TON PER MILE RATE-Continued.

the same or adjacent lines in the immediate territory where the same conditions exist are of much greater significance and afford a much more accurate basis for the Commission's action. Dallas Freight Bureau v. G., C. & S. F. Ry. Co. 223.

TRADE CENTERS.

In a territory under the basing-point system, rates to a complaining point made by a combination of the through rate to the nearest trade center and the local beyond need not, under the construction of the fourth section of the act by the Supreme Court, be reduced to the basis of every neighboring point of like distance, when the other points have the advantage of water or other competition. Commerical & Industrial Asso. of Union Springs v. L. & N. R. Co. 372. Grown up with Texas system. Dallas Freight Bureau v. M., K. & T. Ry. Co.

427.

Rate from intermediate point higher by local from trade center, not condemned. Durham v. I. C. R. Co. 37.

Moultrie, Ga., entitled to be considered as. Co. 229.

Southern Grocery Co. v. G. N. Ry.

The act does not bar a carrier from providing for costs of transfer in making delivery to a certain carrier, but if it so provides, it must publish and file a tariff showing where the transfer will be made, the kind of transfer service re quired, and the charges to be exacted therefor. Schwager & Nettleton v. G. N. Ry. Co. 521.

A shipper is entitled to notice of a transfer charge other than one coming to him through the collection of the charge from his consignee, and as he is not obliged to follow his shipment and make the transfer himself, he is entitled to the protection afforded by a published definite rate. Id.

A carrier can not excuse the collection of an unpublished and unknown drayage and transfer charge by proof that it had a rule which forbade the sending of its own cars beyond its own line during a period of car shortage and congestion of business, especially where no notice of the rule, either actually or by reference in a published tariff, had been brought to the shipper. Id.

Grain, Council Bluffs to Omaha. A rate of 1 cent per 100 pounds, minimum charge $5 per car, for transferring grain in carloads from Council Bluffs, Iowa, to Omaha and South Omaha, Nebr., defendant's rate for service in reverse direction, for delivery upon its own tracks, being $2 per car; made to induce construction and maintenance of a modern and capacious elevator on its line in Council Bluffs; a higher rate being charged on grain transferred to Council Bluffs for delivery to elevators or industries on other lines; the delivery of grain by defendant in Omaha or South Omaha being for industries or elevators on other lines for which, under car-service rules, it must allow such other lines $2 per diem rental; the grain rates from the west to Omaha, South Omaha, and Council Bluffs being the same, and the rates from the east to Council Bluffs being less-under all the circumstances and conditions is not unjust and unreasonable. Omaha Grain Exchange v. Un. Pac. R. Co. 65.

TRANSFER COMPANIES.

Not subject to act. Re Right of Railroad Companies to Exchange Transportation, 39.

TRUCKING FIRM.

No unreasonable preference shown to, by carrier. New York Team Owners

UNIFORM CLASSIFICATION.

Efforts to agree upon. Paper Mills Co. v. Pa. R. Co. 438.

UNLAWFUL DEVICE.

Carrier or carrier's agent acting as forwarding or reconsigning agent for ship-
per for purpose of evading or defeating the terms or purposes of the law, or in
such manner as to defeat or evade the intent of the law, an unlawful device.
Morgan v. M., K. & T. Ry. Co. 525.

UNREASONABLE RATES. See also CONCESSIONS; DISCRIMINATION; EXPRESS
RATES; MINIMUM; REASONABLE RATES; RECONSIGNMENT; REFRIGERATION;
RELATIVE RATES; SWITCHING CHARGES; TRANSFER CHARGES.

Can not be imposed upon shipper by reason of contracts which an express com-
pany has made with its agents and the railroad. Society of American Florists
v. U. S. Express Co. 120.

Unusually high rate charged for special and expedited service not reasonable
where such service not furnished. American Fruit Union of Cincinnati v. C.,
N. O. & T. P. Ry. Co. 411.

Amarillo, Tex. Class rates from Kansas City to, as compared with those
from Fort Worth, held unreasonable. Nobles Bros. Grocer Co. v. Ft. W. &
D. C. Ry. Co. 242.

Augusta, Ga. 41 cents per 100 pounds on cotton waste in bales, to New York
City, unreasonable. Riverside Mills Co. v. So. Ry. Co. 388.

