has been no adequate freight service established for the distribution. and carriage of freight in less than carload lots.

That between six thousand and ten thousand people reside along the line of said railroad who are deprived of the advantages that would result if adequate passenger and freight service should be established. and maintained on said railroad; that said service would be especially advantageous to complainant and to the citizens residing along said railroad.

Wherefore the complainant prays that the aforesaid defendants be required to answer the charges herein and that after due hearing and investigation an order be made commanding said defendants to furnish and maintain reasonable and adequate passenger service for the transportation of persons along said road, consisting of at least two trains between Adena and Neffs each way a day, and furnish and maintain reasonable and adequate freight service for the transportation of property in less than carload lots, and for such other and further order as the Commission may deem necessary and just in the premises.

This matter has been heard, but decision is withheld pending the filing of briefs by the parties.

137. McMorran Brothers & Company, et al., Complainants, versus The Toledo and Ohio Central Railway Company, Defendant. Grant McMorran, for Complainants; Frank S. Lewis, for Defendant.

At the investigation fixed by the Commission upon the filing of the following petition, bearing the signatures of McMorran Brothers & Company and one hundred and seventy-eight others,

"We, the citizens of McMorran, Ohio, and immediate vicinity, petition your honorable Commission to require and compel The Toledo and Ohio Central Railway Company to construct a suitable platform for receiving and discharging passengers, baggage, express and all kinds of parcel freights at McMorran, Logan County, Ohio, on the line of the St. Marys Branch of The Toledo and Ohio Central Railway; also to compel them to stop all their local passenger trains on flag and to provide an adequate waiting room for passengers.

"We deem this necessary for the welfare of the community at large, due to the fact that it embraces quite a scope of territory which has not adequate transportation facilities. Moreover it will be a pledge fulfilled by the original builders of this branch of the Toledo and Ohio Central Railway, which pledge has never been kept.

"We earnestly solicit your immediate action, as we consider this of much advantage and convenience to the people of the vicinity of McMorran's station."

the Commission continued further hearing in the matter to January 10. 1912, upon the consummation of the following agreement between the parties:

"And thereupon it was stipulated by and between the complainant and the defendant herein that this cause shall be continued until the first day of February, 1912, providing thirty days notice before February 1st, 1912, is served upon both The Public Service-Commission of Ohio, and the complainant herein, The McMorran Brothers & Company, by the defendant herein, The Toledo and Ohio Central Railway Company, for the purpose of securing a hearing upon the question of the revenue and the conditions existing in connection with the construction of a platform and the stopping of passenger trains at the point known as McMorran.

"It is further stipulated and agreed that until said date, February 1st, 1912, less than carload business shall be taken care of at McMorran station for both inbound and outbound traffic, according to the usual rules governing non-agency stations.

"It is further stipulated and agreed that the conditions of this contract shall be complied with on or before August 1st, 1911, it being understood that the defendant herein, The Toledo and Ohio Central Railway Company, shall stop its regular passenger trains on flag, such practice to be commenced not later than August 1st, 1911."

138. The Canton Hughes Pump Company, The Wooster Shale Brick Company and Gray & Smith, Complainants, versus The Baltimore and Ohio Railroad Company, and the Pennsylvania Company as the Lessee of, and as the Operator of The Pittsburg, Fort Wayne and Chicago Railway Company, Defendants.

The complaint in this proceeding is as follows:

The complainants say that The Canton Hughes Pump Company is a corporation organized under the laws of the State of Ohio, having its principal place of business at Wooster, Ohio.

The Wooster Shale Brick Company is a corporation incorporated under the laws of the State of Ohio, having its principal place of business in Wooster, Ohio.

Gray & Simth are a partnership composed of Adam Smith and Charles M. Gray and engaged in the business of manufacturing and

selling flour and in buying and selling and shipping and receiving wheat, flour and feed in carload lots, having its principal place of business at Wooster, Ohio.

That the above named The Baltimore and Ohio Railroad Company is a common carrier engaged in the transportation of persons and property by railroad between points in the State of Ohio.

That the above named Pennsylvania Company is a common carrier and the lessee of and is operating The Pittsburg, Fort Wayne and Chicago Railway Company, engaged in the transportation of persons and property by railroad between points in the State of Ohio.

That the said defendants, and each of them, have wholly failed. in the City of Wooster, Wayne County, Ohio, and in the immediate vicinity thereto, to furnish and provide reasonable and proper facilities for the interchange of traffic between their respective lines, and for forwarding and delivering freight and property. Both of said defendants have wholly failed to provide switching facilities and tracks necessary for an interchange of traffic and for transferring and delivering freight in carload lots and empty cars for loading freight.

That the said defendant railroad companies cross each other in the immediate vicinity of the city of Wooster and that the said Pennsylvania Company has wholly failed to provide and furnish means for receiving empty cars for loading and loaded freight cars from The Baltimore and Ohio Railroad Company for delivering to switches in the city of Wooster, connecting the plants of the respective plaintiffs with the Pennsylvania Railroad Company. Said empty cars for loading being destined when loaded to points on the Baltimore and Ohio Railroad and connecting points.

