3. The defendant has established and published a schedule of rates and charges for the transportation of petroleum and its products in barrels in car-load lots and in less than car-load lots upon its said railroad, and which is now in force thereo. Said rates and charges constitute and are un undue and unreasonable preference and advantage to the said traffic in car-load lots, and an undue and unreasonable prejudice and disadvantage to said traffic in less than carload lots; and as evidencing and illustrating said undue and unreasonable preference and prejudice and disadvantage, respectively, they show that the said rates and charges in car-load lots, and in less than car-load lots, respectively, from said city of Cleveland to the places named are as follows, viz: $1.00 50 ets. To Chicago, in the State of Illinois.............. 50 cts. Eets. 30 ets. 4th. Defendant has established and published a schedule of rates and charges for transportation of petroleum and its products in bulk in tank cars and in car-load lots in barrels, and in less than car-load lots in barrels upon its said tailroad, and which is now in force thereon. Said rates and charges constitute and are an undue and unreasonable proference and advantage to the said traffic in bulk in tank cars and an undue and unreasonable prejudice and disadvartage to said traffic in car-load lots in barrels and in less than carload lots in barrels; and as evidencing and illustrating said undue and unreasonable preference and prejudice and disadvantage, respectively, they show that the said rates and charges in bulk in tank cars and in car-load lots in barrels. and in less than car-load lots in barrels, respectively, from said city of Cleveland to the places named are as follows, viz: per barrel. lots, per bbl. $1.00 31 22 To Chicago, in the State of Illinois......... 38 cts. 30 50 5th. The defendant has established and published a schedale of rates and charges for the transportation of petroleum. and its products in barrels in car-load lots and in less than car-load lots from said city of Cleveland to places without and beyond the State of Ohio, reached by its said line of railroad, and which is now in force thereon; that as a part of said schedule of rates and charges it is provided that a minimum car-load in barrels shall be sixty barrels. The rates and charges per barrel for less than car-load lots as thus established is from fitfy to one hundred and fifty per cent. higher than the rate in car-load lots. The floor capacity of defendant's cars, in which said commodities are transported in barrels, is from forty-eight to not more than fiftythree of said barrels, and for the transportation of said commodities when transported in said cars to the full floor capacity thereof, and in quantities less than sixty barrels, defendant charges the less than car-load rates for each barrel. In order to transport in each of said cars sixty barrels of said commodities it becomes and is necessary that those barrels in excess of the floor capacity be placed upon the top of those upon the floor, which cause leakage and damage to the barrels thus placed above and below, which said leakage and damage is by said schedule entirely at the risk of the owner. Said regulation of said schedule, fixing sixty barrels as a minimum car-load, is unjust and unreasonable; and the charge per barrel at said less than car-load rates on the full floor capacity of the car when that is less than sixty barrels, is excessive, unjust, and unreasonable. 6th. Defendant has established and published a scheduïe f of rates and charges for the transportation of petroleum and its products in bulk in tank cars, and that it transports a large quantity of said commodities at said rates in said tank ears; that defendant fails and refuses to furnish to complainants the tank cars necessary to ship said commodities at said rates, according to said schedule, and defendant refuses to furnish the apparatus, facilities, and appliances needful to load and unload said commodities transported and to be transported in bulk in said tank cars; that said defendant rebates from its said schedule rates and charges to shippers furnishing said tank cars a mileage allowance three-fourths of a cent for each and every said tank car so furnished by shippers. Said defendant in its said schedule charges for the transportation of said commodities in sal tank cars a less amount than it charges for the transportation of said commodities in Darrels, and that said less amount, in combination with said mileage allowance, constitutes and is an undue and unreasonable pre ference and advantage to the said traffic in bulk in tank cars over the said traffic in barrels, and constitutes and is an undue and unreasonable prejudice and disadvantage to said traffic in barrels. 7th. The Standard Oil Con.pany is a corporation duly organized under the laws of the State of Ohio, with its principal office in the city of Cleveland and in said State, and is engaged in the business of refining, manufacturing, and dealing in petroleum and its products, and ships said commoditi s in tank cars in the manner aforesaid over defendant's said railroad from said city of Cleveland to places thereon without the State of Ohio at said rates. That the facts, acts, and omissions of defendant hereinbefore set forth in the complaints numbered, respectively, from one to seven, inclusive, separately and in combination, all and singular, constitute and are, and by defendant are designed to be, a device whereby defendant charges, demands, collects, and receives from said Standard Oil Company a less sum for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions than it charges, demands, collects, and receives from complainants therefor; and whereby defendant makes and gives and intends to make and give an undue and unreasonable preference and advantage to said Standard Oil Company in the transportation of said commodities, and subjects and intends to subject complainants to an undue and unreasonable prejudice and disadvantage in the transportation of said commodities. By way of general averment and as additional and supplementary to each and every of the above stated and numbered complaints and for brevity of statement complainants attach hereto the several schedules of rates and charges of the defendant above referred to and make the same a part hereof and of each and every of said complaints stated and numbered as aforesaid. That petroleum and its products herein referred to are, by the classification adopted by the defendant and in force upon its said line of railroad, classed as third class and charged accordingly upon a computation of four hundred pounds weight for each and every barrel when transported in less than car-load lots. The prayer of the petition is that the Commission investigate the charges and complaints herein preferred, and if said acts and omissions complained of are found to exist and to be unlawful the Commission will order and direct said defendant to desist from and cease such unlawful acts and omissions, and for all such further action, order, and finding in the premises as to the Commission may seem just and right. To the foregoing complaint the Lake Shore and Michigan Southern Railway Company answered as follows: 1st. It admits the allegations contained in the petition touching the complainants, copartnerships, and incorporations, and the incorporation of the respondent, and that respondent owns and operates a railroad as a common carrier, as alleged in said petition, and that complainants are engaged in business and ship some of their goods as alleged. 21. It admits that it has established and published schedules showing the rates and charges for the transportation of petroleum and its products in barrels upon its railroad in car-load lots and in less than car-load lots and in bulk in tank cars, as alleged in the complaints numbered 1 to 4, both inclusive, in said petition; but it denies that said rates and charges for less than car-load lots or for the transportation in barrels in car-load lots are excessive, unjust, or unreasonable, or that said rates and charges or any of them constitute or are an unjust or unreasonable preference and advantage to the traffic in car-load lots, or that said rates and charges constitute and are an undue and unreasonable preference and advantage to said traffic in bulk in tank cars, or an undue and unreasonable prejudice and disadvantage to the said traffice in car-load lots in barrels. On the contrary, it allege that the rates aforesaid are just and reasonable and are fixed and adjusted fairly and equitably; that the circumstances and conditions under which such transportation is made in barrels in less than car-load lots, in barrels in car-load lots, and in tank cars are essentially dissimilar and unlike, and warrant and ju ify the difference in rates and charges which has been made in the tariffs of the respondent. 3d. It admits that it has established and published a schedule of rates and charges, as alleged in the 5th complaint in said petition, and that it has provide 1 that a minimum car-load in barrels shall be sixty barrels, and alleges that the rates and charges for less than car-load lots are fixed and extablished by the tariffs and schedules, a copy of which is attached to said petition, and not other or different. It alleges that the capacity of respondent's cars, in which said commodities are transported in barrels, is ample for the proper loading and transportation of sixty barrels and upwards, and that if properly loaded the placing of some of the barrels upon others does not produce leak ige or damage to the barrels. It denies that the regulation fixing sixty barrels as a minimum car-load is unjust or unreasonable, or that the charge |