Wire gates, minimum for sixty miles, eleven cents; maximum, twenty four cents. Upon these twelve roads, excluding the Rome, Watertown and Ogdensburgh railroad, the average rates are, for sixty miles carriage: Fencing, released, fourteen and three-fourths cents. Fencing, not released, eighteen and seven-eighths cents. These figures demonstrate the fact that the range in the rates charged by different roads in the State upon the same freight, is extremely wide, one road asking two and a half times as much for the same service as another. Each road is vested with power to make its freight rates. Those of the Rome, Watertown and Ogdensburgh road are not the highest in the State. They are, however, much above the average rates, and are calculated to elicit the suggestion that a railroad company may fail to realize the highest possible income from its territory by charging such rates as to restrict business and to limit traffic upon its road instead of developing the country which is 'tributary to it. At present the law makes the roads the judges of the relations which they bear to such traffic and its development, provided the rates are reasonable and do not unjustly discriminate. Încidentally the Rome, Watertown and Ogdensburgh road asserts that it has paid no income to its stockholders in many years until during the last year, and that it can not justly be expected to do a losing business in the operation of its road. While the rates on the Rome, Watertown and Ogdensburgh railroad appear to be extremely high as compared with those on other roads in the State, this Board does not feel warranted in positively recommending a general reduction upon the complaint of one individual, although it can properly throw out the suggestion that the rates of the railroad might be materially reduced on many articles, and that such reduction would be of benefit both to the road and its patrons. The Board can, in the matter of this complaint, only recommend that the amount of overcharge upon the consignments to Mr. Mather, made by the errors of the company's agent in billing goods wrongly, shall be corrected and the difference between the charges which were made and those which should properly be made in accordance with the tariff rates of the company shall be repaid to complainant at once. III. H. C. CRANDALL V. THE LACKAWANNA AND PITTSBURGH RAILROAD COMPANY. September 15, 1888. This complaint of date of September the 8th, 1888, alleged that the company for two years had paid no attention to repairing the fences on its line and that it was impossible to prevent complainant's cattle from straying on to the track and going on to his neighbor's land, or, for the cattle of his neighbor straying upon his land. He further alleged that the company had refused to pay him for all animals it had killed. The answer of the receiver was that owing to the financial condition of the road, it was unable to meet its obligations and had furthermore resulted in a temporary suspension of its operation; that steps were being taken to sell the road under foreclosure and effort would be made to put it on a better footing. Since then the road has been sold and reorganized and the new officials are promising compliance with the statutes. IV. WM. WOOD V. THE ELMIRA, CORTLAND AND NORTHERN RAILROAD COMPANY October 8, 1888. The complainant alleged that a number of cases had occurred on the line of this road, whereby serious accident had been barely escaped through land slides, and that an efficient train examination and inspection was not maintained. The company positively denied the statement, and, as the address of Mr. Wood could not be obtained and the original statement substantiated, and as the inspection instituted by the Board did not bear out the complaint, it was dismissed. V. IN THE MATTER OF THE COMPLAINT OF HAYES & OGDEN V. THE ROME, WATERTOWN AND OGDENSBURGH RAILROAD COMPANY. October 22, 1888. Messrs. Hayes & Ogden, of Utica, N. Y., complained that they were charged twenty-six cents per hundred by the Rome, Watertown and Ogdensburgh Railroad Company, for carrying corn (unground) from Utica "to all stations beyond Boonville and this side of Lowville," and that the railroad company charged but twelve and one-half cents per hundred on feed and ground corn to the same stations, and incidentally remarked that other roads running out of Utica carry the same freight the same distance and charge but five cents per hundred therefor. A copy of the complaint having been sent to the Rome, Watertown and Ogdensburgh Railroad Company, reply was received from L. A. Emerson, general traffic manager, dated October 1, 1888, in which he says that, "The difference complained of by the parties in comparing the