Second and fourth class rales except where commodity rates indicated by an asterisk are in effect from New Orleans, etc.-Continued

2 Commodity rate applicable on barrels or drums, iron or steel, any gauge, minimum weight 16,000 pounds, subject to sliding scale for graduated minima.

Distances from Pittsburgh, Pa.

Distances from Portsmouth, Ohio.

Column A shows U. S. standard gauge thicker than No. 20, rated fourth class in southern classification.

Column B shows U. S. standard gauge No. 20 and thinner, rated second class in southern classification.

157 I. C. C.

No. 211811

RIVERSIDE MONUMENT WORKS v. ERIE RAILROAD COMPANY ET AL.

Submitted March 15, 1929. Decided August 15, 1929

1. Rate on rough-quarried granite from Barre, Vt., to Arlington, N. J., found unreasonable. Reparation awarded.

2. Rate on rough-quarried and polished granite from Quincy Adams and West Quincy, Mass., and Barre and South Ryegate, Vt., to Rochelle Park, N. J., found unreasonable. Reasonable rates prescribed and reparation awarded.

Eric E. Ebert for complainants.

Bronson Jewell, W. W. Meyer, and H. A. Lindmark for defendants.

REPORT OF THE COMMISSION

DIVISION 3, COMMISSIONERS AITCHISON, TAYLOR, AND PORTER

BY DIVISION 3:

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

Complainant in No. 21181, a corporation engaged in the granitecutting business at Rochelle Park, N. J., alleges by complaint filed June 22, 1928, that the fifth-class carload rates charged on granite, sawed more than four sides, or polished or otherwise manufactured; and the sixth-class carload rates charged on granite, rough quarried, or sawed four sides or less, from Quincy Adams and West Quincy, Mass., and Barre and South Ryegate, Vt., to Rochelle Park, delivered or tendered for delivery since November 27, 1925, were and are unreasonable. We are asked to prescribe reasonable rates for the future. and to award reparation on past shipments. An informal complaint covering shipments of rough and polished granite was received November 26, 1927, and that file was closed on January 23, 1928. Formal complaint was duly filed thereafter.

Complainant's shipments consisted of polished and rough-quarried granite from Quincy Adams, polished granite from West Quincy, and rough-quarried granite from Barre and South Ryegate. One shipment of polished granite from West Quincy also contained five pieces of carved granite weighing 10,920 pounds.

1 This report also embraces No. 21181 (Sub-No. 1), Albert H. Hopper v. Montpelier & Wells River Railroad et al.

Complainant in No. 21181 (Sub-No. 1), an individual cutting and finishing granite at North Arlington, N. J., alleges by complaint filed October 10, 1928, that the sixth-class carload rate charged between March 23, 1926, and February 20, 1928, on rough-quarried granite from Barre to Arlington, N. J., was unreasonable. Reparation only is sought. An informal complaint was received March 22, 1928, and that file was closed on April 14, 1928. Formal complaint was duly filed thereafter. Shipments of this complainant consisted of rough granite, except that one carload contained one piece of carved granite weighing 2,000 pounds, on which shipment the fifth-class rate was charged. Rates will be stated in cents per 100 pounds.

Quincy Adams and West Quincy are on the New York, New Haven & Hartford, hereinafter called the New Haven, 9 and 10 miles respectively, south of Boston, Mass. Barre and South Ryegate are on the Montpelier & Wells River, 228 and 190 miles, respectively, northeast of Boston. Rochelle Park is on the New York, Susquehanna & Western, hereinafter called the Susquehanna, and Arlington is on the Erie, 15.1 and 6.8 miles, respectively, north of Jersey City, N. J.

Two all-rail routes are available from Barre and South Ryegate to Rochelle Park. The shorter of these is over the Montpelier & Wells River to Wells River, Vt., Boston & Maine to Northampton, Mass., New Haven to Danbury, Conn., Central New England to Campbell Hall, N. Y., Erie to Passaic Junction, N. J., and the Susquehanna to destination. Over this route; hereinafter called the Poughkeepsie route, the distances from Barre and South Ryegate to Rochelle Park are 413 and 376 miles, respectively. The other route is over the Montpelier & Wells River to Wells River, Boston & Maine to Mechanicville, N. Y., Delaware & Hudson to Binghamton, N. Y., Erie to Croxton, N. J., and the Susquehanna to destination. Over this route, hereinafter termed the Mechanicville route, the distances from Barre and South Ryegate to Rochelle Park are 626 and 589 miles, respectively. These routes are also available from Barre to Arlington except that to the latter point the Erie is the delivering carrier. The Poughkeepsie route generally used on shipments from Quincy Adams and West Quincy to Rochelle Park is over the New Haven and Central New England to Campbell Hall, the Erie to Passaic Junction and the Susquehanna beyond, 317 miles. The shortline route via Harlem River is 242 miles. Shipments of complainant in the title case moved over the Poughkeepsie route and shipments of complainant in No. 21181, (Sub-No. 1), moved over both routes. The distances from Barre to Arlington are 411.5 miles over the Poughkeepsie route and 614 miles over the Mechanicville route.

