unreasonable; that they were 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 they are entitled to reparation, with interest. Complainants should comply with Rule V of the Rules of Practice, including in the statement shipments made subsequent to the filing of the complaint herein, accompanied by affidavits that they paid and bore the charges thereon. If defendants object to proof in that form, complainants may request a hearing on the question of reparation.

RATES FROM VIRGINIA AND NORTH CAROLINA

The points of origin in Virginia and North Carolina are Suffolk and Franklin, Va., and Edenton, Enfield, and Lewiston, N. C. The rates from these points to Omaha, Council Bluffs, and Lincoln are combinations of proportional rates to and from Cairo and East St. Louis, Ill., or Memphis, Tenn. The factors and through rates are shown in the following table. The rates from Edenton are representative of those from the North Carolina points.

To base Beyond Through To base Beyond Through To base Beyond Through

Applies on uncleaned peanuts, also on cleaned peanuts not covered by footnote 3. Applies on cleaned peanuts from Edenton; applies on cleaned peanuts from Franklin only when expense bills of S. A. L., Albemarle Steam Navigation Company or Southern Railway are surrendered. Fourth-class rate.

The lowest rates from Suffolk apply via St. Louis whereas the lowest rates from Franklin and Edenton apply via Memphis.

At the hearing complainants stated that they are satisfied with the factors from Suffolk to the river crossings but that they seek a reduction in the factors from Franklin and Edenton to St. Louis and in the factors from the river crossings to Omaha and Lincoln.

In the following table the lowest rates from Franklin. Edenton, and Suffolk to Omaha and Lincoln are compared with rates prescribed by us in other cases.

157 I. C. C.

1 Prescribed in Western Brokerage Co. v. A. C. L. R. R. Co., 112 I. C. C. 103. Prescribed in Oklahoma Traffic Asso. v. C. R. I. & P. Ry. Co., 100 I. C. C. 307. Prescribed in Loose-Wiles Biscuit Co. v. St. L.-S. F. Ry. Co., supra.

Distance considered, the rates assailed shown in the above table compare favorably with the rates prescribed in the cases cited. A rate of $1.20 from Suffolk on traffic moving via Memphis would compare favorably with the rate of $1.175 prescribed to Kansas City.

We find that the rates assailed in No. 20455 were not and are not unduly prejudicial or unjustly discriminatory. We further find that the rates assailed from Suffolk on traffic moving via Cairo or Memphis were, are, and for the future will be unreasonable to the extent that they exceeded, exceed, or may exceed $1.20; but that the rates from the points of origin in Virginia and North Carolina to Omaha, Lincoln, and Council Bluffs were not and are not otherwise unreasonable. None of the complainants' shipments from Suffolk moved via Cairo or Memphis.

FOURTH-SECTION APPLICATIONS

Such portions of the above-numbered fourth-section applications by which carriers parties thereto ask, among other things, for authority to continue to charge for the transportation of peanuts, in carloads, from Suffolk to Omaha and Lincoln, rates which are lower than the rates contemporaneously maintained on like traffic from Franklin and other intermediate points; also for authority to continue to charge for the transportation of peanuts, in carloads, from points of origin in Georgia, North Carolina, and Virginia to St. Paul and Burlington, rates which are lower than the rates contemporaneously maintained on like traffic to Omaha, Lincoln, and other intermediate points were assigned for hearing in connection with these proceedings. The distance to St. Paul via Omaha and Lincoln is about 350 miles greater than over the direct route. Defendants stated at the hearing that they do not desire any fourth-section relief in connection with Omaha-Lincoln-St. Paul-Burlington situation.

157 I. C. C.

As to the situation at the origin end they ask that the fourth-section features be deferred pending the outcome of the general class investigations now pending, but offered no evidence in support of the relief sought.

Those portions of the fourth-section applications above referred to will be denied. Appropriate orders will be entered.

157 I. C. C.

No. 201021

JOHN J. QUINN COMPANY, INCORPORATED, v. ATLANTA, BIRMINGHAM & ATLANTIC RAILWAY COMPANY ET

AL.

