Waterbury evening Democrat., 1907-11-23
WANT A CONCESSION.
Michigan Central Puts Up a Plea
 About Carving Dynamite,


 Washington, Nov 22.-A story en- bOdying many of the elements of hu- man interest and, at the same time, of the most decided importance to many railroads and manufacturers of the United States, was developed through petition filed by the Michi- gan Central Railroad company with the inter state commerce commission.
 The railroad company asked of the commission permission to waive the thirty days notice of a change In it's freight tariffs required by law, and. in support of it's request, presented an unuusal and remarkable state of facts. Ordinarily, the commission does not grant such concessions, but in this in- stance the situation was unique and the concession was granted.
 The concessions was made with re- spect to the Michigan Centrafs traf- tic to, from, and through Canada. The railroad company asked for permis- sion immediately to cancel it's rates on the transportation of dynamite or other high explosives, so far as they applied to business to, from, or through the territory of Canada, and in its petition, stated the facts lead ing up to the request to be as fol- lows:
 "On Or about the tenth day of Aug ust last, shipment of dynamite eX plOded in a car near the station of Essex, Ont, killing two men and in- turing several others and causing much damage to surrounding prop crty. The company the Michigan Cen traD was indicted under two statutes of the Dominion of Canada, one pro- viding penalty for the maintenance of a nuisance, and the other, a pen atty for failure to exercise due care in the handling of explosives, to which the company was advised by it's Canadian counsel to plead guilty.
 "On or about the 25th day of Oc- tOber, 1907, the Honorable Justice Riddell, of the high court of justice, pronounced sentence. upon the plea of guilty of the charge of violat ting the second statute mentioned, and imposed fine of $25,000.
 Y, took occasion to declare that, in his opinion, high explosives should be carried only in cars made for that express purpose, in train in which no other freight or passengers are carried, and accompanied by per son who understands how to deal with such explosives, if by chance hoy c1, hn cl,o trouble ensue. The court also points out that common carriers in Canada are not bound to receive or carry high explosives, and it is certain that this company cannot provide the pre- cautions specified by the court With one count in the indictment still un- disposed of. we consider that the transportation of dynamite in Can ada is practically prohibited: and if we are required to give thirty days notice of the cancellation of the tariff herein referred to. it will be a great hardship and may subject this com pany to prosecution for penalties under the laws of the United States for refusing to receive such ship ments to points in Canada, or through Canada to points in the United States during the thirty days"
 The commission manifested no hesi- tation in granting the concession rf- quested in the petition. It is regard od as likely that other American lines which pass, in part through Canadian territory. and now quote rates on high explosives, either will cancel these rates promptly or ask a similar con cession of the commission.