This construction is favored by section 6, that the O. & C. road and the steamers of the
part 5, which requires joint tariffs to be filed O. R. & N. Company in the carriage of the
with the Commission. The next clause re- goods in question are not 'used under any
quires copies of all contracts, agreements and common control, management or arrangement
arrangements between carriers to be filed. If for a continuous carriage or shipment thereof,
the joint tariffs constitute an “arrangement,' to and from San Francisco, within the intent
the last clause is tautological. The section and meaning of the Act, and that the carriage
contemplates an arrangement" independent and handling of said goods, so far as the re
of joint tariffs; and when it does exist then ceiver is concerned, is performed wholly with
joint tariffs become important in order that in the State, and therefore specially exempted
the Commission may know whether they are by the terms of the Act from its operation,
reasonable or not; and, second, they shall not provided the same are not directly shipped to
be raised without ten days' notice, which or from a foreign country.”
shows that the object of the publication of II, If it shall be held that a joint tariff con-
joint tariffs is an advertisement to the public stitutes “an arrangement for a continuous car-
of what the rates are, and nothing more. riage or shipmeni," then the inquiry arises,
It

may therefore be assumed safely that the What is meant by the words 'same line" in the
joint tariffs referred to in the petition do not fourth section of the Law?
constitute an “arrangement for a continuous It cannot mean continuous trackage, for that
carriage or shipment," within the meaning of would make all the railroads in the country
the first section of the law; and the defendant the same line."
roads, except in so far as they are controlled The words must probably be construed with
by one another, are not subject to the Inter- reference to the first section of the Law. The
state Commerce Law. The Central Vermont line must be a road or roads, or road and water
has nothing to do with the roads south of carriage, subject to a common management or
White River Junction, Vermont, nor they control, or between which there is an arrange-
with the Central Vermont, except to deliver ment for a continuous carriage or shipment.
to one another freight "for a continuous car- Nothing less will make a line. The case shows,
riage” by virtue of a legal duty.

as before stated, that the Central Vermont is Atchison, etc. R. R. Co. v. Denver, etc. R. R. managed by its own board of directors, and noCo. 110 U. S. 667 (Bk. 28, L. ed. 291).

body else. So of the Concord. So of the The decision made by Judge Deady on this Lowell and Boston. So of the Grand Trunk, subject in Ex parte Kohler is instructive. It But joint tar exist, as will hereinafter be is reported in 1 Interstate Com. Rep. 28. The stated. Now if a joint tariff makes an "arhead notes are as follows:

rangement for a continuous carriage or ship"The transportation of property from one ment” and so makes a line within the meaning State to another is Interstate Commerce, of the fourth section of the Law, another joint whether the carriers engaged in moving it, tariff, although embracing the roads within or the vehicles on which it is borne, cross the the first line, constitutes another and different line of the State or not.”

line, if it embraces other and additional roads "This Act does not include or apply to all making a much longer line. The additional carriers engaged in Interstate Commerce, but roads do not participate in the shorter line. only such as use a railway, or a railway and The two tariffs embrace different distances, water craft, 'under common control, manage different roads, and therefore make different ment or arrangement for a continuous carriage lines, and in the cases at bar are intended to or shipment of property from one State to cover entirely different traffic. another; nor does it apply to the carriage of One petition is that the Boston & Lowell, property by rail wholly within the State, al. Concord, Central Vermont, and Ogdensbugh though shipped from or destined to a place & Lake Champlain make a joint tariff from without the State, so that such place is not Boston to Ogdensburgh for six classes of within a foreign country.

