this Commission having suggested to the railway company the propriety of accepting the proposal contained in the amended petition, and to maintain a commission agent at both Lansing and Tuckerdale, which proposal the railway company has indicated its willingness to comply with. IT IS NOW THEREFORE ORDERED: 1. That the Norfolk and Western Railway Company shall erect and have ready for use before November 20, 1923, a station building commensurate with the demands of the growing community at Lansing, at or near the present site at which trains now stop. 2. That when said station building shall have been erected at Lansing and open for use of public as a commission agency, leave is hereby granted to the said railway company to abandon Tuckerdale as a regular agency station, but the railway company shall permit the present station building at Tuckerdale to remain as a place for storage for shippers receiving and delivering goods for transportation at that point, and all trains shall stop there as at present. 3. That for the convenience of patrons, the railway company shall appoint suitable persons who shall act as commission agents to handle traffic at Tuckerdale and Lansing in the manner applicable to commission agencies as practiced by the railway company. 4. In view of the above disposition of the matters in controversy, the Commission deems it unnecessary to further pass upon the exceptions filed by the Railway company as the order now entered composes all questions in controversy and is made in lieu of the order entered on the 28th day of November, 1922. June 14, 1923. R. O. SELF, IN RE LOCATION OF THE UNION PASSENGER STATION IN THE CITY OF WINSTON-SALEM. MODIFIED ORDER BY THE COMMISSION: On the 7th day of July, 1922, the Commission made an order in the above entitled cause. Since the making of such order the Commission has again reviewed the facts in the case and has deemed it wise to modify it: It is therefore ORDERED, That said order of the 7th day of July, 1922, be modified by striking from it all that portion after the words "It is further ordered," down to the date-line of said order, and inserting in lieu thereof the words "that the petition be dismissed and the Wheeler Street site approved as the site for said union passenger station." It is the intent of this order to eliminate from the said order of July 7, 1922, the requirements for sheds and stoppage of trains thereat, leaving in effect without conditions the authority for the construction of the union passenger station by the Southern Railway Company, the Norfolk and Western Railway Company and the Winston-Salem Southbound Railroad Company on the Wheeler Street site. By order of the Commission: This 20th day of June, 1923. R. O. SELF, IN THE MATTER OF PETITION OF PIEDMONT POWER AND LIGHT COMPANY FOR THE ESTABLISHMENT OF RATES IN THE TOWN OF GIBSONVILLE, N. C. ORDER The above entitled cause coming on to be heard and being heard, and it appearing to the Corporation Commission that the petitioner filed its petition in this cause on the 30th day of January, 1923, and that thereafter the respondent, the town of Gibsonville, filed its answer herein on March 1, 1923, and that the petitioner and respondent both requested that evidence be heard by the Corporation Commission, and that it fix the rates to be charged the respondent by the petitioner for electric current furnished by the petitioner for lighting purposes in the town of Gibsonville: And it further appearing that during the pendency of said action that the petitioner and respondent have agreed upon the rates to be charged for the said service: It is therefore ORDERED, That the schedule of rates for lighting purposes to be charged by the petitioner, Piedmont Power and Light Company, within the corporate limits of the town of Gibsonville, be and the same is hereby fixed as follows, to wit: First 50 k.w.h. at. Next 500 k.w.h, at.. Next 500 k.w.h. at.. All over at....... Minimum charge, $1.20 ..10 cents per k.w.h. 8 cents per k.w.h. There shall be added to bills submitted, based upon the above rates, a penalty of 10 per cent if said bills are not paid on or before the 10th of each month for the services rendered for the preceding month. The above prescribed rates shall become effective as of June 20, 1923, and shall remain in full force and effect until otherwise ordered. This matter coming on to be heard upon the application of the Atlantic Coast Line Railroad Company for permission to condemn a right of way privilege and easement upon and over a certain lot of land in the city of Fayetteville, N. C., as described in the petition on file; and no objections being filed thereto by the defendants, or any one for them, after due notice given, and it appearing to the Commission that it is necessary to condemn such right of way privilege and easement in order that the petitioner may enlarge its terminal and yard facilities in and near Fayetteville, N. C., and for other railroad purposes: It is, therefore, on motion of Rose & Rose, attorneys for the Atlantic Coast Line Railroad Company, ORDERED AND ADJUDGED, That full permission and authority under Section 1708 of the Consolidated Statutes, is granted to the Atlantic Coast Line Railroad Company to condemn the right of way privilege and easement over said lot described in its petition, and to prosecute to a conclusion the petition filed by it in the office of the clerk of the Superior Court of Cumberland County, North Carolina, copy of which was filed with the Commission. By order of the Commission: R. O. SELF, THE LAURINBURG OIL COMPANY v. SEABOARD AIR LINE RAILWAY, WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY, SOUTHERN RAILWAY, ATLANTIC AND YADKIN RAILWAY. ORDER Upon the record submitted the complainant shipped from Laurinburg. N. C., to Lilesville, N. C., two cars of cottonseed meal as follows: Rock Island car No. 43899, bill of lading dated January 24, 1922, A. C. L. car No. 34999, bill of lading dated January 25, 1922, both cars consigned order Laurinburg Oil Company, notify W. M. Long. Shipments were refused by Mr. Long and complainant ordered cars forwarded to parties at Madison and Mount Airy, N. C., respectively. The Seaboard Air Line Railway Company was requested to apply the through rate on these shipments from Laurinburg to Madison and Mount Airy, but refused to do so upon the sole