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JOINT RATES.

Complainant demands through routes and general class and commodity rates
on movements in both directions between points on its own line and points on
the lines of the defendants, but it appeared from the record in the case that the
shipping community described therein was already supplied with a reasonable
or satisfactory through route. For this reason the complaint should be dis-
'missed. Chicago & Milwaukee Electric R. R. Co. v. I. C. R. R. Co. et al. 20.

In general, joint through rates are lower than the sum of the locals between
two points, and obviously there can very seldom be any transportation reason
why such should not be the case. Laning Harris Coal & Grain Co. v. Mo. P.
Ry, Co. et al. 154.

There can be but one legal rate between two points. This rate must be (a)
the local rate if over one road, or (b) the joint rate if over a through route
composed of two or more roads which have agreed to a joint rate, or (c) a
combination of separately established rates applicable on through business over
a through route which does not enjoy joint rate. Id.

On complaint of failure by defendant to establish through routes and joint
rates with complainant between interstate points on their respective roads, it
appeared that the shipping communities at points on complainant's line between
Coralville, Iowa, and Cedar Rapids, Iowa, do not at this time enjoy the benefit
of any reasonable or satisfactory through route from and to Chicago and other
points reached by defendant; Held, That through routes and joint rates there
over which shall not exceed by more than 10 per cent the class and commodity
rates of defendant between Chicago and other points and Cedar Rapids,
should be established and maintained for the transportation of interstate traffic
from and to Coralville and all other points on complainant's line intermediate
to Cedar Rapids to and from Chicago and other points on the line of defendant
via junction point of the two roads at Cedar Rapids. Cedar Rapids & Iowa
City Ry. & Light Co. v. C. & N. W. Ry. Co. 250.

Complainant formerly was allowed through routes and joint rates over
defendants' lines from its coal mines to certain interstate points, but sub-
sequently this privilege was withdrawn. Complainant's daily capacity is in
excess of the requirements of the local markets, and the complaint is filed
for the purpose of securing a wider market. While such through routes and
joint rates were in force complainant was able to sell a substantial volume
of coal to the interstate territory in question, but since such withdrawal the
greater part of this trade has been lost. While denying to complainant
such an outlet from its mines, through routes and joint rates are maintained
to such interstate points from other near-by mines. Upon petition of com-
plainant for an order reestablishing the through routes and joint rates pre-
viously in effect; Held, That the routes over other lines referred to in the
opinion are not reasonable or satisfactory; that complainant should again be
accorded the through routes and joint rates over the lines of defendants, and
that the refusal to establish through routes and joint rates from compla in-
ant's mines is an unlawful discrimination. Cardiff Coal Co. v. C., M. & St. P.
Ry. Co. et al. 460.

This case involves a state of facts substantially similar to that presented in
Cardiff Coal Co. v. C., M. & St. P. Ry. Co, et al., supra, and complainant is
entitled to an order establishing through routes and joint rates to all strictly
local points on the line of the principal defendant to which no through routes
now exist from Cardiff. Cardiff Coal Co. v. C. & N. W. Ry. Co. et al. 471.

Applicable only to particular shipper or class and denied to other not per-
missible. Fort Smith Traffic Bureau v. St. L. & S. F. R. R. Co. et al. 651.

.

Broom corn from Elk City to Sioux City. Coomes & McGraw v. C., M. &
St. P. Ry. Co. et al. 192.

Canned vegetables Green Bay to Washington. Larsen Canning Co. v. C. &
N. W. Ry. Co. et al. 286.

Coal from points without Missouri to Westport. Leonard v. K. C. S. Ry. Co.
et al. 573.

Cotton seed. Memphis Freight Bureau v. Ft. S. & W. R. R. Co. et al. 1.

Ice from Tobico to Toledo and Cleveland. Wagner, Zagelmeyer & Co. v.
Detroit & Mackinac Ry. Co. et al. 160.

Lincoln compared with Omaha. Lincoln Commercial Club v. C., R. I. & P.
Ry. Co. et al. 319.

Lumber from Ashland to Nash. Gentry v. A., T. & S. F. Ry. Co. et al. 171.

