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Joint rates are asked from Cape Girardeau relatively the same as the rates from Hannibal, Mitchell, Buffington, and St. Louis.
All of the rates involved except the rates from Cape Girardeau depend upon three basic rates: The 7.5-cent rate shown in the table above from Mitchell to Cairo, the 6.5-cent rate shown from St. Louis and East St. Louis to Cairo, and a rate of 6.5 cents maintained from Mitchell to East St. Louis and St. Louis recently increased 5 per cent to 6.8 cents to St. Louis. As the carriers operating in southern Illinois generally observe the long-and-short-haul rule, these rates are observed as maxima to intermediate points. The 7.5-cent rate from Mitchell to Cairo applies to intermediate points as far back on the Big Four as Eldorado. To points farther back, Carmi and Mount Carmel, a rate of 6 cents applies. The 6.5-cent rate from Mitchell to East St. Louis applies to intermediate points on the Baltimore & Ohio Southwestern as far east as Sandoval; a rate of 6 cents to points intermediate to Sandoval as far east as Lawrenceville, Ill., including Flora. A 6-cent rate also applies from Mitchell to all points south of Flora on the Baltimore & Ohio Southwestern's line from Springfield, Ill., through Flora, Fairfield, and Morris City, to Shawneetown, on the Ohio River southeast of Eldorado. The 6.5cent rate from St. Louis and East St. Louis applies to intermediate points as far north as Poe, 31 miles south of East St. Louis. It can not be applied from East St. Louis to points intermediate to Poe because the Illinois commission limits the extent of blanket adjustments. The Southern Railway meets the Baltimore & Ohio Southwestern's one-line rates of 6.8 cents from Mitchell to St. Louis and 6.5 cents to East St. Louis over its line from French Lick, Ind., through Mount Carmel, Fairfield, Mount Vernon, and Centralia to St. Louis, in connection with the Chicago, Indianapolis & Louisville Railway from Mitchell to French Lick and the Baltimore & Ohio Southwestern's 6-cent rate to Fairfield. The 6.5-cent rate to East St. Louis is applied to all points between Fairfield and East St. Louis. The Illinois Southern in connection with the Baltimore & Ohio Southwestern carries the 7.5-cent rate applicable from Mitchell to Cairo to Sparta. The Burlington has a one-line haul from Hannibal north through Quincy and Bushnell, II., thence south through Shattuc, Centralia, Christopher, Herrin, West Vienna, and Belknap to Metropolis, Ill., opposite Paducah, Ky. The rates maintained are graded 6 cents to Shattuc and Centralia, 7.5 cents to Waltonville, 8 cents Christopher and Herrin, and to points beyond Herrin, including Metropolis. Joint rates of 7 cents, 8 cents, 8.5 cents, or 9 cents apply from Hannibal to numerous points involved not served directly by the Burlington. The Illinois Central has a one-line haul from La Salle. The ratos from La Salle are 6 cents to Sandoval
and Centralia; 6.5 cents to East St. Louis and St. Louis; 7.5 cents to Tamaroa; 8 cents to Pinckneyville, Murphysboro, Duquoin, Christopher, Carbondale, Herrin, Benton, Marion, Eldorado, Ozark, Metropolis, and Cairo. The rates maintained from St. Louis grade 5.5 cents to Centralia, Tamaroa, Duquoin, Coulterville, and Pinckneyville; 6.5 cents to Murphysboro, De Soto, Carbondale, Herrin, Marion, Ozark, Metropolis; 6 cents to Christopher, Benton, and Eldorado. The points named and the locations of the lines serving them may be traced on the diagram mentioned under Sub-No. 1.