Augusta suburban points. Class rates from North Atlantic ports to suburban
mills, which, before the absorption of the South Carolina & Georgia Railroad
by the Southern Railway Company, were recognized as a group; it appearing
that such group is still recognized on shipments in the opposite direction, that
the grouping system is still effective to the extent of classing together some of
these suburban points which are as far apart as Augusta is from the nearest,
and that a restoration of the Augusta rates to these suburban points would
divert considerable heavy and bulky freight from water lines on the Savannah
River to the defendant lines-held unjust and unreasonable. Quimby v. Clyde
S. S. Co. 392.

Cleburne, Tex. 27 and 29 cents per 100 pounds on cotton seed in carloads
from Marietta and Berwin, Okla., unreasonable. Pressley v. G., C. & S. F. Ry.
Co. 518.

Columbus, Ohio. Express rate of $350 per car for horses to Kansas City and
to St. Paul, unjust and unreasonable. McLaughlin Bros. v. Adams Express
Co. 489.

Coolidge, Lakin, Garden City, Cimarron and Dodge City, Kans. Coal to, from
mines in Rockvale and Trinidad districts in Colorado, unreasonable. South-
western Kansas Farmers' & Business Men's Asso. v. A., T. & S. F. Ry. Co. 530.
Cordele, Ga. Coal $1.70 per short ton and $2.75 per long ton from Birming-
ham, Ala., to, as compared with corresponding charges to Macon, Ga., of $1.60
and $1.65, unreasonable. Tomlin-Harris Mach. Co. v. L. & N. R. Co. 133.

Cullman, Ala. 22 cents per 100 pounds on shipments of salt to, in carloads
from New Orleans, La., unreasonable. Farmers Warehouse Co. v. L. & N. R.
Co. 457.

Enid, Okla. Coal to, from San Bois district, Ind. T., 225 miles average dis-
tance, $2.10 for lump, and $1.50 for slack, excessive and unreasonable. John-
ston v. St. L. & S. F. R. Co. 73.

Enid, Okla. Coal to, from Henryetta district, Ind. T., 180 miles, of $1.95 for
lump and $1.50 for slack, excessive and unreasonable. Id.

UNREASONABLE RATES-Continued.

Frederick, Md. Class rate of $3.80 per ton on brick, carloads, to Elberon,
N. J., 236 miles, unreasonable. Frederick Brick Works v. N. C. Ry. Co. 13.
Georgia points. See MACON, infra.

Granite Falls, Minn. Rate of 56 cents per 100 pounds on butter and eggs in
carload lots from, to Chicago, as compared with 43-cent rate from Whitestone,
Minn., on another branch, 41 miles farther distant, held unreasonable and un-
just; should not exceed 43 cents per 100 pounds. Morse Produce Co. v. C., M. &
St. P. Ry. Co. 485.

Kansas points. See COOLIDGE, supra.

Macon and Atlanta, Ga. Rate of 81 cents on peaches from, to Philadelphia
and New York, and 78 cents to Baltimore and Washington, and refrigeration
charge of 12 cents per crate of 42 pounds, minimum carload 550 crates,
unreasonable and unjust. Waxelbaum v. A. C. L. R. Co. 178.

Marquette and Phillips, Nebr. 75 cents per 100 pounds on wheat to California
terminals, compared with through rate on corn over same route, and through
rates on both corn and wheat on other routes, unreasonable; should not exceed
65 cents. Poor Grain Co. v. C., B. & Q. Ry. Co. 418.

New Mexico points, see RoSWELL, infra.

New York City. Rates on cut flowers from New Jersey and Pennsylvania
points of $1 per 100 pounds; and on empty boxes returned folded from New
York City, graduated from 50 to 75 cents per 100 pounds; on empty boxes not
folded $1 per 100 pounds, excessive and unreasonable. Society of American
Florists v. U. S. Express Co. 120.

Oklahoma City, Okla. 28 cents per 100 pounds on wheat from, to Gaines-
ville and Fort Worth, Tex., unreasonable. Mitchell v. A. T. & S. F. Ry. Co. 324.
Oklahoma Territory. On wheat and corn to Galveston, Tex., for export, un-
reasonable. Territory of Okla. v. C., R. I. & P. Ry. Co. 367.

Pemberton, N. J. Through rate to, on grain, flour and feed, carloads, from
Chicago and other western points, of New York rate plus 5 cents, as compared
with the rate to Mount Holly, N. J., 6 miles west, which takes New York rate
on account of developed water competition-held excessive and prejudicial,
where former differential against Pemberton was 2 cents. De Cou v. Pa. R.
Co. 160.

