rates in effect on the same traffic from Pueblo to San Francisco. Other examples of rate changes which might require further action in this case could easily be cited. Various other practicable but roundabout routes exist to San Francisco from Chicago, New York, and other points in the east, over which traffic may be induced by rates much lower than those now in effect. Any considerable rate changes over these roads may, on suitable showing, require some readjustment at Pueblo. The Commission had occasion to say in its report and opinion in this Colorado case that

The action of a carrier in diverting through traffic from a shorter route over which it participates in carriage, so as to secure for itself greater aggregate revenue through a long haul by a different route over which it is also engaged in transportation, sometimes results in discriminations and prejudices both as to rates and facilities; and inequality in treatment of shippers and localities, having no other jurisdiction than this end, is indefensible.

The methods adopted by carriers in making and publishing rates on traffic from Eastern points to the Pacific Coast were criticised by the Commission in this case, and the carriers were notified in the report and opinion to remedy the defective character of their rate schedules both as to form and contents without delay.

DISCRIMINATION IN REDUCED PASSENGER RATES TO MINISTERS OF RELIGION.

The complaints in cases brought by Edgar W. Emerson against the Chicago, Rock Island and Pacific Railway Company and the Chicago and Northwestern Railway Company alleged that they were in the habit of giving reduced passenger rates to some ministers of religion, but that they refused such reduced passenger rates to ministers of the spiritualist faith, to which denomination the complainant belongs, and he claimed that such refusal was in violation of the provisions of the act to regulate commerce. These cases arose under that portion of the twenty-second section of the statute which provides that "Nothing in this act shall be construed to prevent railroads from giving reduced rates to ministers of religion," and the complainant's claim was, in effect, that where carriers do allow lower rates to any members of this class of the public, they must give such reduced rates of fare to all persons who belong to that class. The carriers had certain regulations in force in regard to the issuance of permits for reduced rates to ministers, and it appeared from the evidence that the complainant did not make application in either case in such manner as to establish his identity or to give the officers of the defendants suitable opportunity to examine his credentials; neither did it affirmatively appear that either company would have refused to issue the trip permit sought by complainant if

he had taken time and pains to properly apply therefor. The essential fact of discrimination not having been proved, motions to dismiss the complaints were granted.

CONCESSION OF RELIEF BY CARRIERS AFTER FILING AND SERVICE OF COMPLAINTS.

The Pioneer Furniture Company, of Eau Claire, Wis., complained against carriers between Chicago and Minneapolis or St. Paul, and also serving Eau Claire, Marshfield, and Neillsville, Wis., that the relation of rates in force on bedroom suits from the three places last named to Chicago and to St. Paul or Minneapolis was unjust and unreasonable, and that the rates from Eau Claire to Chicago, St. Paul, and Minneapolis on bedroom suits in carloads were also unjust and unreasonable in themselves. It was further alleged that under the rates complained of, the complainant, its furniture traffic and the city of Eau Claire, were subjected to unjust discrimination and undue prejudice and disadvantage in favor of and to the unreasonable preference and advantage of manufacturers, dealers, and shippers at Marshfield, Neillsville, and other points in Wisconsin. The rate on bedroom suits from Eau Claire to Chicago was 25 cents, while a rate of 173 cents was charged from Marshfield or Neillsville to Chicago. On traffic shipped to St. Paul or Minneapolis the rate from Eau Clare, Marshfield, or Neillsville was the same-17 cents per 100 pounds. The complainant also demanded reparation. After service of the complaint and before the case was at issue the same rate was put in effect from Eau Claire as that in force from Marshfield or Neillsville to Chicago, and the parties filed a stipulation for dismissal of the complaint.

The Fruit Growers' Association of the State of Illinois complained that the Illinois Central Railroad Company unlawfully charged from certain stations in southern Illinois 71⁄2 cents per 100 pounds in addition to their regular tariff rates on fruit and vegetables when the traffic was carried in refrigerator cars. The complaint was served, answer of the carrier was filed, and the case set for hearing at Chicago in May last; but when the case was called for hearing it appeared that a settlement had been agreed upon by the parties, resulting in a reduction of 4 cents per 100 pounds in the rate on sweet potatoes loaded in refrigerator cars. A statement agreeing that the case should be discontinued was filed by the manager of the complaining association, and an order was entered accordingly.

Rufus J. Paine, a manufacturer of soap and dealer in soap-making materials, at Mansfield, Mass., complained against the New York, New Haven and Hartford Railroad Company that its agent at Mansfield refused to receive from him a lot of bones and tallow, properly packed and marked, and in good condition, for transportation to Providence, R. I., and that complainant was thereupon obliged to transport the same to Providence

by team; that defendant's Mansfield agent had also at another time refused to receive from complainant for transportation to Providence 10 barrels of tallow in fit and proper condition for shipment. Complainant also alleged that on the same days he shipped other material of like description over defendant's road from West Mansfield. The complainant demanded reparation, and filed an itemized statement of damage. The defendant denied that the shipments offered at Mansfield were in fit or proper condition for transportation, but it subsequently offered to pay the damage claimed, and the complaint was withdrawn.

The complaint of Edward M. Oxley, of New York City, against various roads leading west from Buffalo, charged that the defendants, by exacting a rate of $2.50 per ton from Buffalo to Chicago on freight delivered to them by canal at Buffalo, while they participated in an allrail rate from New York to Chicago on the same classes of goods which, after deducting lighterage charges, amounted to only $2.60 per ton, subjected shippers of canal freights from Buffalo, especially when such canal freights originate at New York Harbor points, to unjust discrimination and undue and unreasonable prejudice and disadvantage. These canal freights were afterwards specified in an amended petition to consist of caustic soda, salt, bleach, soda ash, sal soda, sulphate of soda, silicate of soda, cement, clay, brimstone, sulphur, pitch, and tar. The defendants denied that the rates complained of were unlawful. Subsequently, material reductions were made by the carriers, and the complainant, in January of the present year, filed a statement expressing satisfaction.

HEARINGS AND INVESTIGATIONS.

In addition to the general sessions held at Washington during the year, hearings have also been held and investigations made by the Commission, or one or more of its members, at Chicago, Ill.; Omaha, Nebr.; Kearney, Nebr.; St. Louis, Mo.; Kansas City, Mo.; Lynch burg, Va.; Milwaukee, Wis.; Walla Walla, Wash.; Portland, Oreg.; San Francisco, Cal.; Denver, Colo.; Atlanta, Ga.; Tupelo, Miss.; Piedmont, Ala.; Buffalo, N. Y.; Syracuse, N. Y., and New York, N. Y. Several visits were made to some of these places.

One of these investigations was that of a complaint brought by George J. Kindel in his own interest and also on behalf of the city of Denver. The case involves questions as to the legality of rates in both directions between Denver, Colo., and the Pacific Coast, and between Denver and the East. It was alleged against the carriers that freight rates generally to and from Denver were unreasonable and unjust in themselves and relatively, as compared with each other and with rates applying through Denver between San Francisco or other Pacific Coast points and Chicago, St. Louis, Kansas City, or other eastern points. Rates to and from Denver were also alleged to be greater than those charged by the defendant carriers over longer distances through Denver in the same direction and in violation of the fourth section of the law.

A large amount of testimony was taken at hearings held at Denver and Chicago in April and May last, and the parties were allowed time to prepare and file briefs.

In the month of October carriers from the East to Denver became involved in a rate war, during which rates on Class 5 and Classes A to E inclusive, were made the same, and this common rate to Denver became reduced as low as 30 cents per 100 pounds from Chicago, 25 cents from St. Louis, and 20 cents from Omaha or Kansas City. The rates previously in effect on the same traffic from Chicago ranged from 51 cents to $1.07, according to class. These low rates were limited to Denver and other so-called Colorado common points, such as Pueblo, Trinidad, and Colorado Springs; and very much higher rates were consequently in force to intermediate points on the same line. The Commission, on October 22, issued an order directing that these prima facie violations of the fourth section be made the subject of an inquiry and investigation, and that the carriers file answer to the charges therein set forth. Since this latter proceeding was instituted the rate war has been discontinued, but the new tariffs in force show rates from the East to Denver on all classes of freight which are from 5 to 20 cents per 100 pounds less than charges in effect before the rate war commenced.

The case of the Colorado Fuel and Iron Company, hereinbefore mentioned, was also heard at the sessions held in Denver and Chicago when the Kindel case was tried.

The Missouri River has long been used by the carriers as a common competitive or basing line, and rates to stations situated in the interior from that river have been charged rates which are a combination of the through rate to the Missouri River and the local rate therefrom to the point of destination. In 1894 rates to Missouri River points from the East were materially increased through concerted action of the carriers. The legality of charges in force for the transportation of property to Omaha, Kansas City, and other Missouri River points, and of such combination rates in effect both from eastern points and from the Pacific Coast to Kearney, Nebr., was questioned in complaints filed on behalf of Kearney by A. J. Gustin, a resident of that city, and these cases, together with another brought by the same complainant, and relating to coal rates from Colorado mines to Kearney, were heard by the Commission at Kearney, Omaha, and Chicago in April and May of this year, but the cases were held open in order to afford opportunity for oral argument at a date convenient to the parties.

A case brought by the Omaha Commercial Club against carriers east and west of the Missouri River at that point was heard at Omaha and Washington. The general ground of complaint is that goods shipped to points in Iowa from Omaha are charged rates higher than those in force to the same points from Council Bluffs, while on traffic from Council Bluffs and Omaha to points in Nebraska the rates are the same. The higher rates from Omaha than from Council Bluffs to Iowa

points are based largely on the bridge charge between the two places, but on shipments west from Council Bluffs the bridge charge or arbitrary is absorbed.

An important case also brought on behalf of Omaha, and heard during the year at that city, Kansas City, Chicago, and Washington, relates to rates on live cattle from Texas points to Omaha as compared with such rates to Kansas City, Chicago, and other points. This case involves, besides or in connection with the legality of the rate adjustment complained of, questions relating to the propriety under the law of certain transit privileges, such as grazing or feeding in transit, trying the market in transit, or reshipping in transit.

The investigation of a complaint filed by the Milk Producers' Protective Association, an association of milk producers at points comparatively near to the city of New York, against carriers engaged in transporting milk for daily consumption in that city, is in progress at the date of this report. The complaint alleges that the near-by farmers are charged unreasonable and unjust rates, unjustly discriminated against, and unduly prejudiced under the carriers' practice of charging a uniform rate from all milk-shipping stations to their respective terminals at Jersey City, Hoboken, or Weehawken, N. J., regardless of distance, and that undue and unreasonable preference and advantage are thereby given to milk producers and shippers at much more distant points. The group rates mentioned in the complaint are 32 cents per can of milk and 40 cents per can of cream, and milk stations from which daily shipments are made are distant from these New York terminals as much as 300 miles,

The foregoing are some of the more important investigations in which the Commission has been engaged during the year.

INFORMAL COMPLAINTS.

The investigation of informal complaints, of which a large number are received yearly, occupies a large portion of the time of the Commission and constitutes an important branch of its work. As stated in former reports, these investigations result in many cases in summary relief to complaining parties. Shippers and consignees are also, without trouble or expense to them, timely advised when their complaints are founded upon misapprehension of facts or of the legal duty of carriers under the law. Again, shippers are enabled, when the informal investigation fails to result in satisfactory adjustment, to consider the advisability of taking formal action against the carrier in the light of facts brought out through this method of preliminary examination and correspondence.

For the purpose of illustration, a few of the informal investigations made during the year are described below:

On shipments of rough marble from a point in Georgia to Philadelphia the initial road had published a tariff via Atlanta which named a through rate of 383 cents. The complainant shipped under this