in the material, and it was said that dynamite, aside from its dangerous character, was preferred to masurite for the reason that it could be more easily exploded.

Masurite sells for 8 cents per pound f. o. b. factory. The price of dynamite seems to vary somewhat according to the brand, selling at the factory for from 9 to 14 cents per pound. Black powder is worth about 4 cents per pound. The specific gravity of masurite was not given, but it is in no sense a bulky article. It is shipped in packages of 25 to 50 pounds.

Dynamite and all similar explosives have for their base nitroglycerin and are extremely hazardous to handle in any form. Dynamite may be exploded by concussion, and while a considerable blow is necessary to explode it in some forms, it may leak out of the package, as it always has a tendency to do, and spread itself out so thin that a very slight concussion will explode it, and the explosion of the smallest quantity would apparently let off a carload. It is also exploded by heat, about 340° Fahrenheit being required. The terrific force of the explosion and the consequent hazard to life and property are well understood. The transportation of all explosives of this kind is attended with extreme danger.

Explosives which are exploded by detonation are called quick burning or detonating explosives; those which are exploded by combustion, like powder, are termed slow-burning explosives. The transportation of slow-burning explosives, which seem to include. powder in all its forms and of various kinds, is not as hazardous as that of dynamite, since they do not explode by concussion but only by combustion. They do, however, require very great care and involve great risk in the handling.

The complainant insists that masurite, while it is a high explosive, and while the consequences of an explosion if it occurred would be as serious as with dynamite, is perfectly safe to handle, and that its transportation carries with it none of the risks attending the carriage of dynamite and powder. For the purpose of demonstrating this to carriers as a foundation for securing a lower rate, Mr. Masury, the inventor of the compound and the president of the complainant company, instituted some time ago certain tests at which were present by invitation many railroad representatives, among them some of the most eminent authorities in the United States upon explosives and their transportation. These gentlemen witnessed the tests, suggested others in turn, and expressed themselves as satisfied when they were completed. These tests demonstrated that masurite could not be exploded by concussion and that it could be consumed by fire without exploding. So far as these tests showed, the handling of this substance is attended with no danger whatever,

Doctor Dudley, of the Pennsylvania, subsequently requested that a considerable quantity of it might be burned. He had seen a small quantity burned up without explosion, but he imagined that possibly a different result might follow the burning of a more considerable quantity; and to satisfy him upon this point Mr. Masury burned 500 pounds of masurite in his presence, without any explosion.

When this case was first assigned for trial in April, 1907, the defendants requested that the hearing might be continued for the purpose of permitting them to institute further tests into the hazard of handling this commodity. Such a continuance was granted and such tests were subsequently made under the direction of Major Dunn, the chief inspector of the Railway Bureau of Explosives, an organization of the principal railroads of this country for the purpose of investigating the nature of various explosives and devising suitable rules and regulations for their handling. These later experiments of Mr. Dunn fully corroborated the earlier experiments of Mr. Masury. Major Dunn was a witness and testified that masurite could not be exploded by ordinary concussion and that it could be burned up without explosion. He said that the only hazard he could suggest was detonation of some high explosive like dynamite in the immediate proximity of masurite. If a cartridge of masurite is laid against one of dynamite and the dynamite cartridge exploded, the masurite cartridge also explodes. If, however, the masurite cartridge is placed at a distance of one-half inch or greater it will not explode. Major Dunn was asked at what distance, in his opinion, a car of masurite could be from a car of dynamite which exploded, without consequent explosion of the masurite, and replied that no certain answer could, in the nature of things, be given, but that in his opinion there would be danger of an explosion if it were within 6 cars of the carload of dynamite.

The evidence in this case conclusively shows that masurite is as safe to handle as sugar or soap, except in the case stated by Major Dunn of a detonation of some similar explosive in very close proximity to the masurite.

Certain rules and regulations are observed in the transportation of all high explosives. A specially selected car is used and special care is taken to keep the car in proper order while in transit. This makes the carriage of these articles somewhat more expensive than that of ordinary freight of the same physical characteristics and justifies the imposition of a higher rate than would otherwise be imposed.

It was stated by the defendants' witnesses that the real reason for imposing the extremely high rate which these explosives bear is the risk of accident. A single explosion might cause in damage to

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property and life, for which the railway would be responsible, more loss than would be received in a half century for the transportation of such explosives.

We feel that masurite ought to be treated and transported as a high explosive. While there can be no doubt that the handling of this commodity involves little risk, still there is always possibility of an explosion, the consequences of which would be so serious, not only to property but to human life, that every possible safeguard should be thrown around its transportation. This necessarily involves special care upon the part of the carriers, which means additional expense and which justifies a higher rate of itself.

We do not feel that this commodity ought, however, to take the same rate as dynamite. It was admitted by the defendants that the real reason for the extremely high rate imposed upon explosives is the hazard involved in the transportation and not the additional care which that transportation involves. Now, it would seem to be unjust to impose upon this article a rate embracing an element of hazard which does not in fact attach. This commodity sells in competition with dynamite. But for the element of greater safety in handling masurite, dynamite would be preferred. It would seem to be unjust to impose upon this commodity, whose transportation is attended with practically no risk, the same rate which is imposed upon another competing commodity, the carriage of which is attended with extreme risk. The valuable factor in this discovery or invention is freedom from hazard in handling, but that element of value is entirely disregarded in the adjustment of these rates.

It should also be noted that the only danger in the transportation of masurite arises from the proximity of dynamite in the same car or train. If there were no dynamite there would be absolutely no danger in the carriage of masurite. To the extent, therefore, that this explosive takes the place of nitroglycerin compounds the safety of transporting and handling high explosives increases. We are of the opinion that this commodity ought not to pay more than a second class rate in carloads, with minimum weight of 20,000 pounds, but that one and one-half times first class may properly be imposed in less than carloads. The same care must be exercised in transporting a small quantity as in carrying a whole carload, and for this reason it is extremely desirable that all these high explosives should be carried in full car lots. For this reason it is proper to make a much wider difference between the carload and the less-than-carload rate than obtains in the case of most commodities.

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No. 1258.

WINTER'S METALLIC PAINT COMPANY

v.

ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY; UNION PACIFIC RAILROAD COMPANY, AND SOUTHERN PACIFIC COMPANY.

Submitted March 28, 1908. Decided April 13, 1908.

A rate of 90 cents per 100 pounds, minimum 60,000 pounds, for the transportation of ground iron ore, from Chicago and Chicago points, to Pacific coast terminals, is excessive, and should not exceed 60 cents per 100 pounds.

A. L. Vogl for complainant.

H. T. Rogers for Atchison, Topeka & Santa Fe Railway Company. J. A. Munroe and F. C. Dillard for Union Pacific Railroad Company and Southern Pacific Company.

REPORT OF THE COMMISSION.

PROUTY, Commissioner:

The rate on ground iron ore from Chicago and Chicago points, including Iron Ridge, Wis., to Pacific coast terminals, was, at the time of the filing of this complaint, and still is, 90 cents per 100 pounds, with a minimum of 60,000 pounds. The complainant, who ships from Iron Ridge, asserts that this rate is excessive and ought not to exceed 60 cents per 100 pounds.

When the hearing was called the defendants appeared and stated that tariffs either had been or would be immediately filed putting in the rate of 60 cents demanded by the complainant, and thereupon the taking of testimony was suspended.

Upon the above admission of the defendants the Commission is of the opinion and finds that the present rate of 90 cents per 100

pounds is excessive and that the defendants ought not to charge for the future more than 60 cents per 100 pounds, with a minimum carload of 60,000 pounds.

None of the defendants to this proceeding reaches Iron Ridge, but we assume that their arrangements with their connections are such that they can establish the rate from that point, as well as from Chicago, which is reached by the defendant, Atchison, Topeka & Santa Fe.

An order will be issued requiring the defendants to establish the above rate of 60 cents from Chicago and Chicago points to Pacific coast terminals.

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