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after called the Central New Jersey, is delivered to the Pennsylvania at Phillipsburg, N.J. When from Lehigh Valley mines the Pennsylvania receives it at Phillipsburg or at New Boston Junction, Pa.; and when from Lehigh & New England mines the interchange is at Martins Creek, Pa. From Phillipsburg and Martins Creek to the destinations on the Pennsylvania the route is over that line through Trenton, N.J., and Philadelphia, and from New Boston Junction it is through Reading and Gray's Ferry. The routes shown above are in some instances longer than the shortest possible routes, and also longer than the tariff routes used on other commodities, but complainants do not question the efficiency of the coal-carrying routes. During 1931 a total of 168,717 long tons of Pennsylvania anthracite was shipped to Wilmington, 4,468 tons to Newport, 4,268 tons to New Castle, 1,689 tons to Kiamensi, 1,566 tons to Marshallton, 3,791 tons to Greenville, and 2,566 tons to Elsmere. Of the tonnage shipped to Wilmington in that year, 35 percent originated in the Wyoming and Lehigh regions, and 65 percent in the Schuylkill region. The complainant in sub-no. 1 received 25,253 long tons of buckwheat no. 4 at Wilmington during 1931, 92 percent of which originated on the Pennsylvania and Reading in the Schuylkill region and 8 percent on the Central New Jersey in the Wyoming region. In January 1910 the anthracite rates of the Pennsylvania from the Wyoming and Lehigh regions to Wilmington, Newport, and Holly Oak were $1.90 on prepared sizes, $1.60 on pea, and $1.45 on smaller sizes; and from the Schuylkill region they were $1.85 on prepared sizes, $1.55 on pea, and $1.40 on smaller sizes. The local rates of the Pennsylvania to New Castle were 10 cents higher than to Wilmington from the Wyoming region and 5 cents higher than to Wilmington from the Lehigh and Schuylkill regions. The rates from Reading mines in the Schuylkill region to Wilmington, Elsmere, Greenville, Kiamensi, Marshallton, and Hockessin were the same as those from mines on the Pennsylvania in that region to Wilmington. The rate from Reading mines in the Schuylkill region. to Silverside was 5 cents less than that to Wilmington; and the rates from Central New Jersey and Lehigh Valley mines in the Wyoming and Lehigh regions to Wilmington, Newport, Holly Oak, and New Castle were 5 cents higher than the local rates of the Pennsylvania. The rates to Philadelphia in January 1910 were $1.80 on prepared sizes, $1.50 on pea, and $1.30 on smaller sizes from the Wyoming region; $1.75 on prepared sizes, $1.45 on pea, and $1.30 on smaller sizes from the Lehigh region; and $1.70 on prepared sizes, $1.40 on pea, and $1.25 on smaller sizes from the Schuylkill region. Effective April 2, 1917, in compliance with an order of the Public Service

Commission of Pennsylvania in Northwest Business Men's Assn. v. P. & R. Ry. Co., 2 Pa. P.S.C. 959, the intrastate rates to Philadelphia were reduced 25 cents on prepared sizes, 15 cents on pea, and 51 cents on the smaller sizes, and the rates over almost all of the interstate routes to Philadelphia were reduced to the same basis. Those reductions had the effect of increasing the spread between the rates to Philadelphia and the destinations herein.

The rates from Central New Jersey and Lehigh Valley mines in the Wyoming and Lehigh regions to Wilmington, Newport, Holly Oak, and New Castle were increased 15 cents in the early part of 1918. Other than this, the only changes in the rates from and to the points herein between January 1910 and December 1925 were those brought about by the general increases and reduction.

The reasonableness of the rates from the Schuylkill region to Wilmington was under consideration in Anthracite Coal Investigation, 101 I.C.C. 363. In our original report in that case, we referred to the increase in the spread between the rates from that region to Philadelphia and Wilmington. For 20 years prior to April 2, 1917, the Wilmington rate on the prepared sizes was 15 cents higher than that to Philadelphia, but at the time Anthracite Coal Investigation, supra, was decided it was 63 cents higher. We stated therein that from the Schuylkill region rates 20 cents per ton higher than to Philadelphia would provide an ample yield of revenue, and prescribed maximum rates to Wilmington of $2.59 per gross ton on sizes larger than pea and $2.34 on pea size and smaller.