The granite under consideration, polished on one side only and unfinished otherwise, varied in value from $3.50 to $7 per cubic foot at the quarries. A cubic foot weighs about 200 pounds. The roughquarried granite considered ranged in value from $2 to $5 per cubic foot at the quarries. Defendants assert that granite from Quincy Adams and West Quincy is of the highest quality. They point out that the value of the granite considered in Plymouth Quarries v. N. Y., N. H. & H. R. R. Co., 129 I. C. C. 621, ranged from $12 to $14 per ton.

Rough-quarried granite and granite sawed four sides or less are rated sixth class. Granite sawed more than four sides, or carved, lettered, polished, traced, chiseled, dressed, hammered, or sand rubbed, is rated fifth class. From Barre and South Ryegate to Rochelle Park and Arlington the fifth-class and sixth-class rates are 36.5 and 30.5 cents, respectively. From Quincy Adams and West Quincy to Rochelle Park the fifth and sixth class rates are 32 and 28.5 cents, respectively.

The sixth-class rate of 30.5 cents applied on rough-quarried granite from Barre and South Ryegate to Rochelle Park prior to July 16, 1928. On that date a commodity rate of 25 cents became effective. Prior to February 27, 1928, and since July 16, 1928, the rate on rough-quarried granite from Quincy Adams and West Quincy to Rochelle Park was 28.5 cents. From and to the dates mentioned, inclusive, a commodity rate of 22.5 cents was in effect. The sixthclass rate of 30.5 cents applied on shipments of rough-quarried granite from Barre to Arlington prior to February 20, 1928, on which date a commodity rate of 25 cents became effective. On polished granite from Quincy Adams and West Quincy to Rochelle Park the fifth-class rate of 32 cents was and is applicable.

Complainants instance commodity rates on rough-quarried granite as follows: From points in Vermont to points in New Jersey, New York, Pennsylvania, and Ohio, 376 to 1,016 miles, 25 cents; from Hardwick, Vt., to Le Roy and Buffalo, N. Y., 557 and 563.5 miles, respectively, 20.5 cents; and from Concord and Suncook, N. H., to points in New Jersey and New York, 348.5 to 559.5 miles, 22.5 cents. This last rate applies from Concord and Suncook to many points in the vicinity of Rochelle Park and since July 16, 1928, has applied to that point. Defendants point out, however, that New England is subdivided into groups in connection with rates to and from trunkline territory and that Barre and South Ryegate are in the northern group taking class rates higher than Concord. To points in close proximity to Rochelle Park the rate from Barre and South Ryegate on rough granite is 25 cents, the same as the rate to Pittsburgh, Cleveland, and numerous points in central territory. To these

central-territory points a 28-cent rate applied from Barre and South Ryegate on carved, lettered, polished, or traced granite, whereas a rate of 30.5 cents applied on rough granite to Rochelle Park for less than one-half of the haul.

From Quincy Adams, West Quincy, and East Weymouth, Mass., a 24-cent commodity rate applied on rough-quarried granite to points in New Jersey, New York, and Pennsylvania, 316 to 602 miles, and a commodity rate of 27 cents on polished granite. From Quincy Adams and West Quincy to points in West Virginia, Pennsylvania, New York, and Ohio, 648 to 919 miles, a 25-cent rate applies on rough-quarried granite and 28 and 28.5 cents on polished granite.

Prior to July 16, 1928, a 22.5-cent rate applied on granite, rough quarried, or sawed four sides or less, from Quincy Adams and West Quincy to Hackensack, Jersey City, Montclair, Newark, Passaic, and Paterson. To Newark a rate of 27 cents applied on polished granite, while the rate on granite, sawed more than four sides, chiseled, dressed, hammered, or sand rubbed was 24 cents. The 22.5-cent rate did not apply to Passaic, Paterson, Montclair, and Hackensack prior to January 22, 1927. The present rates to these New Jersey points are 22.5 cents on rough-quarried granite; 24 cents on granite, sawed more than four sides, or chiseled, dressed, or hammered; and 28 cents on polished, carved, lettered, or traced.

Defendants show that the fifth and sixth class rates from Quincy Adams and West Quincy to New York lighterage points are 31 and 25.5 cents, respectively. The present commodity rates to these points are 20.5 cents on rough-quarried granite, sawed, hammered, chiseled, or dressed, and 25 cents on polished granite, including monuments and parts thereof.

Complainants point out that the 28-cent rate on polished granite from Quincy Adams and West Quincy to New Jersey points near Rochelle Park is as high as the 28-cent rate on granite polished, lettered, or carved from Quincy Adams to points in central territory for hauls of 800 to 900 miles in contrast with the distance of 317 miles from Quincy Adams to Rochelle Park and 335 miles to Newark. Effective December 6, 1926, a commodity rate of 27 cents applied on polished granite from Quincy Adams and West Quincy to Basking Ridge, Lyndhurst, and Orange, N. J., points in the vicinity of Rochelle Park and Arlington. Since July 16, 1928, this rate has been 28 cents.

No commodity rates have been published from Quincy Adams and West Quincy to Rochelle Park on polished granite, nor are any in effect at present between these points on rough-quarried granite. As heretofore stated, between February 27, 1928, and July 16, 1928, a