Car Surpluses and Shortages.

Arthur Hale, chairman of the committee on relations between railways of the American Railway Association in presenting statistical bulletin No. 123, giving a summary of car surpluses and shortages by groups from March 1, 1911, to July 4, 1912, says:

"Total surplus on July 4, 1912, was 70,731 cars; on June 20, 1912, was 73,464 cars, and on July 5, 1911, was 165,508 cars. Compared with the preceding period there is a further decrease in the total surplus of 2,733 cars. The decrease in surplus coal cars is general throughout the country except in groups 1 (New England lines), 6 (Iowa, Illinois, Wisconsin, Minnesota and the Dakotas), 9 (Texas, Louisiana and New Mexico), and 10 (Oregon, Idaho, California, Arizona and Washington). The net decrease in this class of equipment is 6,077 cars. There is a net increase in box car surplus of 3,056 cars. This is most apparent in groups 4 (the Virginias and Carolinas) and 6 (as above). There is a slight decrease in surplus flat cars and an increase in surplus miscellaneous cars, general throughout the country.

"Total shortage on July 4, 1912, was 6,707 cars; on June 20, 1912, was 5,746 cars, and on July 5, 1911, was 1,887 cars. Compared with the preceding period there is a further increase in the total shortage of 961 cars, of which 292 is in box, 301 in flat, 586 in coal. The increase in box cars is most apparent in groups 1

(as above), 7 (Montana, Wyoming and Nebraska), 9 (as above) and 11 (Canadian lines). The increase in coal car shortage is general throughout the country, except in groups 3 (Ohio, Indiana, Michigan and western Pennsylvania) 9 and 10 (as above). The increase in flat car shortage is most apparent in groups 3, 4 and 6 (as above). There is a slight decrease in miscellaneous cars general throughout the country. Compared with the same date of 1911 there is a decrease in the total surplus of 94,777 cars, of which 23,213 is in box, 3,079 in flat, 57,121 in coal and 11,364 in miscellaneous cars. There is an increase in the total shortage of 4,820 cars, of which 2,582 cars is in box, 1,553 in flat, 969 in coal and a decrease of 284 miscellaneous cars."

The accompanying table gives car surplus and shortage figures by groups for the last period covered in the report, and the diagram shows total bi-weekly surpluses and shortages from 1907 to 1912.

INTERSTATE COMMERCE COMMISSION.

The commission has suspended until October 29 certain new regulations affecting the transportation of baggage, contained in tariffs filed by the Baltimore, Chesapeake & Atlantic, and other roads similar to those filed by carriers throughout the United States to become effective July 1, which are under suspension.

The commission has suspended until November 12, certain tariffs, which advance the rates for the transportation of horses and mules between Chicago, St. Louis, Mo.. and other points and stations in South Dakota, Nebraska, Kansas, Oklahoma, Colorado and Wyoming. The proposed advances range in amount from $1 to $16.50 per car.

Examiner George P. Boyle held a three-day hearing at Chicago last week on a complaint of the Chicago Board of Trade against the rate of 10 cents per 100 lbs. on wheat from Minneapolis, Minn., to Chicago, alleging discrimination in favor of the

Shortage

1910

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July 20

Minneapolis millers who have a 71⁄2-cent proportional with milling-in-transit privilege at Minneapolis.

Examiner Burchmore held a hearing at Denver, Col., on July 12 on a complaint filed by the Denver Chamber of Commerce asking a reduction in class and commodity rates from territory east of the Mississippi river to Denver and Salt Lake City, Utah.

Rates on Cotton Seed Reduced.

East Saint Louis Cotton Oil Company v. St. Louis & San Francisco et al. Opinion by Commissioner Clements:

The commission found that the practice of the defendants of charging higher rates on cotton seed than on cotton seed oil from various stations in Arkansas, Oklahoma, Tennessee and Mississippi to East St. Louis, Ill., was in violation of the law, and ordered that in future rates on cotton seed should not exceed the rates on cotton seed oil. (24 I. C. C., 588.)

Reparation Awarded.

