the provision quoted, and that the class N rate was applicable. Defendants, while not denying that a traveling crane is a machine, contend that the tariff provision is limited to those items named in the southern classification under the heading "Machinery and machines," and that as traveling cranes are not so named but are separately listed in the classification the exceptions do not apply. The same construction of the tariff provision here in controversy was urged by the defendants in Lawrence Construction Co. v. L. & N. R. R. Co., 115 I. C. C. 439, Buffalo-Springfield Roller Co. v. D. T. & I. R. R. Co., 126 I. C. C. 177, and Groves & Sons Co. v. F. E. C. Ry. Co., 152 I. C. C. 363, but was disapproved. We see no reason for a different construction in this case. We find that the rate charged beyond Jacksonville was inapplicable; that the applicable rate was the class N rate, which is equivalent to 25.5 cents per 100 pounds; that complainant made the shipment as described and paid and bore the charges thereon; that it has been damaged thereby in the amount of the difference between the charges paid and those which would have accrued at the rate herein found applicable; and that it is entitled to reparation in the amount of $262.43, with interest. An order awarding reparation will be entered. WOODLOCK, Commissioner, concurring: I concur in this report because it is consistent with precedents cited, in which these or similar tariff provisions were considered. Defendants should immediately take the necessary steps to clarify their tariffs so as to remove the cause of such complaints. 157 I. C. C. No. 20553 WARREN MANUFACTURING COMPANY v. BOSTON & MAINE RAILROAD ET AL. Submitted February 14, 1929. Decided September 21, 1929 Rates on wood pulp, in carloads, from Mount Tom, Mass., Berlin, N. H., and Madison, Me., to Milford, N. J., found unreasonable. Reasonable rates prescribed and reparation awarded. Karl Knox Gartner for complainant. Lucien Snow and H. A. Lindmark for defendants. REPORT OF THE COMMISSION DIVISION 4, COMMISSIONERS MEYER, EASTMAN, AND WOODLOCK BY DIVISION 4: The parties filed exceptions to the report proposed by the examiner, and oral argument was had. Complainant, a corporation manufacturing paper at Milford, N. J., and other points, alleges by complaint filed January 17, 1928, that the rates on wood pulp, in carloads, from Mount Tom, Mass., Berlin, N. H., and Madison, Me., to Milford, were and are unreasonable. We are asked to prescribe reasonable rates for the future and to award reparation on shipments delivered since January 17, 1926. Rates will be stated in cents per 100 pounds. Mount Tom and Berlin are on the Boston & Maine, approximately 15 and 224 miles, respectively, north of Springfield, Mass. Madison is on the Maine Central, 98 miles northeast of Portland, Me. Milford is a local station on the Belvidere division of the Pennsylvania about 35 miles north of Trenton, N. J. Within the 2-year period ending January 16, 1928, complainant received at Milford 436 carloads of wood pulp from Mount Tom, 333 carloads from Berlin, and 124 carloads from Madison. These shipments averaged 67,136 pounds and their water content ranged from 51 to 63 per cent of their weight. The shipments from Mount Tom moved to Springfield over the Boston & Maine, thence New York, New Haven & Hartford and the Pennsylvania; those from Berlin moved to Northampton over the Boston & Maine, thence Delaware & Hudson and Pennsylvania; and those from Madison over the Maine Central to Portland, thence over the Boston & Maine, the New York, New Haven & Hartford and Pennsylvania. Allowing 14 miles for car float from Harlem River, N. Y., to Greenville Piers, N. J., complainant shows the distances over routes of movement, rates assailed, rates sought, and the resultant earnings, as follows: The rates assailed from Mount Tom and Berlin are joint commodity rates; that from Madison is a combination of commodity rates of 3.5 cents to Brunswick, Me., and 28.5 cents beyond. Those rates apply over the routes of movement and, with the exception of the rate from Berlin which also applies in connection with the Delaware & Hudson, they apply only via New York, N. Y., in connection with the New York, New Haven & Hartford. The rates sought are the same as those for like distances under the local scale, or an extension thereof, of the Maine Central. The local rates of other New England carriers are approximately the same as those of the Maine Central, and in some instances competition has forced interline rates to about the same level. Wood pulp is rated sixth class in official classification, but within New England territory and from that territory to trunk-line territory the principal