freight. "The 0. R. & N. Company carries certain If these roads are a line at all within the kinds of goods on its steamers forth and back meaning of the fourth section of the Law, it is between Portland and San Francisco at special by virtue of this joint tariff, and nothing else. and reduced rates; the O. & C. Railway, under There is no common management or control. the management of the petitioner, carries the The petition also alleges that the Central same kinds of goods forth and back between Vermont Line of steamers make a joint tariff Portland and Ashland and way stations, in from Boston via the aforesaid roads to Cleve. Oregon, at special and reduced rates; the 0. land and Detroit, Port Huron, Milwaukee and P. Railway Company carries the same kinds Chicago at less rates than are charged by the of goods forth and back between certain points joint tariff first aforesaid from Boston to Og. on the line of the O. & C. road and San Fran- densburgh. Suppose they do; this makes a cisco, via its railway from Albany to Yaquina different line. It is not the same line as the Bay, and then thence by steamer, at reduced one from Boston to Ogdensburgh. They are rates, and thereby competes with the O. & C., not identical, and they must be, to be the same and the 0. R. & N. for business between said line. Besides, the first line embraces traffic points and San Francisco. The 0. R. & N. between Boston and Ogdensburgh only, which and the receiver of the 0. & C. act independ. makes another difference. The consequence ently, although concurrently, in making these is that the rates from Boston to Ogdensburgh reduced rates; but no through bill of lading or are not made over the same line as the rates freight receipt is given, nor is either interested from Boston to Lake points. in or liable for the carriage of the goods be- The same is true of the other petition. It yond its own line of transportation. Held, I alleges that the roads between Boston and st.

Juif made by roads between Boston and Inte sensburgh:

freight Jax six classes of freight from Boston to Vermo Hensburgh,

Point 1134 6 classes,

tion ar 03145 30 25 17 cents per 100 pounds. tion to Thrif made by Central Vermont line of ending wars, via Ogdensburgh:

1. V Irm Boston to Cleveland, Ohio, Detroit, Dess E Id and Port Huron, for the six classes of A. I sidit aforesaid, 41, 36, 29, 20, 17, 14 cents ( 213,71" ulo pounds.

2. V Ivrit made by Central Vermont line of East a s, via Ogdensburgh:

A. I Inn Boston to Milwaukee and Chicago for 54,219 Wir classes of freight aforesaid, 44, 39, 31,

3. 1 2.2.19 cents per 100 pounds.

freight W made by roads between Boston and Abans

A.

4. V Iráz classes of freight from Boston to St. to the

A.

5. V freight

A. $ inn Boston to Montreal for the six classes

earnin

6. V

1!3 4 5 6 classes,
1888 97 24 17 cents per 100 pounds.
He made by the National Despatch Line
pists west of St. Albans:

A.

7. T freigh

A. 8.

ke rates to St. Albans from Boston Boston to Detroit. This could only be done
National Despatch Line makes from on the theory that different tariffs, embracing
Montreal and Detroit. But the Na- different roads, different distances and differ-
patch Line does not make a tariff ent traffic, make different linee.
on to St. Albans, nor take traffic, ex- And this theory is well illustrated by the
points west of St. Albans, for west case, Union Pacific R. Co. v. U. 8. 117 U. 8.
ight; nor does the tariff made by the 355 (Bk. 29, L. ed. 920). By an Act of Con
n Boston to St. Albans include points gress the Union Pacific R. Co. were to
St. Albans for west bound freight; charge the United States for transportation of
points west of St. Albans for west mails and passengers, only what was reason.
eight are included in the National able, "and no more than was charged to pri-

Line tariff, and embrace all large vate parties for the same kind of service.”
the West, Northwest and Southwest. The company presented a claim against the
, the joint tariff from Boston to St. Government for the transportation of passen-
akes à "line,” can it be pretended gers between Council Bluffs and Ogden. The

the same identical line as the one regular rate to all persons between these points
the National Despatch tariff, which was $78.50, but by contracts with connecting
thousands of miles beyond, and railroads the Union Pacific receives from com-
National Despatch cars belong pot panies who sell through tickets at reduced rates
ads but to a separate organization from New York to San Francisco $54 only for
kes its own tariff, and issues its own each passenger carried between Council Bluffs
ding, and solicits its own business? and Ogden. It was also found that the local
this matter was under discussion in rate was reasonable. The supreme court al.
te, the question was put, What is lowed the company the local rate of $78.50,

the same line?” and Senator Dawes and held that the tariff rate from Council Bluffs nator Cullom certain questions look to Ogden was entirely different from their e result as to the Boston & Albany, share of the through rate from New York to an Interstate Road, and extends from San Francisco, although the shorter distance Mass., to Albany, N. Y.

from Council Bluffs to Ogden was within the se traffic is taken from Kansas City to greater distance from New York to San Fran. and then over the Boston & Albany cisco. In other words, neither the service nor 1; also from Chicago to Albany over the lines are identical. at line, and also from Detroit to Al. See Atchison etc. R. R. Co. v. Denver eto, R. another, and from Albany to Boston; R. Co. 110 U. S. 683 (Bk. 28, L. ed. 297). ase over the Boston & Albany, what Mr. Easley, in commenting upon the word e the result?