None in effect, local applicable. Hollis Stedman & Sons v. C. & N. W. Ry.
Co. et al. 167.

Unjust in so far as they exceeded the sum of the locals. Coomes & McGraw
V. C., M. & St. P. Ry. Co. et al. 192.

With ocean line more properly termed through export or import rate. Cos-
mopolitan Shipping Co. v. Hamburg-American Packet Co, et al. 266.

JURISDICTION OF THE COMMISSION.

The act provides that this Commission shall exercise jurisdiction over the
inland portion of the haul, either to or from the foreign country; and it must
logically and necessarily follow that the rate which must be filed with the
Commission under section 6 of the act is the rate governing such movement.
On foreign commerce the rate to be published with this Commission should be
the rate to the port and from the port-an open rate, which any who desire to
do so may use with equal advantage. Cosmopolitan Shipping Co. v. Hamburg-
American Packet Co. et al. 266.

In all controversies before the Commission if there is lack of jurisdiction,
either from the absence of essential facts or through want of power in the
statute, it is the duty of the Commission, on its own motion, to deny jurisdic-
tion. Chandler Cotton Oil Co. v. Ft. S. & W. R. R. Co. 473.

The withdrawal of lake-and-rail rates for the winter during the period of
closed navigation with the intention of restoring them with the opening of navi-
gation in the spring is not sufficient to take from the jurisdicion of the Commis-
sion a rail line which, like the defendant, lies wholly within one State, because
during that limited time it has no connections by which it can actually engage
in interstate traffic. Benton Transit Co. v. B. H.-St. Joe Ry. & L. Co. 542.

The Commission may afford relief from the imposition of demurrage charges
upon a showing that the complainant has been subjected either to unjust dis-
crimination or to the payment of unreasonable charges. As the record in this
case does not warrant a finding of unjust discrimination or unreasonable
charges, the complaint is dismissed. MacBride Coal & Coke Co. v. C., St. P., M.
& O. Ry. Co. 571.

If complainant contends that demurrage charges exacted by defendant did
not constitute a lawful lien upon the property, and that defendant's action
amounted to an unlawful conversion, its action should have been brought before
some court of competent jurisdiction and not before this Commission, whose
function is to enforce the provisions of the act to regulate commerce and kindred
laws. Id.

Act does not extend to State traffic. Hussey v. C., R. I. & P. Ry. Co. 366.

Authority not given to require carriers to establish special fares. Field 1.
Southern Ry. Co, et al. 298.

Commission without power to modify tariffs save as prescribed in the act.
La Salle & Bureau County R. R. Co. v. C. & N. W. Ry. Co, 610.

Foreign corporation stockholding not included. Lykes Steamship Line v.
Commercial Union et al. 310.

Formal complaints under section 13. Manning v. C. & A. R. R. Co. 125.

Function of Commission to administer the act. Haines v. C., R. I. & P. Ry.
et al. 214.

Power to establish through routes and joint rates. Cardiff Coal Co. v. C., M.
& St. P. Ry. Co. et al. 460.

Provisions of section 15. Romona Oolitic Stone Co. v. Vandalia R. R. Co. 115.

State railroad, conditions under which subject. Leonard v. K. C. $. Ry. Co.
et al. 573.

Transportation under consideration and all roads participating subject to
Commission. Baer Bros. Mercantile Co. v. Mo. P. Ry. Co. et al. 329.

KNIT GOODS.

Rates on. Johnston & Larimer Dry Goods Co. et al. v. A., T. & S. F. Ry. Co.
et al. 388.

LAKE-AND-RAIL RATES.

Unless a railway forming a part of a lake-and-rail route sees fit to hold itself
responsible for losses arising from perils of the sea, it should tender to the pub-
lic a transportation contract which leaves shippers free to arrange for their
own marine insurance. Wyman, Partridge & Co. et al. v. B. & M. R. R. et al.
258.

Withdrawal during close of navigation does not take rail line from jurisdie-
tion of Commission. Benton Transit Co. v. B. H.-St. J. Ry. & L. Co. 542.

Banner Milling Co. v. N. Y. C. & H. R. R. R. Co. 31.

LIMITATIONS.

