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company to remove its switching from the business district of said village and to cease using the main line of the Findlay, Ft. Wayne and Western Railroad as a passing track and to remove the scales from their present location and for such other and further order as the Commission may deem necessary and just in the premises.

This case was called for hearing on May 23d, 1911, when the parties thereto submitted the following entry of settlement:

This 23d day of May, 1911, this case came on further to be heard and thereupon came the parties and agreed upon the following settlement of all matters in dispute in this cause, to wit: In consideration of the Village of Ottawa and its citizens paying the Cincinnati, Hamilton and Dayton Railway Company five hundred dollars and furnishing water to said railway company at eight and one-half cents per one thousand gallons, the said Cincinnati, Hamilton and Dayton Railway Company will remove its track scale from its present location on Fourth Street to a point east of the Detroit, Toledo and Ironton Railway; that the said railway company will extend its double track south in said village to a point south of River Street a sufficient distance to hold a train of eighty-five cars, and also that said railway company will on the completion of said double track extension cease using the main track of the Findlay, Ft. Wayne and Western Railway as a passing track for main line trains.

The improvements and changes herein provided for shall be made within a reasonable time and shall be completed within ninety days from this date, and the payment of the five hundred dollars shall be made as soon as said changes and improvements are completed.

This cause is therefore continued to September 1st, at 10 a. m., pending the completion of the terms of this settlement.

ORDER.

The parties hereto, having filed with this Commission an agreement in the words and figures following, to wit:

This agreement, made this 8th day of June, 1911, between the Cincinnati, Hamilton and Dayton Railway Company, hereinafter called the "Railway Company," being the lessee of The Cincinnati, Findlay and Ft. Wayne Railway Company, and Charles F. Huber, Thomas F. McElroy and Frank G. Kahle, residents of the Village of Ottawa, Putnam County, Ohio, agreeing each for himself and for other residents of the said village who are too numerous to mention, parties of the second part,

Witnesseth, That the second part agree to pay into the Bank of Ottawa, Ottawa, Ohio, to the order of the said Railway Company the sum of five hundred ($500) dollars within five days from the execu

tion of this agreement, to be held by said bank as hereinafter in the fifth paragraph provided.

In consideration whereof, said Railway Company agrees upon its part immediately upon being notified of said payment being made to proceed to make the following improvements, which it will prosecute without unnecessary delay and complete not later than six months from the time of said notification.

1. To remove the track scales at present located on the side track in Fourth Street of said village of Ottawa, between Cox and Grant Streets, and restore the surface of said street at a point occupied by said scales to conform with the surface of said Fourth Street adjoining thereto.

2. To extend the passing track now located along the main line of said railway within the village of Ottawa, southwardly over the Blanchard River, and a sufficient distance to hold thereon south of Second Street or River Street the longest north-bound freight train operated through said Village of Ottawa by said Railway Company.

3. To cease to use the track of The Cincinnati, Findlay and Ft., Wayne Railway Company as a passing track for freight trains on the main lines of said The Cincinnati, Hamilton and Dayton Railway Company.

4. Said Railway Company further agrees that neither it nor The Cincinnati, Findlay and Ft. Wayne Railway Company will erect or maintain track scales on Fourth Street between the crossing thereof of said The Cincinnati, Hamilton and Dayton Railway Company and The Detroit, Toledo and Ironton Railway Company.

5. Said sum of five hundred ($500) dollars shall be held by said bank and paid to said Railway Company as soon as said improvements hereinbefore provided for are completed, which said Railway Company agrees will not be later than six months from the date of its notification of said deposit of said sum of five hundred ($500) dollars as aforesaid.

In witness whereof, the parties hereto have signed these presents on the day and year first aforesaid.

CHARLES F. HUBER,
THOMAS F. MCELROY,
F. G. KAHLE,

THE CINCINNATI, HAMILTON AND DAYTON RAILWAY COMPANY,

FRANK H. ALFRED, General Superintendent.

And it appearing to the Commission that the cause of complaint is thereby satisfied, this case is therefore dismissed without further record.

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118. W. H. Stephenson, et al., Complainants, versus The Cincinnati, Hamilton and Dayton Railway Company, Defendant. Decided March 9, 1911. W. H. Stephenson, for Complainants; Morrison R. Waite, for Defendant.

FINDING AND ORDER.

