure combinations resulting in lower aggregate charges than can be secured by the smaller or occasional shipper who is unable to employ such an expert and who is required to pay the joint through rate appearing on the face of the tariff. It is self-evident that if such discriminations are to be broken up there can be but one lawful rate in effect at a given time on any commodity in the one direction between two points. Hydraulic Press Brick Co. v. St. L. & S. F. R. R. Co. et al. 342. The practice of making rates from or to an exclusive office by combination of the full local rates through some junction point seems to be objectionable, but since there is no evidence in this case from which the effect of an order requiring the establishment of a through base rate and the application of the graduate scale to that rate can be determined, the Commission declines to interfere at this time with the present practice. Kindel v. Adams Express Co. et al. 475. Complainant shipped 2 carloads of bran, milled in transit, from Salina, Kans., to Little Rock, Ark., over defendant's direct line through Coffeyville, and was charged the published through rate, which is higher than an alleged combination of a rate on bran over defendant's line to Kansas City, Mo., plus a proportional rate from Kansas City to Little Rock; Held, That under defendant's tariffs there was no combination on Kansas City less than the through rate. Marshall Michel Grain Co. v. Mo. Pac. Ry. Co. 566. The rate from Chester, which is a joint through rate established by the Seaboard Air Line and the Chesapeake & Ohio, should not, however, exceed the rate from Richmond by the full amount of the local from Chester to Richmond. Johnston & Larimer Dry Goods Co. et al. . A., T. & S. F. Ry. Co. et al. 388. Lincoln Commercial Club v. C., R. I. & P. Ry. Co. et al. 319. Payne-Gardner Co. v. L. & N. R. R. Co. 638. Phillips-Trawick-James Co. et al. v. So. Pac. Co. et al. 644. COMMODITY RATES. Carriers making special efforts to meet requirements of special commodity State commissions take into consideration in' fixing rates on special com- COMMODITIES. Bananas, New Orleans and Mobile to Kansas City, etc. 620. Beer, Pueblo to Leadville, origin St. Louis, 329. Beer, mixed C. L. with mineral water, 28. Bran, Salina, Kans., to Little Rock-through route, 566. Brick, Lincoln, Nebr., compared with Omaha, 319. Brick, enameled, Cheltenham, Mo., to New Iberia, La. 342. Brooms, wire, classification of, 109. Brushes, wire, classification of, 109. Cameras and cycles, St. Louis to Denver, 283. Canned goods and dried fruit, Pacific coast to Nashville, 644. Canned vegetables, Green Bay, Wis., to Washington, Ohio-misrouting, 286. Cannel coal to be classified with bituminous, 383. Cattle, delivery of, at Chicago stock yards, 418. Cattle, Leon, Kans., to Chicago, 513. Cement, Lincoln, Nebr., compared with Omaha, 319. Coal, Arkansas and Indian Territory to Oklahoma points, 214. Coal, Cardiff, Ill.-through routes, 460. Coal, Clinch Valley to seaboard, 230. Coal, Lincoln, Nebr., compared with Omaha, 319. Coal, Marion, Ill., to Minneapolis, Minn.-demurrage, 571. Coal, Springfield, Ill., to Leona, Kans. 317. Coal, Springfield, Ill., to Salina and Kipp, Kans.