to the transportation of bituminous coal it should apply that rate to the cannel coal of the complainants. We do not mean, however, that it is the duty of this defendant to establish rates upon the low basis of most bituminous coal rates, for the sole purpose of moving this commodity of the complainants. If the complainants desire to reach markets which the bituminous coal produced upon the defendant's line can not expect to reach, a higher charge may properly be imposed. Cannel coal is classified as sixth class, while bituminous coal is not classified at all. To avoid confusion, therefore, the defendant should either eliminate cannel coal from the classification or should include it, in terms, in its tariffs covering the transportation of soft coal. If named in the coal tariffs of the defendant and left as now in the classification, the effect would be to apply the bituminous rate where one is in effect and to leave cannel coal to move under the sixth class rate where no specific soft coal rate is named. The defendant has in the past, in some instances, charged more than the bituminous coal rate for the transportation of complainants' cannel coal, and the complainants ask as reparation the difference between the amount so paid and what would have been paid under the tariff applicable to bituminous coal. These complaints were filed August 28, 1907, and the defendant contends that with respect to all payments made prior to the passage of the amended act, June 29, 1906, these claims are outlawed. That act provides that complaints for the recovery of damages shall be filed with the Commission within two years from the time when the cause of action accrued, "Provided, That claims accrued prior to the passage of this act may be presented within one year." " The defendant's position is that the act was "passed" on June 29, 1906, and that therefore this petition, not having been filed within the year, can not relate back of June 29. If, however, by "passage is to be intended the day on which the act took effect, then reckoning sixty days from June 29, the act took effect on August 28, and one year from the taking effect of the act would have expired at midnight, August 27. Hence, this petition, which was not filed until the following day, was not within the year. We have heretofore ruled that the filing of a petition on the 28th day of August, 1907, was within the proviso that claims accruing prior to the passage of the act might be presented within one year, and to that ruling we adhere. All questions of reparation are reserved. It does not follow that because a rate is reduced for the future, damages will be allowed in all cases where that rate has been exceeded in the past. The parties stated upon the hearing that they could probably agree upon the amount of reparation when the Commission had determined the rate. Assuming that these charges were collected in accordance with the published tariff, no part of them could be refunded by the defendant to the complainants without an order of this Commission. If, therefore, the parties agree upon the amount, they should indicate to the Commission in detail the adjustment which they have reached. If this seems to be in accordance with our decision, an order will be made accordingly. If the parties do not agree, the matter will be referred to an examiner to state the facts, upon which the Commission will dispose of the matter. 