“arrangement," says: r Cullom answered:

"If this is the true construction of the Act, , the Boston & Albany, can carry the then a railway does not become subject to the s they agree to carry it; and whatever provisions of the Act unless it owns, uses, or eement may be it does not affect the operates, by lease, contract or agreement, road. hat goes from Albany to Boston on way in two States, or enters into arrangements e, its own line according to its own with connecting carriers to transport persons Ed rates of freight.”

or property from one State to another. r Dawes:

"If a railway wholly within a State should pose it be a different rate from that at enter into an arrangement to carry interstate

takes up freight at Albany and carries freights or passengers with a connecting line, ston?"

it would only be subject to the provisions of or Cullom:

this Act quoad the line thus formed. It could oes not make the slightest difference in decline to make the same arrangement or a like ld; it has nothing to do with it. One arrangement with another carrier and not vioof railroad by itself. The other is a late this Act. And such a carrier might enter ailroad in conjunction with one, two, into an arrangement to carry interstate passenothers, if you please, and the one rate gers or freight to and from one point on its line t control the others. In other words, and not others, with out subjecting itself to this ve said over and over again, the per Act further than the extent it arranged to car.

which the Boston & Albany Road gets ry."
ying the products which are brought III. But, however these things may be, the
e West after they reach Albany, has circumstances and conditions under which
to do with regulating the rates from traffic is taken from Boston to Ogdensburgh
to Boston over that road."

and St. Albans, respectively, are wholly dis-
is is a correct interpretation of the similar from what they are in respect to traffic
"the same line,” in the fourth section, taken beyond Ogdensburgh and Sl. Albans ro-
erably plain that the tariff from Boston spectively.
any makes one line, and the tariff from a. There is no competition at Ogdensburgh
to Detroit via the Boston & Albany and for St. Albans for traflic from Boston, nor be-
ork Central, and the steamships on the tween Ogdensburgh and St. Albans, and points
Lakes, forms another line, because, un west of there, for business.
interpretation given by Senator Cullom, 0. The rates are reasonable at those points. u
Id be perfectly competent for the Boston The distance from Boston to Ogdensburgh is
any, an interstate road, to charge $1.00 408 miles, and from Boston to St. Albans is
0 pounds from Boston to Albany, and 266 miles. (See Porteous' Milage Computation.)
agreement with its connections to charge The tariffs referred to in the petition are as
seventy-five cents per 100 pounds from I follows:

A. 9. 1

A, 10.

teghi aforesaid, 45, 40, 30, 23, 20, 18 cents | joint f se 10 pounds.

un Boston to Detroit for the six classes earpin sght aforesaid, 51, 45, 35, 24, 20, 18 cents e sh pounds.

Dhe Vermont Central and Vermont and sala Roads, now the Central Vermont

sere constructed about 1849, and are joint within the State of Vermont. They ಕ

upon local tariff until 1856, when ! Feat into the hands of a receiver and gers? reszed so for a good many years. They warganized in 1883. The original capi. muhast. They run through a sparsley set. gers? centry. If they depend upon local te bes cannot pay expenses and interest per bonded debt as now reorganized, to gers? junaking of their stocks. As reorganized

e a powerful and rich corporation, eager wallow its competitors. li has not paid throu Teade on its stocks since its reorganiza

A. On the other hand, the road has been sengel est up to a high state of efficiency with a s doing a through business. lis track and jo tel railert and its equipment ten times

A. than is necessary for local business. senger stricted to & local business two results

14. follow: the sale of their equipment, throuļ the raising of local rates in order to

A. Aperating expenses. Proper remuneration de capital invested is a legitimate subject and jo

15. A. The

A. 11.

A, 12.