That the said Baltimore and Ohio Railroad Company has wholly failed to provide and furnish means for receiving empty cars for loading as well as loaded freight cars from the Pennsylvania Railroad Company destined for switches of The Wooster Shale Brick Company and connected with The Baltimore and Ohio Railroad Company. Said empty cars when loaded being destined for points on the lines of the Pennsylvania Company and its connecting points.

That the said Pennsylvania Company has wholly failed to provide and furnish means for receiving from The Baltimore and Ohio. Railroad Company empty cars to be placed for loading on switches of the respective plaintiffs connected with the Pennsylvania Railroad Company as well as to provide means to return said cars when loaded to The Baltimore and Ohio Railroad Company for transportation to points on its own or connecting lines.

That the Baltimore and Ohio Railroad Company has wholly failed to provide and furnish means for receiving empty freight cars from the Pennsylvania Company to be placed for loading on the

6-R. C.

switches of The Wooster Shale Brick Company, which are connected with The Baltimore and Ohio Railroad Company, and had wholly failed to provide means to return to the Pennsylvania Railroad Company the said cars when loaded. Said cars being destined for points on the Pennsylvania Company lines or lines connecting therewith.

That each of said defendants have wholly failed to furnish and provide reasonable and proper facilities for the interchange of loaded freight cars from each of the defendants respectively to the other of said defendants from points within the city of Wooster, or the immediate vicinity and destined to points within the city of Wooster or the immediate vicinity.

All of said acts being in violation of the laws made and provided for, especially of section 522, General Code of Ohio.

Wherefore, the petitioners pray that the aforesaid Railroad Companies be required to answer the charges herein set out; that the Railroad Commission will hold an investigation of the charges herein made; that an order be made commanding the said defendant Railroad Companies to cease and desist from said violations of the laws herein complained of; that the said defendant Railroad Companies be required to construct the necessary switches to interchange traffic and empty cars for loading between the two companies; that The Baltimore and Ohio Railroad Company be required to switch loaded and empty freight cars from the Pennsylvania Company lines to switches. connecting with The Baltimore and Ohio Railroad Company lines, and that The Baltimore and Ohio Railroad Company be required to receive from the Pennsylvania Company empty cars to be placed on switches of the plaintiffs connected with The Baltimore and Ohio. Railroad Company for loading, said cars when loaded be destined for points on the Pennsylvania Company lines or its connecting lines; that the Pennsylvania Company be required to switch loaded and empty freight cars received from The Baltimore and Ohio Railroad Company and destined for points in the city of Wooster on the Pennsylvania Lines and for switches of the plaintiffs in the city of Wooster connecting with the said Pennsylvania Company lines; that said empty cars so received for loading and when loaded be destined for points on The Baltimore and Ohio Railroad Company and its connecting lines; and that the said companies be required to receive and interchange and switch loaded and empty freight cars for each other; that each of said defendants be required to receive from the other respectively loaded freight cars from points within the city of Wooster or the immediate vicinity destined to points within the city of Wooster or the immediate vicinity; and such other and further relief as the Commission may deem necessary in the premises.

The separate answer of The Baltimore and Ohio Railroad Company in this proceeding reads as follows:

"The Baltimore and Ohio Railroad Company admits that the plaintiffs, The Canton Hughes Pump Company and The Wooster Shale Brick Company are corporations, as alleged, and that the defendants are railroad corporations, as alleged, and that this answering defendant's co-defendant is a lessee, as alleged; that said railroad companies are engaged in the transportation of persons and property over their said lines; that this answering defendant's railroad crosses over the railroad of The Pittsburgh, Fort Wayne and Chicago Railroad Company in the vicinity of the city of Wooster; but defendant denies. that the tracks of said railroad companies connect or intersect so as to admit of the passage of cars from one road to the other with facility, and denies that said tracks can be reasonably so connected, and avers that any order of this Commission requiring such connection and interchange of traffic between the said two railroads or the switching and delivery of cars from one of said railroads to the other at or in the vicinity of said city of Wooster would be unreasonable and in violation of the Fourteenth Amendment of the Constitution of the United States.

"And this defendant denies each and every allegation in the petition contained which is not hereinbefore specifically admitted to be true."

The Pennsylvania Company, co-defendant, has not as yet filed an answer in this case, which is assigned for hearing at a date subsequent hereto.

139. W. A. Gosline, Jr., and H. J. Heywood, Complainants, versus George K. Lowell, Benjamin S. Warren and Thomas D. Rhodes, Receivers, The Detroit, Toledo and Ironton Railway Company, and The Detroit, Toledo and Ironton Railway Company, Defendants. Decided July 26, 1911.

FINDING AND ORDER.

This case is submitted under the provisions of sections 579-80 of the General Code, as amended May 9, 1910, O. L. Vol. 101, page 175.

The complaint, with complainants' affidavits and exhibits, was filed June 30, 1911. The defendants are in default for answer and counter affidavits, although due notice was served upon, and acknowledged by defendant, The Detroit, Toledo and Ironton Railway