The 7.5-cent rate from Mitchell to Cairo is said to have been established to meet water competition from Kosmosdale to Cairo. The water rate from Kosmosdale is not stated. The all-rail rate is 8 cents. The 6.5-cent rate from St. Louis to Cairo also is attributed to water competition, although it earns 8.5 mills. The 6.8-cent rate from Mitchell to St. Louis, formerly 6.5 cents, is due to the Baltimore & Ohio Southwestern's desire to put producers at Mitchell in the St. Louis market in competition with local mills and other mills serving St. Louis. The normal basis for cement in central freight association territory is 73} per cent of sixth class. The sixth-class rate from Mitchell to East St. Louis and St. Louis is 10.5 cents and 73} per cent of 10.5 cents is 7.7 cents, 1.2 cents higher than the rate from Mitchell to St. Louis when established at 6.5 cents, 9 mills higher than the present rate.
Defendants argue that the basic rates described are low and render the other rates described based on them correspondingly low. Even if true this affords no justification for relatively higher rates from Cape Girardeau than from Mitchell and La Salle, or than from St. Louis and Hannibal to many of the points involved. The rates maintained from Mitchell and La Salle are not affected directly by water competition, but only indirectly by water competition from other points. The real influence therefore is commercial competition. Commercial competition is also the controlling influence upon a number of the rates involved from Hannibal and St. Louis. The slighter effect of water competition from Cape Girardeau than from St. Louis and Hannibal, previously discussed, therefore is entirely immaterial to the rates from Cape Girardeau to most, if not all, points in Southern Illinois, and other differences in conditions must exist to justify the rates from Cape Girardeau.
Defendants urge the complexity of the route from Cape Girardeau and a difference in conditions fairly illustrated by the situation at Wayne City. Wayne City is on the Southern Railway between Browns, II., and Centralia, where it connects with separate Illinois Central lines from La Salle. The Illinois Central's rates from La Salle are 6 cents to Centralia, 7.5 cents to Browns. To handle traffic from La Salle to Centralia the Southern must receive it at East St. Louis or Browns, while traffic to Browns must be received either at East St. Louis or Centralia. The Southern states that it accordingly participates in joint rates to both points equal to the Illinois Central's one-line rates, and to observe the long-and-short-haul rule applies the 7.5-cent rate to Browns, to Wayne City, and other points intermediate to Browns from La Salle through East St. Louis or Centralia. The Frisco and the Chicago & Eastern Illinois maintain a 5-cent joint rate from Cape Girardeau to Mount Vernon, a point on the Southern between Wayne City and Centralia, but have not another route to some point on the Southern east of Wayne City, so that no long-andshort-haul problem is involved to Wayne City from Cape Girardeau.
The conditions described are different from La Salle than from Cape Girardeau, but not differentiating. The rates from La Salle to Wayne City and Browns are maintained in accordance with the long-and-short-haul rule voluntarily and without trial of the Southern's right to apply a lower rate to Wayne City than to Browns. The conditions from Hannibal to Wayne City, moreover, are almost identical with the conditions from Cape Girardeau. The Burlington connects with the Southern at East St. Louis and Centralia, west of Wayne City, but not at another point east of Wayne City. A joint rate of 8.5 cents is maintained from Hannibal to Wayne City, 213 miles by the short line; a combination rate of 9.2 cents from Cape Girardeau, 147 miles. Traffic from Hannibal through East St. Louis crosses the bridge rented by the Burlington between West Alton and Alton. Other points could be cited besides Wayne City. The Mobile & Ohio asserts that it maintains only combination rates to local points on its line from St. Louis to Cairo from the other producing points involved, as well as from Cape Girardeau. The tariffs show joint rates from Hannibal to local points south of Poe, except Cairo, one-half cent lower than combination rates based on St. Louis, 2 cents lower than combination rates based on East St. Louis, and joint rates from La Salle to the same points 24 cents less than combination rates based on East St. Louis. Combination rates are maintained to local points from Mitchell
The combination rates involved from Cape Girardeau shut complainant out of most points in southern Illinois. Joint rates are maintained from Gulf Junction, 2 miles south of Cape Girardeau on the Frisco, the site of complainants' mill, to points on the Iron Mountain's line from Thebes to Herrin, 7 cents to Murphysboro, 7} cents to points beyond, including Herrin. The Mobile & Ohio participates in the rate named to Murphysboro. During the year 1913 complainant marketed 84 carloads of cement at these points, only 6 carloads at points taking combination rates from Cape Girardeau or Gulf Junction.
