sylvania railroad in their own tank cars. The oil rates upon all the railroads from Cleveland to Chicago are the same.

During the period between April 1 and October 1, 1887, the Standard Oil Company shipped over defendant's railway in less than car-loads in barrels 9,824 barrels; in ear-loads in barrels 75,075, and in tank cars 319,860 barrels. About thirty-five per cent. of these shipments by the Standard Oil Company in barrels was made to Chicago as compared with its shipments in tanks. During this period the Standard Oil Company shipped its 75,075 barrels in 1,226 car-loads in stock cars and its 319,860 barrels in 3,579 tanks, while daring the same period the independent refineries shipped 4,633 barrels in 55 tanks in tank-loads. The total number of barrels shipped by the Standard Oil Company during this period over defendant's road appears to have been 395,919 barre is. During the same period all the other shippers shipped over defendant's road in less than car-load lots 8,316 barrels. The oil shipped in barrels out of Cleveland during this period in less than car-load lots appears to have been an average of between sixteen and seventeen barrels per car west and thirteen and four-fifths barrels per car east.

Since the business of refining oil at Cleveland commenced the business of defendant has changed very much. About ten years ago the volume of its business was east-bound and the returning cars to the west were largely empty. There was very little in the way of loads for stock cars. The stock cats were thus practically used and nearly altogether for oil. Now the conditions of shipments are largely reversed. Eastboun 1 shipments of live stock on defendant's road are greatly less than they were then, and this decrease has been existing since 1879. In 1879 the shipments from Chicago were 279,058 tons over defendant's road; in 1880 it was 81,5-1 tons; in 1881 it was 62,057 tons; in 1882 it was 202,740 tons; in 1883 it was 208,167 tons; in 1884 it was 176,530 tons; in 1885 it was 189,530 tons, and in 1856 it was 193,517 tons. Taking the years 1879 and 1886 by way of comparsion and it shows a decrease of 85,511 tons or 7,000 cars of live stock from Chicago alone. Besides oil there has also of recent

years been an immense traffic developed in west-bound freights over defendant's line in coal and coke.

While it is true that there has been a considerable falling off in the live stock shipments east over defendant's road in the last ten years, yet, still, this is a large business. There is enough of it, taken in connection with other freight, such as is usually shipped in stock cars, to furnish return loads to 'defendant's stock cars a large portion of the time on their return trips from Chicago to Cleveland. On the other hand, it does not appear that there are any return loads of freight from Chicago to Cleveland in tank cars.

When oil is shipped in barrels in less than car-load lots there are but few articles that can be placed in the same car with it. Any other freight placed in the same car must be such as will not absorb the smell of the oil or be damaged by its leakage. There are four handlings of freight when oil is shipped in barrels in less than car-loads. It is unloaded on the platform; it is loaded on the car and goes forward as way freight; it is handled at the different stations on the platform when taken from the train, and then from the platform to the team. A separate receipt, a separate bill of lading, and a separate way bill have to be made out for each barrel if shipped to only one consignee, and where there are several shipments all in a car in less than car-load lots there is as much clerical work in the case of each shipper and each consignee as there would be in the case of only one shipper and one consignee for an entire car-load. A car-load of oil can go forward on any train, but is generally sent on a through train. Less than car-load lots are always shipped in way freight trains, which stop generally at every station along the road.

The Standard Oil Company has stock cars of its own as well as tank cars, which are used in the defendant's business, and upon which defendant pays a mileage rate as above stated. Whether any of the petitioners have such stock cars is not shown by the evidence. The average oil train on defendant's road consists of thirty stock cars or tank cars. The

weight of oil is based on the standard of six and one-half pounds for refined oil and five and three-fourth pounds per gallon for naptha and gasoline, and seven pounds and upwar is per gallon for lubricating or black oil. It does not appear from the evidence that any of the complainants have made any demand on the defendant for tank cars to transport their oil. No shipper seems ever to have made such demand upon the defendant until very recently, and as we infer from the evidence, since the filing of this complaint.

The crude capacity of the petitioners Scofield, Shurmer, and Teagle is about 250,000 barrels a year. Their daily capacity is about 1,200 barrels. The Standard Oil Company is by far the largest refiner and shipper engaged in this business at Cleveland, according to the evidence before us.

The evidence shows that the production of these oils can be made at a much less cost by a large refiner having a capacity of one thousand barrels per day or more than by a small retiner having far less capacity. This difference is from one-half to three-fourths of a cent per gallon.