grounds that the cars having been delayed at Lilesville from January 26th and 31st, the respective dates of their arrival, until February 15th, the date on which reshipped, they were not entitled to the reconsigning privilege. The record shows that on the car destined to Madison complainant prepaid the freight, namely, $35 from Laurinburg to Lilesville, plus $70 Lilesville to Madison. On the car destined to Mount Airy complainant prepaid charges from Laurinburg to Lilesville, $52.50; from Lilesville to Mount Airy, $105. The cars were routed in the bill of lading from Lilesville to destination via Winston-Salem Southbound Railway, Southern Railway, Atlantic and Yadkin Railway. The reconsigning rules of the Seaboard Air Line Railway contain no limitation to the time within which reconsignment must take place; therefore, no good reason is apparent why the privilege should not be accorded these shipments: It is therefore ORDERED, That the Seaboard Air Line Railway Company, the Winston-Salem Southbound Railway, the Southern Railway, and Atlantic and Yadkin Railway be and they are hereby directed to apply on Rock Island car No. 43899 and Atlantic Coast Line car No. 34999 a through rate from Laurinburg, N. C., to Madison and Mount Airy, N. C., respectively, of $3.88 per net ton, this being the legal rate on cottonseed meal, carload, on January 24 and 25, 1922, the dates of original movement from Laurinburg. In addition, the Seaboard Air Line is entitled to collect a charge of $6.50 per car for reconsigning. The overcharges to be refunded the Laurinburg Oil. Company, Laurinburg, N. C., are as follows: On Rock Island car No. 43899, $20.90; and on Atlantic Coast Line car No. 34999, $34.50. By order of the Commission : Part I-3 R. O. SELF, RALEIGH GRANITE COMPANY v. ATLANTIC COAST LINE RAILROAD COMPANY, MONTGOMERY LUMBER COMPANY RAILROAD. ORDER The Raleigh Granite Company alleges they own a granite quarry near Rolesville, in Wake County, adapted for uses of building stone, curbing, paving blocks and crushed stone for concrete work; that the only transportation line reaching this stone, which is one of the greatest natural exposures of granite in this section of the country, is the Montgomery Lumber Company Railroad, a standard-gauge line running out from Spring Hope a distance of approximately 23 miles; that the Raleigh Granite Company has built a connecting track from the said Montgomery Lumber Company Railroad at a point known as Barham's Siding to the stone quarry and has installed a crushing plant with a capacity of 10 cars daily; that this was done primarily to get stone for the road building now in progress at Spring Hope, and that when the present contract is completed the crushing equipment, sidetrack, etc., will have to be removed and the quarry abandoned for lack of reasonable rates to points of consumption in North Carolina beyond Spring Hope reached by the Atlantic Coast Line Railroad, and request that such rates be established. The Montgomery Lumber Company Railroad is a limited common carrier under order of the Corporation Commission, dated March 21, 1916, the authority for which order is covered by Section 1039 of the Consolidated Statutes, which authorizes the Commission to grant such privileges to lumber railroads and the said Montgomery Lumber Company Railroad has been handling freight, both carload and less, locally between Spring Hope and points on its line, and charging therefor rates shown in tariff filed with and approved by this Commission. The said Montgomery Lumber Company Railroad is able, willing, and anxious to continue handling this stone movement; in fact, it is questionable whether a long continued operation of this line does not depend upon the future operation of this stone quarry. The Atlantic Coast Line Railroad Company declines to become a party to through rates on crushed stone upon the ground that the Montgomery Lumber Company Railroad is not, in their opinion, a chartered common carrier, and that all traffic interchange with that line is billed locally to and from Spring Hope, and no joint through rates, or traffic arrangements are, or ever have been, in effect although the Atlantic Coast Line Railroad Company's equipment has been used by the Montgomery Lumber Company Railroad. The Corporation Commission is of the opinion, and so finds, that the Montgomery Lumber Company is in fact a common carrier for freight between points in North Carolina in so far as the traffic which it is permitted to handle under orders of the Corporation Commission is concerned : It is therefore ORDERED, That the Montgomery Lumber Company Railroad and the Atlantic Coast Line Railroad Company be and are hereby directed to put in force within ten days from the date of this order rates on crushed stone, carload minimum 90 per cent marked capacity, except when cars are loaded to their visible capacity the actual weight will govern per ton 2,000 pounds from Barham's Siding, on the Montgomery Lumber Company Railroad to all stations on the Atlantic Coast Line Railroad within the State, based upon the following scale of reasonable joint rates: If the Atlantic Coast Line Railroad and Montgomery Lumber Company Railroad are unable to agree to a division of the above joint mileage rates, the Corporation Commission will, upon application, give consideration to adjudicating the matter and issue order accordingly. It is not the intention of this order that it shall affect any change in the traffic relations now existing in the matter of rates and handling of freight between the Montgomery Lumber Railroad on the one hand and the Atlantic Coast Line Railroad Company on the other, except in the matter of rates and handling of crushed stone shipments from Barham's Siding to all points of destination on the Atlantic Coast Line Railroad in North Carolina as provided for above. By order of the Commission: This 7th day of August, 1923. R. O. SELF, RALEIGH GRANITE COMPANY v. ATLANTIC COAST LINE RAILROAD COMPANY AND MONTGOMERY LUMBER COMPANY'S RAILROAD. ORDER OVERRULING EXCEPTIONS This cause coming up on the exceptions of the Atlantic Coast Line Railroad Company to the order of this Commission, dated August 7, 1923, in the above entitled cause: It is now ORDERED, That said exceptions be overruled. By order of the Commission: This 21st day of August, 1923. R. O. SELF, Clerk. |