Riddell was notified Oct. 3, 1899, that immediate action must be taken by company or the Board would order a formal hearing of the matter. Afterwards Commissioner McCully had a conference with Mr. Riddell regarding the matter and the following reductions were effected: EGGS FROM K. C., FT. S. & M. POINTS TO SPRINGFIELD, MO. Young & Co. were notified of adjustment as effected. February 10, 1900: Mt. Grove, Mo., February 9, 1900. Sec. James Harding of R. R. and W. Commission, Jefferson City, Mo.: Dear Sir-Please enclosed find R. R. bill of lading receipted under protest as paid by myself as freight on 2nd hand boiler, engine, etc., from Hoxie, Ark., to this place, about 128 miles, on flat car, and put on and taken off by myself, R. R. Co. claiming the weight at 7,900 pounds, but only weighed by scales here 7,220 pounds, and as you perceive they charged per 100 pounds 64 cents. My contention is first the weight-too much, truly. Rate 64 cents for the distance outrageously too high; so much so as to make robbery, and it secondly classes machinery on flat cars as second class, and company had no expenses on putting on or off car. Deemed it only chance legitimately to put it in your hands for to have it corrected as between R. R.. Co. and citizens. Should there be other information wanted write. Hoping to hear and learn that there is hope of being released from trust and combinations. Yours, R. LAMBETH. Matter was referred to J. D. Riddell, G. F. A., K. C., Ft. S. & M. R. R. March 9: Kansas City, Mo., March 8, 1900. Mr. James Harding, Sec'y, Jefferson City, Mo.: Investigation that I have made up to present time regarding the charges on this shipment show that we have not had, until receipt of your letter, an opportunity to make investigation; as I am informed by our agent at Mt. Grove that when Mr. Lambeth complained of the charges he advised him that he could not make any reduction, but made request for the scale tickets and paid expense bill so he could send them to this office for instructions. We will not be in position to make any change in our charges unless furnished with the scale tickets and paid expense bill, and if you will kindly send same to me I will make further investigation and advise you fully result of same. Yours truly, J. D. RIDDELL, G. F. A. Expense bill and scale tickets sent March 9, 1900: March 18: Kansas City, Mo., March 17, 1900. Hon. James Harding, Secretary, Jefferson City, Mo.: Dear Sir-This will acknowledge receipt of your favor 9th, enclosing papers regarding overcharge on car of saw-mill machinery shipped from Hoxie to Mt. Grove, Mo., by Mr. R. Lambeth. I wish to state that we will protect the wagon scale weight of 7,220 pounds and will have the overcharge refunded to Mr. Lambeth through our agent at Mt. Grove. Yours truly, J. D. RIDDELL, G. F. A. Mr. Lamberth was notified of action taken by Mr. Riddell. Nothing more was heard regarding the matter. Dear Sirs-T. D. Lyons and myself bought in Kansas City two double-deck cars of sheep on August 17 and C. & A. R. R. made a charge $2.50 terminal. I hold a contract for rate 14 3-4 cents per 100 pounds. What law gives R. R. the right to make any such charge. I have threatened company with your authority and they say you are nothing more than wooden men to draw pay. Sheep was shipped from Kansas. City to Guthrie, Mo. If you can do anything let me hear from you. W. D. Lyons, Esq., Guthrie, Mo.: W. D. LYNES. Kansas City, August 25, '99. Dear Sir-In answer to yours of the 22nd inst. will say that we went to the agent of the C. & A. R. R. today as requested in your letter and he claims that they charge this in all cases on their road for stock sheep going from this market to Missouri. The agent asked us to have you go to your agent at home and have him. show you the rules of the company which he has and have him turn to paragraph 2168 and you will see there what he has told us. However, this may be the rules of the C. & A. R. R.. but we are told by other roads running in here that no other road has this terminal charge; therefore, if you feel disposed to put in claim and have the time to fight it no doubt you can recover your money. There has not been many western sheep or lambs in here since you were here. The fellows that were here when you were here before will be in again from the 1st to the 10th of Septem-ber with another drove of the