Arizona republican., 1910-12-31
COMPLA ANT FILED BY
 ARIZONA COMMISSION
E. p. & S. w. AND S. p. RAILROADS MADE DEFENDANTS BE-
 FORE I. C. c.
New Rate Asked For in Behalf of Bis
 bee Shippers.

forwarded to the interstate commerce
 commission under date of December
 2, a complaint in behalf of Bsbee
 shippers, against the Fl Paso &
 Southwestern system and the Southern E Pacific company. The complaint seeks
 to enforce the establishment of a
 through rate on bottles from Bisbee to
 Los Angeles, and the recovery of $540.33
 by B. F. Faust of Bisbee, which is re-
 garded as an excessive charge on ship
 ments already made The incident af-
 lords an illustration of the service of
 the commission to individual shippers
 as well as to communities and the ter
 ritory generally. MT. Faust brought his | complaint before the board of trade of Bisbee. which regarded it as a just | grievance and an illustration of a need
 ed rate change. The board of trade
 laid the matter before the commission.
 which has taken it up with the inter i state commerce commission, the com plaint reading as follows. except the | first two paragraphs. which recite the
 authority of the complainant and the
 fact that the defendant companies are l common carriers:
 I'll. That defendant Fl PasO X Southwestern system has in force and | does now maintain in its tariff G. F. O. No 507-D. l. C. C. No. 670. effective i January 2, 1910. a rate If l3 cents per 100 pounds on returned empty beer bottles. carloads, from Bisbee, Arizona. to Benson. Arizona and that defend ant Southern Pacific cOmpany has in force and does now maintain in Its local freight tariff No. 571. l. C C. No. 32sS, effective November 20, 1909, rate of 37 cents per 100 pounds on empty second hand bottles, carloads. from. Benson. Arizona, tO Los Angeles, California. the combination of these two rates making through rate of 90 cents per 100 pounds.
 "IV That defendants do not main tain a through rate on empty second hand bottles. carloads. from R!sbee to Los Angeles other than the fifth class rate of SPA. as named in Pacific freight tariff bureaus joint and pro- portional freight tariff No. 26. l. C. c. No. 24. effective March 9. 1910. in which tariff both the defendant car riers have filed cOncurrences.
 "V. That the maintenance and ap- plication of the said fifth class through rate on empty second hand bottles from Bisbee. Arizona. to Los Angeles, California, is unjust. unreasonable and excessive, and that q through com moditv rate should be established not exceeding the through combination rate referred to in paragraph 2 herein.
 VI. That by reason of the facts herein set forth, the defendants have been and are now subjecting certain tradesmen of Bisbee. Arizona, and the traffic in empty bottles at that point. to unjust and unreasonable charges for the transportation of property as above described. and to unjust discrimination and undue and unreasonable preJudlce and disadvantage, all of which IS m violation of the act to regulate com merce as amended. and more particu- larly sections 1 and thereof
 VII That E. F. Faust, dealer in second hand bottles. in the city or Bisbee. Arizona, shipped two carloads of empty second hand bottles, loaded in cars s. F. 1s5S4 and s. r. l93l3, from Bisbee, Arizona, on october l5, lSO'' destined Los Angeles. California TOT the Los Angeles Brewing company routed via the Fl PasO X Southwestern railroad to Benson, Arizona, and thence l via the Southern Pacific company to destination. That the shipment Tn | question weighed 65,l00 pounds, and ! freight charges were assessed and col | lected thereon at the through fifth | class rate of $133 per 100 pounds. as named in Southern Pacific companys tariff, joint special rate No. 22. l. c. C. l 2S25. effective January r. 1907. the ! charges thereon amounting to sS65-S5
 VIII. That at the time this ship | ment moved defendant Fl Paso X Southwestern system maintained III us tariff G. F. o. No. 5O7-B, l. C. C. NO. | 393, effective June II, 1907. a rate oI | 13 cents per 100 pounds on returned empty beer bottles, carloads. from Bis bee. Arizona, to Benson. Arizona, ana ! defendant Southern Pacific company | maintained in its tariff, interstate com modity rate No. 9. l. C. C. No. 2SZ'' CT !, fective January r, 1907, rate or S' cents Der 100 pounds on empty second | hand bottles, carloads, from Behsoh' Arizona, to Los Angeles, California; this combination making a through | rate of 90 cents per 100 pounds on | which basis the freight charges on the shipment in question would have been $325.5O.
 TX That, in order to take adVaht- age of the combination rate referred to | above, this shipment was originally consigned to the Citizens Bank of Ben son, Arizona. the complainant having | given instructions to the said Citizens Bank of Benson to pay the ireiShl | charges from Bisbee to Benson and re- shin the two cars of empty bottles 10 the Los Angeles Brewing company Los Angeles. California; acting on the ao- vice of defendants joint agent at Ben son, who enormously informed the salu bank that the through rate from BIS bee to Los Angeles was lower than the combination over Benson, the said Clti- zens Bank of Benson was influenced to deviate from the shipping instructions of the complainant. and to let the con signment go forward as through shipment from Bisbee to Los Angeles which action resulted in the appllca- ton of the through fifth class rate or $l33 per cwt.. instead of the comDln- ation rate of 90 cents.
 wherefore the petitioner prays that the defendants may be required to an swer the charges herein. and after