in force over the road, and also had printed therein the Western and Official classification in full. The three general classifications are printed by the chairmen of the Official, the Western, and the Southern classification committees, and are filed with the Commission by them in behalf of the members of the respective committees. The classifications so printed and filed do not contain any rates, but provide the class or rating which articles mentioned therein shall take, the individual carriers publishing and filing the tariffs which name the rates for the various classes of freight provided for in the classifications, and specifically referring to the particular classification by which the rates are to be governed. The classifications as printed in the tariff above referred to were probably not used by anyone other than the agents of the company. After a considerable time it was discovered by one of the competing carriers that interspersed at various places among the items of these classifications were the reduced commodity rates which had been the subject of so much inquiry and discussion. These rates were at once withdrawn, but in the meantime the carrier had thereby secured a large volume of traffic. The claim that the rates which were being used were published and on file with the Commission was true, but can it be seriously claimed by anyone that rates published in this manner in any wise meet the requirements of the law, either in spirit or in letter?

Another matter which seems to deserve notice is the practice resorted to by certain carriers on frequent occasions in the past of making changes in rates without giving the statutory notice and the attempt to defend such methods as not being in conflict with the law. The method adopted in case of an advance in rates, where the date decided upon for the advance to take effect does not allow sufficient time to publish the new rates and have them in the hands of the Commission ten days before becoming effective, is to issue a cancellation notice canceling the existing rates effective ten days from the date of filing such notice. In some cases the cancellation notice provides that after the cancellation becomes effective combination of local rates will apply, while in other cases no announcement is made as to what rates will thereafter be in force, leaving it to be inferred that combination rates would apply. Usually three days before the cancellation notice becomes effective new tariffs are filed, which are advances over the rates canceled, and are made to take effect the day after the expiration of the existing rates. The invariable argument advanced in defense of this method is that the new rates are lower than the combination of locals which would become effective in case no other rates were issued, and are therefore a reduction and require only three days' previous notice. It will be seen at once that this is not the method prescribed in the statute for making advances in rates, and that if rates can be advanced in this manner it would never be necessary to give the ComH. Doc, 181—2

mission more than three days' previous notice of the rates actually to be put in force. The point overlooked by the carriers in such cases is that the law provides that when advances in rates are made the rates which are to take the place of those at the time in force must be in the hands of the Commission ten days before they can be made effective. This matter has been the subject of a large amount of correspondence, with the result that this method of making advances in rates is seldom resorted to at the present time.

Some time ago a number of roads adopted the plan of putting in force without previous notice reduced rates which were found to be in force between the same points over the lines of their competitors. It was contended that this was not a violation of the law, as the rate adopted was already in force between the points and that therefore no new conditions were created. The Commission pointed out to such carriers that there was no justification in law for making reductions in rates without giving the three days' notice provided in the act, even though the rate which was to be put in force was already in effect over some other line; in fact, that such action was a plain violation of law. No instances of this practice have been observed within the past few months.

FORMAL PROCEEDINGS BEFORE THE COMMISSION.

In our last annual report to Congress it was stated that 19 formal proceedings had been commenced before the Commission during that year. Since December 1, 1901, 38 proceedings of that character, double the number brought in the preceding year, have been instituted before the Commission. These cases directly involve some of the rates and practices of 300 carriers. Following is a short statement of the complaints and provisions of the law claimed to be violated.

No. 608. Investigation by the Commission in the matter of consolidations and combinations of carriers subject to the act to regulate commerce, and the method of the associations known as "community of interest" plan.

No. 609. Rates on carload shipments of lumber to Charlestown and Boston, Mass., Keene, N. H., and Tarrington, Conn., greater from Sheridan than from Indianapolis, Ind. Reparation claimed. Sections 1, 3, and 4.

No. 610. Unreasonable and unjust freight rates to Leadville, Colo., from Missouri River points and points east thereof. Sections 1, 2, 3, and 4.

No. 611. Unreasonable and unjust rates on carload shipments of ice from Norvell, Hillsdale, Bankers, and other points in Michigan greater for the shorter distance to Springfield than for the longer distance to Columbus, Ohio. Reparation claimed. Sections 1, 3, and 4.

No. 612. Unreasonable and unjust rates on crude or fuel petroleum oil from Pecos, Tex., to Roswell, N. Mex., and from Amarillo, Tex., to Roswell. Sections 1 and 3. No. 613. Freight rates from Boston, New York, Philadelphia, and Baltimore greater to Chattanooga than to Nashville, Tenn. Sections 1, 3, and 4.

No. 614. Discrimination and prejudice against Kansas City, Mo., in rates on grain from Kansas and Nebraska to and from Kansas City and through to Southern and Eastern markets. Sections 1, 2, and 3.