Bancroft-Whitney Co. v. Cincinnati, New Orleans & Texas Pacific et al. Opinion by the commission:

The commission found that the first class rate of $3 per 100 lbs. on shipments of electrotype plates from Cincinnati, Ohio, to San Francisco, Cal., was unreasonable, to the extent that it exceeded the second class rate of $2.60 per 100 lbs. (24 I. C. C., 557.)

F. B. Alexander v. Southern Pacific et al. Opinion by the commission:

The complainant shipped a crated automobile from El Paso, The defendant decided that the Tex., to Los Angeles, Cal. crate did not comply with the requirements of the tariff and charged the rate applicable to uncrated automobiles. The commission found that the definition of crates in the tariff was ambiguous, and that the rate on crated automobiles should have been applied. (24 I. C. C., 306.)

National Refining Co. v. Missouri Pacific. Opinion by the commission:

The commission found that the present rate of 33.1 cents per 100 lbs. for the transportation of petroleum and its products in carloads from Coffeyville, Kan., to Hastings, Neb., was not unreasonable, but that the rate of 18.4 cents per 100 lbs. for the transportation of petroleum and its products in carloads from Coffeyville to Sedalia, Mo., was unreasonable to the extent that it exceeds 17 cents. (24 I. C. C., 315.)

Herman Loeb v. Texas & Pacific. Opion by the commission:

The complainant was charged a rate of 72 cents per 100 lbs. on a shipment of cotton-compress machinery in carloads from New Orleans, La., to Marshall, Tex. He contends that this rate is unreasonable, in that it exceeds the aggregate of intermediate rates from New Orleans to Shreveport and thence to destinatian. This aggregate of intermediate rates was 58 cents per 100 lbs. The commission found that the rate of 72 cents per 100 lbs. was unreasonable, to the extent that it exceeded 40 cents. (24 I. C. C., 304.)

St. Louis Blast Furnace Co. v. Virginian Railway et al. Opinion by Commissioner Meyer:

The commission found that the rates charged the complainant on shipments of coke from Page, W. Va., Ansted and Glassport, Pa., to Carondelet, Mo., were neither unreasonable nor unduly discriminatory, nor did they subject the complainant to undue prejudice or disadvantage; but the rates charged on shipments of coke from Page to Carondelet, which moved via New Albany, Ind., were greater than the rates specified in the tariffs in effect at that time, because, in the absence of a joint rate between those points, the rates applied exceeded the combination of intermediate rates which existed at the same time and which should have been applied to the shipments in question. (24 I. C. C., 361.)

Jackson & Perkins Co. v. Southern Pacific et al. Opinion by the commission:

The complainant was charged at the rate of $70 per car for refrigeration on shipments of nursery stock from points in California to Newark, N. J. Prior to 1910 the refrigeration charges for such shipments did not exceed $22 per car. Com

plainant showed that though it had specifically ordered the carrier to only ice the car at the point of origin, the carrier had reiced the car at other points along the route. The complainant insists that this additional icing is actually detrimental to the shipments. The defendants showed that the amount of ice required for one icing at the point of origin was about 51⁄2 tons, and that the cost was about $3 a ton. The commission found that the rate of $70 per car on such shipments was unreasonable and that a rate of $31.50, based on $16.50 for ice, $5 for repairs to the ice bunkers and $10 for hauling the ice and putting it into the car, should hereafter apply. (24 I. C. C., 323.)

Complaint Dismissed.

Anadarko Cotton Oil Co. et al. v. Atchison, Topeka & Santa Fe et al. Opinion by the commission:

This hearing is supplemental to 20 I. C. C., 43, in which rates on the products of cotton seed, including oil, hulls, cake, meal and lint, from producing points in Oklahoma to various markets were attacked as unreasonable. The commission found that after consideration of both the original and supplemental evidence, these rates were not shown to be unreasonable. (24 I. C. C., 327.)

