ORDERED, That the defendant herein shall, forthwith, provide reasonable facilities for the transportation of such freight as may be tendered to it for transportation, by operating daily, except Sundays, a local freight train, scheduled to leave Wellston at some convenient hour in the morning, said train to stop at all stations upon defendant's said division for the purpose of receiving or discharging freight, and to arrive at Ironton at such hour as will permit of the terminal work thereat being done and a return trip made to Wellston, arriving at said latter terminal at such time as will permit of the forwarding of freight destined to points beyond with reasonable dispatch;

Provided, that if such reasonably adequate passenger and freight facilities can be furnished by the defendant through combination, such combined service will be considered, by the Commission as meeting the requirements of this order.

125. W. H. McGugin, Complainant, versus The Cincinnati, Hamilton and Dayton Railway Company, Defendant. Decided September 27, 1911.

Application of the defendant for a rehearing and modification of the Order of August 10, 1911:

ENTRY.

This case came on this day to be heard upon the application of defendant for a rehearing thereof and for a modification of an order. issued heretofore, to wit, on the tenth day of August, 1911, and entered on page 705, Vol. I of the Journal of the Commission, and said case was thereupon reheard and was argued by counsel, and the Commission, after due deliberation and being fully advised in the premises, find that no grounds have been shown for a modification of said order and no cause advanced upon which such modification could be based. It is, therefore,

ORDERED, That said application for a modification of said order be, and the same is, hereby dismissed.

126. In the Matter of the Investigation, Upon the Commission's Own Motion, of the Management of the Business of The Western Ohio Railway Company.

On the seventeenth day of April, 1911, the Commission entered the following order:

The Commission having under consideration the management of the business of The Western Ohio Railway Company and the method in which it is conducted, and believing that an inquiry into all matters and things pertaining thereto should be made, in order that the Commission may be informed as to the manner and method in which said company conducts its business, and, in order that the Commission may be better able to perform its duties, it is

ORDERED, That an investigation of the management of the business of said company and the method in which it is conducted be made. It is further

ORDERED, That Tuesday, the second day of May, 1911, at 10:00 o'clock a. m., in the Assembly Room in the Court House in the City of Wapakoneta, Auglaize County, Ohio, be and the same are hereby fixed as the time and place for such investigation. It is further

ORDERED, That the said The Western Ohio Railway Company be duly notified of such investigation by the forwarding of a copy of this order to the proper official, or officials of said company.

Subsequent to the spreading of this order and before the investigation therein contemplated had been held, the managing officials of this line called upon the Commision and represented their desire and intention of correcting certain improper conditions upon this line by instituting the following changes, improvements and reforms, whereupon the investigation was continued without day, pending the receipt of advice as to the accomplishment of this program of rehabilitation.

(1) The dispatcher shall be required to keep a permanent record of his orders in a book provided for that purpose.

(2) To discontinue the "single order system" and institute the "double order system" therefor.

(3) To require written transfer of orders to be made by the dispatcher going off duty to his successor going on duty.

(4) The issuance of verbal instructions shall be discontinued entirely and written instructions shall be substituted therefor in all cases. (5) In receiving orders by telephone, the train crews shall be required to make three copies thereof, one for the conductor, one for the motorman and one to be placed in a box or other secure receptacle provided for that purpose.

(6) A fair trial shall be given to the system of having both conductor and motorman participate in receiving the order, thus assuring a like knowledge and understanding of it on the part of each.

(7) Extra trains shall be adequately protected by issuing plain and specific orders governing their movements to each.

(8) A register book shall be kept at all divisional and terminal points, and the arrival and departure of all trains at these points shall be required to be registered therein.

(9) Cars shall be provided with sanding equipment as soon as an effective device for that purpose can be secured.

(10) The roadbed shall be maintained in safe condition.

127. The Lewisburg Stone Company, Complainant, versus The Cincinnati Northern Railroad Company and The Cincinnati, Lebanon and Northern Railway Company. Disposed of June 9, 1911.

The petition of the above named complainant respectfully shows:

That they are quarriers of building stone, range stone, cut stone, crushed stone, screenings and sand stone.

That defendants above named are common carriers engaged in the transportation of passengers and property by continuous carriage of shipment only by railroad between points in the State of Ohio and as such common carriers are subject to the provisions of the act to regulate commerce.

That the defendants have issued joint and local freight tariff No. 1741-D, effective April 21st, 1911, naming rate of 55 cents per ton on crushed stone carloads from Lewisburg, Ohio, to points on the Cincinnati, Lebanon and Northern Railway as enumerated in said tariff and that said rate of 55 cents per ton from Lewisburg, Ohio, to stations on the Cincinnati, Lebanon and Northern Railway enumerated as East Norwood, Idlewild, Ivanhoe, Kennedy, Norwood Park, Rossmoyne, Shillito Street in the State of Ohio, is excessive, discriminatory, prohibitive and prejudiced.

