crimination was illegal at common law. So was undue preference; and to charge more for a shorter than a longer distance, for the same amount and class of freight, under the same circumstances, was also illegal. Atchison, etc. R. R. Co. v. Denver, etc. R. R. Co. 110 U. S. 683 (Bk. 28, L. ed. 297). The guiding rule at common law was, What is reasonable? And that is the rule, and the only guiding rule, under this statute, where every case involves a question of law and fact, and where every case depends on its own merits. Points. Ogdensburgh St. Albans, Burlington, The petitioners never have been able to Waterbury, break down the defendant's line as a competitor Montpelier, for through business. Is it reasonable that the Rutland, instrumentality of the Interstate Commerce Ludlow, Law should be used to accomplish that purpose, when the object of the Law was to promote competition? c. The petition is based on the fourth section. No questions arise under any other section. Petitions must notify parties of what they have got to meet, otherwise interminable confusion arises on trial. White River Junction, 144 Points. Newport, As to the Petition of the Vermont State Grange. Lyndonville, A. The Rates to Boston, etc. V. The rates between Boston and Ogdensburgh and St. Albans, respectively, and other Vermont points are reasonable, and for a great variety of reasons besides those enumerated above. The rates charged compare most favorably with those of other north and south lines. The character of the country through which these roads run, the cost of construction, the cost of operation and the amount of local support will, of course, be remembered. No proper comparison can be made between Vermont Roads and roads running through Massachusetts, between Boston and New York, where there are numerous rival roads and where the roads pass through large manufacturing districts, and are operated at a compar atively small expense. The only fair test is to take other roads, situated like the Central Vermont and Ogdensburgh Roads, and compare their interstate rates. The Passumpsic Road is of this character. The St. Johnsbury & Lake Champlain Road is another. Ryegate, Points. PASSUMPSIC ROAD. ST. J. & L. C. ROAD. Miles to Distances Rates 100 lbs. 1st The rates made by the Central Vermont Road to Boston are less than the rates of either of these roads for the same distances. The rates made by the Central Vermont Road to Providence, Rhode Island, are also less than those of other Vermont lines. The rates made by the Connecticut River Railroad and the New York, New Haven & Hartford Railroad for Vermont business are higher, distances considered, than the rates made by the Central Vermont Road from St. Albans and c. As to the rates to New York, it will be other Vermont points to Boston, which latter noticed that the difference in favor of the Cenare the subject of complaint. The tables sub-tral Vermont is great on the first four classes mitted by Mr. Chittenden will show this. The of freight, and still greater on the last two local rates that begin and end in Vermont are, classes. The last two rates above are about 40 per | in Connecticut and New York on the line of cent less, for about the same distances, than the rates from Bradford and Norwich on the Passumpsic Road. d. An examination of the rates existing between Vermont points and points in Massachusetts on the line of the Connecticut River Road, and between Vermont points and points the New York, New Haven & Hartford Road, shows that these rates are considerably higher, distances considered, than the rates from Og. densburgh, St. Albans, and other Vermont points to Boston, as is shown by the following examples taken from Mr. Chittenden's statement: Northampton, Conn. R. Hartford, N. Y., N. H. & H. Boston, Northampton, Conn. R. Hartford, N. Y., N. H. & H. e. The Delaware and Hudson Canal Company's Road is an instance of a New York Railroad running through a country similar to this. A reference to the table of that company's rates, given in Mr. Chittenden's statement, shows that the Interstate rates to Boston, given by the Central Vermont Road on the east side of Lake Champlain, compare very favorably with those of the Delaware & Hudson Canal Company's for corresponding points on the west side of the lake; and in many instances the rates of the Central Vermont for corresponding distances are considerably less. For instance the Delaware & Hudson Canal Company's rate from Westport to Boston, a distance of 298 miles, is sixty cents, while the Central Vermont's rate from Alburgh to the same point, a distance of 284 miles, is only fifty-five cents. (See Mr. Chittenden's Statement.) f. The Interstate rates of the Central Vermont from points in Vermont to Boston and New York, compare most favorably with the rates for like distances of many other roads in the United States which run through farming districts, though the character of the country through which these latter roads run is such that their cost of construction and operation is necessarily small as compared with that of roads of the Central Vermont. A comparison of the rates from points on the Central Ver mont Road to Boston with the Interstate rates of the Chicago & Alton Railroad, northwest of Woodhouse, where prices are graduated by distances, shows the following: South Royalton, Rouse's Point, N. Y., 207 240 251 264 288 [408] (See Mr. Chittenden's Statement.) 