rate charged on flour and feed in ton lots with that charged on corn same quantity, is explained in the fact that a reduction was made on flour and feed, small lots, at the request of some of the small dealers, so as to enable them to compete with dealers who were more fortunate in being able to buy the same commodity in carloads, while it is quite unusual to transport corn and other coarse grain in small lots, it being the usual custom to transport these commodities in full carloads." This answer having been sent to the complainants, reply was received as follows: "In answer, we would say that if this railroad company is willing to bring differences in the rate charged in ton lots and car lots on flour and feed nearer together, in order that small dealers in these commodities can live, why should they try to drive the small dealer in corn out of business by obliging him to pay twenty-six cents per hundred, while his more fortunate neighbor, who buys in car lots, pays but twelve cents per hundred. This railroad company is the only one running out from the city that makes such a difference, and their charges are much higher than other companies would be; we pay but four cents per hundred and five cents per hundred on ton lots of corn by the Delaware, Lackawanna and Western, and Ontario and Western for carrying the same distance." While complaint is made indirectly and in a general way against what purports to be the excessive charges of the Rome, Watertown and Ogdensburgh Railroad Company, the specific cause seems to be in the discrimination in transporting ton lots of feed and ground corn as compared with corn unground. The Board, therefore, confines itself to the particular cause of complaint. The Rome, Watertown and Ogdensburgh Railroad Company having made a precedent for a reduction in certain instances on small lots of flour and feed and ground corn, the Board is unable to understand why its interests would not as well be subserved in making a like reduction on similar lots of corn unground; certainly, the Board is unable to see that it can work to their disadvantage in the one instance more than in the other. RECOMMENDATION. The Board recommends that the Rome, Watertown and Ogdensburgh Railroad Company reduce their tariff on corn, unground, in small lots, to the same rate charged for the transportation of similar lots of flour, feed and ground corn, viz.: twelve and one-half cents per hundred. VI. IN THE MATTER OF THE COMPLAINT OF THE WATERTOWN NATIONAL BANK, THE NATIONAL UNION BANK, AND THE NATIONAL BANK AND LOAN COMPANY, AND OTHERS V. THE ROME, WATERTOWN AND OGDENSBURGH RAILROAD COMPANY, AND THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY. October 30, 1888. This complaint, dated the 13th day of July, 1888, by James A. Ward, Esq., counsel, states that the Watertown National Bank, the National Union Bank of Watertown, and the National Bank and Loan Company of Watertown, complain against the Rome, Watertown and Ogdensburgh Railroad Company, and the New York Central and Hudson River Railroad Company, and allege the following facts on information and belief: That the petitioners are banking corporations organized under the national banking system, and are located and doing business in the city of Watertown, Jefferson county; that the city of Watertown has a population of about 15,000 inhabitants; that it is a manufacturing city and has several large industries; that a large business is conducted there through the mails; that the products of the manufacturing establishments are sold all over the United States, and the remittances in payment thereof are mostly made through the mails; checks and drafts are mostly all deposited in the banks of said city; and all the cheese sold from Jefferson county is sold in the Watertown board of trade; that the financial transactions connected with such cheese sales are mainly transacted through the Watertown banks; that since the month of April, 1886, the Rome, Watertown and Ogdensburgh Railroad Company has had control, under lease, of the Utica and Black River railroad, and the Carthage, Watertown and Sackett's Harbor railroad, which, with its own line, are the only railway lines entering Jefferson county. That for several years previous to the consolidation of the Utica and Black River railroad with the Rome, Watertown and Ogdensburgh railroad, trains were run on said railroads so that the mail from New York and the west reached Watertown between 7 and 9 o'clock in the forenoon; "that at one period the mail reached Watertown at about 6 o'clock A. M.;" that on account of some disagreement, as your petitioners are informed and believe, between the management of the New York Central railroad and the Rome, Watertown