The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-07-25
Cucumber Wanted Her Money After She Had Picked the
SHIPPERS AND RAILWAYS
Two Important Decisions In Mont
peIIer and Barre Cases.

PSlieT anu barre OdSSb'
Montpelier, July 25-Two of the
recent decisions of the Interstate
Commerce Commission are of inter.
est in Vermont.
The claims in question were filed in
May and the reports are dated June
~ and are by Commissioner Prouty.
The first is the G. E. Tayntor Gran.
tie company Of Barre against the
Montpelier and Wells River railroad
ct al. The following extracts cover
the case:
This case and the eight following
cases were heard together and in.
volve the same question. For many
years previous to August /, 1907 the
minimum applicable to building stone
under the official classification had
been 10000 pounds. On August list his
minimum was advanced to 10000
pounds and the reasonableness of the
present minimum is the matter in
dispute.
BY the official classification rough
quarried granite, released to a value
of 20 cents per cubic foot, is rated
sixth class, with minimum OF $4,000
pounds. Building stone Of all kinds
is classified as sixth class with a for
mer minimum of 10000 pounds and a
present minimum OF 10000 pounds.
Building stone is ordinarily cut at
the quarry into the shape which II
finally occupies in the building, each
piece being designated for some par
ticular part of the building The
Jones Brothers company, complainant
of record in most Of the following ca
SEES and the complainant in interest
IN this case, does an extensive bust
ness in Barre. VT, In the cutting of
vaults and mausoleums. The stones
are cut before being offered for trans
portation to fit the place which they
finally occupy.
The testimony showed that the cars
| furnished by the Barre railroad were
not of standard length or width. II
also appeared that at other quarries
where building stone was produced ia
| large quantities no difficulty was eX.
perienced In loading 10000 upon stan
| dard cars.
After considerable testimony had
| been taken the carriers requested an
adjournment for the purpose of con
ference with view to amending their
tariffs upon granite and building stone
| and an adjournment was taken fol-
that purpose. Upon resuming the
hearing II was stated that the mini
mum upon building stone should be
dard cars &c feet in length and up
ward, 10000 pounds upon cars of less
size. The conclusion thus reached
the parties accords fairly well with
| the impression which the commission
has from the testimony, and VIC there
fore hold that the present minimum oil
10000 pounds upon building stone IL
unreasonable and unjust; that min
imum of $4,000 pounds upon cars 81
feet In length and over, and of 30,00l
pounds upon the cars of less than .;
feet. would be reasonable for the fut
ure, and will issue an order establish
ing these minimums.
Jones Brothers Company vigorously
protested from the first against the
advance of this minimum, and II seek:
in these various suits to recover re
paration by reason OF the imposition
of the unreasonable minimum of 40,
900 pounds. No reason is apparen
why damages should not be awarded
for the excess paid over and above
what would have been paid upon th'
minimums found to be reasonable ant
ordered to he established.
The c. L. Tayntor Granite Comban,
is a corporation located and dcinl
business in the city of New York, n
Y. Between August 81, 1907 and DC
toDer g. 1907. Jones Brothers Com
pauy shipped to hte c. Il. Taynto
Granite company four carloads o
granite. These cars were all shipped
from Barre VT, to Lestershire, n. Y
over the lines OF the Montpelier &
Wells River railroad Boston 4 Main'
railroad, Delaware & Hudson com
pany and Delaware, Lackawanna
Western Railroad company The rat
collected was II cents per 100 pounds
upon a minimum Of 10000 pounds
amounting to 1912. The cars were II
all cases less than SO feet IN length
and charges should have been assess
ed upon a minimum of 10000 pounds
and so assessed would have amounted
to $22950. The c. 4. Taynton Gran
tie company has therefore paid to tn
above defendants $42.50 i'll excess o
a Just and reasonable charge which
amount It is entitled to recover witt
interest from November l, 1907.