Red "C" Oil Manufacturing Co. v. Alabama & Vicksburg et al. Opinion by Commissioner Clements:

The southern classification requires shipments of benzine, gasolene and naphtha to be made in metal drums and metal barrels. The complainant contends that this rule is unreasonable and prejudicial, and says that no such rule is in effect in other parts of the country. The commission found that it would be a step backward to order the defendants to strike out this rule, as its purpose was to promote safety, and as it would not be long before this rule would be in force throughout the country. (24 I. C. C., 542.)

Globe Milling Co. v. the Chicago, Milwaukee & St. Paul. Opinion by commission:

Watertown, Wis., is now on a parity with Minneapolis, Minn.. in the milling of rye when the product moves to eastern destinations. The complainants contend that reparation should be made on shipments made before the present rate situation was in effect. The commission found that the facts did not show that the charges exacted for the milling-in-transit privilege was excessive. The commission also found that the fact that a carrier has by certain rate adjustment as to one commodity enabled a manufacturer to overcome the natural disadvantages of his location, is not in itself a ground upon which the commission is justified in establishing a similar adjustment as to another commodity. (24 I. C. C., 595.)

C. W. Hull Co. v. Southern Railway et al. Opinion by the commission:

On through shipments of washed No. 1 egg coal the complainant was charged on the net weight of the shipment minus 1 per cent. as an allowance for moisture by three roads. The Chicago & North Western, however, which formed part of the haul, did not make any deductions from the net weight for moisture. The tariff of the Chicago & North Western states that on receiving shipments from connecting lines the weights at which the shipments were carried by those lines would be accepted. The complainant contends that the North Western is bound to make the deduction for moisture if it accepts the weights at which the shipments were carried by the connecting lines. The commission found, however, that the roads granting the allowance for moisture stated that those allowances were deductions from the actual net weights, and therefore they would have to cite the actual net weights to the Chicago & North Western rather than the weights after the deductions had been made. (24 I. C. C., 302.)

Memphis Freight Bureau v. St. Louis, Iron Mountain & Southern. Opinion by the commission:

Prior to August 15, 1907, transit privileges were granted on shipments of logs from points in Arkansas to other points in that state when for reshipment to Memphis, Tenn. On August 15, 1907, the through rates were abolished on such shipments and local rates were charged. On May 21, 1908, the through rate was re-established. Complainant seeks repa

Rates on Bituminous Coal Reduced. Grenada Oil Mill v. Illinois Central. mission:

Mixed Carload Rates on Grain and Grain Products. Southwestern Millers' League v. Atchison, Topeka & Santa Fe et al. Opinion by Commissioner Harlan:

Under the rule formerly in effect on mixed carload shipments of grain or grain products the balance of the through rate or the outbound proportional rate was applied on the actual weight of the transit commodity in the car, and the flat carload rate from the milling point was assessed on the actual weight of the non-transit commodity in the car. When the actual weight of the entire shipment was less than the minimum carload weight, the billed weight of the transit portion of the shipment was increased so that the sum of the billed weights of the transit and non-transit articles would equal the carload minimum weight. The defendants have abolished this rule and have established a new one.

The present rule requires the transit portion of the shipment to be charged at the balance of the through rate or at the reshipping rate based on the carload minimum weight. Any non-transit grain or grain products in the car must be treated as a separate shipment from the milling point taking the flat local less than carload rate on the basis of its actual weight. The complainants allege that this rule is unreasonable and discriminatory, in that it puts the small millers at interior points at a substantial disadvantage. Much of the grain used by them is of local origin or is non-transit because it has come in over a road other than the one that has the outbound haul. The supply of transit grain is therefore limited. The millers at large milling points and primary markets make no