A statement dated November 5, 1925, prepared jointly by the coal merchants of Wilmington and the Reading and Pennsylvania lines, was filed with us. It was therein pointed out that in Anthracite Coal Investigation rates were prescribed to Wilmington from the Schuylkill region but not from the Wyoming and Lehigh regions. Prior to that time the rates from the Wyoming and Lehigh regions to Wilmington exceeded those from the Schuylkill regions by 13 cents on the prepared and pea sizes, with no difference in the rate on sizes smaller than pea. The establishment of the rates from the Schuylkill region, as set out in the original report, would have increased the rate spread to 56 cents on the prepared sizes, 31 cents on pea, and would have created a spread of 5 cents on the sizes smaller than pea. A substantial part of the coal consumed in Wilmington was received from the Wyoming and Lehigh districts, and the increased rate spread mentioned above would create a situation of distinct disadvantage to the Wilmington coal dealers receiving their coal from those districts. Conferences were held between the dealers and the carriers, and the joint statement mentioned above resulted. Some doubt was raised by complainants herein as to

whether all of the Wilmington coal dealers were parties to the statement, but a witness for complainants testified of the appointment of a committee to represent the coal dealers.

At the conferences, the coal dealers' committee agreed to the establishment of rates from the Schuylkill region of $2.77 on the prepared sizes, $2.39 on pea, and $2.34 on sizes smaller than pea, instead of $2.59 on the prepared sizes and $2.34 on pea and smaller sizes, as prescribed in our original report. As a part of that compromise arrangement the carriers agreed to establish from the Wyoming and Lehigh districts to Wilmington, from and to which rates were not prescribed in Anthracite Coal Investigation, rates 13 cents higher than from the Schuylkill region on the prepared sizes and pea, and 5 cents higher on sizes smaller than pea. In supplemental order 9 in Anthracite Coal Investigation we amended the previous findings as to the rate from the Schuylkill region to Wilmington, finding therein that the rates of $2.77, $2.39, and $2.34, as agreed upon by the Wilmington coal dealers and the carriers would be reasonable rates for the future. The revised finding is reported at 101 I.C.C. at page 378. The rates from the three origin districts, as agreed upon, were established in December 1925, and are the rates here assailed, except as to the rate of $2.47 over certain routes from mines on the Central New Jersey and Lehigh Valley in the Wyoming and Lehigh districts, on the smaller sizes, as shown in the appendix.

In December 1925, defendants established the same rates to Holly Oak as to Wilmington. The rates on the prepared sizes from the Wyoming and Lehigh regions to Newport were reduced from $3.15 to $3.02 on April 1, 1931. The rates from Lehigh Valley and Central New Jersey mines to Wilmington and other destinations on the Baltimore & Ohio, in connection with the Reading, were established on September 2, 1932, in compliance with the findings in Delaware, Lackawanna & W. Coal Co. v. Central R. of N. J., 185 I.C.C. 168. In general, the present anthracite rates to Wilmington apply also to Greenville, Silverside, Holly Oak, and Elsmere, and those to Newport apply also to Marshallton, Hockessin, and Kiamensi.

Complainants' and defendants' distances differ in many respects. Complainants computed the distances from all stations from which anthracite rates are maintained, including the distances from points at which river coal only is produced. River coal is recovered from the bottoms of rivers in the coal regions by dredging. It is of low value and is seldom transported except to power plants near the river washeries, or when it is to be used for special purposes such as in the production of pyrites sinter. It comprises less than 1 percent of the total coal production in the Wyoming, Lehigh, and Schuylkill regions. Defendants computed their distances from

mines, excluding river mines, over the shortest routes over which coal is transported. Those routes are in some instances longer than the shortest routes available under the tariffs, but the distances used by defendants are more nearly accurate than those of complainants. The rates assailed and the earnings thereunder to Wilmington, Newport, and New Castle, compiled from defendants' exhibits, are set forth in the appendix.

The rates assailed to Wilmington apply also to numerous destinations in Pennsylvania and Delaware, and those to New Castle apply also to other destinations in Delaware. The average distance to all destinations to which the rate of $2.90 applies on prepared sizes from the Wyoming and Lehigh regions is 188 miles, and the average earnings on prepared sizes are 15.4 mills per long-ton mile. The average distance to all destinations to which the rate of $2.77 applies on prepared sizes from the Schuylkill region is 125 miles, and the average earnings on prepared sizes are 22.2 mills per longton mile. The rate of $3.15 on prepared sizes to New Castle applies to a destination group to which the average distance is 196 miles, with average earnings of 16.1 mills per long-ton mile.

