for the haul over its road from Leadville to Colorado Springs, the remaining 40 cents going to the road hauling the ore from that point to Denver or Pueblo. The Commission deems it unnecessary, under the circumstances of this case as hereinafter stated, to go into this feature of the rate.

Petitioner asked that $1.10 be declared the reasonable rate on manganese ores from Leadville to Colorado Springs, and that he be given the right of routing his shipments from Colorado Springs to points outside the State.

No movement of shipments to Colorado Springs, as final destination, is alleged by the petitioner or shown by the evidence introduced in this case, and, therefore, any ruling the Commission might make would be a direct assumption of authority over a movement of interstate traffic, over which this Commission has no control. Section 1 of the Act creating this Commission reads as follows:

"That the provisions of this Act shall apply to common carriers and to any corporation or any person or persons engaged in the transportation of passengers or property, or the receiving, delivery, storing or handling of property shipped or carried from one point or place within this State to any other point or place within this State."

The Commission can, therefore, give petitioner no relief in this case, and must refer him to the Interstate Commerce Commission.

For the reasons stated the petition is dismissed."

CASE NO. 2.

E. G. Elliott vs. The Pacific Express Company.

Refusal of Express Company to receive shipments at Sorrento, Colorado.

Filed June 10th, 1908.

The petition and notice served on the Express Company, and the complaint was satisfied by the defendant's receiving shipments, as desired.

pany.

CASE NO. 3.

John J. Serry vs. The Denver & Rio Grande Railroad Com

Rate on lumber from Cotopaxi, Colorado, to Cripple Creek, Colorado.

Filed July 1, 1908.

The petition and notice served on Railroad Company, and the rate petitioned for was given without formal hearing.

CASE NO. 4.

Colorado Consolidated Lumber Company vs. The Denver and Rio Grande Railroad Company; also same.vs. The Union Pacific Railroad Company.

Rate on box shooks from Denver to Louviers, Colorado, and from Denver to Ft. Lupton, Colorado.

Filed July 10, 1908.

The petition and notice served on the defendant railroad companies who answered the complaint. Answer was referred to complainant, with instructions that if he desired to pursue the matter, a date would be set for formal hearing. The Commission heard nothing further from the complainant, and case was dismissed August 22, 1908.

CASE NO. 5.

Citizens of Galatea, Colorado, vs. The Missouri Pacific Railway Company. A petition for increased facilities.

Submitted September 10, 1908.

Decided September 21, 1908.

Certain citizens of Galatea, Colorado, filed on August 8, 1908, with this Commission, a petition, wherein they stated: "First-There is no agent of the Missouri Pacific Railway Company at Galatea, Colorado.

Second-The patrons of the said company residing in said town and vicinity are greatly inconvenienced by reason of being unable to send or receive telegrams or express without making a trip of nine or more miles to one of the adjoining towns.

Third-Freight billed to the said town of Galatea, even when charges are prepaid, is often carried through to the adjoining town, and perishable goods spoil before they are received."

After duly notifying the Missouri Pacific Railway Company of this petition, the Commission fixed September 10, 1908, as the date, and 3:30 p. m. as the time, for a hearing at Galatea on this matter. Although duly notified of this hearing, the Misrouri Pacific Railway Company had no representative present. Witnesses were examined by Mr. Chamberlin, and the testimony duly transcribed.

After careful investigation the Commission finds:

Galatea is located in Kiowa County, on the Missouri Pacific Railway, ninety-nine miles east of Pueblo, in a dry farming section.

Haswell, seven miles west, and Eads, thirteen miles east, are the nearest agencies.

There is at Galatea a population of 250 people, practically all having moved in during the last two years; one general merchandise store, one hotel, one schoolhouse and church, one small lumber yard.

A station house, in apparent good condition, but not accessible to the public as either a freight warehouse or a waiting room, and adequate stock pens.

A private telephone line to Haswell, poorly constructed, and most of the time not available.

One passenger train in each direction stops on flag, and, in emergency, permission may be had to flag the other passenger trains. Formerly several trainloads of cattle were shipped out. In the fall of 1907 about three hundred head of cattle offered for shipment, but, owing to inability to secure cars, some were driven to Eads and the remainder were turned loose. Probably three or four trainloads would move from Galatea this fall if adequate facilities were afforded.

Other than cattle, practically no outbound shipments are in sight. The State Agricultural Department is encouraging the people to devote themselves to dairy and poultry business, which they will do if properly encouraged by the railway and express companies.

The in-bound business is small, consisting of supplies for the settlers and feed for the stock. The freight on this amounts to $150.00 to $200.00 per month. Part of this freight is paid at Eads or Haswell, and appears to the credit of those points.

Freight for Galatia citizens is either billed prepaid to Galatea or to stations on either side. That billed to Galatea is frequently delivered at Eads or Haswell, sometimes necessitating several trips to those points.

There is no system of advising consignees of arrival of shipments at Eads or Haswell, causing a delay of sometimes weeks and months to consignee.

Infrequent and irregular freight train service; some weeks only one local freight train.

Little or no redress for damage or shortage to shipments received, and live stock killed; claims are frequently not acknowledged.

Requisitions for cars for loading live stock are frequently filled without notice to shipper, and sometimes are never heard from. Delays frequently occur in moving cars loaded with live stock. The same confusion in handling package freight attends the handling of baggage and express.

Apparently there exists some arrangement between the Railway Company and Mr. Gillespie, whereby Mr. Gillespie is to give transportation matters some attention, but whatever that ar rangement is, if there is any, it is inadequate and unsatisfactory.

The general attitude of the Railway Company is apparently one of indifference, and tends to discourage rather than to encourage the settlers. The Railway Company has encouraged these settlers to occupy lands on its line and to till the same under improved methods of soil culture. Large numbers have responded, but the Railway Company furnishes no greater accommodations than before. The United States government, by experimentation, and the State of Colorado, through its Agricultural College, are aiding these settlers in establishing themselves permanently, yet this common carrier withholds the support it might give. It would seem that the Railway Company should make an earnest effort to establish these settlers as a permanent source of revenue, instead of being indifferent to their welfare.

ORDER.

Upon these facts it is hereby ordered that the defendant railway company use the depot now located at Galatea for the public freight and passenger service at that point, and provide some competent person to receive freight and issue bills of lading for the same, and perform such service in the care and protection of the freight and baggage as the same may demand. It is further ordered that the said defendant Railway Company shall accept prepaid shipments for Galetea, and shall so bill and deliver same, and promptly notify consignees of arrival of shipments, and that this order be complied with by November 1, 1908.

The petition for a regular operator and agent is denied, as the amount of business at Galatea is not sufficient to warrant the same.

No order is entered against the Express Company, awaiting the compliance on the part of the defendant railway with the above order."

CASE NO. 6.

Town of Vona, Colorado, vs. The Chicago, Rock Island & Pacific Railway Company. A petition for increased facilities submitted October 17, 1908. Decided November 9, 1908.

A petition was filed with this commission, signed by a large number of citizens of Vona, Colorado, asking for better passenger and freight service, and for a station agent. It was stated in the petition that this town had grown very rapidly during the past year, on account of the large number of settlers who had taken up land in this vicinity, and that that there was a large amount of business being transacted at the town, and that the town was discriminated against in that it had practically no passenger service, and that it would do sufficient busi

ness if it had a station to pay for said agent and warrant the railroad in maintaining one there.

The Railway Company was duly notified of this petition, and filed its answer, in which it denied the power of the Commission to act in the matter, on account of the alleged unconstitutionality of the law and other matters, and in answering the facts stated in the petition, stated that it was unable, on account of the physical conditions existing at Vona, to give it better passenger service, and that there was not sufficient busi ness there to warrant the keeping of a station agent.

The hearing on the petition was held at Vona on the 17th day of October, 1908. There were present at said hearing Mr. Caldwell Martin, as attorney for the railway company, and Mr. Abbott, its Division Superintendent. Mr. Ritter took the testimoney on behalf of the Commission.

On the 28th day of October, 1908, Caldwell Martin appeared specially before the Commission on behalf of the Chicago, Rock Island & Pacific Railway Company, and objected to the taking of any action whatsoever by the Commission against the said Railway Company in relation to the matter of the aforesaid petition of the citizens of Vona, and stated that the said Railway Company waived none of the matters as contained in its answer to the said petition, but that said Railway Company, of its own motion, offered to make passenger train No. 40, eastbound stop on flag at Vona for local service, and passenger train No. 27, westbound, stop on flag at Vona for local service; train No. 40, arriving at Vona at 6 p. m., and train No. 27, arriving at Vona at 5 a. m. He also stated that the Railway Company would maintain a waiting room at Vona for passengers, and would heat the same in winter, and furnish flags and lanterns nécessary for flagging trains, and take all necessary action in order to enforce the orders to stop the aforesaid passenger trains at Vona on flag.

FINDINGS.

The Commission is of the opinion that this offers to Vona the best passenger service it can reasonably expect at this time, and places Vona on an equality with other towns of similar size on that division of the road between Limon Junction, Colorado, and Goodland, Kansas, and the offer of the Railway Company is accepted by the Commission in lieu of any finding and order in the premises, and in consideration of the company putting the same into effect immediately.

In the matter of the Railway Agent and increased freight facilities, the Commission deems that a further showing should be made by petitioners as a basis for further investigation by