13.

desideration in determining reasonable
au well as extraordinary cost of service
e pela like the Central Vermont and Og. per ci

obrego.
Laxei Interstate Law, 39.

prefei

The

Set with through

business the road man- dess i alive and pay its expenses and interest the b la bonded debt of $7,000,000. It also cuttin

the local traffic from an increase of scarce und keeps them down to where they Smith

The profit on the through business Thi la degree, but is great in its results by points of the magnitude of the business.

the N Wirea through and local business is as fol- dia li

Cana

We Lucas statement in respect to earn. Obio,

37

Tariff made by roads between Boston and Interrogatories and answers in regard to the
Ogdensburgh:

freight and passenger business of the Central For six classes of freight from Boston to Vermont Railroad Company from Rouse's Ogdensburgh,

Point and Province Line to White River Junc1 2 3 4 5 6 classes,

tion and Windsor, and also from Essex Junc60 50 45 30 25 17 cents per 100 pounds. tion to Burlington, covering the fiscal year

Tariff made by Central Vermont line of ending June 30, 1886. steamers, via Ogdensburgh:

1. What was the tonnage of through busiFrom Boston to Cleveland, Ohio, Detroit, ness East and West? Mich, and Port Huron, for the six classes of A. East bound, 882,259 tons. West bound freight aforesaid, 41, 36, 29, 20, 17, 14 cents 213,717 tons. Total, 1,095,976 tons. per 100 pounds.

2. What was the tonnage of joint freight Tariff made by Central Vermont line of East and West? steamers, via Ogdensburgh:

A. East bound, 161,934 tons. West bound,
From Boston to Milwaukee and Chicago for 54.219 tons. Total, 216,153 tons.
the six classes of freight aforesaid, 44, 39, 81, 3. What was the tonnage of strictly local
23, 19, 16 cents per 100 pounds.

freight?
Tariff made by roads between Boston and A. 71,325 tons.
St. Albans:

4. What was the percentage of the through
For six classes of freight from Boston to St. to the total?
Albans:

A. 79 per cent. 1 2 3 4 5 6 classes,

5. What were the gross earnings of through 55 48 38 27 24 17 cents per 100 pounds. freight?

Tariff made by the National Despatch Line A. $652,647.33, or 64 per cent of total freight for points west of St. Albans:

earnings. From Boston to Montreal for the six classes 6. What were the gross earnings of local and of freight aforesaid, 45, 40, 30, 23, 20, 18 cents joint freight? per 100 pounds.

A. $370,636.54, or 36 per cent of total freight From Boston to Detroit for the six classes earnings. of freight aforesaid, 51, 45, 35, 24, 20, 18 cents 7. What were the net earnings of through per 100 pounds.

freight? c. The Vermont Central and Vermont and A. $172,344.62. Canada Roads, now the Central Vermont 8. What were the net earnings of local and Road, were constructed about 1849, and are joint freight? wholly within the State of Vermont. They A. $100,466.27. depended upon local tariff until 1856, when 9. What was the number of through passenthey went into the hands of a receiver and gers? continued so for a good many years. They A. 87,206. were reorganized in 1883. The original capi

10. What was the number of joint passen. tal was lost. They run through a sparsley set- gers? iled country. If they depend upon local A. 115,814. traffic, they cannot pay expenses and interest 11. What was the number of local passenon their bonded debt as now reorganized, to gers? say nothing of their stocks. As reorganized A. 230,401. it is not a powerful and rich corporation, eager

12. What were the gross earnings from to swallow its competitors. It has not paid through passengers? dividends on its stocks since its reorganiza- A. $153,945.51, or 38 per cent of total pastion. On the other hand, the road has been senger earnings. brought up to a high state of efficiency with a 13. What were the gross earnings from local piew to doing a through business. Its track and joint passengers ? is steel railed and its equipment ten times A. $250,149.10, or 62 per cent of total pas. greater than is necessary for local business. senger earnings. If restricted to a local business two results 14. What were the net earnings from would follow: the sale of their equipment, through passengers? and the raising of local rates in order to A. $50,628.71. pay operating expenses. Proper remuneration 15. What were the net earnings from local for the capital invested is a legitimate subject and joint passengers ? for consideration in determining reasonable A. $81,579.58. rates, as well as extraordinary cost of service The mortgage on the road is $7,000,000 at 5 over roads like the Central Vermont and Og. per cent interest. It also has common and densburgh.

preferred stocks. Harper': Interstate Law, 39.

