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Columbus Railway Company. The Howard street team tracks are north of the central part of Akron and farther from a large part of Akron than the team tracks of The Erie Railroad and The Cleveland, Akron and Columbus Railway by distances varying from thirty-six hundred feet to twelve thousand feet; that is to say, that to reach a part of Akron, Cleveland, Akron and Columbus Railway or Erie Railroad team track delivery, would save a wagon haul of two and one-quarter miles as against Baltimore and Ohio Railroad Howard street delivery; to reach another part, a wagon haul saving of one mile could be made, and to reach another part, a wagon haul saving of three-fifths of a mile would be made. Probably seventy per cent. of the population of Akron and sixty per cent. of the area is south of Market street. The Baltimore and Ohio Railroad Howard street tracks are fifteen hundred feet north of Market street and two and three-quarters miles from the south corporation line. The leased track to which reference is made above, is in South Akron about two miles south of the Howard street tracks. It is much more convenient to a large part of Akron than the Howard street tracks; but its capacity is only four cars. To this track The Baltimore and Ohio Railroad will transport sand in carloads from the plant of The Akron Gravel and Sand Company for twenty-five cents per ton; that is to say for the rate that is charged for Howard street delivery. The service is actually performed by the Cleveland, Akron and Columbus Railway and is exactly the same as to a Cleveland, Akron and Columbus Railway team track in that vicinity. If The Baltimore and Ohio Railroad and The Cleveland, Akron and Columbus Railway can jointly transport sand in carloads from the plant of The Akron Gravel and Sand Company to this track at twenty-five cents per ton, and find the rate remunerative, they can do the same thing to a Cleveland, Akron and Columbus Railway team track in that vicinity. As a Baltimore and Ohio proposition this track is of so small capacity as to cut no figure in this controversy. It is a very small isolated track in the center of a large community. It cannot avail much as affording adequate delivery facilities.

The Cleveland, Akron and Columbus Railway and The Erie Railroad cut diagonally through the center of Akron and their team tracks afford more convenient and more adequate facilities to the greater portion of Akron than do the team tracks of The Baltimore and Ohio Railroad. Then, if patrons are willing to pay an adequate price for the service, they should have the use of these team tracks. Not on the basis of switching service rates; but on the basis of transportation rates.

The Commission find that said defendants, The Baltimore and Ohio Railroad Company, The Cleveland, Akron and Columbus Railway Company, and The Erie Railroad Company, and each of them, are neglecting and refusing to furnish reasonably adequate service to said

complainant, The Akron Gravel and Sand Company, and to the public purchasing and desiring to purchase gravel and sand from said complainant, in that said defendants refuse to transport or accept for transportation cars loaded with gravel or sand at complainant's place of business and destined to the public team tracks of said defendant companies, The Cleveland, Akron and Columbus Railway and The Erie Railroad Company within said city of Akron, although requested so to do by said complainant.

The Commission further finds that said defendants, and each of them, have neglected and refused to establish reasonable rates for the transportation of gravel and sand, or either of said products, from the complainant's said place of business or from their respective interchange tracks to the public team tracks of said defendants, The Cleveland, Akron and Columbus Railway and The Erie Railroad Company, or to the public team tracks of either. It is therefore

ORDERED, That said defendant, The Baltimore and Ohio Railroad Company be and is hereby notified and required to accept for transportation cars loaded with gravel and sand, or either, tendered by complainant at its said place of business and destined to any public team. track of said defendants, The Cleveland, Akron and Columbus Railway Company or The Erie Railroad Company in said city of Akron, and transport and deliver such cars to either The Cleveland, Akron and Columbus Railway Company or The Erie Railroad Company according to the requirements of the destination of such cars. It is further

ORDERED, That said defendants, The Cleveland, Akron and Columbus Railway Company and The Erie Railroad Company be and they each are hereby notified and required to accept from said defendant, The Baltimore and Ohio Railroad Company, cars tendered. by the said The Baltimore and Ohio Railroad Company, as aforesaid and destined to the public team tracks of either The Cleveland, Akron and Columbus Railway Company or The Erie Railroad Company in said city of Akron, and that said defendants, The Cleveland, Akron and Columbus Railway Company and The Erie Railroad Company transport such cars loaded with gravel and sand, or either, to their respective team tracks as the case may be and the necessities of such shipments of sand and gravel, or either, require to reach the public team tracks to which consigned.