Complainants seek the following rates to all of the destinations herein: From mines in the Wyoming and Lehigh regions, $2.27 on prepared sizes, $2.15 on pea size, and $2.10 on the smaller sizes except on buckwheat no. 4 to Wilmington; and from mines in the Schuylkill region, $2.14 on prepared sizes, $2.02 on pea size, and $1.97 on the smaller sizes except on buckwheat no. 4 to Wilmington. They seek rates on buckwheat no. 4 to Wilmington of $1.85 from the Wyoming and Lehigh regions and $1.72 from the Schuylkill region.

The rates assailed are compared by complainants with the anthracite rates prescribed by the Public Service Commission of Pennsylvania from the coal regions in Pennsylvania to Philadelphia, and with the anthracite rates prescribed by us to Trenton and other destinations in northern New Jersey and on Staten Island, N.Y. In general the present anthracite rates to Philadelphia from the Wyoming region are $2.52 on prepared sizes and $2.27 on pea and smaller sizes; from the Lehigh region $2.52 on prepared sizes, $2.27 on pea size, and $2.14 on smaller sizes; and from the Schuylkill region $2.39 on prepared sizes and $2.14 on pea and smaller sizes. These are the rates which were established April 2, 1917, in compliance with the order in the intrastate case of Northwest Business Men's Assn. v. P. & R. Ry. Co., supra, as changed by the subsequent general increases and reduction. The average distance to Philadelphia from origins from which the rate of $2.52 applies on prepared sizes, as computed by complainants, is 174 miles, and the

average distance from origins from which the rate of $2.39 applies on prepared sizes, 121 miles.

Rates of $2.39 on prepared sizes and $2.27 on pea and smaller sizes were prescribed in Central N. J. Coal Exc. v. Central R. Co. of N. J., 167 I.C.C. 723, to certain destinations on the Pennsylvania in northern New Jersey from mines in Pennsylvania on the Central New Jersey and Lehigh Valley, and to Newark, West Newark, and Harrison, N.J., on the Pennsylvania, from mines on the Lackawanna. To Trenton, N.J., rates of $2.39 on prepared sizes and $2.27 on pea size were prescribed from mines on the Reading in the Schuylkill region, from mines on the Pennsylvania in the Lehigh and Schuylkill regions, and from mines on the Central New Jersey and Lehigh Valley; and rates of $2.52 on prepared sizes and $2.39 on pea size were prescribed from mines on the Pennsylvania in the Wyoming region. According to complainants, the average distances to the destinations in northern New Jersey to which the rate of $2.39 was prescribed on prepared sizes are 139 miles from Central New Jersey mines and 148 miles from Lehigh Valley mines, and the average distance to Trenton is 149 miles from all mines from which the rate of $2.39 was prescribed.

In Rates for Transportation of Anthracite Coal, 35 I.C.C. 220, rates of $1.45 on prepared sizes and $1.35 on pea and smaller sizes were prescribed from mines on the Central New Jersey, Erie, and Lehigh Valley in Pennsylvania to Jersey City, N.J., and $1.40 on prepared sizes and $1.30 on pea and smaller sizes from Central New Jersey mines to Elizabeth, N.J. As a result of the general increases and reduction, those rates are now $2.39 on prepared sizes and $2.27 on pea and smaller sizes. They apply to Jersey City and Elizabeth from all mines in the Wyoming, Lehigh, and Schuylkill regions except from mines on the Pennsylvania in the Wyoming region, certain mines on the Delaware & Hudson in the Wyoming region, and mines on the Reading in the Schuylkill region. As computed by complainants the average distances from mines from which the rate of $2.39 is maintained are 174 miles to Jersey City and 170 miles to Elizabeth.

Reasonable anthracite rates from Pennsylvania mines to destinations on Staten Island, properly related to the rates to adjacent territory, were fixed in Richmond County Coal Merchants Assn. v. B. & O. R. Co., 101 I.C.C. 154. To group 1 points on Staten Island $2.39 was prescribed on prepared sizes from Central New Jersey and Lehigh Valley mines. The average distances to group 1 points are stated in the case cited to be 151 miles from Central New Jersey mines and 171 miles from Lehigh Valley mines, but as computed by complainants they are 157 miles from Central New Jersey mines and 150 miles from Lehigh Valley mines.

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