same kind that you bought and we would be very glad to have you come in about that time if you are in need of some more sheep. and take a look at these as they are said to be fully as good if not better than the other ones. Per M. F. BLANCHARD. Yours very truly, BLANCHARD & EHRKE. Since I wrote yesterday I received above letter. Will you as agents of State enforce law or will you leave it to me single handed to enforce law. W. D. LYNES. Answered with reply as follows: Mr. W. D. Lynes, Guthrie, Mo.: City of Jefferson, August 29, 1899. Dear Sir-Yours of the 26th inst. regarding rate charged you on sheep, Kansas City to Guthrie, has been received. Please send to this office your expense bills applying on the shipment so that the Commissioners may be able to fully understand the matter. Very respectfully, JAMES HARDING, Secretary. Dear Sirs-Please find enclosed receipt for freight. What I want you to do is to knock the terminal charge the C. & A. R. R. Co., make, which is illegal. They have right to charge 14 3-4 .cents and that is all the charge they can make according to law. Please return receipt when you are done with it. W. D. LYNES. Matter was referred to F. A. Wann, G. F. A., C. & A. R. R. September 15--The following was received: Guthrie, September 14. Dear Sirs-In regard to terminal charges on stock from Kansas City, C. & A. R. R. says they will pay it back. So you need not do anything in the matter. November 18, 1899: W. D. LYNES. Sec'y Railroad Commission, Jefferson City, Mo.: Stewartsville, Mo., Nov. 17, 1899. Dear Sir-Will you kindly send me your tariff rates report or other information that I may know the rates for the Hannibal & Saint Joseph railroad? This road is making a rate of 8 cents to St. Joseph from here and a rate of 8 1-2 to Kansas City on live stock, which to me seems inconsistent. Please send me any information you may have in regard to the matter and oblige. I am Yours very truly, This information is desired by a client. J. H. WILLIAMS, Att'y at Law. Answered enclosing tabulation of statute rates, distance Stewartsville to St. Joseph being 22 miles, showing car load rate to be $10 per car load of 20,000 pounds minimum. November 26, 1899: Stewartsville, Mo., Nov. 25, 1899. James Harding, Sec'y Board of R. R. Coms., Jefferson City, Mo.: Dear Sir-Your kind favor of 20th inst at hand. I feel like I am imposing on your kindness, but I shall be glad if you can give me any information about the following: Have the Commissioners ever fixed a rate for stock for the Hannibal & Saint Joseph railroad, especially between Stewartsville and St. Joseph, or St. Joseph stock yards? Has that company ever filed a schedule of rates with the Commissioners? Have you any data at hand by which you can give me the exact distance from Stewartsville to the St. Joseph stock yards? I desire to know especially the exact distance from Stewartsville to the St. Joe stock yards. I have no data at hand by which I can ascertain that fact. I am very sorry to cause you so much trouble and shall be very much obliged if you will kindly favor me with all the information you can give me in regard to the matter. 1 am Yours very truly, J. H. WILLIAMS, Att'y at Law. Answered, stating that distance from Stewartsville to St. Joseph is scheduled as 20 miles, and there is nothing in this office showing distance from Stewartsville to St. Joseph stock yards. The points named are less than 25 miles from Stewartsville, and the same rate legally applies to both. H. & St. J. tariff filed shows rate of 7 cents per 100 pounds on cattle and calves from Stewartsville to St. Joseph, Scents per 100 pounds on hogs and 10 cents per 100 pounds on sheep. These rates are higher than the rates prescribed by statute, but the H. & St. J. R. R. Co. claims exemption from the operation of the Missouri law regulating freight and passenger rates, on account of charter privilege. This claim has always been contested by the Commissioners, but was sustained by Judge Broaddus in a case brought before him, in which it was attempted to enforce the statute rates. The matter has never been passed upon by the supreme court. The H. & S. J. Co. voluntarily accepted the statute passenger rates, and as a general rule has made freight rates lower than statute rates on all through business, and also from all competitive points, but in some instances, as in the case