103. C. H. Ingersoll, Mayor; H. G. Pollock, Grain Dealer, and John Clark, Citizen, Complainants, versus Pennsylvania Company, Defendant.

On July 17, 1911, the complainants having advised of the erection by the defendant of an adequate and suitable depot building at the village of Middlepoint, Ohio, this case was dismissed.

104. The Ohio Shippers' Association, Complainant, versus The Akron and Barberton Belt Railroad Company et al., Defendants. Complaint Against Carrier. Decided May 19, 1911. John R. Horst, for Complainant; F. A. Durban, S. H. West, Karl E. Burr and Wilson & Rector, for Defendants.

DEMURRAGE RULES.

This matter came on for investigation upon the complaint of The Ohio Shippers' Association against The Akron and Barberton Belt Railroad Company; The Ann Arbor Railroad Company; The Ashland and Western Railway; The Baltimore and Ohio Railroad Company; The Baltimore and Ohio Southwestern Railroad Company; The Bes-. semer and Lake Erie Railroad Company; The Chicago, Cincinnati, and Louisville Railroad Company; The Chesapeake and Ohio Railway Company; The Cincinnati, Hamilton and Dayton Railway Company; The Cincinnati, Lebanon and Northern Railway Company; The Cincinnati and Muskingum Valley Railway Company; The Cincinnati, New Orleans and Texas Pacific Railway Company; The Cincinnati Northern Railroad Company; The Cleveland, Akron and Columbus Railway Company; The Cleveland, Cincinnati, Chicago and St. Louis Railway Company; The Dayton and Union Railroad Company; The Dayton, Lebanon and Cincinnati Railroad and Terminal Company; The Detroit and Toledo Shore Line Railroad Company; The Detroit, Toledo and Ironton Railway Company; The Erie Railroad Company; The Hocking Valley Railway Company; The Ivorydale and Millcreek Valley Railway Company; The Kanawha and Michigan Railway Company; The Lake Erie, Alliance and Wheeling Railroad Company; The Lake Erie and Western Railroad Company; The Lake Shore and Michigan Southern Railway Company; The Lakeside and Marblehead Railroad Company; The Louisville and Nashville Railroad Company; The Manufacturers' Railway Company; The Marietta, Columbus and Cleveland Railroad Company; The Michigan Central Railroad Company; The New York, Chicago and St. Louis Railroad Company; The Norfolk and Western Railway Company; The Northern Ohio Railway Company; The Ohio River and Columbus Railway Company; The Pennsylvania Company; The Pere Marquette Railroad Company; The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company; The Pittsburgh and Lake Erie Railroad Company; The Pittsburgh, Lisbon and Western Railroad Company; The Toledo, Angola and Western Railway Company; The Toledo and Ohio Central Railway Company; The Toledo, St. Louis and Western Railroad Company; The Toledo and Western Railroad Company: The Toledo Terminal Railroad Company: The Wabash Railroad Company; The Wabash-Pittsburgh Terminal Railway Company; The Wheeling and Lake Erie Railroad Company; The Wheeling Terminal Railway Company; The Youngs

town and Ohio River Railroad Company; The Zanesville and Western Railway Company, defendants, the several answers of said defendants. thereto and the evidence.

