The comparison of rates on logs with rates on other commodities shown in the original report is criticized because a minimum weight on logs of 30,000 pounds was used, whereas the average actual weight materially exceeds 50,000 pounds and also on the ground of differences in value and conditions surrounding the transportation. Except sand, gravel, and common brick, the commodities named are more valuable than logs. Most of them are usually shipped in closed cars, are more or less susceptible to damage, and require a higher degree of care in loading and transportation. Protestants' exhibit seems to afford a better comparison of the earnings per car on logs with the earnings per car on other commodities than the statement embodied in the first report or the revised exhibit filed by respondent, both of which are based on carload minimum weights.

7. COMPARATIVE RATES ON LOGS.

Protestants allege that rate comparisons offered by respondent at the first hearing were misleading because of errors in respondent's exhibits, that rates selected for comparison were, in many instances, mere paper rates upon which no traffic moves, and that rates for similar distances actually applied by other lines serving Chattanooga and to other points are materially lower than respondent's rates. Numerous exhibits were filed showing rates to Chattanooga, Mem-. phis, Nashville, Ohio River crossings, and other points. In the preparation of respondent's exhibits rates applicable to lumber and related articles, including logs, were used where no specific commodity rates on logs were in effect, and where gross and net rates were published the gross rates were selected for comparison. Protestants' exhibits show net rates where net rates were in effect, and as a general rule nothing but specific rates on logs were used. These fundamental differences in the preparation of exhibits resulted in comparisons which on their face were favorable to the contentions of the party offering them.

The following table presents a comparison of the former and present rates, in cents per 100 pounds, of the Alabama Great Southern with rates of other Chattanooga lines and the gross and net rates of the Yazoo & Mississippi Valley and the Illinois Central Railroad to Memphis:

35 L. C. C.

The gross rates of the Yazoo & Mississippi Valley to Memphis were not condemned in May Bros. v. Y. & M. V. R. R., supra. The only lines over which there is a substantial movement of logs to Chattanooga for distances exceeding 100 miles are the Alabama Great Southern, Southern, and Central of Georgia. The average haul from Cincinnati, New Orleans & Texas Pacific points is 17 miles and from Nashville, Chattanooga & St. Louis points 70 miles. The shorter average haul from points on these lines is said to be due in part to relatively higher rates; but it appears that competition of local mills and the location of Chattanooga with reference to the principal lumber markets exert a potent influence. The logs are moved northward toward the ultimate destination of the product instead of to Chattanooga.

Our conclusion upon the whole record is that respondent should not be required to reestablish the rates in effect prior to May 22, 1914, which averaged lower than the net rates to Memphis, Nash

ville, and Ohio River crossings of the lines serving those points, but that the present rates for certain distances should be reduced. Under the present scale a rate of 4 cents applies for distances of 61 to 70 miles, 5 cents 71 to 110 miles, 6 cents 141 to 170 miles, 7 cents 171 to 180 miles, 8 cents 181 to 190 miles, and 83 cents 191 to 275 miles. The abrupt increases from 4 to 5 cents and from 63 to 8 cents are inconsistent with the remainder of the scale, and the record suggests no reason for blanketing the 5-cent and the 8}-cent rates over such long distances. The proposed rates named in the following table would seem to afford a more consistent and equitable adjustment:

We therefore find that the present rates per 100 pounds for distances of 71 to 90 miles, inclusive, and 181 to 250 miles, inclusive, are unreasonable and for the future should not exceed the proposed rates shown in the above table.

Our order in the original proceeding prescribed a carload minimum of 40,000 pounds for distances up to and including 140 miles and 30,000 pounds for distances greater than 140 miles. The record shows that the average weight per car of all logs shipped to Chattanooga over respondent's line during 1913 was 52,509 pounds. Witnesses for protestants testified that the average per car of their shipments ranged from 54,000 to 58,000 pounds. It is our conclusion that a minimum carload weight of 40,000 pounds for the distances herein involved would be reasonable.

An order will be entered in accordance with the findings herein announced.

No. 6902.

VAN DUSEN HARRINGTON COMPANY

v.

CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY ET AL.

Submitted January 19, 1915. Decided July 22, 1915.

Charges assessed for the transportation of corn from various points in Iowa and Nebraska to Minneapolis, Minn., and reshipped thence to various points in California at combination of rates to and from Minneapolis found to have been unlawful to the extent they exceeded charges based on the joint through rate.

awarded.