This matter was investigated at Woods, Butler County, Ohio, February 28th, 1911. Briefly stated, the evidence for the plaintiffs shows:

That the population residing within two miles to the north, five miles to the south, one mile to the east and three miles to the west of Woods Station use that station for shipping and receiving freight and for passenger train service; that the town of Riley, four and one-half miles to the south, having a population of about 300, would be better served by Woods Station than by McGonigles on the east or Oxford on the west; that the road between Riley and Woods Station is all in one township and is kept in good repair; that the road from Riley to Oxford, which lies in two townships, and the road from Riley to McGonigles are not kept in good repair; that over this condition the petitioners have no control; that a large amount of freight which is naturally tributary to the C., H. & D. Ry. at Woods Station is forced to Peoria Station on the C., C. & L. Ry., to the great inconvenience of the public in that vicinity; that in order to make a carload shipment from Woods Station eastbound, it is necessary to order a car at Oxford, and there is no way of ascertaining definitely when the car is ready for loading except by making a trip to Woods Station, and even when the car arrives there is no certainty that it will be held there until shipment can be transported to the station.

That, after loading, it is necessary to go five miles to Oxford to have a bill of lading signed; that to load less than carload freight at Woods Station, either east or west bound, it is necessary to be at the station when the local passes, and after such loading, the bill of lading must be obtained at either Oxford or McGonigles, according to whether the freight moves east or west; that to receive less than carload freight it is necessary to be at the station when the local passes or the freight is unloaded on the ground and is exposed to the weather and subject to owner's risk.

An agency had been maintained by defendant at Woods for many years prior to January 1st, 1911, and the total receipts of the agency, while being so maintained for the year 1910, were shown to be $3,104.48, not including the passenger revenue derived from the carriage of passengers to Woods Station. Defendant also put in evidence copy of their contract with Mr. George Gardner, the owner of

the building located on the right of way of the C., H. & D. Ry. Co. at Woods Station, which building was formerly used as a station building by defendant.

It appears from the evidence that the discontinuance of the agency at Woods Station and the ordinary station accommodations will result in considerable loss to the C., H. & D. Ry. It further seems that annual earnings in excess of $3,000 is sufficient to justify station facilities, especially when they can be provided, as appears to be the case here, at small expense. It is an undue hardship to require a shipper to go five miles to have a bill of lading signed after loading his shipment, and the evidence shows good reasons why Woods Station affords great advantages to a considerable population, as compared with Oxford or McGonigles on the C., H. & D. or Peoria on the C., C. & L. Ry.

The evidence justifies the belief that the amount of business in the future, if station facilities are afforded at Woods Station, will exceed that done in the past.

The Commission is of the opinion and find that an agency should be maintained by The Cincinnati, Hamilton and Dayton Railway Company at Woods Station, together with facilities for handling freight and passengers in the manner freight and passengers are usually handled at country stations where an agent is maintained. It is, therefore,

ORDERED, That the Cincinnati, Hamilton and Dayton Railway Company be, and it is hereby notified and required to establish an agency and maintain an agent at its station at Woods, in the County of Butler and State of Ohio, and to provide such facilities as are usually provided at stations of like character, and such as will be adequate for the handling of freight and the accommodation of passengers at that point.

119. The France Slag Company, Complainant, versus The Wabash Railroad Company, Defendant. Decided June 7, 1911. T. L. Gifford, for Complainant; N. S. Brown, for Defendant.

The complainant says:

It is engaged in the manufacture of crushed blast furnace slag in the City of Toledo, Lucas County, Ohio, at a plant located on The Toledo Terminal Railway Company, hereinafter called the Terminal, known as Ironville.

That the above named railroad company is a common carrier, engaged in the transportation of persons and property by railroad be

tween points in the State of Ohio, and that as such common carrier, said defendant is subject to the provisions of the laws of the State of Ohio relating to common carriers.

That in the course of its business it has shipped crushed slag for road building purposes to various points on The Toledo-Montpelier Division of The Wabash Railroad, hereinafter called The Wabash, from the date of the first shipment on the 12th day of December, 1910, to January 1st, 1911, freight charges were collected as required in Wabash tariff No. C 836, R. C. O. No. 863.

This tariff gave the rates from Ironville to points on said ToledoMontpelier Division as follows::

Delta ..
Wauseon

West Unity
Montpelier

35 cents

35 cents

45 cents

50 cents

Under said tariff, The Wabash Railroad absorbed a switching charge of $3.00 for switching from complainant's said plant to connection of The Toledo Terminal with the Wabash tracks at place known as Gould.

The complainant's slag plant comes in direct competition with The Whitehouse Stone Company's stone quarry, located at Whitehouse, Ohio, on The Toledo-Defiance Division of the Wabash about seventeen miles southwest of Toledo.

The rates in effect on crushed stone from Whitehouse, Ohio, for the entire period during which complainant made its said shipments of slag to points on the Toledo-Montpelier Division of the Wabash, were as follows:

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The distance in miles from Whitehouse, Ohio, to the above named points is as follows:

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