A statute of limitations is a wise method of forcing claimants either to
assert their rights against others or definitely abandon them. Persons against
whom claims may be made are fairly entitled to repose at some definite point
of time, and this is especially true in connection with matters of transportation.
Waybills and other papers accumulate in vast numbers in the course of a few
months, and carriers are entitled, if claims are to be made, to have them made
with reasonable promptuess Missouri & Kansas Shippers' Asso, t, A., T. &
S. F. Ry, Co. 411.

Complaints are to be filed within two years from the time the cause of action
accrues. Goff-Kirby Coal Co, et al. v, B. & L. E. R. R. Co. 383.

LIVE STOCK.

Rates on. Cattle Raisers' Assn. of Texas v. M., K. & T. Ry. Co. et al. 418.

LOADING.

Wharf facilities at New Orleans for bananas. Topeka Banana Dealers'
Asso. et al. v. St. L. & S. F. R. R. Co. et al. 620.

LOCAL RATES.

Two cars of coal were shipped by complainant from Springfield, Ill., to Kan-
sas City, Mo., via the Wabash Railroad, and, after arrival at Kansas City,
one car was forwarded by complainant to Salina, Kans., and one to Kipp,
Kans., both going via the Missouri Pacific Railway. The joint rate on coal
from Springfield to Salina or Kipp via Kansas City is $3.73 per ton, whereas
the combination rate is $3.50. On the foregoing shipments defendants charged
and collected the higher joint rate. Upon complaint that this charge is unrea-
sonable; Held, That these shipments consisted of strictly local shipments into
and out of Kansas City, and that the application of the joint through rate was
not in accordance with the published tariffs, but that the lawful rate applicable
on such shipments was the combination of locals. Reparation awarded, Lan-
ing-Harris Coal & Grain Co. v. Mo, Pac. Ry. Co. et al. 154.

Applicable to through shipments when no joint rates established. Larsen
Canning Co. v. C. & N. W. Ry. Co. et al. 286.

Combinations of, as measure of reasonable joint rate. Memphis Freight
Bureau v. Ft. S. & W. R. R. Co, et al. 1.

Expense bills on through shipment. Leonard v. K, C. S. Ry. Co. et al. 573,

Express rates on small packages under graduated scale. Kindel v. Adams
Express Co. et al. 475.

Through rate higher than sum of locals. Butters Lumber Co. p. 4. C. L.
R. R. Co. et al. 521.

LOCALITIES.

The fact that express rates in and out of a particular business locality are
higher than those in and out of a competing locality from a common source of
supply is not of the same importance as in case of freight rates, since the
wholesaler ordinarily brings his merchandise in by freight and also distributes
it by freight. Kindel v. Adams Express Co. et al. 475.

Amarillo, Tex., from Trinidad, Colo.; coke rates, 210.
Anthony, Kans., from eastern points, etc.; wholesale groceries, 605.
Ardmore and Pauls Valley, Okla.; compression of cotton, 187.
Ashland, Tex., to Nash, Okla.; through route, lumber, lath, and shingles, 171.
Baltimore to Detroit; imported iron pyrites, 357.
Barnett to McAlester, Ind. T.; cross-ties, overcharge, 366.
Bloomington, Paxton and Pawnee Junction, Ill.; railroad cross-ties, 16.

Boardman, N. C., to l'ottsville and Schuylkill Haven, Pa.; lumber, over-
charge, 521.

Buffalo to Irvington, N. J.; flour, C. L. 39.
Buffalo to Philadelphia and Baltimore; flour, C. L. 40.,
Buffalo to Providence; flour, C. L., overcharge, 37.
Buffalo to Unionville, Conn.; flour, C. L. 38.
Cardiff, ill., to C. & N. W. points; through routes on coal, 471.
Cardiff, II., to St. Paul Ry. points; through routes on coal, 460.
Cheltenham, Mo., to New Iberia, La.; ena meled brick, 342.
Chester, Va.; lumber rates to Ohio, 601.
Chicago, from east; rail and lake rates, 258.
Chicago, etc., to Pacific coast; hardwood lumber, 668.
Chicago points to Pacific coast; ground iron ore, 409.
Chickasha, Okla.; snapped corn, 238.
Cincinnati to Chicago; cotton piece goods, 48.
Cleveland, Ohio; wire coat hooks, 118.
Cleveland, Ohio, and Durham, N. H.; wire brushes and brooms, 109.
Clinch Valley to Seaboard; coal rates, 230.
Coal Creek District, Tenn.; car distribution, 440.
Coralville and Cedar Rapids, Iowa, to Chicago; through routes, 250.
Columbia, Tenn., to Jacksonville, Fla.; cream, express rates, 536.
Council Bluffs and Kansas City; elevator allowances, 498.