you present, made rates between local points higer than statute. January 16, 1900: To the R. R. Commissioners at Jefferson City, Mo: Lebanon, Mo., Jan. 15, 1900. I loaded a load of mules at Lebanon, Mo., for Vicksburg, Miss., and the agent refused to bill them further than Springfield, Mo. They went to Springfield and were held there in open pens in bad weather for three days and charged $7 for feed. What can I do about this? J. WEST. Answered that the St. Louis & San Francisco R. R. Co. has no joint tariff with the K. C., Ft. S. & M. R. R. Co. on live stock from local points and consequently the agent at Lebanon could not bill shipment beyond Springfield. May 12, 1900: West Plains, Mo., May 11, 1900. Board of Railroad Commissioners, Jefferson City, Mo.: Gentlemen-We write you concerning stock rate in force on the Kansas City, Fort Scott & Memphis R. R. from West Plains to Kansas City, and will say that the present rate for cattle per 30-foot car is 19 1-2 cents per cwt., minimum being 19,000 pounds, making $37.05, and for sheep being 19,000 pounds at 32 cents per cwt., making $60.80 per car, making $23.75 more for a car of sheep than for cattle We desire to know under the law whether or not a R. R. Co can make and maintain a rate of this kind. That is, charge more for sheep than is charged for cattle, or does the law compel them to carry cattle and sheep at same rate? Heretofore the charges have been the same, i. e., $40 per car to Kansas City. Now they inaugurate the charge per cwt. and makes to shippers the difference beforementioned of $23.75 per car. Let us hear from you on this matter. Very truly, DAVIDSON BROS. Answered as follows: "The statute maximum rate applying on sheep for the distance between the points named is 30 cents per 100pounds on a minimum car load of 20,000 pounds. This weight is established by statute for a double deck car, and the law provides that a railroad company shall have the privilege of furnishing two cars. (single deck) in the place of a double deck car, but that one car load rate only can be charged for the two single deck cars. The load of 19,000 pounds could not be charged a higher aggregate than would apply to 20,000 pounds and it is doubtful whether the charge should exceed 30 cents per 100 pounds for the reason that the company established the weight of a car load at 19,000 pounds, which, at 30cents per 100 pounds would aggregate $57. The statute rate applies to cattle as well as sheep. The K. C., Ft. S. & M. tariff (No. IC 130) makes a material difference in rates on live stock 'released' and 'not released,' and either rate is less than statute rate. On cattle, sheep and calves in calves in car loads 'not released,' the rate from West Plains to Kansas City is 29 cents per 100 pounds, whilst on same 'released' the rate is 19 1-2 cents per 100 pounds. This rate applies on sheep in double deck cars. If a shipment of sheep amounts to a car load (20,000 pounds), the company must furnish a double deck car and charge according to their own schedule, 19 1-2 cents per 100 pounds, for the haul, West Plains to Kansas City. The charge could be no more were the shipment made in two single deck cars, the company failing to provide double deck car. The charge of 32 cents per 100 pounds as per tariff is on 10,000 pounds in single deck car, and if this constituted the entire shipment a charge greater than for a minimum car load would be illegal. Thelaw makes no rates on less than car loads and the car load of sheepas prescribed by statute is 20,000 pounds. Perhaps the charge of 32 cents has been made on a single shipment of less than a car load' in a single deck car. If a full car load was shipped the charge of 32 cents per 100 pounds was illegal, and no more than published tariff rate could be collected. May 20, 1900. Kansas City, Mo., May 18, 1900. Board of Warehouse and Railroad Commissioners: Dear Sirs-I shipped a double deck of sheep from Jameson to K. C. May 13 via Wabash and they charged me $35 for same. I made application for a 30-foot doubledeck shipped by Wynn & Netherton. No. of car, 42127. Two hundred sheep, cattle. rate, 11 cents. Minimum rate on 30-foot car, 11 cents per hundred of 19,000. My address, Jameson, Mo. Respectfully, H. WYNN. Answered, stating the statute maximum rate on car load of sheep hauled 160 miles, the distance between the points named in letter, |