Wherefore, complainant prays that defendants may be severally required to answer the charges herein; that after due hearing and investigation an order be made commanding said defendants and each of them to cease and desist from the aforesaid violation of said act to regulate commerce, and establish and put in force and apply as maxima in future to the transportation of crushed stone between the shipping and destination points named in paragraph three hereof, such other rates as the Commission may deem reasonable and just.

ENTRY OF SATISFACTION.

It appearing to the Commission that since the filing of this complaint herein the defendants have agreed to cancel R. C. O. Tariff 1354, containing the rates complained of and to supplement it with a

new tariff applying a rate of 50 cents per ton on crushed stone in carload lots from Lewisburg, Ohio, to Cincinnati and other stations. within the switching limits of Cincinnati, and that the complainant is satisfied with this adjustment, and desires its complaint dismissed.

It is therefore ordered that the same be and is hereby dismissed.

128. The Norfolk and Western Railway Company, Complainant, versus The Detroit, Toledo and Ironton Railway Company, George K. Lowell, Benjamin S. Warren and Thomas D. Rhodes, Receivers, The Detroit, Toledo and Ironton Railway Company, Defendants. Decided June 13, 1911. Bannon and Bannon, for Complainant; A. F. Ritchie, for Defendants.

FINDING AND ORDER.

The parties to this proceeding are common carriers, engaged in the transportation of passengers and property within the State of Ohio, over lines of railway which intersect and cross at co.nmon grade, at three points within the municipal limits of the city of Ironton, Ohio, necessitating, by virtue of the provisions of Section 8826 of the General Code of Ohio, the stopping of all trains or engines upon each of said railways before passing over such crossings. The complainant, The Norfolk and Western Railway Company, seeks to avoid this delay to traffic and blocking of the streets of the city of Ironton, Ohio, and the danger to the public by the establishment of a system of interlocking, which will adequately protect said crossings and permit the passage of trains through and over the same without bringing the train or engine so passing over such crossing to a stop.

This matter coming on for investigation upon complaint of The Norfolk and Western Railway Company, the answer of said defendants thereto, and the Commission having fully investigated said matter, after due notice to the railroads interested, and being duly advised, find that public safety requires protection at said crossings, and each of them, and that existing conditions at said crossings require the installation, maintenance and operation of an interlocking device. to govern the three crossings of the tracks of The Norfolk and Western Railway Company with the tracks of The Detroit, Toledo and Ironton Railway Company, located in First Street, where said street. intersects Center Street and Lawrence Street and Vesuvius Street, respectively, in the City of Ironton, County of Lawrence, State of Ohio. It is, therefore,

ORDERED, That the said The Norfolk and Western Railway Company, and George K. Lowell, Benjamin S. Warren and Thomas D. Rhodes, as Receivers of said The Detroit, Toledo and Ironton Railway Company, be and they are hereby notified and required to proceed forthwith with the work of installing an interlocking system for the protection of said crossings, after the manner and in the form set out in blue print plan marked B-55, Scheme B, prepared in the office of the Signal Engineer of The Norfolk and Western Railway Company, and filed with this Commission as a part of the complaint herein, which plan of interlocking the Commission find to be proper and safe to permit of the operation of trains and engines over said crossings without stopping, and it is hereby approved, and to place the same in operation and to continue to operate the same after its installation and such installation has been approved by this Commission; and it is further

ORDERED, That the cost of providing and installing such interlocking system shall be paid seventy-five (75) per cent. by said complainant, The Norfolk and Western Railway Company, and twentyfive (25) per cent. by said defendant, The Detroit, Toledo and Ironton Railway Company, or by its receivers as such. The complainant, the said The Norfolk and Western Railway Company, to have full charge and direction of the purchase and installation of said interlocking plant, and to bill against said defendant, The Detroit, Toledo and Ironton Railway Company, or its said receivers, at proper intervals for their proportion of such initial cost of said interlocking system and the installation thereof; and it is further

ORDERED, That the cost of maintenance and operation of such interlocking system, when completed and in operation, shall be paid. seventy-five (75) per cent. by said complainant, The Norfolk and Western Railway Company, and twenty-five (25) per cent. by said defendant, The Detroit, Toledo and Ironton Railway Company, such operation and maintenance of said interlocking system to be in charge of and under the direction of The Norfolk and Western Railway Company, which shall at intervals of thirty days, bill against said defendant, The Detroit, Toledo and Ironton Railway Company, for its proportion of the cost of operation and maintenance of said interlocking system for the preceding thirty days; and it is further

ORDERED, That the work of installing said interlocking system shall be completed, and the same placed in operation within ninety. (90) days from the date of this order.