That a profit is made on the through busid. But with through business the road man- Dess is not open to doubt. In the year ages to live and pay its expenses and interest the board of directors tested the question by upon its bonded debt of $7,000,000. It also cutting off the through business. The road relieves the local traffic from an increase of scarcely earned its expenses. (See Gov. charges, and keeps them down to where they Smith's testimony.) pow are. The profit on the through business The trunk lines fix the rates to competing is small in degree, but is great in its results by points; that is to say, the Boston and Albany, reason of the magnitude of the business. the New York Centrul Line, the Baltimore and

Auditor Lucas statement in respect to earn. Ohio, the New York and Erie and Pennsylva. ings from through and local business is as fol- nia lines on the left, and the Grand Trunk and

Canada Pacific on the right, all powerful lines,

lows:

tan arises on trial.

Points Newport Barton,

station was illegal at common law. So I of cour o be presumed, are not unwilling ville & Nashville Case covers every point. But

wade preference; and to charge more for tions w 'survival of the fittest.” Weak since the announcement of that decision, Judge

anter than a longer distance, for the same a. Le be swallowed up, competition de Deady has gone a step further, and held that

sat and class of freight, under the same Ogdens the very purpose of the Interstate competition in all cases, whether by foreign or

anstances
, was also illegal
.

(which aw defeated. The rates thus fixed domestic corporations, or by water lines, con

Antwn, etc. R. R. Co. v. Denver, etc. R. R. < lines must be met, or the Cen- stitutes a dissimilar circumstance.

2000. 8. 683 (Bk. 28, L. ed. 297). t must go out of the business; and Ex parte Koehler, 1 Interstate Com. Rep.

Ir guiding rule at common law was, What nem another obstacle is in the way. 317.

wanable? And that is the rule, and the and Albany Line is about 140 The lines out of Boston that compete for

užuiding rule, under this statute, where Point r to Chicago ihan the Central Ver- west bound traffic to points in the West are very

case involves a question of law and (See Porteous' Milage Computa- numerous, and are enumerated in the answers and shown on the maps.

kind where every case depends on its own St. Alba

Ogdense ne rates from Boston to competing Montreal is a competing point. The Grand

Burling

Le petitioners never have been able to Waterbi e West, traffic would naturally go Trunk, via Portland, is one line competing

wat lewa the defendant's line as a competitor Montpel er and quicker line. To meet the there; the water line, via New York and Lake

Tietgh business. Is it reasonable that the Rutland od overcome the inequality thus Champlain, is another; the Delaware & Hud

Dentality of the Interstate Commerce Ludlow, ween the lines, it was, as early as sonCanal Company is another; the Canadian

should be used to accomplish that pur- White led by the trunk lines that this line Pacific is another. se less than the trunk lines to com. A vast amount of traffic that, before the

Arben the object of the Law was to pro

ompetition ? its in the West. This line was passage of the Interstate Commerce Law, used

Le petition is based on the fourth seclo this in order to secure business, to come over the Grand Trunk and Central

No questions arise under any other sec. conceded by the trunk lines as a Vermont, and was exported at Boston, now

z Pestions must notify parties of what ustice. On the other hand, while stops at Montreal, and is exported that way. is the longest and slowest, it could, IV. a. It is true that the Boston & Albany

Suite got to meet, otherwise interminable s, make the lower rate because its Company, and everybody else, has a standing i the great Lakes at Ogdensburgh before this Commission to complain. Butitis

po de Petition of the Vermont State Grange. Lyndon r rail line (118 miles) than the Bos- observable that this complaint does not come ny reached the great Lakes at Buf- from a shipper who complains of the rates at so because defendant's cars go West Ogdensburgh and St. Albans respectively. It ess they take freight at such rates comes from a competitor at points on the great

get. They maintain rates for east Lakes, and that is the real grievance. The ght. (See maps and Porteous' Mil. Boston & Albany care nothing about the rates tation)

at Ogdensburgh and St. Albans. Theirs is not oregoing applies to the Ogdensburgh a missionary duty. But the trouble is, they amplain Road as well as the Central want to get rid of their principal competitor