objection to the rule because it has no practical application to their operations, as substantially all of their grain comes in on transit rates. In this way they escape the payment of local rates and are able to ship the entire contents of their cars at the balance of a through rate. The defendants claim that the former rule was withdrawn and the present one established in order to conform their practices more closely to the views of the commission in regard to transit privileges. The complainants seek to have the former rule restored and contend that it did not conflict with the law or with the rulings of the commission. They also point out that the official classification permits consolidation in carloads of different commodities under a rule that applies to the entire shipment the highest carload rate and minimum weight on any article in the mixture. The commission found, however, that the former rule did not purport to establish a carload rate on a mixed carload shipment from a transit point, but to apply from that point the balance of a carload rate from a point beyond to a less than carload shipment of a transit commodity from the transit point and permit the shipment to make good the shortage in the minimum weight by putting into the car at the transit point the required weight of some non-transit commodity. The result of the operation of the rule was not only to give to a less than carload quantity of the transit commodity the benefit of the balance of a through carload rate, but to give a carload rate to a nontransit commodity, although moving in less than carload quantity from the transit point. This conflicts with some of the findings in regard to transit practices, but the present ruling is free from that objection. The commission found that there is no objection to the application of carload rates on mixed carload shipments of transit and non-transit grain and grain products, and will permit the use of the proportional carload rate or the balance of the through rate on the transit portion of such a shipment and a flat carload rate from the transit point on the non-transit portion. The total charges are to be based on the highest carload minimum applicable on any commodity in the car. It should also be provided that the carload rate should not apply to that portion of the shipment, whether transit or non-transit, the actual or billed weight of which is less than 10,000 lbs., and that the traffic should be surrounded with all the safeguards required by the transit rulings of the commission. No order was made nor was any reparation awarded. (24 I. C. C., 552.)

Rates on Watermelons Not Changed.

J. H. Bahrenburg, Bro. & Co. et al. v. Atlantic Coast Line et al. Opinion by Commissioner Prouty:

The commission found that though the fact that the rate on watermelons was lower from the southeastern territory to the middle west than to the Atlantic seaboard, tends to show that the latter rate might well be reduced, examination had shown that it was not sufficient to condemn as unreasonable rates that are reasonable when compared with the rates fixed by the commission in other cases. The commission did not undertake to determine the exact relation which should exist between the rates on watermelons and the rates on cantaloupes, but found that the present rate on cataloupes had not been shown to be unlawful. The complainant alleged that rates to different points in trunk line territory had not been properly adjusted with reference to other territory. The commission found that this allegation was not established, but reserved the right upon a more specific complaint and a fuller record to further examine that question. The complainant also contended that the defendants should be ordered to resume delivery in New York City instead of Jersey City, as is now the practice, or in default, that the rate should be reduced by an amount which would fairly equal the saving to the railway by the change. The commission found that the defendants were amply justified in changing the delivery to Jersey City, on account of lack of facilities at New York. (24 I. C. C., 560.)

unreasonable, and prescribed reasonable rates for the future. An attempt to name proportional rates on this traffic, as requested by the complainants, would not be wise under the circumstances. The complainant attacks the reasonableness of the through rate from the Atlantic seaboard to points in Texas, but that part of the case was not urged in the trial, and was, therefore, not considered. The monopolistic conditions which have existed in the water traffic between the Atlantic seaboard and Galveston have resulted in excessive charges, but to what extent was impossible to determine. The present class rates from the Atlantic seaboard territory to Wichita, Denver and Oklahoma City were not found to have been unreasonable. I. C. C., 570.)

(24

Morristown, Tenn., Discriminated Against. Board of Trade of Morristown, Tenn., et al. v. Atlantic Coast Line et al. Opinion by Commisisoner Meyer:

The commission found that Morristown, Tenn., and other points between Bristol, Tenn., and Knoxville on the direct line of the Southern Railway, are entitled to rates from New York City and related points not higher than the rates from those points to Knoxville. The commission also found that the commodity rate on glassware, n. o. s. from Pittsburgh, Pa., and Wheeling, W. Va., to Morristown, should not exceed the combination on Bristol. The reasonableness of other rates was also attacked, but the commission found that the evidence was not conclusive. No reparation was awarded. (24 I. C. C., 372.)

Rates on Lime-Sulphur Solution Reduced. Hardie Manufacturing Company . Oregon Railroad and Navigation Company et al. Opinion by the commission:

The commission found that the rate of 85 cents per 100 lbs., minimum 40,000 lbs., charged for transportation of a carload of lime-sulphur solution from Pullman Junction, Ill., to Portland, Ore., was unreasonable to the extent that it exceeds 65 cents per 100 lbs., minimum 30,000 lbs. As there was some doubt about the actual weight of the shipment, the order for reparation was postponed. (24 I. C. C., 545.)