No. 615. Discrimination against Central Stock Yards in favor of Bourbon Stock Yards in Louisville in matter of shipments and delivery of shipments of cattle. Sections 2 and 3.

No. 616. Unreasonable and discriminating rates on milling-in-transit shipments of corn and corn products from Western points to Boston and other New England points. Reparation claimed. Sections 1, 2, 3, and 6.

No. 617. Prejudicial and unreasonable rates on lumber from Fountain Head, Gallatin, Pilot Knob, and St. Blaise, Tenn., to Detroit, Mich., as compared with rates from Nashville. Sections 1, 3, and 4.

No. 618. Unreasonable and unjust rates on live stock in carloads from points in Iowa, Missouri, Minnesota, and Wisconsin to Chicago, Ill., as compared with rates on dressed meats and packing-house products. Sections 1 and 3.

No. 619. Unreasonable and excessive rate on shipment of two cows and a calf from Newport, Vt., to Pawtucket, R. I. Sections 1, 2, and 3.

No. 620. Unlawful class and commodity rates from Cairo, St. Louis, and East St. Louis to Tupelo, Aberdeen, Westpoint, Starkville, and Columbus. Sections 1, 3, and 4.

No. 621. Investigation by the Commission in the matter of rates and practices by the Mobile and Ohio Railroad Company in the transportation to Vicksburg, Miss., of grain shipped from or through St. Louis or East St. Louis.

No. 622. Investigation by the Commission in the matter of the transportation of immigrants from New York and other Atlantic ports to Western destinations.

No. 624. Greater rates on grain and grain products from Wichita, Kans., than from Kansas City to Galveston, Tex., and New Orleans, La. Sections 1, 2, 3, and 4. No. 625. Prejudicial regulations in closing freight stations in Cincinnati, Ohio, as compared with similar regulations in other cities. Section 3.

No. 626. Discrimination in rates on lumber and shingles in carloads from Minnesota Transfer to St. Louis and Chicago when such shipments originate at Seattle or other points in Washington, in favor of shipments originating in the State of Minnesota. Sections 1, 2, and 3.

No. 627. Prejudicial and unreasonable rates on coal in carload lots from Minden, Mo., McAlester, Ind. T., and Russellville, Ark., to Wichita, Kans. Sections 1, 2, and 3.

No. 628. Prejudicial rates on bananas in carload lots from New Orleans, La., to Wichita, Kans. Sections 1, 2, 3, and 4.

No. 629. Discriminating rates on sugar from Rocky Ford and Sugar City, Colo., to Wichita, Kans., in favor of Kansas City, Mo. Sections 1, 2, 3, and 4.

No. 630. Discriminating rates on lumber in carloads from points in Arkansas, Texas, and Louisiana to Wichita, Kans., in favor of Kansas City and other points. Sections 1, 2, 3, and 4.

No. 631. Investigation by the Commission in the matter of alleged unlawful rates and practices in the transportation of coal and other commodities between points in the territory north of the Ohio River and east of the Missouri and Mississippi rivers. No. 632. Unreasonable storage charge on sugar at Macon, Ga. Sections 1, 3, and 6. No. 633. Unreasonable storage charge on molasses at Columbia, S. C. Sections 1, 3, and 6.

No. 634. Relative rates on flour and wheat from Wichita and other points in Kansas and Missouri to points in Texas. Sections 2 and 3.

No. 635. Unreasonable through rates from St. Louis, Mo., to Mansfield, Leesville, and other points in Louisiana, and Marshall and other points in Texas. Sections 1, 2, and 3.

No. 636. Unreasonable and prejudicial freight rates from Dayton, Cleveland, Detroit, and Pittsburg to Wichita, Kans., as compared with rates to Oklahoma City, Okla. Sections 1, 2, 3, and 4.

No. 637. Freight rates from Boston, Providence, New York, Philadelphia, and Baltimore greater to Charlotte, N. C., than to Norfolk, Va., Wilmington, N. C. and other points. Sections 1, 2, and 3.

No. 638. Freight rates from Chicago, East St. Louis, Ill., St. Louis, Mo., Cincinnati, Ohio, Louisville, Ky., Nashville and Memphis, Tenn., to Charlotte, N. C. Sections 1, 2, 3, and 4.

No. 639. Unreasonable storage charge on molasses at Columbia, S. C. Sections 1, 3, and 6.

No. 640. Rates on buggies from Rock Hill, S. C., to Tallahassee, Fla., as compared with lower rates to Quincy, Fla. Sections 1, 2, 3, and 4.

No. 641. Passenger rate from Boston, Mass., to Janesville, Wis., as compared with lower rate in the opposite direction. Sections 1, 2, and 3.

No. 642. Unjust classification of blacking daubers. Sections 1, 2, and 3.

No. 643. Pooling of freights by Southern railways. Section 5.