13 I. C. C. Rep. No. 1315. JOHNSTON & LARIMER DRY GOODS COMPANY AND COX-BLODGETT DRY GOODS COMPANY. v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY; CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY; CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY; DENVER, ENID & GULF RAILROAD COMPANY; FORT SMITH & WESTERN RAILROAD COMPANY; GULF, COLORADO & SANTA FE RAILWAY COMPANY; KANSAS CITY, MEXICO & ORIENT RAILWAY COMPANY; KANSAS CITY SOUTHERN RAILWAY COMPANY; MIDLAND VALLEY RAILROAD COMPANY; MISSOURI, KANSAS & TEXAS RAILWAY COMPANY; MISSOURI, KANSAS & TEXAS RAILWAY COMPANY OF TEXAS; MISSOURI, OKLAHOMA & GULF RAILWAY COMPANY; MISSOURI PACIFIC RAILWAY COMPANY; ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, AND LEASED, OPERATED, AND INDEPENDENT LINES; OKLAHOMA CENTRAL RAILWAY COMPANY; ST. LOUIS & SAN FRANCISCO RAILROAD COMPANY; ST. LOUIS, EL RENO & WESTERN RAILWAY COMPANY; ALABAMA GREAT SOUTHERN RAILROAD COMPANY; ALABAMA & VICKSBURG RAILWAY COMPANY; ALGOMA CENTRAL STEAMSHIP COMPANY; ERIE & WESTERN TRANSPORTATION COMPANY; ANN ARBOR RAILROAD COMPANY; ASHLEY & DUSTINS' STEAMER LINE; ATLANTA & WEST POINT RAILROAD COMPANY; ATLANTIC COAST LINE RAILROAD COMPANY; BALTIMORE & OHIO RAILROAD COMPANY; BALTIMORE & OHIO SOUTHWESTERN RAILROAD COMPANY; BALTIMORE STEAM PACKET COMPANY; BARRY TRANSPORTATION COMPANY; BESSEMER & LAKE ERIE RAILROAD COMPANY; BOSTON & ALBANY RAILROAD COMPANY; BOSTON & MAINE RAILROAD; BUFFALO, ROCHESTER & PITTSBURG RAILWAY COMPANY; CANADA ATLANTIC TRANSIT COMPANY; CANADIAN PACIFIC RAILWAY COMPANY; CENTRAL OF GEORGIA RAILWAY COMPANY; CENTRAL INDIANA RAILWAY PANY; FLORIDA EAST COAST RAILWAY COMPANY; FORT WAYNE, CINCINNATI & LOUISVILLE RAILROAD COMPANY; GALVESTON, HARRISBURG & SAN ANTONIO RAILWAY COMPANY; GEORGIA RAILROAD COMPANY; GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY; GOODRICH TRANSIT COMPANY; GRAHAM & MORTON TRANSPORTATION COMPANY; GRAND TRUNK RAILWAY COMPANY; GULF & INTERSTATE RAILWAY COMPANY OF TEXAS; HOUSTON & TEXAS CENTRAL RAILROAD COMPANY; HOUSTON & SHREVEPORT RAILROAD COMPANY; HOUSTON, EAST & WEST TEXAS RAILWAY COMPANY; HUNTSVILLE, LAKE OF BAYS & LAKE SIMCOE NAVIGATION COMPANY; ILLINOIS CENTRAL RAILROAD COMPANY; ILLINOIS TERMINAL RAILROAD COMPANY; INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY; INTERSTATE CAR TRANSFER COMPANY; IOWA CENTRAL RAILWAY COMPANY; INDIANA HARBOR BELT RAILROAD COMPANY; INDIANAPOLIS SOUTHERN RAILROAD COMPANY; KANSAS SOUTHWESTERN RAILWAY COMPANY; LAKE ERIE & WESTERN RAILROAD COMPANY; LAKE ONTARIO & BAY OF QUINTE STEAMBOAT COMPANY, LIMITED; LAKE MICHIGAN CAR FERRY TRANSPORTATION COMPANY; LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY; LOUISIANA RAILWAY & NAVIGATION COMPANY; LOUISIANA WESTERN RAILROAD COMPANY; LOUISVILLE, HENDERSON & ST. LOUIS RAILWAY COMPANY; LOUISVILLE & NASHVILLE RAILROAD COMPANY; MACON & BIRMINGHAM RAILWAY COMPANY; MACON, DUBLIN & SAVANNAH RAILROAD COMPANY; MAINE CENTRAL RAILROAD COMPANY; MALLORY STEAMSHIP COMPANY; MARIETTA, COLUMBUS & CLEVELAND RAILROAD COMPANY; MERCHANTS' & MINERS' TRANSPORTATION COMPANY; MICHIGAN CENTRAL RAILROAD COMPANY; MICHIGAN SALT TRANSPORTATION COMPANY; MINNEAPOLIS & ST. LOUIS RAILROAD COMPANY; MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILWAY COMPANY; MOBILE & OHIO RAILROAD COMPANY; MORGAN'S LOUISIANA & TEXAS RAILROAD & STEAMSHIP COMPANY; NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY COMPANY; NEW JERSEY & NEW YORK RAILROAD COMPANY; NEW ORLEANS & NORTHEASTERN RAILROAD COM |