Rates are asked from Cape Girardeau 2 cents per 100 pounds lower than the rates contemporaneously maintained from St. Louis but not higher than the rates from Richard City.

The rates shown in the above table from St. Louis to the interior points named earn an average of 7.78 mills for an average haul of 495 miles. The rates from St. Louis to the Arkansas points shown in the table given above in No. 7109 and to the Louisiana points named as far south as Alexandria earn an average of 7.83 mills for an average haul of 490 miles. Cape Girardeau has substantially the same advantage in distance over St. Louis to Mississippi points as it has to Arkansas and western Louisiana points. St. Louis has differentials under Hannibal to the points described on both sides of the Mississippi River 4 cents per 100 pounds to the points named west of the river, 2 cents generally to points in Mississippi. Traffic can move from St. Louis and Cape Girardeau to Mississippi points directly through Memphis over the Frisco to Memphis. The Frisco voluntarily has accorded Cape Girardeau a differential of 2 cents per 100

pounds under St. Louis to Memphis. The average short-line distances to the typical interior Mississippi points named from Cape Girardeau and Richard City are 370 miles from Cape Girardeau, 408 miles from Richard City. The present rates from Richard City to these points average 17.27 cents; the rates from Cape Girardeau, including some rates based on Memphis, 2 cents lower than the corresponding rates from St. Louis, 18.77 cents. Rates from Cape Girardeau 2 cents under the present rates from St. Louis to all of the points named would average 17.27 cents.

We find that rates from Cape Girardeau to points in Mississippi, except Mississippi River points, as high as the rates to the same points from St. Louis unjustly discriminate against Cape Girardeau in favor of St. Louis. Just rates for the future should not exceed

rates 2 cents per 100 pounds lower than the rates contemporaneously maintained from St. Louis to the same points. Rates from Cape Girardeau to points in Louisiana east of the Mississippi and to Mississippi River points in Mississippi may equal the rates to the same points from St. Louis.

Appropriate orders will be entered.

35 I. C. C.

THE OGDEN GATEWAY CASE.

INVESTIGATION AND SUSPENSION DOCKET No. 519.

INCREASED PASSENGER FARES VIA THE DENVER & RIO GRANDE RAILROAD THROUGH THE OGDEN AND SALT LAKE CITY GATEWAYS.

Submitted February 12, 1915. Decided July 2, 1915.

1. The Commission has no power to prevent the cancellation of through routes and joint rates voluntarily established by the carriers when the circumstances and conditions are such as would not warrant an order by the Commission to compel such arrangements if not already in effect.

2. The proposed cancellation by the Union Pacific of through routes and joint fares in connection with the Denver & Rio Grande through the Ogden gateway as described in the report found to be justified. Suggestions made, however, as to the continuance of through accommodations for the benefit of travelers desiring to pass over that route at the lawful fares available.

H. A. Scandrett, N. H. Loomis, and P. L. Williams for Union Pacific system.

E. N. Clark and J. G. McMurry for Denver & Rio Grande Railroad Company.

G. A. H. Fraser for Colorado Midland Railway Company and G. W. Vallery, its receiver.

H. G. Herbel and F. G. Wright for Missouri Pacific Railway Company.

W. F. Jensen, W. J. Halloran, and W. S. McCarthy for Salt Lake City Commercial Club.

J. A. Blomquist for Public Utilities Commission of State of Idaho. D. M. Kelly, J. H. Alvord, and E. A. Morley for Railroad and Public Service Commission of Montana and Chamber of Commerce of Butte, Mont.

C. W. Darrow, C. C. Canady, Benjamin Griffith, G. W. Bruce, C. J. Moynihan, and J. F. Kyle for various business, commercial, and fruit produce associations.

A. W. Henderson and W. H. Spurgeon for Chamber of Commerce of Colorado Springs.

G. W. Knight and A. S. Donaldson for Colorado Wholesale Fruit and Produce Dealers' Association.

J. W. Kelley, G. S. Elstun, A. F. Wey, E. E. Nichols, W. W. Lucas, B. D. Keith, and A. W. Henderson for Rocky Mountain Hotel Men's Association.

D. N. Cooper and D. W. Ross for Canon City Business Men's Association.

C. H. Howe for Denver Chamber of Commerce and Colorado State Chamber of Commerce.

L. Antles for Grand Junction Chamber of Commerce.

D. A. Gray for Pueblo Commercial Club.

A. L. Swim for Twin Falls Commercial Club.

William McCallum and G. D. Williams for Leadville Commercial Club.

A. P. Anderson for Colorado Public Service Commission.

R. B. Scott and L. W. Wakeley for Chicago, Burlington & Quincy Railroad Company.

W. F. Dickinson and J. A. Stewart for Chicago, Rock Island & Pacific Railway Company.

G. D. Williams and Wallace Schoolfield for Commercial Club of Salida, Colo.

REPORT OF THE COMMISSION.

HARLAN, Commissioner:

By the tariffs under suspension in this proceeding the Union Pacific system has proposed to cancel the joint through passenger fares now in effect in connection with the Denver & Rio Grande between points in the territory of the Oregon Short Line and points east of and including Colorado common-point territory. The purpose of that course is to give to the Union Pacific Railroad and the Oregon Short Line Railroad, two of the lines forming a part of the Union Pacific system, a longer haul than they now enjoy on passenger traffic to and from the local territory served by the Oregon Short Line. The territory served by the Oregon-Washington Railroad & Navigation Company, another link in the Union Pacific system extending westward from its junction with the Oregon Short Line, is not affected by the proposed tariffs and no restrictions are proposed with respect to the interchange with the Denver & Rio Grande of passengers traveling to and from points within that territory. The benefit flowing from the cancellation of the fares in question would accrue to the Union Pacific Railroad only, the Oregon Short Line being benefited only to the extent that the earnings of the system, as a whole, may be increased if the tariffs under suspension are allowed to become effective.

The publication of the tariffs referred to resulted in widespread protests on the part of communities located upon the rails of the Denver & Rio Grande and Colorado Midland railroads in the states of Colorado and Utah, and also called forth vigorous protests from the railroad commissions of Idaho and Montana. The controversy is therefore of importance not only to the traveler, who heretoforo

has been accorded a free and unrestricted choice of routes in going to or from the points reached by the Oregon Short Line, but is important to the Denver & Rio Grande, the principal protesting carrier, and to some extent to the communities served by it. The accompanying plat explains the situation and shows the geographic relation of the two carriers to the territories involved:

The record deals with certain fares that are not included in the tariffs under suspension. The hearing took that turn because of the known purpose of the Union Pacific system no longer to remain a party to any through fares to or from the Oregon Short Line's territory by way of the Ogden and Salt Lake City gateways in connection with the Denver & Rio Grande, and because of its announced intention soon to file tariffs canceling practically all such fares. Much testimony was therefore presented of record, especially with reference to Yellowstone Park travel, as if the tariffs canceling those and other joint fares had already been filed. By common consent, therefore, both the hearing and the argument were directed to this larger issue, and the matter will be considered from that standpoint in this report. The record as made relates both to one-way and round-trip fares.

The Union Pacific system extends from Omaha and Kansas City on the east through Granger and Ogden to Portland and Seattle on the west, and consists of the Union Pacific Railroad, the Oregon Short Line, and the lines of the Oregon-Washington Railroad & Navigation