Official Classification in car-load and less than car-load quantities. Only such portions of this testimony need be referred to as seem necessary to the disposition of these cases. The general facts deemed material and important are as follows: Car-load classification for west-bound business from the seaboard was about a dozen years ago limited to a few articles, but has been extended to other articles from time to time, until the number so classified is large. In 1877 about twenty-four articles had a car-load classification; in 1880 about fifty articles: in 1884 about one hundred and forty articles; in 1887, immediately prior to the taking effect of the Act to regulate commerce, about one hundred and sixty articles. The new classification under the Act to regulate commerce embraced about nine hundred articles that might be carried in car-load quantities at lower rates than less quantities. The car-load classification in existence prior to the Official Classification, which took effect April 1, 1887, did not include the articles in contention in these cases, and hereinbefore specified. There was nominally no distinction, therefore, in rates on these articles for car-load and less than carload quantities, although the evidence shows, and the fact is notorious, that rebates, special rates, and disregard of tariff schedules were so common that the published tariffs were scarcely prima facie evidence of the actual rates charged. A much larger proportion of the articles in question is understood to be shipped under the present classification in less than car-loads than in car-loads. One jobber states the car-load shipments to be one-eighth. Sometimes full carloads are carried made up of consignments from one or more consignors to one or more consignees at the same destination, and these are usually taken at car-load rates. Such shipments are made to Pittsburgh, Columbus, Cleveland, Fort Wayne, Indianapolis, Chicago, St. Louis, and several other western cities. The classification and rates for the articles in question before April, 1887, and since that date, are shown by the following table: Table of Comparisons of Freight Rates on West-bound Traffic before and after April 1st, 1887. On basis New York to Before April. After April, 1857. 1887. Chicago. Salt in sacks.... 5 25 6 25 4 35 5 25 5 30 4 35 Molasses.. Wine.. Testimony was given to show the cost of many of the articles in question to the seaboard jobber, and the profit arising from the business. This testimony tended to show that the average cost of handling the business, including rents and all direct and incidental expenses, is five per cent. on the price paid by the jobber for his goods, and that the commercial profit on many articles is very small, and on some no profit but sometimes a loss. For example, according to some witnesses, the values, gross profits, and net profits per hundred pounds on certain articles are stated as follows: Official Classification in car-load and less than car-load quantities. Only such portions of this testimony need be referred to as seem necessary to the disposition of these cases. The general facts deemed material and important are as follows: Car-load classification for west-bound business from the seaboard was about a dozen years ago limited to a few articles, but has been extended to other articles from time to time, until the number so classified is large. In 1877 about twenty-four articles had a car-load classification; in 1880 about fifty articles: in 1884 about one hundred and forty articles; in 1887, immediately prior to the taking effect of the Act to regulate commerce, about one hundred and sixty articles. The new classification under the Act to regulate commerce embraced about nine hundred articles that might be carried in car-load quantities at lower rates than less quantities. The car-load classification in existence prior to the Official Classification, which took effect April 1, 1887, did not include the articles in contention in these cases, and hereinbefore specified. There was nominally no distinction, therefore, in rates on these articles for car-load and less than carload quantities, although the evidence shows, and the fact is notorious, that rebates, special rates, and disregard of tariff schedules were so common that the published tariffs were scarcely prima facie evidence of the actual rates charged. A much larger proportion of the articles in question is understood to be shipped under the present classification in less than car-loads than in car-loads. One jobber states the car-load shipments to be one-eighth. Sometimes full carloads are carried made up of consignments from one or more consignors to one or more consignees at the same destination, and these are usually taken at car-load rates. Such shipments are made to Pittsburgh, Columbus, Cleveland, Fort Wayne, Indianapolis, Chicago, St. Louis, and several other western cities. The classification and rates for the articles in question before April, 1887, and since that date, are shown by the following table : Table of Comparisons of Freight Rates on West-bound Traffic before and after April 1st, 1887. On basis New York to Chicago. Before April. After April, 1857. 1887. Articles. Cider in glass.. Cider in wood. Iron nuts, bolts and nails.. Paint in barrels.... Liquors at valuation...... Prunes in bx's, k'gs or b'gs 60 4 35 Fish, salted or pickled..... 5 4 35 4 35 2 60 4 35 4 35 4 5 25 4 Class regardless of quantity. Rate p'r hundr'd *SIL,Ş 33 33 = 33 33 ; 3 = 3 !R 3 3 14 OF OF OF A C Class when in car loads. dred lbs, ∞ 20∞∞∞ Class when in 20 66% 15 5 15 15 15 Testimony was given to show the cost of many of the articles in question to the seaboard jobber, and the profit arising from the business. This testimony tended to show that the average cost of handling the business, including rents and all direct and incidental expenses, is five per cent. on the price paid by the jobber for his goods, and that the commercial profit on many articles is very small, and on some no profit but sometimes a loss. For example, according to some witnesses, the values, gross profits, and net profits per hundred pounds on certain articles are stated as follows: These are admitted to be approximations and averages, and, as the testimony of the witnesses varied considerably, and the market prices fluctuate, exact statistics cannot be deduced from the evidence. Facts presented on behalf of the respondents are found as follows: Prior to April, 1887, when the Act to regulate commerce took effect, the principal classifications in use in the territory now covered by the Official Classification were as follows: 1. The distinctive local classifications of the several railroad companies, differing in many respects from each other. 2. The through west-bound classification, generally known as the Trunk Line West-bound Classification, for through traffic originating at seaboard cities and destined to western termini, Buffalo, Erie, Pittsburgh, Parkersburgh, &c., and to a number of competitive points, trade centres, or railroad junctions west of those terminals. 3. The East-bound Classification, which alone applied to east-bound traffic originating in the territory east of Chicago and the Mississippi river, west of the western termini of the Trunk Lines, and north of the Ohio river, destined to the western termini of the Trunk Lines and to the points east of those termini. 4. Traffic between competitive interior points in the States of New York, Pennsylvania, New Jersey, Delaware, Maryland, Virginia, and West Virginia, interchanged between the several Trunk Lines and connecting roads, was governed by the Joint Merchandise Freight Classification, which also applied to the local traffic of certain roads. 5. The Middle and Western States Classification applied to traffic between competitive interior points west of the western termini of the Trunk Lines, east of the Mississippi, and north of the Ohio river. 6. Traffic between certain points in the western States |