See auditor's statement as to earn for west bound traffic to competing polnts in through and local business.

the West. decision in the Louisvillle & Nash- But it has been generally supposed that the 1 Interstate Com. Rep. 278), com- object of the Interstate Commerce Law was to vers this case. That case announces encourage competition and to break down mo at when the competition is by for: nopolies instead of creating them; and so the ads or lines, competition is of itself Commission announced in the Louisville & ar circumstance. Also water lines. Nashville Case. cipal competitorsfor Boston west How often has it been held that he who seeks ffic are the Grand Trunk, via Port- equity must come into court with clean hands. the Canadian Pacific, via the South. Motives are material. Thus when a stock. also a Canadian corporation, and a holder of a private corporation buys the stock

by ocean carriage from Boston to of a rival corporation for the purpose of bring. nd thence by the Inter-Colonial to ing a suit to destroy the rivalry, he will not be and by the other water lines referred heard in a court of equity, when the question maps, answers and testimony. is one of discretion.

zetate rates. The Passumpsic Road | Ludlow, lly is this true by the all water line, 1 Pied field on Railways, 76.

York City, the 'Hudson River, the The author says:
l and the Great Lakes to Cleveland, “But when the fact is established that un-
on, Detroit, Milwaukee, and Chicago. der pretense of serving the interests of one
land agents sell their goods delivered company, the shareholders of a rival company,
ork, at New England prices. The by purchasing shares for the purpose of liti.
by water from Boston to New York gation, can make this court the instrument for Rhode Island, are also less than Lisbon,

de by the Central Vermont Road to Littleton, g. The rates from New York to defeating or injuring the company into which and Detroit are

they so intrude themselves, in order to raise 30 25 18 17 13. questions and disputes on matters as to which

Tork, New Haven & Hartford Rail. Meredith, ilwaukee and Chicago, all the other members of the company may be

% Terpont business are higher, dis Laconia, 30 25 20 18 16. agreed, I cannot consider that in such a case

emaindered, than the rates made by the Tilton, N tes of insurance are much less by this it is the province of the court ordinarily to in: s, via Ogdensburgh; so that in the ag. when there is a discretionary jurisdiction in whype of complaint. The tables sub- tral Vern he rate is 8 to 10 cents per hundred this court, circumstances adecting the cont. Cbittenden will show this. The of freigb by the Central Vermont Line of terfere. In questions of the law of contracts,

int points to Boston, which latter noticed ti less than on any other line. A vast dition of the contracting parties and the origin of New England business that used to of their rights in relation to the subject matter Ogdensburgh now goes by this route, of the contract deserve great consideration." e passage of the Interstate Commerce b. The second, third, and fourth sections of

the Interstate Commerce Law are merely de an necessary to go further. The Louis. I claratory of the common law. Udjusi di

Ryegate A.

Bradfori

Norwich
The Rates to Boston, etc.
The rates between Boston and Ogdens-
Ad St. Albans, respectively, and other
azt points are reasonable, and for a
Wety of reasons besides those enumer-

Points
Lute

. The rates charged compare most Swanton may with those of other porth and south

6. As The character of the country through Island, it Det roads run, the cost of construc: by the Ce

de cost of operation and the amount of of other support will

, of course, be remembered. per comparison can be made between

Roads and roads running through husetts, between Boston and New York, liete are numerous rival roads and lahe roads pass through large manufact

Points

Burling! rall expense. The only fair test is to Bat roads , situated like the Central Ver

Montpeli Rutland,

kteriets

, and are operated at a compar. Waterbu

of Ogdensburgh Roads, and compare
Na character

. The St. Johnsbury &
kampiain Road is another.
ents made by the Central Vermont

Boston are less than the rates of either
be trands for the same distances. The

Points.

aber Vermont lines. The rates Wentwor e Connecticut River Railroad and Plymouti

Temont Road from St. Albans and

C. As te

a that begin and end in Vermont are, I classes.

