The distance from Toledo to above points is as follows:

On January 1st, 1911, the Wabash issued its tariff D 8367, R. C. O. No. 872, cancelling Wabash tariff No. C 8367, R. C. O. No. 863. Tariff No. 872 shows the withdrawal of The Terminal as a participating carrier making the rates that were applicable under R. C. O. No. 863 apply from Toledo, and switching charges from complainant's said plant on The Terminal to Wabash connection at Gould are absorbed to competitive points, but not to non-competitive points.

While operating under R. C. O. No. 872, complainant shipped a car of slag in car T. T. R. No. 1, weighing 60,000 pounds, consigned to Eckley, Ohio, on the Toledo-Montpelier Division of The Wabash. The rate assessed was 45 cents per net ton, plus $3.00 advance charges for switching from The Terminal to The Wabash, making a total of $16.50, a net charge of 55 cents per ton from complainant's said plant to Eckley.

Eckley is a non-competitive point. The rate to West Unity, which is a competitive station, is 45 cents per net ton.

Complainant says that The Wabash charged it 10 cents per net ton more to deliver slag at Eckley than it would have cost to deliver the same at West Unity, and that The Wabash charged complainant 5 cents per net ton more plus $3.00 switching charges per car to ship slag from its said plant at Ironville to Eckley than it would have cost The Whitehouse Stone Company to ship a car of crushed stone from Whitehouse, Ohio, to Eckley.

Complainant contends that the rates named in R. C. O. No. 872 to Eckley are unjust, unreasonable and discriminating to the extent that they exceed the rates from Whitehouse to Eckley in the sum of 5 cents per net ton, plus The Terminal switching charges of $3.00 per car.

Wherefore, the complainant prays that the aforesaid defendant company be required to answer the charges herein and that after due. hearing and investigation an order be made commanding said railroad company to:

(a) Refund to it the sum of one hundred and forty-seven dollars and seventy-two cents ($147.72), for said excess freight rates on 2,954.4 tons of slag so shipped as aforesaid, and in addition thereto

4-R. C.

the sum of three dollars ($3.00) per car of 78 cars consigned to Eckley.

(b) Put into effect the tariff on crushed furnace slag from Ironville, in Toledo, Ohio, to various points on the Toledo-Montpelier Division of said Wabash Railroad Company on the same basis as rates now in effect from Whitehouse, Ohio, on crushed stone, said tariff to provide for the absorption of switching charges accruing to said Terminal Railway Company in an amount over and above the net revenue of ten dollars ($10.00) per car to said Wabash Railroad.

ENTRY OF AGREEMENT

Now come the parties hereto and stipulate that the matters complained of in complainant's petition herein, have been adjusted in a manner satisfactory to the complainant, and further stipulate that an order may be entered herein in accordance with the agreement for the adjustment of rates and overcharges complained of herein, which said agreement is as follows:

First: The defendant will immediately file with the Railroad Commission a tariff of rates on slag applying from Toledo to stations in Ohio on the Chicago-Montpelier Division of the defendant, which said rates shall be the same as the rates of the defendant from Whitehouse to same station.

Second: The defendant will pay, subject to the approval of the Railroad Commission, as reparation to the complainant, all freight charges on shipments of slag made by complainant from Toledo to Eckley, Ohio, in excess of forty cents ($0.40) per ton; said complainant will immediately prepare and file claim with defendant, and defendant will immediately check said claim and present the same to the Railroad Commission for authority of the Commission to make the reparation payment to the complainant as herein provided.

120. The Livingston Seed Company, Complainant, versus American. Express Company, Defendant. Disposed of March 9, 1911.

The complainant says:

That it is a corporation under the laws of Ohio, doing business at No. 114 North High Street, Columbus, Ohio.

That the above named express company is a common carrier, engaged in the transportation of property by railroad between 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 on September 17th, 1910, one Alex. Maxwell, at Springfield, Ohio, delivered to said express company at 2:30 p. m., a box of cut flowers, value of $3.00, for transportation to this company, said box being properly addressed to us. Said box arrived here at 5 o'clock p. m. of said day, but said express company failed and refused to deliver it to this company until Monday, September 19th, although said box was plainly marked, "Cut Flowers, Perishable." Said express company did not notify this company of arrival of said box the evening they arrived and when finally delivered contents were worthless, and as soon as this condition was noticed, E. E. Travis, agent of said express company, was called in and shown same.

Claim for said loss and damage was duly filed with said Travis, Agent, September 29th, 1910, and by him declined on October 10th,

1910.

Wherefore, the complainant prays that the aforesaid defendant company be required to answer the charges herein, and that after due hearing and investigation an order be made commanding said express company to pay to complainant said sum of $3.00 and hereafter to either deliver perishable goods to complainant day of arrival or to notify complainant of arrival of same by telephone, that complainant may obtain same, and for such other and further order as the Commission may deem necessary and just in the premises.