Plano, Tex. 45 cents on cotton seed in carloads from Marietta, Okla., un-
reasonable. Pressley v. G., C. & S. F. Ry. Co. 518.

Quanah, Tex. 18 cents per 100 pounds on cement plaster to St. Louis, Mo.,
728 miles, and 13 cents to Kansas City, Mo., 571 miles, unreasonable. Texas
Cement Plaster Co. v. St. L. & S. F. R. Co. 68.

Roswell, Artesia, Hagerman, and Carlsbad, N. Mex. Class rates to, from
Kansas City and St. Louis, Mo., Galveston, Tex., and Denver, Colo.; and com-
modity rates on grain and grain products from points in Texas and Oklahoma;
on lumber from points in Texas and Louisiana; on salt in sacks from Hutchin-
son, Kans.; and on apples, alfalfa and alfalfa meal from said New Mexico points
to Fort Worth Tex.,-unreasonable and excessive. Roswell Commercial Club
v. A., T. & S. F. Ry. Co. 339.

St. Paul, Minn. Grass twine and matting, St. Paul to Boston. Rate of 62
cents per 100 pounds via Duluth, which was a combination of a rate of 23 cents
to Duluth plus a rail rate of 39 cents from Duluth to Boston, lake and rail joint
through routes via Duluth not being in effect at the date of the shipment, but a
rate via Lake Michigan ports of 45 cents, and an all-rail joint through rate
of 49 cents, being in force-held, under the special and peculiar circumstances
disclosed, to be unreasonable. American Grass Twine Co. v. St. Paul, M. & 0.

UNREASONABLE RATES-Continued.

Wichita, Kans. 96 cents on cotton goods from producing points in Texas, com-
Texas for domestic consumption, unreasonable per se. Farmers, Merchants &
Shippers' Club of Kansas v. A., T. & S. F. Ry. Co. 351.

Wichita, Kans. 96 cents on cotton goods from producing points in Texas, com-
pared with 50-cent rate to Kansas City and St. Louis, and 55-cent rate to Omaha
and Chicago, unreasonable. Johnston-Larimer Dry Goods Co. v. A., T. & S. F.
Ry. Co. 47.

VALUE OF SERVICE.

As measure of rate. Society of American Florists v. U. S. Express Co. 120.

WASTE. See COTTON WASTE.

WATER COMPETITION.

Transcontinental. Enterprise Manufacturing Co. v. Ga. R. Co. 130.
Affects rate. De Cou v. Pa. R. Co. 160.

Exists at Decatur, Ala. Farmers Warehouse Co. v. L. & N. R. Co. 457, 520.
There is no real, potential, compelling competition between the transconti-
nental rail carriers and those carrying similar traffic by water which will en-
title Santa Barbara, Cal., to Pacific terminal rates. Commercial Club of Santa
Barbara v. So. Pac. Co. 495.

WATER RATES. See also LAKE AND RAIL RATES; OCEAN RATES; RAIL AND
WATER RATES.

Warren Manufacturing Co. v. Ga. R. Co. 381.

WEAK AND STRONG ROADS.

The defendant road being unfinished, without through connections, not ex-
travagantly managed, under the necessity of making extensions required by
public authority, and the need of equipment and extension, and not earning
sufficient to more than meet its operating expenses, and fixed charges not hav-
ing been shown to be excessive, should not, in the judgment of the Commission,
under all the circumstances at this time, be required to transport interstate
passengers at the same rates per mile as are finished, well-equipped, and pros-
perous roads. Railroad commission of Ark. v. St. L. & N. A. R. Co. 233.

WEIGHING ASSOCIATION.

Leonard v. M., K. & T. Ry. Co. 538.

WEIGHTS. See also ESTIMATED WEIGHTS; MINIMUM WEIGHTS.

Cotton goods, baled. Enterprise Mfg. Co. v. Ga. R. Co. 451.

Reparation awarded for error in weight of coal. Leonard v. M., K. & T. Ry.
Co. 538.

WHEAT. See also GRAIN.

Kansas to California. Howard Mills Co. v. Mo. Pac. Ry. Co. 258.
Rates on. Blackwell Mill. & Elev. Co. v. M., K. & T. Ry. Co. 23.

Ponca City Mill Co. v. M., K. & T. Ry. Co. 26.

Poor Grain Co. v. C., B. & Q. Ry. Co. 418.

Mitchell v. A., T. & S. F. Ry. Co. 324.

WHISKY.

Manufacture and transportation. Railroad Commission of Oregon v. C. & A.