45 55 55 64 55 66 55 60 70 [60] shows that the rates of the Central Vermont Railroad are much the lowest for the same or corresponding distances, as is indicated by the following table, which will be more fully explained by a reference to Mr. Chittenden's J. Again, a comparison of the rates of the Stations on Miles to Rates Rates C. & A.R.R. Rates M. & St.P.R.R. Rates C.B. & Q.R.R. C.V. R. R. N.Y. 1st class. 1st class. Rate. 60 65 68 68 70 75 75 85 90 (See Mr. Chittenden's Statement.) Iowa, Michigan and Virginia were well settled farming States in 1880, and the density of population in those States for that year is given as 29.3, 28.5 and 37.7, respectively, to the square mile. Vermont has shown a steady increase in her population since 1830, while in the States of New Hampshire and Maine a decrease took place from 1860 to 1870; in New Hampshire a decrease of 2.3 per cent, and in Maine a decrease of 0.2 per cent. b. The value in property in Vermont has also shown an increase since 1850. The as sessed and true value of property in the State from 1850 to 1870 is shown by the following figures: 1850 1860 1870 Assessed Value. $ 76,364,289 True Value. Census, estimates that the increase of valua tion due thereto was 20 per cent. With these allowances the value of property in the State shows on the whole a decided increase. c. Manufactures have also increased steadily in Vermont. The value of manufactured products in Vermont for the years 1850, 1860, 1870 and 1880, is as follows: 1850 $ 8,570,920 1860 14,637,807 32,184,606 31,554,366 1870 1880 ($27,356,909.) in 1870 on account of the state of the currency Allowing 15 per cent as the extra increase in that year, the figures for that year would stand $27,356,909, showing an increase of nearly 75 per cent between 1850 and 1860, of $92,205,049 nearly 100 per cent between 1860 and 1870, 122,477,170 and of about 15 per cent between 1870 and 235,349,553 1880. For the year 1880 only the assessed value is given by the United States Census Reports, and this was $86,806,775. The apparent decrease from 1870, as well as the extraordinary increase in 1870 from 1860, was partly due to the inflated prices current in 1870. Gold was at an average premium of 25.3 per cent, and Superintendent Walker, of the United States Year. 1850 1860 1870 1880 d. The condition of agriculture in Vermont also shows a marked improvement since 1850. The number of farms, the number of acres of improved land, the value of farm lands and the value of improvements and machinery used thereon for the years 1850, 1860, 1870 and 1880, is shown by the following table: Making the same allowance for the state of the money market in 1870 as has been made above, a marked and almost steady increase is shown. The number of persons engaged in agriculture in Vermont in 1880 was as follows: Total persons engaged, 55,251; males, 55,037; females, 214. Ages: 10 to 15-male, 1,670; female, 10; 16 to 59-male, 44,356; female, 160; 60 and over -male, 24,249; female, 883. (The membership of the Vermont State Grange is about 2,000, composed of both male and female members.) Vermont New Hampshire Iowa The average size of the farms in six States in 1880 was as follows: Vermont, 137 acres; New Hampshire, 116; Maine, 102; New York, 99; Michigan, 90; Iowa, 134. The productiveness of Vermont farms compares favorably with that of the farms of other States. Following is given the number of acres of improved land in 1879, in the States of Vermont, New Hampshire, Maine and Iowa; the value of the farm products of each of these States in the same year, and the average value of products per acre: Number of Acres of 3,286,461 2,308,112 3,484,908 19,866,541 the production of butter, milch cows, horses, live stock, hay and barley. The amount produced of the last six named articles for the years 1849, 1859, 1869 and 1879 is given as follows: Hay, tons. 866,153 940, 178 1,020,669 1,051,183 1849 1859 1869 1879 Live Stock, Milch Cows, Value. 16,586,195 Number. 146,128 174,667 180,285 217,033 The amount of Indian corn produced in 1879 is about the same as that produced in 1849. The only leading agricultural products of which the annual production has decreased are rye, hops, wheat, cheese, sheep and wool. The decrease in the case of many of the last named articles, and especially in the case of sheep and wool, is to be attributed to circumstances other than the influence of railroads. (See Compendiums of the 9th and 10th United States Census.) ARGUMENT OF HON. GEORGE F. EDMUNDS I shall, if it please Your Honors, occupy only a very few moments of your time in discussing this matter. First and principally, because I do not believe it necessary to you, or to the just disposition of this case; secondly, because I do believe it necessary that my honorable opponents and I should get the train and go home this evening. The Grangers. bound to see that justice is done. So much for that, which I will again say was quite unnecessary for my clients. Scope of the Interstate Commerce Act. Let us see where we are. This Act in its first and second sections seems to be couched First, then, as to the grangers, my clients, in *From stenographic notes of John H. Mimms, Esq., St. Albans, Vt. The Defendant Roads Within the Power and |