Under date of March 8th, 1911, the following order was entered in this case:

Full satisfaction having been accorded plaintiff by defendant in this case, same is hereby dismissed without further record.

121. The Lima Southern Railway Company, Complainant, versus The Cincinnati, Hamilton and Dayton Railway Company, Defendant. Dismissed April 12, 1911. R. C. Eastman, for Complainant; Morison R. Waite, for Defendant.

The complainant says:

The Lima Southern Railway Company is engaged in performing a switching service between the industries on its line and the roads with which it connects at Lima, Ohio.

That the above named railway company is a common carrier engaged in the transportation of persons and property by railroad between 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 The Cincinnati, Hamilton and Dayton Railway Company has issued their Local Freight Tariff No. 5134, I. R. C. No. 461; R. C. O. No. 1420; I. C. C. No. 2603, which became effective on state traffic March 7, 1911, and which is to become effective on interstate traffic March 28, 1911.

This tariff is a direct discrimination against The Lima Southern Railway Company inasmuch as it states, "Switching charges of The Lima Southern Railway at Lima, Ohio, will not be absorbed."

Wherefore, the complainant prays that the aforesaid defendant company be required to answer the charges herein and that after due. hearing and investigation an order be made commanding said railway company to reissue their Local Freight Tariff No. 5134-H and in this reissue provide for the absorption of The Lima Southern Railway Company's switching charges. We further pray in this complaint that the defendant company be ordered to pay The Lima Southern Railway Company for switching service rendered since January 1st, 1911, and for such other and further order as the Commission may deem necessary and just in the premises.

ANSWER.

For answer to the petition in this proceeding, defendant says:

I. For its first defense, defendant says that the complainant has no interest in the tariff referred to by complainant; that it is immaterial to complainant whether or not the defendant absorbs switching charges of The Lima Southern Railway Company at Lima, Ohio, and defendant says that the petition should be dismissed on this account.

II. For its second defense, this defendant says that the complainant is not a railroad company under the Statutes of Ohio; that it is not organized or incorporated under or by virtue of the laws of the State of Ohio; that complainant is not a common carrier; that it is not engaged in the transportation of persons and property by railroad between points in the State of Ohio; that it is not subject to the provisions of the laws of the State of Ohio relating to common carriers.

III. For a third defense, defendant denies that its tariff referred to in complainant's petition is a discrimination against The Lima Southern Railway Company. It says that said The Lima Southern Railway Company is only a plant facility of The Lima Locomotive and Machine Company and of The Ohio Steel Foundry Company: that said The Ohio Steel Foundry Company is a company organized by and in the interest of persons who are largely interested in The

Lima Locomotive and Machine Company. That the plants of said two industries are situated near one another. They own many tracks within their own plants and each require considerable switching of their products, manufactured and partly manufactured, and their raw material, within their plants and between the two plants. Said The Ohio Steel Foundry Company furnishes castings to said The Lima. Locomotive and Machine Company. Complainant was incorporated on or about the 14th day of October, 1907, and the purpose of its incorporation, as stated in its articles of incorporation, was to carry freight from one industrial plant to another in the County of Allen and State of Ohio. Its incorporators were officers of The Lima Locomotive and Machine Company and said The Ohio Steel Foundry Company, which companies own its capital stock. After the incorporation. of the complainant, said The Lima Locomotive and Machine Company and said The Ohio Steel Foundry Company each leased to the complainant the said railroad tracks belonging to each. Complainant was organized solely for the purpose of doing the internal switching of said two industries and the switching between said two industries and of placing cars within the plants of each, after the same had been placed by the railroad companies and common carriers on side tracks for said industries. Said complainant connects with no other industries than the two above mentioned and performs no service for the public and performs no other duties than those above mentioned.

IV. For its fourth defense, defendant, adopting all the allegations of its answer aforesaid, as a part of this defense, further says that it delivers all carload freight coming over its line consigned to The Lima Locomotive and Machine Company or switched by it for other carriers to The Lima Locomotive and Machine Company, on a side track, built under an agreement made by it with said The Lima Locomotive and Machine Company on the 19th day of April, 1905, which said agreement is still in force and effect, and which agreement provides that said track shall be used for the purpose of delivering cars to and receiving same from The Lima Locomotive and Machine Company, and by said agreement, said last named company expressly agrees to do its own switching and receive cars from and deliver the same to said Railway Company on said track. The ownership of said track is vested in The Cincinnati, Hamilton and Dayton Railway Company. Ever since the making of said agreement and long prior to the organization and incorporation of the complainant, said The Lima. Locomotive and Machine Company has received its carload freight from the defendant on said side track and has delivered to it there all carload freight shipped by it.

Wherefore, defendant, having fully answered, prays to be hence dismissed with its costs.