movements are under commodity rates which range from about 50 to 90 per cent of sixth class. The rates assailed are, respectively, 91.2, 93.4, and 78.1 per cent of the sixth-class rates of 28.5 cents from Mount Tom, 30.5 cents from Berlin, and 41 cents from Madison. By exception to the classification wood pulp is rated 90 per cent of sixth class in central territory, and from certain Mississippi and Ohio River crossings on shipments originating beyond to central territory it is accorded 80 per cent of sixth class. Complainant instances commodity rates on wood pulp for distances of 254 to 460 miles between certain points in New England which range from 56.2 to 82 per cent of the contemporaneous sixth-class rates. Commodity rates on certain other commodities, rated sixth class, from points in New England to destinations in trunk-line territory range from 52.3 to 79.5 per cent of the contemporaneous sixth-class rates. Over short routes to basing points in certain groups in Pennsylvania, Maryland, and West Virginia, a rate of 19 cents from Johnsonburg, Pa., earns 48.3 cents per car-mile and 14.4 mills per tonmile for 264 miles, and 39.4 cents and 11.7 mills, respectively, for 324 miles. From Johnsonburg to destinations in New England a rate of 24 cents produces 26.2 cents per car-mile and 7.8 mills per tonmile for 615 miles. The revenue from many other rates for comparable distances is shown by complainant for movement between points in trunk-line territory, particular attention being called to the following: Many of the rates shown apply from or to points within a group and the average distances for the groups are not given. Defendants object to the use of these rates for comparative purposes because complainant has shown no movements of wood pulp thereunder. Complainant on the other hand states that at many points from which rates are instanced there are pulp mills, and also that there are paper mills at numerous points. It urges that a fair deduction is that wood pulp moves from the pulp mills to the paper mills. Defendants show actual movements of wood pulp from producing points in Maine to destinations in trunk-line territory at rates of 25 cents for 417 miles, 28.5 cents for 480 to 700 miles, and 32 cents for 562 to 752 miles. The commodity rate of 28.5 cents from New England points in the Brunswick group and west thereof applies to most of trunk-line territory east of a line from Perryville, Md., through Harrisburg and Williamsport, Pa., to Buffalo, N. Y. From New England to other destinations in the same territory the rates are usually made with relation to the 28.5-cent rate. In Jessup & Moore Paper Co. v. B. & A. R. R., 122 I. C. C. 543, we prescribed for application on wood pulp from Wilmington, Del., to certain destinations in New England a scale of distance rates, which are higher than the rates here sought. In that case, as here, complainant sought rates on the basis of the distance rates applicable locally between points in New England. Under that scale the rates are 22 cents for 252 miles, 27 cents for 460 miles, and 28.5 cents for 534 miles, and using the average weight of complainant's shipments, the respective car-mile earnings would be 58.6, 38.9, and 35.8 cents. Complainant considers the rates prescribed in that case high for application on its shipments. It points out that the water content of the wood pulp there considered did not exceed 15 per cent of the weight of the shipments and that the average weight of those shipments was about 55,000 pounds as compared with the greater water content and average weight of its shipments. It is not practicable to fix rates on wood pulp strictly on the basis of the water content or the average weight of particular shipments. We find that the rates assailed were, are, and for the future will be unreasonable to the extent they exceeded, exceed, or may exceed 22 cents from Mount Tom, 27 cents from Berlin, and 28.5 cents from Madison. We further find that complainant made shipments as described at the rates herein found unreasonable; that it paid and bore the charges thereon; that it has been damaged thereby in the amount of the difference between the charges paid and those which would have accrued at the rates herein found reasonable; and that it is entitled to reparation, with interest. Complainant should comply with Rule V of the Rules of Practice and include any shipments moving since the complaint was filed, and, unless defendants object, the statements should be accompanied by proof in affidavit form that the charges thereon were paid and borne by complainant. If defendants object to this method of proof further proceedings may be had. An order for the future will be entered. 157 I. C. C. |