H. A. Feltus and D. F. Simpson for complainant.

Reparation

J. N. Davis for Chicago, Milwaukee & St. Paul Railway Company. C. Frankenberg for Union Pacific Railroad Company.

REPORT OF THE COMMISSION.

BY THE COMMISSION:

Complainant is a corporation engaged in a general grain business, with its principal offices at Minneapolis, Minn. By complaint, filed May 13, 1914, it attacks as unlawful the charges collected by defendants on numerous carload shipments of corn that originated during December, 1912, and January and February, 1913, at various Iowa and Nebraska points, consigned to Minneapolis and that were reforwarded within six months from Minneapolis via the Chicago, Milwaukee & St. Paul Railway, referred to herein as the Milwaukee, and its connections, to various points in California. Reparation is asked.

Charges were collected on the shipments at the rates from the points of origin to Minneapolis, plus a rate of 55 cents beyond. The shipments from Marcus, Gaza, Primghar, Archer, and Remsen, and one shipment from Hinton, moved to Minneapolis over the Illinois Central Railroad and the Minneapolis & St. Louis Railroad at a rate of 13 cents per 100 pounds to Minneapolis. The shipments from Merrill and the remaining shipments from Hinton moved to Minneapolis over the Great Northern Railway at a rate of 11 cents per 100 pounds. The points of origin just named are all in the state of Iowa. The shipments from Nebraska points moved over the Chicago, Burlington & Quincy Railroad and the Great Northern Railway at rates of 13 cents from Waterbury to Minneapolis, 161 cents from Osmond, 173 cents from Royal. Transcontinental freight bureau westbound tariff No. 1-L, agent R. H. Countiss's I. C. C. 929, in effect when the shipments moved, provided a commodity rate

of 55 cents per 100 pounds on corn in carloads from points in Minnesota, Iowa, and Nebraska, including Minneapolis and the points of origin here involved, to points in California, including the final destinations of the shipments described. No restrictions as to routing were provided in connection with the 55-cent rate east of the western gateways: Ogden, Utah; El Paso, Tex.; Albuquerque and Belen, N. Mex.; Salt Lake City, Utah; Los Angeles and Colton, Cal.; Provo, Utah; Portland, Oreg.; Vancouver, B. C.; and Seattle, Spokane, and Tacoma, Wash. All of the lines named in the complaint were parties to the tariff naming this 55-cent rate. Milwaukee tariff, I. C. C. B-2002, in effect when the shipments moved, provided in item 336 as follows:

Grain may be milled, malted, reforwarded, or shelled in transit as follows: From St. Paul, Minneapolis, Minnesota Transfer, Minn., applying on shipments coming from points beyond, originally consigned to these stations-transit stations-St. Paul, Minneapolis, Minnesota Transfer, Minn., when for points in Montana, Idaho, Washington, Oregon, British Columbia, or California, corn or oats reforwarded, rate basis 196. Rate basis 196 provided that—

Corn or oats may be reforwarded in bulk or sacks within six months from date of shipment, at balance of through rate in effect at time shipment moved from points of origin.

*

NOTE 1.-Duplicate inbound expense bills of initial lines must be attached to reforwarding instructions. It is understood that the identity of the corn not preserved.

Subsequently to the movement of the shipments, item 336 was amended as to shipments from beyond originally consigned to the stations named, by the following note:

Applying on shipments originating at stations in the states of Iowa, Minnesota, South Dakota, and North Dakota on the Chicago, Milwaukee & St. Paul Railway and connecting lines, originally billed to St. Paul, Minneapolis, or Minnesota Transfer, Minn., and from which points of origin there are through rates via the Chicago, Milwaukee & St. Paul Railway to stations in the states of Montana, Idaho, Washington, Oregon, California, or British Columbia.

Complainant contends that the transit provisions applicable at Minneapolis at the time the shipments moved, taken in connection with the fact that all participants in the transportation were parties to the transcontinental tariff, and that the routing between the points of shipment was unrestricted, entitled it to the through rate of 55 cents from points of origin, through Minneapolis, to final destinations. Mason Bros. v. S. P. Co., 28 I. C. C., 402, is cited in support of that contention. Defendants introduced no testimony as to the applicability of the through rate. The Milwaukee representative intimated in a statement made on the record that the shipments could have been sent via a more direct route. This contention loses its force when it is remembered that this business was solicited by