and Ogdensburgh railroad, the sleeping coach which takes Watertown passengers is purposely delayed in New York; that the officers of the Rome, Watertown and Ogdensburgh railroad, as your petitioners are informed and believe, made no endeavor to accommodate the people of Northern New York and especially of Watertown; that, as your petitioners are informed and believe, the Watertown sleeper could be taken on the train that leaves New York at 6 P. M and reaches Utica at 12.30 A. M. The petitioners then further state, which is the gravamen of the complaint, that the mail from New York reaches Utica at 4.14 a. M., where it is delayed until 7.05 A. M., and the mail from the west reaches Syracuse at 2.15 A. M., where it is delayed until 7.15 A. M.; that the mail trains that take this mail to Watertown via the Rome, Watertown and Ogdensburgh and the Utica and Black River railroads, now reach Watertown at 10.15 A. M. and 10.55 A. M., respectively; that the mail is distributed about 12 o'clock; that the petitioners are informed and believe that the New York Central and Hudson River Railroad Company and the Rome, Watertown and Ogdensburgh Railroad Company can so arrange the running of their trains without any inconvenience to said companies that the mail trains can reach Watertown at between 6 and 8 o'clock A. M.; that the present arrangement is very detrimental and inconvenient to the business interests of the city of Watertown; that it forces the banking transactions each day into the afternoon. The petitioners then request, "that the Board of Railroad Commissioners investigate the arrangement between the New York Central and Hudson River Railroad Company and the Rome, Watertown and Ogdensburgh Railroad Company, and make such recommendations in the premises as are just and proper." A copy of this petition was sent to the New York Central and Hudson River Railroad Company, and to the Rome, Watertown and Ogdensburgh Railroad Company. The New York Central and Hudson River Railroad Company, through its first vice-president, C. C. Clarke, Esq., answers that the bulk of the mail matter from New York city for Northern New York, leaves the Grand Central station by special mail at 9 P. M.; that this train delivers the mail to the Rome, Watertown and Ogdensburgh Railroad Company, at Utica at 4.14 A. M.; that this mail service has remained unchanged, so far as the New York Central and Hudson River Railroad Company is concerned, for several years. With respect to the sleeping car service, Mr. Clarke informs the Board that two sleeping cars leave the Grand Central station, New York city, daily at 6 P. M., and are delivered to the Rome, Watertown and Ogdensburgh Railroad Company at 12.30 A. M., at Utica. He states that he would be very glad to have one of these cars pass through Watertown if the management of the connecting line finds it feasible to so arrange. Inasmuch as these two sleepers are only intended for summer business, and the trains connecting therewith on the Rome, Watertown and Ogdensburgh road have been taken off, the Board will not consider that matter further. So far as the service of the New York Central mails is concerned, the answer of the road appears to be entirely satisfactory, and the Board will hereinafter consider the propriety of the Rome, Watertown and Ogdensburgh railroad changing its time-table, so as to not permit so long a delay between the arrival of the mail at Utica and the departure of the train on the Utica branch of the Rome, Watertown and Ogdensburgh road. The Rome, Watertown and Ogdensburgh railroad, through its vicepresident, Charles Parsons, Jr., Esq., answered the complaint as follows: "First. The New York Central and Hudson River railroad train leaving New York at 6 o'clock P. M., arrives at Utica at 12.20 A. M., and does not stop at Rome. The New York Central and Hudson River railroad train leaving New York at 9 P. M., arrives at Utica at 4.14 A. M., passes Rome at 4.35 A. M., but does not stop. The New York Central and Hudson River railroad train leaving New York at 11.30 P. M., reaches Utica at 7.05 A. M., Rome at 7.30 A. M. It is obvious that any train that we may run to connect with either of the first two trains mentioned, must be either merely a mail train or a train run for special through business; such a train could not expect to do any local business. There is no such special through business on the line of the Rome, Watertown and Ogdensburgh railroad to warrant the running of a train therefor, except during a few months in the summer, during the season of tourists' travel. During those months we run a train from Utica, connecting with the train leaving New York at 6 P. M., and hauling two sleepers from New York, |