Submitted October 22, 1928. Decided October 7, 1929

1. Rate on ground bituminous asphalt rock, in carloads, from Bowling Green, Ky., to Daytona Beach, Fla., found unreasonable. Reasonable rate prescribed and reparation awarded.

2. Rates on like traffic from Bowling Green to Lake Worth, Lantana, Fort Lauderdale, and Miami, Fla., found not unreasonable.

J. O. Cassidy, Frank E. Harrison, jr., and F. C. Hillyer for complainants.

William Burger and Frank W. Gwathmey for defendants. J. Prince Webster for Wm. P. McDonald Construction Company, intervener.

REPORT OF THE COMMISSION

DIVISION 3, COMMISSIONERS AITCHISON, TAYLOR, AND PORTER BY DIVISION 3:

Exceptions were filed by the parties to the report proposed by the examiner. Our conclusions differ somewhat from those recommended by him.

Complainant in No. 20102, a corporation, successor in interest of John J. Quinn, a general contractor formerly doing business as John J. Quinn Company, alleges by complaint filed September 6, 1927, that the rates on bituminous asphalt rock, in carloads, from Bowling Green, Ky., to Miami, Lantana, and other points in Florida on the Florida East Coast on and after September 7, 1925, were and are unreasonable. In No. 20102 (Sub-No. 1), complainants, county commissioners of Volusia County, Fla., and in No. 20102 (Sub-No. 2) complainant a corporation in the general contracting business, allege by complaints filed November 7, 1927, that the rates on bituminous asphalt rock, in carloads, from Bowling Green to Daytona Beach and Lake Worth, Fla., respectively, on and after November 8, 1925, were and are unreasonable. In each case reason

This report also embraces No. 20102 (Sub-No. 1), County Commissioners of Volusia County, Fla., v. Same, and No. 20102 (Sub-No. 2), Robert G. Lassiter & Company v. Same.

able rates for the future and reparation are sought. The Wm. P. McDonald Construction Company, manufacturing "Macasphalt" at Lakeland, Fla., intervened at the hearing, but presented no evidence. Rates will be stated in amounts per net ton, except where otherwise noted.

Although the rates from Bowling Green to points on the Florida East Coast in Florida other than Miami, Lantana, Daytona Beach, and Lake Worth are assailed, the only evidence of probative value introduced by complainants is directed against the rates to these points and Fort Lauderdale, Fla. This report will, therefore, deal only with the rates assailed from Bowling Green to the points specifically mentioned.

The commodity under consideration is sandstone, impregnated with bitumin, which has been blended to secure the proper proportion of bitumin and ground to the fineness of corn meal. The finished product is known commercially by its trade name "Kyrock" and will hereinafter be called by that name. It is used for surfacing streets and highways and makes a finished roadway when spread on a prepared base and cold-rolled. It is produced at Kyrock, Ky., a point on the Nolin River and must be transported by barge 71 miles to Bowling Green, a point on the Louisville & Nashville. It sells for $8 per ton f. o. b. Bowling Green, moves in open-top equipment and is not subject to damage by the elements. The movement is continuous throughout the year. The Louisville & Nashville in 1926 transported 4,320 cars of Kyrock with an average weight of 49.7 tons.

Complainants tendered for inspection, at the hearing, freight bills covering several hundred carloads received by them in 1925 and 1926. Their shipments averaged approximately 55 tons but moved when an embargo on freight to Florida required shippers to secure permission to make shipments south of Jacksonville, Fla., and only large cars were used which were loaded to capacity. Most of these shipments were routed and moved over the Louisville & Nashville to Montgomery, Ala., the Atlantic Coast Line to Jacksonville and the Florida East Coast to destinations. The distances over this route are as follows: 875 miles to Daytona Beach, 1,071 miles to Lake Worth, 1,074 miles to Lantana, 1,106 miles to Fort Lauderdale and 1,131 miles to Miami. Charges were collected at a combination of proportional rates to and beyond Jacksonville. The proportional rate to Jacksonville, 692 miles over the short-line route, is $4.38. The total distances over the short-line route to destinations, the distance beyond Jacksonville, the applicable rates charged and those sought are as follows: