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The rates as established by this company in opposition to these water lines are based upon the decision of the Interstate Commerce Commission, published June 16, 1887, that competition with carriers by water which are not subject to the provisions of the statute entitles the carriers to charge less for the longer than for the shorter haul over the same line in the same direction, the shorter being included in the longer."

These rates are necessary to secure to us even a portion of the traffic; they are restricted to water competitive points, and can not be detrimental to the business interests of those points to which higher rates are charged, though the distance is less, since the traffic not taken by rail can and would go by water.

In further connection with this matter I would say that this competition has been limited on our part, thus far, to freight traffic; that the passenger traffic is such that increased train service and quick time have seemed to offset the difference in rate of fare; and in explanation of our entering into competition with these water lines for the freight traffic at such extremely low rates will say that east of Bangor there are 117 miles of this company's railroad terminating at Vanceborough, the boundary line between the United States and the province of New Brunswick, and our point of junction with the New Brunswick Railway, running east to St. John, and north to Aroostook County, the most fertile portion of the State of Maine, which finds the chief market for its products in Boston, Mass.

The movement of empty cars being from Boston east, this company and its connections have believed and do still believe that, in connection with their regular freight traffic, this competitive freight, considering its volume, can be transported in such returning cars without loss, even at the rates forced upon us by the water carriers. For the information of your commission I have attached to these papers a map of the Maine Central Railroad, and connections, showing our water competing points. I have the honor to be yours very truly,

The INTERSTATE COMMERCE COMMISSION,

PAYSON TUCKER,

Vice-President and General Manager.

Washington, D. C.

FREIGHT SCHEDULE A.-Rates in force November 1, 1887, between Boston and all stations on Boston and Maine Railroad and stations named on Maine Central Railroad.

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FREIGHT SCHEDULE B.-Rates in force November 1, 1887, between Boston and East Boston and stations named on Maine Central Railroad.

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FREIGHT SCHEDULE C.-Rates in force November 1, 1887, between St. John, St. Stephen, St. Andrews, N. B., and Portland and Bangor, Me. [Rates in cents per 100 pounds.]

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FREIGHT SCHEDULE D.-Rates in force November 1, 1887, between St. John, St. Stephen, and St. Andrews, N. B., and stations on Maine Central Railroad east of Bangor and Portland.

[Rates in cents per 100 pounds.]

Class.

First. Second Third. Fourth.

50

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All stations on main line between Bangor and Vanceborough..... 40
All stations on main line between Portland and Bangor..........

MEMPHIS AND LITTLE ROCK RAILROAD COMPANY.

DEAR SIR: Responding to your circular of October 20, I beg to state that the fourth section of the interstate commerce law is practically applied to all stations upon this line except at Devall's Bluff and Surrounded Hill, Ark., points on and near White River, upon which regular lines of steamboats running between Memphis, Tenn., and Newport, Ark., are in operation all the year round.

In connection with other railroads, rates are made in opposition to the short-haul principle between Memphis, Tenn., and Marianna, Helena, Newport, Jacksonport, Ark.; Shreveport, La.; Houston and Galveston, Tex., in order to meet water competition. I inclose herewith a table of rates to the points named, in compliance with your request, and remain,

Very truly, yours,

C. C. MCCAIN, Esq.,

Auditor Interstate Commerce Commission, Washington, D. C.

RUDOLPH FINK.

MICHIGAN CENTRAL RAILROAD COMPANY.

DEAR SIR: In reply to your circular of October 28, I would state that there is certain traffic carried by this company, both on its own line and in connection with other railroad companies, where a higher rate is charged for a lesser distance included within a longer one.

(1) Traffic to and from Buffalo, N. Y., and Goshen, Ind., carried by the Michigan Central and Cincinnati, Wabash and Michigan, via Niles. The direct line from Buffalo to Goshen is via the Lake Shore and Michigan Southern, distance 420 miles. Its rates

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In connection with the Cincinnati, Wabash and Michigan we quote the same rates as the Lake Shore and Michigan Southern, while our rates to and from Niles to and from Buffalo are

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our distance being 428 miles, Niles to Buffalo; and 458 miles, Goshen to Buffalo.

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(2) In connection with the Louisville, New Albany and Chicago Railway, we make the rates from Indianapolis to common eastern points 93 per cent. of the Chicago rate, which is the established tariff, which traffic passes through Michigan City, from which latter point the rates are the same as from Chicago.

(3) From Toledo, Ohio, to Owosso, Mich., our rates are the same as those made by the Toledo, Ann Arbor and Northern Michigan Railway, viz:

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their distance being 110 miles, our distance 201 miles, while our rates to intermediate points are higher than to Owosso; for example, Toledo, Ohio, to Mason, Mich., distance 160 miles

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(4) From Detroit and Toledo to Missouri River points-Kansas City, Atchison, Leavenworth, Saint Joseph, Omaha, and Council Bluffs-the rates are— Class: First

Second

Third.

Fourth

Fifth

Α

B

C.

110

90

65

48

38

40

37

28

25

21

D

E

made the same as the published tariff of the Wabash, Saint Louis and Pacific Railway, while from stations west of Detroit the rates are somewhat higher. As different classifications govern east and west of Chicago, it is difficult to give the exact through rates; but from Dearborn, for example, our rates to Chicago would be—

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to which would be added the published rates of the lines west of Chicago

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governed by the western classification. The roads west of Chicago decline to prorate on this traffic; therefore our through rates are quoted to Chicago, plus the published tariff thence to destination. In all the above cases illustrated this company has been governed by what it believed to be the views of the Commission, as stated in the case of the Louisville and Nashville Railroad, where the Commission refers to the rates quoted by the Pittsburgh and Lake Erie from Pittsburgh, in competition with the Pennsylvania Railroad.

(5) From Toledo, Ohio, and Chicago, Ill., to Mackinaw City and Cheboygan, Mich., this company was forced, on account of water competition, to make lower rates than obtain to intermediate points; for example, Chicago to Mackinaw City—

Class:

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distance 391 miles, while to Mullet Lake, distance 369 miles, the rates are

Class:

First

Second

Third

Fourth

Fifth..

Sixth.

Similarly, Toledo to Mackinaw City, distance, 347 miles

Class:

First

Second

Third.

Fourth..

Fifth-

Sixth..

Toledo to Mullet Lake, distance, 325 miles

Class:

First..

Second

Third

Fourth

Fifth

62

52

42

31

24

22

50

40

30

24

20

17

50

47

40

34

29

24

Sixth.

It is believed by this company that the combating circumstance of water competition justifies the charging of the higher rate for the lesser distance.

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DEAR SIR: Your circular letter of October 20, addressed to J. C. Spencer, our vicepresident, has been referred to me for reply.

I desire to call your attention to copies of correspondence which passed between Chairman Cooley and myself in April last, regarding the point in question.

There is no point on our line excepting at Beaver, Ellis Junction, and Porterfield, where we charge more for a shorter than for a longer haul.

We, as stated in our communication of April 5, believe we are justified in doing this, by reason of the fact that all of these stations are north of Menominee, and would have no claim for equal rate were it not for the fact that our line, as constructed, reaches Menominee in a roundabout manner, which line was constructed prior to the passage of the interstate bill.

Inclosed herewith are copies of our tariffs showing the relative rates to Beaver, Ellis Junction, Porterfield, and Marinette, and Menominee.

Yours truly,

J. C. FORESTER, General Freight Agent.

C. C. MCCAIN, Esq.,

Auditor Interstate Commerce Commission, Washington, D. C.

MILWAUKEE AND NORTHERN RAILROAD COMPANY,
GENERAL FREIGHT DEPARTMENT,
Milwaukee, April 5, 1887.

GENTLEMEN: I hand you herewith a map of the State of Wisconsin, showing the line of this road, and beg leave to ask your consideration of the following statement of facts: At Marinette, Wis., and Menominee, Mich., there is a very large quantity of lumber manufactured, which, owing to the location of these points on the shores of Lake Michigan, has uniformly been transported to Chicago and Milwaukee by water, either for local consumption or for reshipment west, and to secure a share of this and other business we have for the past two years adopted the policy of making a lower rate between Marinette and Menominee and Chicago and Milwaukee than we make between points south of Marinette to and including Coleman and Chicago and Milwaukee.

We have construed section 4 of the interstate-commerce act, which inferentially permits a less charge for a longer than for a shorter haul where the circumstances and conditions are not similar, as giving us authority to make a less charge Chicago or Milwaukee to Marinette and Menominee than to Ellis Junction, as we maintain that by reason of Marinette and Menominee having direct water communications with Milwaukee and Chicago, the circumstances and conditions are not similar to those at Ellis Junction, which does not enjoy these natural advantages and would have nothing on which to base a claim for an equal rate were it not for the fact that this line, as constructed, reaches Marinette and Menominee in a somewhat roundabout way.

Acting on the above construction of section 4 we are preparing tariffs, which, in some instances, show a lower rate to and from Marinette and Menominee than to points south; and as we desire to conform strictly to the provisions of the law we would ask if our construction of section 4 will be approved by you. We desire to shape our action in conformity with the provisions of the law, and, if we err, to take an appeal as soon as possible and prepare our arguments for authority to charge less for a longer than for a shorter haul in the instance cited.

Requesting an early reply, I am, very respectfully, yours,

The INTERSTATE COMMERCE COMMISSIONERS,

J. C. FORESTER, General Freight Agent.

Washington, D. C.

THE INTERSTATE COMMERCE COMMISSION,
Washington, D. C., April 23, 1887.

DEAR SIR: Yours of the 5th instant has been laid before the Commission, but does not seem to call at present for any action at its hands.

Very respectfully, yours,

J. C. FORESTER, Esq.,

General Freight Agent Milwaukee and Northern Railroad Co.

T. M. COOLEY.

Chairman.

MISSISSIPPI AND TENNESSEE RAILROAD COMPANY.

DEAR SIR: Your favor 20th instant relative to making of rates and effect of same as to fourth clause of interstate law.

The Mississippi and Tennessee Railroad is 100 miles in length. The terminals are Memphis, Tenn., and Grenada, Miss. Ten miles of the road is in the State of Tennessee and 90 miles in the State of Mississippi.

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