None of the petitioners have the capacity of making these oils at this. imam cost except Scofield, Shutmer, and Teagle. The St. dard Oil Company has the capacity to make and does in the these oils at this minimum cost. Shippers of oils in barrels, car-load lots, cannot compete successfully as against shippers in tank cars at the rates furnished by defendant to the principal points reached by its lines in the States of Lanois, Indiana, and Michigan.

The reliveries are looted at Newburgh, a suburb of Clevelaa 1, and w, on a stock e 1 is furnished to them to be loaded with bare', of oil it ti! five days, on an average, for it to be loaded and turned to the defendant. This delay is caused by the vite ing over the Cleveland and Pittsburgh railroad, an opposition line. Oil in barrels in less than carload lots is on ht by the shipper to the oil sheds of the defendant and is loaded on the cars at once. Stock cars furnished by the defendant to the Standard Oil Company are loaded by that company at its refineries and returned to the

defendant in from 24 to 48 hours. The differences in the rates of defendant upon these shipments are not based on any of these considerations.

Up to the time that the Act to regulate commerce went into effect the rate of the defendant on barrels of oil in carloads was sixty cents per barrel from Cleveland to Detroit, and on less than car-loads seventy cents per barrel. The present rate is thirty cents per barrel on car-loads, and on less than car-loads sixty-four cents per barrel. Relatively much the same differences on oil in barrels in car-load and in less than car-load shipments are made to other points. The ground assigned for this by the carrier is that prior to April 5, 1887, it had been doing this business "in a haphazard sort of way, and after that it was necessary to make rates harmonious with the various interests and commodities along its road." It is also claimed by the carrier that this change was made necessary by the fact that it had been carrying oil in barrels in less than car-loads too low prior to April 5, 1887.

Small shipments of oil, less than car-load lots, are usually shipped by the defendant in single-decked stock cars. As a rule the defendant always ships promptly oil in less than car-loads the day it is received, if it has cars, no matter how small the number of barrels may be; but if it has not enough cars, then on the next day. It takes about twice as long to get freight through to destination from point of shipment in less than car-loads than in car-loads.

The reasons assigned by the defendant for having no tank cars of its own are, in substance, that if it owned such tank cars the party who does the largest shipping over its road (the Standard Oil Company) would give it no work for such tank cars, and then it would be dependent on other shippers who get their crude oil over other roads than the defendant's, and in consequence give their shipments back to the companies to get their crude oil, and therefore that the defendant would have its equipment of tank cars on its lines for six months of the year doing nothing.

The crude oil used by the refineries at Cleveland is brought from the oil region of Pennsylvania. The estimate is that from 2,400,000 barrels to 3,000,000 barrels of this crude oil is thus brought from the oil fields of Pennsylvania annually to Cleveland to be refined. The greater portion of this crude oil is brought to Cleveland by a pipe line owned and controlled by the Standard Oil Company. A portion of this crude oil is brought from the oil fields to Cleveland by the Pennsylvania system of roads. The defendant has a railway line from Cleveland to Oil City, in the oil region of Pennsylvania, but for the last five years or more has not been engaged in the business of hauling crude oil from the Pennsylvania oil fields to Cleveland. All of the petitioners, except the Brooks Oil Company, receive their crude oil chiefly from the pipe line. The Brooks Oil Company receives its crude oil from the vicinity of Parkersburg and Oil City entirely by tank cars of the Valley road. There has been a considerable de mand upon the defendant for shipments of crude oil from the Pennsylvania oil fields to Cleveland. It makes a rate for this of 25 cents per barrel while the pipe line only charges 20 cents a barrel. It was conceded by petitioners' counsel upon the hearing, that this pipe line is not a common carrier.

The territory east of Cleveland receives its supply of refined oil chiefly from the east. There are refineries at 0:1 City, Buffalo, Philadelphia, Pittsburgh, and New York. There is a pipe line from the oil regions of Pennsylvania to the seaboard, and it is owned and controlled by the Standard Oil Company.

The shipments west over defendant's line in stock ears are largely made up of anthracite coal and pig-iron from Buff'd, anthracite coal from Erie, and Coke from Ashtabula. The shipments of these classes of freight over it, west, are so large that they often exceed the capacity of the defendant to furnish the requisite cars for their transportation.

CONCLUSIONS AND OPINION OF THE COMMISSION.

The questions arising upon this complaint (are several in number) and may be stated briefly and substantially in the following order: