OFFICE OF RAILROAD COMMISION, STATE OF FLORIDA. Jno. C. Strickland, Esq., Secretary Putnam County Farmers' Alliance, Etoniah, Fla.: DEAR SIR-I beg to inform you that the Board of Railroad Commissioners are now in session, and if you have the information asked for in my letter to you of May 31st, they will take pleasure in investigating the charges, and give you such relief as lies in their power. By order of the Board, JOHN G. WARD, To this no answer has ever been received. Secretary. ORANGE BELT RAILWAY. Correspondence and ruling of the Commission in the matter of estimating the weight of green cypress shingles: "OAKLAND, FLA., June 11th, 1890. "Mr. John G. Ward, Secretary State Railroad Commission: "DEAR SIR-Will you kindly advise me estimated weight which will be agreeable to Commission, on green cypress shingles to use where actual weight cannot be ascertained? "Out of a number of lots and bundles weight averaged over 650 pounds per thousand. Not having car scales and the inconvenience to weigh each shipment, would like to arrive at a reasonable and satisfactory estimated weight. "You will greatly oblige, In their acknowledgment of the receipt of the above, the Commission June 16th said: "As to the matter of the weight of cypress shingles, the Commission has taken the matter up, and have written to several parties in regard to the same. In the mean time they request that you will have a number of lots weighed, of the various widths manufactured, and let them know the result of your investigations." Subsequently the Commission addressed the following letterto Mr. Taylor, which ended the correspondence: TALLAHASSEE, FLA., July 14, 1890. J. W. Taylor Esq., Auditor O. B. R'y Oakland, Fla.: DEAR SIR-Referring to my letter to you of June 16th regarding the weight of cypress shingles, and to which you have made no reply, I am directed by the Commissioners to say that they have no information that would enable them to make a change in the weight that would be just to all interests concerned, and they therefore decide that where it is practicable shipments shall be weighed, or such part thereof as will enable you to arrive at the weight of the whole shipment by the average of the part weighed, or if not practicable to weigh, then the shipment will have to go by the estimated weight as established by the Southern Railway and Steamship Association, and adopted by the Commission and in use by other roads in this state. Yours truly, JOHN G. WARD, Secretary. ST. CLOUD SUGAR BELT RAILWAY COMPANY. Ruling of the Commission in regard to a question connected with interstate shipments, asked for by the company: "KISSIMMEE, FLA., November 7, 1890. "John G. Ward, Secretary Railroad Commission, Tallahassee, Fla.: "DEAR SIR-I enclose herewith our claim No. 68 against the Queen and Crescent route and respectfully ask for your consideration and advice in this matter in accordance with the laws governing the transportation of this class of freight. The point at issue is as follows: A carload of cooperage was shipped from Cincinnati, Ohio, by the Cincinnati, New Orleans and Texas Pacific Railway Company to St. Cloud, Florida. I therefore hold that this is necessarily an interstate shipment, and is in no way affected by the Florida Commissioners' ciassification, but is governed entirely by Southern Railway and Steamship Association classification, which prescribes Class A for box and barrel stuff. It will be noted that the St. Cloud Sugar Belt Railway Company have not accepted the Joint Exception Sheet No. 1 which is attached to these papers; therefore I cannot see why we should be compelled to be governed by said joint exception sheet, nor do I see that this shipment was made from Jacksonville, and that therefore the shipper has a right to take advantage of the local Florida rate, Class P, as Mr. Ryan indicates in his letter next attached. "To my mind it is not a question whether we should have adopted Joint Exception Sheet No. 1, nor that any advantage is being taken of the shipper, but simply that the Queen and Crescent Route billed this freight through Florida under Class P without taking the trouble to examine what roads had agreed to the joint exception above referred to. "You will note that Mr. Ryan says 'If you do not intend to apply these classes, why is it they are shown in your tariff and why is it that we are furnished with copy of same as well of classification governing.' The class that Mr. Ryan applies on box and barrel stuff, which becomes an interstate shipment, is not shown in our tariff, nor has he been furnished with a copy of any classification from us covering this shipment as it was billed through Florida by his road. "Our Classification No. 4, of which you have a copy, says, 'On traffic between points in the State of Florida, use classification established by the Florida Railroad Commissioners, on interstate traffic, use classification of Southern Railway and Steamship Association.' It therefore resolves itself as to whether this shipment was interstate or not. If the former, I see no earthly reason why the Queen and Crescent Route refuses to protect their prepaid bill of lading attached. "With your multiplicity of duties I dislike exceedingly to impose this additional matter for your consideration, but feeling as I do that you have a thorough knowledge of these matters I beg that you will honor me with your opinion and advice in the premises with return of all papers. "Yours very truly, Reply of the Commission: "T. S. TUTWILER, "General Superintendent." OFFICE OF RAILROAD COMMISSION, STATE OF FLORIDA, Mr. T. S. Tutwiler, General Superintendent, Kissimmee Fla.: DEAR SIR-Your letter of the 7th inst. and enclosures have been considered by the Commissioners. Could they conclude that your position with respect to the matters at issue is correct, they cannot see that they could assist you in any way, because not only was the shipment in question interstate, but the party whose action you wish to influence is in a distant State and would not be likely to be influenced by a mere opinion of this Board. But is your view correct? For the Commissioners to say it is, they would have to sanction the charging of higher rates on through shipments than on local ones, the service being the same. Judge Cooley, chairman of the Interstate Commerce Commission, in a recent letter referring to a case in every way similar to yours, used this language: "It would be difficult to show that it (referring to reasonable compensation for carrying interstate traffic) ought to be greater than upon Statetraffic, where the service is the same." The Commissioners think that Judge Cooley is undoubtedly correct. Indeed, the custom which they have observed, all the legislation with which they are familiar, and the entire regulation coming within their knowledge, is based upon the principle of lower relative rates for longer distances, excepting that in certain cases (possibly in many) certain roads charge uniform tariff rates on all shipments, whether purely local or through. This is the case to some extent in our State, but the Commission cannot recall a single instance of where higher relative rates on through than on local shipments, the service being the same, has been justified by any competent authority. The last Legislature of Florida, (see Chapter 3863, Laws of Florida,) imposed certain duties upon this Board, in connection with interstate traffic, and in conformity thereto, that have brought to the attention of the Interstate Commerce Commission for their investigation and correction, instances of practices by certain railroads doing business in this State, very much of the character of the one presented by you. There was this difference, however, they did charge and collect the higher rates on the interstate business, whereas you have only sought, without success to do so. Papers are herewith returned. JOHN G. WARD, Subsequently the Commission was advised that this company had joined the other railroad companies in the adoption of the Exception Sheet referred to in the above correspondence. |