The hauls from Cape Girardeau are three-line hauls, including service over the Thebes bridge, while only one and two line hauls are involved from Hannibal, La Salle, Mitchell, and St. Louis. We have already shown, however, that service from Cape Girardeau to Thebes is substantially the same as the service from the mills at St. Louis to East St. Louis. The 5-cent joint rate maintained by the Frisco and Chicago & Eastern Illinois from Cape Girardeau to Illinois junctions as far north as Mount Vernon, 130 miles, fortifies the conclusion. These two carriers, moreover, are willing to maintain joint rates with the delivering carriers in southern Illinois upon any reasonable basis acceptable to the delivering lines. The 7-cent joint rate from Gulf Junction to Murphysboro yields 1.81 cents per tonmile for a distance of 77 miles, the 7.5 cent rate from Gulf Junction to Herrin, 98 miles, 1.53 cents per ton-mile, as compared with 6.28 mills for an average haul of 88 miles in the territory involved in the Five Per Cent case, supra. The 5-cent rate applicable from Cape Girardeau to Mount Vernon, 130 miles, yields 7.6 mills per ton-mile, 3.5 cents as applied to Thebes, 28 miles.
The combination rates assailed are clearly unjustly discriminatory and unreasonable. Cape Girardeau is entitled to through routes and joint rates to all of the points involved in southern Illinois. The Frisco, the Chicago & Eastern Illinois, and defendant connecting carriers in southern Illinois, accordingly, will be required to establish joint rates from Cape Girardeau to points in Illinois on and south of the line of the Baltimore & Ohio Southwestern Railroad through Lawrenceville to East St. Louis, not in excess of 78 per cent of the present combination rates, the relation of the present joint rate from Gulf Junction to Murphysboro, to the present combination rate from Cape Girardeau to Murphysboro and of the present joint rate from St. Louis to Herrin to the present combination rate from Cape Girardeau to Herrin. The Illinois Southern may maintain joint rates from Cape Girardeau to the points involved on its line by way of Ste. Genevieve, Mo.
SUB-NO. 3. MISSISSIPPI AND LOUISIANA EAST OF THE
RIVER. Complainant compares the rates from Cape Girardeau to this territory principally with the rates from St. Louis and Richard City. The rates from St. Louis are joint rates generally 5 cents per 100 pounds over the rates from Cairo, or the locals to some other river point south of Cairo, over the local rates beyond the river points. The rates from Cape Girardeau are combination rates based on Cairo,
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Memphis, New Orleans, or some other river points, whichever combination makes lowest, or joint rates the same as the joint rates from St. Louis to the same points. The same rates apply to the river points involved from St. Louis and Cape Girardeau, except for the Frisco's 7-cent rate from Cape Girardeau to Memphis through Bridge Junction, Ark., 2 cents lower than the rate from St. Louis to Memphis. Combination rates from Cape Girardeau based on Memphis over the route through Bridge Junction are a maximum of 2 cents lower than the rates from St. Louis to the same destinations. All other combination rates from Cape Girardeau, like the joint rates maintained, are the same as the rates to the same points from St. Louis. The joint rates from St. Louis and Cape Girardeau to New Orleans is 12.5 cents. A rate of 10.5 cents applies from Gulf Junction to New Orleans, although defendant Illinois Central contests its propriety. Hannibal has rates to Memphis and river points south of Memphis 2 cents higher than the corresponding rates from St. Louis. St. Louis has the same advantage over Hannibal generally to interior points also. The rates from Richard City are adjusted to meet commercial competition by rail from Kosmosdale, Birmingham, Ragland, Leeds, and by water from the east through New Orleans. The following table shows typical rates with short-line distances and the manner in which the rates are constructed, rates stated in cents per 100 pounds.
N. 0, G, N..
N. O., M. &C.
i River points.