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Dallas to Kansas City; agricultural implements, 128.

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Denver from eastern points; express rates, 475.

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Memphis, Tenn.; cottonseed rates, 1.

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Denver from New England points; cotton piece goods, 225.
Denver from St. Louis; cameras and motorcycles, 283.
Detroit from New York; imported iron pyrites, 363.
Dragon, Utah, to Mack, Colo.; gilsonite rates, 196.
Duluth and Superior, Wis.; free storage in transit, 288.
Duluth to Rhinelander, Wis.; wood pulp and paper, 633.
Elder, Ind. T., station facilities, 103.
Elk City via Omaha to Sioux City, Iowa ; broom corn, 192.
Enid, Okla.; coal rates, 222, 223, 224.
Fanshawe, Okla., station facilities, 138.
Ft. Smith, Ark.; nitrate of soda, 651.
Gallatin, Tenn., from New Orleans; sugar, C. L. 638.
Goltry, Okla., from Kansas and Oklahoma coal mines; coal, 219
Green Bay, Wis., to Washington, Ohio; vegetables, canned, 286.
Greenfield, Ind., to Calico Rock, Ark.; glass fruit jars, 293.
Haines City, Fla., to St. Louis; fish in packages, 516.
Illinois mines on lines of defendants; car distribution, 451.
Illinois points, south; through routes, 20.
Independence, Kans., from San Francisco; rope cables, 56.
Kansas City, Mo.; switching charge, 573.
Kansas City, Mo.; switching charges, 411.
Kansas City, Mo.; switching charges on wood, 534.
Kansas City, Mo., to Cape Girardeau, Mo.; hay, C. L. 152.
Kingfisher, Okla.; coal rates, 222.
Kingfisher, Okla.; coal rates, 221.
Kingfisher, Okla.; coal rates, 214.
Kingfisher, Okla.; coal rates in, milling in transit out, 220.
La Salle Ill., to La Salle Junction; terminal allowance, 610.
Laverty, Okla., to Millican and Navasota, Tex.; snapped corn, -46.
Leadville from St. Louis; beer, C. L. 329.
Leon, Kans., to Chicago; cattle rates, 513.
Leona, Kans., from Springfield, Ill.; coal rates, 317.
Lincoln, Nebr., compared with Omaha; commodity rates, 319.
Lithonia, Ga., to Chicago; stone paving blocks, 401.
Little Rock from defendant's line in Oklahoma ; cotton seed, 243.
Manitowoc, Wis., to Baltimore, via West Fairport, Ohio; rye, 614,
Marion, Ill., to Minneapolis, Minn.; demurrage, 571.
Memphis to New Orleans; hard-wood lumber rates, 657.
Michigan points, rail and lake, to Chicago; fruits, 542.
Mobile and New Orleans to Kansas City, etc.; bananas, 620.
Muskogee, Okla.; compress, 68.
Nashville, Tenn., to Evansville, Ind. ; party rates, 523.
Nashville from Pacific Coast points; canned goods, 644.
New Albany, Miss., to New England points, etc.; furniture, 594.
New England compared with New York; grain and grain products, 31,
Official Classification Territory; masurite, 405.
Oklahoma City to Galveston; walnut lumber rates, 43.

Owensboro and Henderson, Ky., to Trunk and Central Territory; general
rates, 300.

Paw Paw, Ind. T., and Lamar, Mo.; fitting stock cars for hay, 148.
Pecos, Tex., from Chicago, etc.; class rates, 173.
Pittsburg, Pa.; domestic plate glass compared with foreign, 87.
Pocohontas Flat Top Coal District; car distribution, 69.
Pond Creek, Okla.; coal rates, 257.

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