be hereinafter more particularly set forth, in greater charges on like kind of traffic for the shorter than for the longer distance over the same line of connected roads, the shorter being included within the longer distance, in violation of the provisions of the fourth section of said Act to Regulate Commerce. IV. That said defendants do, as aforesaid, charge, and for a considerable period of time have charged, for the transportation of tobacco from Adairville, in southwestern Kentucky, to New York City at a rate of 65 cents per hundred pounds, while they have until recently charged for like and contemporaneous transportation from Springfield, Tennessee, a rate of 53 cents per hundred pounds, and they do now charge and collect for such transportation from Springfield aforesaid a rate of 59 cents per hundred pounds, which said increase from 53 to 59 cents is due, as complainant is informed and believes, and therefore alleges, to complaint made to and investigation made by this complainant at the request of Frank G. Wake & Co., shippers of tobacco from Adairville, wherein it appeared that it was practicable and profitable, under said 53-cent rate, for such shippers to team their tobacco from Adairville to Springfield for shipment there. from to New York City, instead of forwarding the same by the same carrier from Adairville, where such shippers are engaged in business; and your complainant is also informed and believes, and therefore alleges, that under the present rate of 59 cents, it is still practicable and more profitable for the Adairville shipper of tobacco to team the same to Springfield for shipment, than to forward such tobacco from Adairville at the established rate of 65 cents per hundred pounds; that Adairville is situate nearer to the city of New York than Springfield and many other localities in the territory mentioned. V. That in further support of the general allegations contained in paragraph III hereof, the complainant submits and makes a part hereof a map, showing the situation of such aforesaid points in Southwestern Kentucky and Western Tennessee, together with a statement showing rates now in force from many of such points, and how such rates are made up or adjusted by said defendants, and your complainant further alleges that the points or places taking the higher rates mentioned in said statement, that is to say, rates on tobacco to New York City, from points in Kentucky, ranging from 58 cents to 65 cents, are unlawful as alleged in paragraph III hereof. VI. That a main cause of such unlawful rates from the Kentucky points mentioned in the last paragraph is the unjust and illegal practice of the defendants, and particularly the Louisville & Nashville Railroad Company, of making and adjusting rates from such points on a combination of the local rate therefrom to so-called competitive points on the system of the last-mentioned defendant, and the established through rate from such competitive points to destination. That besides being illegal in itself, this practice of defendants results, as applied to points in Kentucky and Tennessee, in arbitary and unwarrantable preference and advantage to towns located in Tennessee, and nearer in point of distance and local rates to Nashville, Tenn., a competitive point, than towns in Kentucky from which total through rates are based on a combination of rates to and from Louisville, or on a combination of rates to and from Nashville. Wherefore, the complainant prays that the defendants may be required to answer the charges herein, and that after due hearing and investigation an order be made commanding the defendants to cease and desist from said violations of the Act to regulate commerce, and for such other and further order as the Commission may deem necessary in the premises. Dated at Washington, D. C., January 26, 1895. The Railroad Commission of Kentucky, by C. C. MCCHORD, UREY WOODSON, Commissioners. |