-overcharge, 154. Coal, Westport via Dodson and Kansas City-switching, 573. Coal, Wyoming to points in Nebraska, 349. Coat hooks, wire, in cases, L. C. L., classification of, 118. Coke, C. L., Trinidad Dist. to Amarillo, Tex. 240. Corn, milling-in-transit to Bangor and Lewiston, Me. 246. Corn, snapped, Laverty, Okla., to Millican and Navasota, Tex. 46. Cotton piece goods, New England to Denver, 225. Cotton, seaboard to Wichita via Galveston, 388. Cotton, southern mills to Chicago, 48. Cotton seed points on Fort Smith and Western R. R. to Memphis, 1. Cotton seed, Prague, Okla., to Warwick, Okla. 473. Cotton seed, Oklahoma to Little Rock-through routes, 243. Cream, Columbia, Tenn., to Jacksonville, Fla.-express, 536. Cream and milk, St. Paul, Nebr., to Denver, 131. Cross-ties, Barnett to McAlester, Ind. T. 366. Cross-ties, Illinois points from Nashville division of Southern Ry, and Nash- Cycles, St. Louis to Denver, 283. Dried fruit and canned goods, Pacific coast to Nashville, 644. Farm machinery, Dallas to Kansas City-overcharge, 128. Fruit jars, glass, Greenfield, Ind., to Calico Rock, Ark. 293. Glass, Lincoln, Nebr., compared with Omaha, 319. Glass, fruit jars, Greenfield, Ind., to Calico Rock, Ark. 293. Glass, plate, import rates compared with domestic, 87. Grain and products, Buffalo to New England points, 31, 37, 38, 39, 40. Iron pyrites, inland rate from Baltimore to Detroit, 357. Iron pyrites, inland rate from New York to Detroit, 363. Knit goods, seaboard to Wichita via Galveston, 388. Live hogs, Missouri River to Seattle, 501. Lumber, Boardman, N. C., to Schuylkill Haven and Pottsville, Pa. 521. Lumber, Chester, Va., to Columbus, Ohio, 601. Lumber, hardwood, eastern points to Pacific coast, 668. Lumber, hardwood, Memphis to New Orleans, 657. Lumber, lath, and shingles, Ashland, Tex., to Nash, Okla. 171. Lumber, Lincoln compared with Omaha, 319. Lumber, Missouri points to Kansas City-switching charges, 534. Manure, Washington, D. C., to Glendale, Md. 526. Masurite, classification of, 405. Milk and cream, St. Paul, Nebr., to Denver, 131. Mineral water and beer in mixed carloads, 28. Motorcycles, St. Louis to Denver, 283. Multigraphs in cases, L. C. L., Western Classification, 295. Oranges, St. Petersburg, Fla., to Atlanta, 529. Paving stone blocks, Lithonia, Ga., to Chicago, 401. Plate glass, import rates compared with domestic, 87. Potatoes, Wautoma, Wis., to Springfield, Mo.-misrouting, 167. Rice, Lincoln compared with Omaha, 319. Rice and sugar, Texas and Louisiana to Anthony, Kans. 605. Salt, Lincoln compared with Omaha, 319. Shingles, Ashland, Tex., to Nash, Okla. 171. Stable manure, Washington to Glendale, Md. 526. Stone at ascertained weights, 115, 569. Sugar, Lincoln compared with Omaha, 319. Sugar, New Orleans to Gallatin, Tenn. 638. Ties, railroad, Barnett to McAlester, Ind. T. 366. Ties, Illinois points from Nashville division of Southern Ry. and Illinois Walnut lumber, Oklahoma City to Galveston for export, 43. Water, mineral, in mixed C. L. with beer, 28. Wire brushes and brooms, classification of, 109. Wire coat hooks in cases, L. C. L., classification of, 118. Wood, Missouri points to Kansas City-switching charges, 534. COMMON ARRANGEMENT OR CONTROL. Applies only to transportation partly by railroad and partly by water. Baer Bros. Mercantile Co. v. Mo. Pac. Ry. Co. et al. 329. COMMON LAW. Authority to administer remedies incidentally to common-law rights arise Esablishment by connecting carriers of through routes and joint rates funda- In absence of agreement, carrier's liability governed by the ordinary common- Payment voluntarily made with full knowledge could not be recovered. Baer COMPETITION. The proviso in section 15 of the amended law limiting the power of the Com- Competition in commodities alone, at the nearer point, will not make the cir- In considering the question of alleged unjust discrimination in favor of ship- |