CLAIMS Texarkana Brick Co. VS. LITTLE ROCK, ARK., April 13, 1904. St. Louis Southwestern Ry. Co. It is on this day ordered that the St. Louis Southwestern Railway Company be notified, to appear before the Railroad Commission of Arkansas and show cause, if any, why a penalty should not be assessed for making charges in excess of the Switching Rates of the Commission. NOTE. The complainant in this case is located at Fouke's Brick Yard, a point located on the St. Louis Southwestern Railway, 11⁄2 miles north of Texarkana, and petitions the Commission to make a switching rate into Texarkana on business for that point proper, and for points in Arkansas beyond. Investigation discloses that while the point is only a mile and a half distant from Texarkana, it is a station on the Cotton Belt Railroad, and as such should demand the single line mileage rates to points on the St. Louis Southwestern Railway, and the joint freight rates of the Commission on business destined to points in Arkansas beyond the line of the St. Louis Southwestern Railway. The formal order of the Commission follows: LITTLE ROCK, ARK., April 26, 1904. This being the day heretofore set for the hearing of this cause, J. D. Watson appeared for the St. Louis Southwestern Railway Company, the Brick Company being represented by R. L. Spencer, and it was by consent decided by the Commission to continue the further hearing of this matter until Tuesday, May 24, 1904, and the defendant is given leave to file answer on or before the 10th day of May, 1904. LITTLE ROCK, ARK., July 12, 1904. This being the day heretofore set for the further hearing of this matter, the St. Louis Southwestern Railway Company appeared by their Division Freight Agent, J. D. Watson, and the Texarkana Brick Company was represented by R. L. Spencer, Manager of Texarkana Freight Bureau, and after hearing the statements of said Watson and Spencer, and the Commission being well and sufficiently advised in the premises, it is on this day decided by the Commission that on Arkansas local traffic to Fouke's Brick Yard, Arkansas, the Commission's single line rates will apply on shipments from points on the St. Louis Southwestern Railway, and two line rates or three line rates, as the case may be, will apply from points on other railroads, using the Commission's Joint Through Freight Tariff No. 1-Arkansas. LITTLE ROCK, ARK., January 26, 1904. J. I. Porter Lumber Co. VS. Jonesboro, Lake City & Eastern R. R. Co. Now on this day it is ordered by the Commission that notice be issued to said road that it appear before the Railroad Commission of Arkansas at its office in the City of Little Rock, at 10 o'clock A. M., Tuesday, March 8, 1904, then and there to answer a complaint filed against said road by the J. I. Porter Lumber Company of Rison, Arkansas, for overcharge on shipment of five cars yellow pine lumber from Rison, Arkansas, to Blytheville. NOTE. In this case, the complainant, J. I. Porter Lumber Company of Rison, Arkansas, presents to the railroads interested, through the Commission, claims for overcharge on several shipments. The Commission issues notice to the railroads to appear and answer the complaint. Through the Commission, the parties agree upon the rate, the matter is settled, and the Commission orders that the case be dismissed. LITTLE ROCK, ARK., April 26, 1904. On this day the Commission finding that the amount of the overcharge had been refunded to the complainant, and the defendants having made satisfactory explanation of the overcharge, the cause is dismissed. Lena Lumber Co. VS. LITTLE ROCK, ARK., May 10, 1904. Choctaw, Oklahoma & Gulf R. R. Co. NOTE. The Lena Lumber Company operate a lumber mill at Lena, Arkansas, a point about three miles distant from Benton, Arkansas, a junction of the Rock Island and Iron Mountain Systems. The complainants allege that the Standard Distance Tariff rates work an undue hardship in this instance, and that a switching rate should apply upon shipments between Lena and Benton, and in the hearing it is shown that the minimum rate provided in Commission's Tariff is for a haul of five miles and under, and the Commission finds that a rate of $3.00 per car is a just and reasonable rate for the service, and orders this rate put in. LITTLE ROCK, ARK., May 10, 1904. On this day came the Choctaw, Oklahoma & Gulf Railroad Company, by its General Freight Agent, H. W. Morrison, and its Attorney, T. S. Busby, in answer to a notice heretofore served upon said road requiring them to appear and answer why a penalty should not be assessed against them for disobedience of the rules of this Commission in making overcharge from Lena, Arkansas, to the connection of said Choctaw, Oklahoma & Gulf Railroad with the Little Rock & Hot Springs Western Railway at Benton, and it appearing to the Commission that a just and equitable rate of charges between said points would be $3.00 per carload on lumber, it is considered and ordered that the rate of $3.00 per car be fixed for shipping between the two above-mentioned points, to take effect at once, and it is. further ordered that the complaint against said road be dismissed. LITTLE ROCK, ARK., May 24, 1904. Consumers' Cotton Oil Company VS. St. Louis, Iron Mountain & Southern Railway Co. Claim for overcharge on shipments of cottonseed from points. on the Eldorado and Bastrop division of Iron Mountain Railway to Little Rock prior to March 1, 1904. It appearing that the St. Louis, Iron Mountain & Southern Railway Company had charged on certain shipments of cottonseed from points on the Eldorado and Bastrop Railroad to Little Rock prior to March 1, 1904, in excess of the joint rates fixed by the Commission, it is on this day ordered that said St. Louis, Iron Mountain & Southern Railway Company be cited to appear before the Railroad Commission of Arkansas, on Tuesday, June 7, 1904, then and there to show cause, if any, why the Commission's Joint Through Freight Tariff No. 1, Arkansas, was not applied on said shipments prior to March 1, 1904, and the Secretary is instructed to send to said road a copy of the following notice: To the St. Louis, Iron Mountain & Southern Railway Co.: You are hereby notified to appear before the Railroad Commission of Arkansas, at its office in the City of Little Rock, at 10 o'clock A. M., Tuesday, June 7, 1904, then and there to show cause why the Commission's Joint Through Freight Tariff No. 1, Arkansas, was not applied on certain shipments of cottonseed from points on the Eldorado and Bastrop Railroad to Little Rock, prior to March 1, 1904. LITTLE ROCK, ARK., August 9, 1904. This cause coming on for hearing, the St. Louis, Iron Mountain & Southern Railway Company was represented by Ben S. Johnson, Attorney, and D. E. King, Division Freight Agent, who insisted that the Iron Mountain Railway Company did not receive all the charges arising from the shipments of cottonseed in question, but that the Construction Company received a part thereof, for which the Iron Mountain Railway Company is in no way responsible, and it appearing on the face of the papers that the burden of proof is on said Iron Mountain Railway Company to show that they did not receive all the charges arising from said shipments, it is on this day ordered that this cause be continued until the next regular meeting of the Commission, Tuesday, September 13, 1904, with leave to defendant to show that they did not receive all the charges on the shipments in question. LITTLE ROCK, ARK., September 13, 1904. This matter coming on for hearing, the St. Louis, Iron Mountain & Southern Railway Company appeared by its. Attorney, B. S. Johnson, and its Division Freight Agent, D. E. King, and the Consumers' Cotton Oil Company appeared by its Cashier, E. S. Goss, and A. R. Bragg, Manager of the Merchants' Freight Bureau of Little Rock, and after hearing the statements of said railroad company by its representatives, and the statements of said Oil Company by its representatives, and the Commission being well and sufficiently advised in the premises, doth hereby order and direct that the further hearing of this cause be continued until the next regular meeting of the Commission, Tuesday, September 27, 1904, and it is further ordered that the agent of the St. Louis, Iron Mountain & Southern Railway Company at Eldorado, Arkansas, be notified to appear at that time and bring all |