After hearing the evidence, argument of counsel and being fully advised, the Commission find that said defendants and each of them have adopted and are enforcing two separate codes of demurrage rules in the State of Ohio, namely, first, the code of rules promulgated by order of this Commission, of date the twentieth day of March, 1908, in the matter of the complaint of Pickands, Mather & Co. et al., complainants, being cause No. 43 upon the docket of the Commission, and second, a code of demurrage rules voluntarily adopted by said defendants, and each of them, and applied in cases claimed by said defendants not provided for and not governed by said demurrage rules promulgated by said order of the Commission.

The Commission further find that said codes of demurrage rules are each conflicting with the other in many respects and that, as a whole, each of said codes of demurrage rules is unreasonable. It is, therefore,

ORDERED, That said previous order of this Commission, promulgating said first-named code of demurrage rules be, and the same is hereby rescinded. It is further

ORDERED, That the code of demurrage rules hereinafter set out, which the Commission has determined to be reasonable, shall be adopted, observed and followed in the State of Ohio by said defendants, and each of them, in the future instead of said two codes of rules, or either of them, found herein by the Commission to be unreasonable.

RULE 1-Cars Subject to Rules.

Cars held for or by consignors or consignees for loading, unloading, forwarding directions, or for any other purpose, are subject to these demurrage rules, except as follows:

(a) Cars loaded with live stock.

(b) Empty cars placed for loading coal at mines or mine sidings or coke at coke ovens.

(c) Empty private cars stored on carrier's or private tracks, provided such cars have not been placed or tendered for loading on the order of a shipper.

NOTE.-Private cars while in railroad service, whether on carrier's or private tracks, are subject to these demurrage rules to the same extent as cars of railroad ownership.

(Empty private cars are in railroad service from the time they are placed by the carrier for loading, or tendered for loading on the orders of the shipper. Private cars under lading are in railroad service until the lading is removed and cars are regularly released. Cars which belong to an industry performing its own switching service are in railroad service from the time they are placed by the industry upon designated interchange tracks and thereby tendered to the carrier for movement. If such cars are subsequently returned empty they are out of service when withdrawn by the industry from the interchange; if returned under load, railroad service is not at an end until lading is duly removed.)

RULE 2-Free Time Allowance.

(a) Forty-eight hours (two days) free time will be allowed for loading or unloading.

(b) Twenty-four hours (one day) free time will be allowed:

I.

When cars are held for reconsignment or switching orders.

2. When cars destined for delivery to or forwarding by a connecting line are held for surrender of bill of lading or for payment of lawful freight charges.

3.

grading.

When cars are held in transit and placed for inspection or

4. When cars are held because of refusal by consignee to accept shipment, or because delivery cannot be effected for any reason for which carrier is not responsible.

(c) Cars containing freight for transshipment to vessel will be allowed such reasonable free time at the ports as may be provided in the tariffs of the carriers.

(d) Seventy-two hours will be allowed when cars are placed on interchange tracks of industrial plants which perform their own switching, or of street or interurban railways serving industries on their lines; provided such street or interurban lines are not working under the per diem agreement.

RULE 3-Computing Time.

In computing time Sundays and legal holidays (national, state and municipal) will be excluded. When a legal holiday falls on a Sunday, the following Monday will be excluded.

(a) On cars held for loading on public delivery tracks, time will be computed from the first 7 a. m. after placement.

(b) On cars held for loading on private tracks, time will be computed from first 7 a. m. after placement, actual or constructive. (See Rule 6.)

(c) On cars held for unloading on public delivery tracks, time will be computed from first 7 a. m. after notice has been sent.

(d) On cars held for unloading on private tracks, time will be computed from first 7 a. m. after placement, actual or constructive. (see Rule 5). provided arrival notice has been sent on previous day.

(e) On cars containing freight in bond, time will be computed from first 7 a. m. after permit to receive goods is issued by customs authorities.

(f) On cars containing freight subject to official inspection by inspectors appointed by incorporated Boards of Trade, Chambers of Commerce, or Merchants Exchanges or kindred associations, under authority of sections 10144 and 10145 of the General Code, time will be computed from the first 7 a. m. after such inspection, provided such inspection be made within twenty-four hours.

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