No. 644. Unreasonable and prejudicial rates on anthracite coal in carloads from points in the anthracite coal region of Pennsylvania to New York City, Boston, Washington, and other Eastern points. Sections 1, 2, and 3.

No. 645. Investigation by the Commission in the matter of transportation of dressed poultry in refrigerator cars by the Wabash Railroad Company.

HEARINGS AND INVESTIGATIONS.

Hearings and investigations of alleged violations of the act to regulate commerce have been had at general sessions of the Commission at its office in Washington, D. C., and at special sessions held in Kansas City and St. Louis, Mo., Chicago, Ill., New York and Buffalo, N. Y., Louisville, Ky., Chattanooga and Nashville, Tenn., Leadville, Colo., Columbus, Miss., Wichita, Kans., Detroit, Mich., Indianapolis, Ind., Cincinnati, Ohio, Charlotte, N C., and Providence, R. I.

The formal proceedings so heard and investigated involved the following matters:

Investigation in the matter of transportation of dressed meats and packing-house products. Investigation in the matter of consolidations and combinations of carriers subject to the act to regulate commerce, and the method of the association known as "community of interest" plan. Investigation in the matter of rates, facilities, and practices applied in the transportation, handling, and storage of grain and grain products carried from Western points to Atlantic seaboard and other Eastern destinations. Rates in both directions between Denver, Colo., and the Pacific coast, and between Denver and the East. Classification of pamphlets, almanacs, circulars, and other printed advertising matter in first class. Discrimination against central stock yards in favor of Bourbon stock yards in Louisville in matter of shipments and delivery of shipments of cattle. Investigation in the matter of rates and practices by the Mobile and Ohio Railroad Company in the transportation to Vicksburg, Miss., of grain shipped from or through St. Louis or East St. Louis. Investigation in the matter of transportation of immigrants from New York and other Atlantic ports to Western destinations. Rates on live stock in carloads from points in Iowa, Mis

souri, Minnesota, and Wisconsin to Chicago, Ill., as compared with rates on dressed meats and packing-house products. Freight rates from Boston, New York, Philadelphia, and Baltimore to Chattanooga, Tenn., as compared with those to Nashville, Tenn. Class and commodity rates from Cairo, St. Louis, and East St. Louis to Tupelo, Aberdeen, West Point, Starkville, and Columbus. Milling-in-transit privilege and rates on shipments of corn and corn products from Western points to Boston and other New England points. Investigation in the matter of alleged unlawful rates and practices in the transportation of coal and other commodities between points in the territory north of the Ohio River and east of the Missouri and Mississippi rivers. Freight rates to Leadville, Colo., from Missouri River points and points east thereof. Rates on grain and grain products from Wichita, Kans., to Galveston, Tex., and New Orleans, La., as compared with rates from Kansas City. Relative rates on flour and wheat from Wichita and other points in Kansas and Missouri to points in Texas. Rates on coal and slack in carload lots from Minden, Mo., McAlester, Ind. T., and Russellville, Ark., to Wichita, Kans. Rates on lumber in carloads from points in Arkansas, Texas, and Louisiana to Wichita, Kans. Rates on sugar from Rockyford and Sugar City, Colo., to Wichita, Kans. Rates on lumber from Fountain Head, Gallatin, Pilot Knob, and St. Blaise, Tenn., to Detroit, Mich., as compared with rates from Nashville. Rates on carload shipments of lumber from Sheridan, Ind., to Charlestown and Boston, Mass., Keene, N. H., and Torrington, Conn. Passenger rates from Boston, Mass., to Janesville, Wis., as compared with lower rate in the opposite direction. Rates on live stock in carloads from points in Iowa, Missouri, Minnesota, and Wisconsin to Chicago, Ill. Closing of freight stations in Cincinnati, Ohio, as compared with closing of freight stations in other cities. Passenger fare from Niagara, on the lake, to Buffalo, N. Y. Rates on carload shipments of ice from Norvell, Hillsdale, Bankers, and other points in Michigan greater for the shorter distance to Springfield, Ohio, than for the longer distance to Columbus, Ohio. Freight rates from Boston, Providence, New York, Philadelphia, and Baltimore to Charlotte, N. C. Freight rates from Chicago, East St. Louis, Ill., St. Louis, Mo., Cincinnati, Ohio, Louisville, Ky., Nashville and Memphis, Tenn., to Charlotte, N. C. Rate on a shipment of two cows and a calf from Newport, Vt., to Pawtucket, R. I.

CASES SETTLED AND DISCONTINUED.

The following cases have been settled through concession of relief by the carriers or agreement of the parties.

A case brought under the telegraph act of August 7, 1888, and alleging discrimination through failure to furnish telegraph facilities to a firm of brokers, was dismissed on motion of counsel for complain