El Paso herald. (El Paso, Tex.) 1901-1931, 1910-01-19

mentS of such articles, in carloads, that
have reached Ell Paso over competing
lines. There is no restriction in point
of time In the application of the 10
cent rate; all that is required TO en-
title the shipper TO demand that rate
to Las Cruces is to show that this
merchandise at some time came into
FL Paso over the lines of the defend
ant.
The Complaint.
On Jan. s, 1907, a mixed carload of
wire fencing, nails, and other COM
modities of that nature. was shipped
to the complainant over what We shall
here refer to as the Frisco route from
De Kalb, in the state of Illinois, 10
Las Cruces. AS matter of fact, the
car was billed to FL Paso, but the
shipping papers indicated that 1t was
intended to go through to Las Cruces
Instead of forwarding its merchandise
directly to Las Cruces over the rail
Of the defendant. which then published
a through rate, to that point of 90
cents per 100 pounds, the consignor
the American Steel and Wire company,
doubtless for the purpose of enabling
the consignee to take advantage of
what was supposed to be a lower COM
bination of rates based on Ell Paso,
forwarded the shipment over the
Frisco to Ell Paso, and there had 1t
rebilled over the defendants line to
Las Cruces, apparently by the local
agent at FL Paso. In other words, the
shipment, when delivered to the initial
carrier at De Kalb, was intended as a
! through shipment 10 Las Cruces, where
the complainant seems to be engaged
in business; and it reached that point
wholly through the agency of the car
riers, no agent of the consignor or con-
signee appearing at FL Paso, either to
take possession of the shipment or to
rebin it to Las Cruces
The Lawful Rate.
Apparently the charges to FL Paso
were prepaid at De Kalb. The lawful
rate between those points over all
lines was 81 cents per 100 pounds. The
consignor being advised, as we assume,
of the 10 cent rate over the defend
ants line from Ell Paso to Las Cruces,
apparently hoped to get the advantage
of it by using the Frisco route to FL
Paso, and thus be able to deliver It's
merchandise to the consignee at Las
Cruces at a total charge for the
through transportation of IA cents per
100 pounds, as against the through
rate over the defendants line of 90
cents per 100 pounds. But upon the
arrival of the car at Las Cruces the
defendant, instead of applying the 10
cent rate, which, under the specific
terms of its tariff, was not applicable
on commodities of this character
reaching Ell Paso by the Frisco. or
over any other Of the several available
routes from De Kalb, demanded the
rate of 80 cents per 100 pounds The
charges for the through movement
were, therefore, collected on the basis
of "a cents.
In its petition the consignee alleges
that the 80 cent rate is excessive, and
it demands the benefit of the defend
ants 10 cent rate, to which reference
has been made.
Defendants Contention.
In explanation of its two rates for
the same service, maintained at the
same time in its published tariffs, the
defendant contends that ii has the
right TO protect its Legitimate reve-
nues" by restricting the lower 10 cent
rate to Las Cruces to shipments that
have come into FL Paso over its lines
It points out that shipments may move
the entire distance over its lines from
Chicago and other points to Ell Paso;
that the Frisco and it's connections
also have a through line between those
points, and that there are several other