COURT NEWS.

The Grand Rapids & Indiana was fined $14,000 and the Nichols & Cox Lumber Company $3,000 in the United States district court at Grand Rapids, Mich., on July 9 for rebating. The court assessed the minimum fine on each count.

The Wisconsin upper berth law was declared invalid in a decision by Circuit Judge Stevens at Madison, Wis., on July 10. The law provided that whenever a person occupied a lower berth in a sleeping car and the upper berth of the same section was not engaged the upper must remain closed. In a test case against the Chicago, Milwaukee & St. Paul the court held that the law takes the defendant's property without just compensation. The Supreme Court of New Jersey has sustained the order of the Public Utilities commission of the state requiring railways to sell season tickets to Jersey City, Hoboken and Camden. Hitherto the railways terminating in these cities have sold season tickets only to New York or Philadelphia, so that a passenger desiring to terminate his journey at the New Jersey town and not to cross the ferry nevertheless had to pay the same price as was paid by passengers using the ferry. The Supreme Court of Illinois has decided that the law of that state prohibiting the drinking of intoxicants on certain cars of passenger trains is constitutional. The case was carried to the high court by Mrs. Amabelle Tarantina of Ashley, Ill. Mrs. Tarantina sued for damages in the county court against the Louisville & Nashville for an alleged sickness and nervous breakdown caused by a tussle with a conductor who attempted to eject her because she took a draught of intoxicating liquor while on the train. She alleged that she was sick and used the stimulant on a doctor's prescription. The county court held that the law was constitutional and the conductor was vested with the authority by law to eject and have placed under arrest any passenger who partakes of an intoxicant while riding in any other coach than the buffet car; and this decision is now sustained.

Railway Officers.

ELECTIONS AND APPOINTMENTS.

Executive, Financial and Legal Officers.

The office and title of assistant auditor of the Texas & Pacific has been abolished.

T. A. Duff has been appointed auditor of the Southern Pacific of Mexico, with office at Tucson, Ariz., succeeding G. E. Bissonnet, promoted.

John Graham Drew, whose election as vice-president in charge of accounts of the Missouri Pacific and the St. Louis, Iron Mountain & Southern. with office at St. Louis, Mo., has been

J. G. Drew.

announced in these columns, was born at Hammondsport, N. Y., on February 12, 1864. In January, 1881, he began railway work at Seneca, Kan., as a station clerk on the St. Joseph & Western, now the St. Joseph & Grand Island, and he was with that railway for over 18 years, having been consecutively telegraph operator, agent, chief clerk to superintendent, chief clerk to general manager, general bookkeeper, chief clerk to auditor and auditor. On June 1, 1899, Mr. Drew was appointed assistant comptroller of the Great Northern at St. Paul, Minn., and two and one-half years later

was promoted to comptroller, which office he held until June, 1911. He then left the Great Northern to become general auditor of the Missouri Pacific-Iron Mountain System, from which position he has now been advanced to vice-president in charge of accounts.

J. G. Livingood, who has been appointed general auditor of the Missouri Pacific and the St. Louis, Iron Mountain & Southern, with offices at St. Louis, Mo., as has been announced in these

columns, was born at Rockville, Ind., on October 28, 1873. He began railway work in April, 1899, as a freight handler on the Milwaukee & Northern, now the Chicago, Milwaukee & St. Paul, at Marinette, Wis., and was later consecutively yard clerk and freight and ticket clerk with the Chicago, Milwaukee & St. Paul at Minneapolis, Minn.; in freight train service on the Minneapolis, St. Paul & Sault Ste. Marie, and with the Great Northern, first as waybill clerk at Minneapolis and later as bill clerk, chief clerk and cashier at Superior, Wis. He was appointed auditor of the Erie & Wyoming Valley at Dunmore, Pa., in 1900, and in March, 1901, when that road was taken over by the Erie, he was made chief clerk in the disbursement department of the Erie, was subsequently appointed auditor of disbursements, and

J. G. Livingood.