Rates per

Rates per

crimination was illegal at common law. So of course, of no consequence. A few illustra-
was undue preference; and to charge more for tions will be given for argument:
& shorter than a longer distance, for the same a. Let us take a few of the rates between
amount and class of freight, under the same Ogdensburgh and Vermont points to Boston
circumstances, was also illegal.

(which are the ones complained of).
Atchison, etc. R. R. Co. v. Denver, etc. R. R.
Co. 110 U. S. 683 (Bk. 28, L. ed. 297).

CENTRAL VERMONT RAILROAD.
The guiding rule at common law was, What

Rates per is reasonable? And that is the rule, and the

Miles to

100 lbs. only guiding rule, under this statute, where Points.

Boston. 1st class. every case involves & question of law and Ogdensburgh

408

60 fact, and where every case depends on its own st. Albans,

264

55 merits.

Burlington,

248

55 The petitioners never have been able to Waterbury,

218

55 break down the defendant's line as a competitor Montpelier,

207

55 for through business. Is it reasonable that the Rutland,

167

30 instrumentality of the Interstate Commerce Ludlow,

142

30 Law should be used to accomplish that pur. White River Junction, 144

36
pose, when the object of the Law was to pro-
mote competition?

PASSUMPSIC ROAD,
c. The petition is based on the fourth sec-
tion. No questions arise under any other sec-

Miles to 100 lbs. tion. Petitions must notify parties of what Points.

Boston. 1st class. they have got to meet, otherwise interminable confusion arises on trial.

Newport,

250

60 Barton,

236

60

214 As to the Petition of the Vermont State Grange. Lyndonville,

55 Ryegate,

189

46 A. Bradford,

173

42 Norwich,

149

40 The Rates to Boston, etc.

ST. J. & L. C. Road.
V. The rates between Boston and Ogdens-
burgh and St. Albans, respectively, and other
Vermont points are reasonable, and for a

Miles to 100 lbs. great variety of reasons besides those enumer

Points.

Boston. 1st class. ated above. The rates charged compare most Swanton,

302

55 favorably with those of other north and south

6. As to the rates to Providence, Rhode
lines. The character of the country through Island, it will be noticed that the rates given
which these roads run, the cost of construc: by the Central Vermont are also less than those
tion, the cost of operation and the amount of of other Vermont Roads to the same point.
local support will, of course, be remembered.
No proper comparison can be made between

CENTRAL VERMONT ROAD.
Vermont Roads and roads running through

Distances Rates 100
Massachusetts, between Boston and New York,

to Provi. lbs. 1st where there are numerous rival roads and

Points.

dence. class. where the roads pass through large manufact

Burlington,

270 uring districts, and are operated at a compar

58 Waterbury,

240 atively small expense. The only fair test is to

58
229

58
take other roads, situated like the Central Ver- Montpelier,
mont
and Ogdensburgh Roads, and compare Ludlow,

Rutland,

195

33

169 their interstate rates. The Passumpsic Road

33
is of this character. The St. Johnsbury &

PASSUMPSIC ROAD.
Lake Champlain Road is another.

Distances Rates 100
The rates made by the Central Vermont

to Provi. lbs, 1st Road to Boston are less than the rates of either

Points.

dence. of these roads for the same distances. The

class. 233

58 rates made by the Central Vermont Road to Littleton, N. H.

222

58
Providence, Rhode Island, are also less than Lisbon, N. H.
those of other Vermont lines.

186

53 The rates Wentworth, N. H.

170

40 made by the Connecticut River Railroad and Plymouth, N. H.

· 157

40 the New York, New Haven & Hartford Rail. Meredith, N. H.

146

36 Toad for Vermont business are higher, dis- Laconia, N. H.

137

36 lances considered, than the rates made by the Tilton, N. H. Central Vermont Road from St. Albans and C. As to the rates to New York, it will be other Vermont points to Boston, which latter noticed that the difference in favor of the Cenare the subject of complaint. The tables sub- tral Vermont is great on the first four classes mitted by Mr. Chittenden will show this. The of freight, and still greater on the last two local rates that begin and end in Vermont are, classes.

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