The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1907-10-04
WOULD DECLARE PRIVATE
BRANCH A COMMON CARRIER
POLK-WEBSTER PHOSPHATE COMPANY FIJI .FS
FORMAL COMPLAINT AGAINST THE
L. CO NJ RAILROAD
CHARGES FROM MT PLEASANT TO ARROW
MINES HAS REFUSED FREIGHT COMPLAINANT
UNJUST DISCRIMINATION is ALLEGED

lover this road are also alleged to have
been made for the Enterprise Lum
Der Company.
In view of all these allegations the
complaint insists that the road is a
common carrier under the control OF
the Louisville & Nashville Railroad.
1t is charged that despite these facts
the railroad has refused to accept or
transport freight for the complainant
company. Upon this point the COM
plant alleges:
Petitioner has endeavored' to make
an arrangement with each and all Of
the said companies for the shipment
OF its rock over said railroad. The
Tennessee Chemical Company was
willing, and is still willing as they ex-
pressed themselves orally, to make the
arrangement and to allow the track
to be extended at petitioners cost into
its own property and allow petitioner
to load on the same. The portion of
the track and the land next to petition
er being under control of the Tonnes
see Chemican Company, but the Vir-
vinia Carolina Chemical Company and
the Charleston Mining Company will
not allow the rock to pass over this
branch line of the l.. & N. r. r. and
the Tennessee Chemical Company will
not agree without their consent"
1t is charged that the railroad has
also refused to haul the rock of the
complainant without the consent of
the corporation named, and that the
Virginia-Carolina Chemical Company
will not allow the rock to pass over
the line, either by sale to the Tennes-
see Chemical Company or otherwise.
BY reason of this alleged discrimi-
nation the complainant has been
forced to haul it's rock in wagons 21S
miles at cost of rs cents per ton and
then could only procure a small por-
ton of the siding at Jackson Switch,
wholly insufficient to accommodate
the output of its rock from it's mines.
1t is also charged that at this switch
there is now stored large amount OF
rock, but that two cars only can be
obtained at a time and that much
rock has been mined ana is lying ex-
posed to the elements because of lack
of adequate shipping facilities.
1t is insisted that the action OF the
defendant railroad company in FUR
nishing its cars, rolling stock and
crew to the other defendant compan-
for the benefit of private corpora
lions is in the nature of rebate or
to them and is violation
Of the laws of the United States, IL
being insisted that this branch line
is common carrier. The commission
Is asked to so hold.
This complaint is filed pursuant TO
recent Q0clSlOn VI IHC 90
tiles in similar case in which it was
held that the private line operated
by comon carrier became a COM
mon carrier, and the compliments
counsel is confident that the decision
Of the Railroad Commission VIII De
along the same lines. This question
is of paramount Importance to the peo-
n,o Of Maury county and other phos-
nhate producing counties. There are
are number of similar roads which,
Il declared to be common carriers
would result in the opening up OF new
mines and in the shipment OF tnou-
sands of tons additional of phosphate