Every evening, Wilmington daily commercial., 1922-05-08
,cct,on 10 oe IN, f,d.r~, coutro, act.

The complaint In the other cAss
attacks certain cAr-demurraGc and
storage charges at Wilmington on
various carloads OF wet nitroceiluiosc
and wet picrio acid on the ground that
they were unreasonable and not
authorized by tariffa. Reparation WAS
asked In both cases. but at tha hsar-
inx tho complainant Withdrew allcGa-
uon of unrvasonahlsnesu under soc-
ton and rested both cases on the
alleged violations OF section {,
Commissioner Lswia. speaking FOR
the commission. set forth the facts In
these two cascs AMI tho conclusions
OF commission ~ follows;
"The shipments embraced In this
case consisted Of various explosives In
carloads, originating for tho most
part at Emporium, New Castle. and
Mount Union. Pa. Aetna. Ind. Her
cules, Calf, and Fnirmount and Syra-
cuse, N. Y, which moved into Will
mington between April. 1918, and Octo-
ber. 1918, for transshipmcnt overseas,
Car floats were employed to effect de-
livery to vessels, and for this service
charge OF 7.6 cents per 100 pounds
was assessed by tho Philadelphia h
Reading In addition TO the charge for
transportation. Complainant contends
that this charge WAS unlawful. and
that It was entitled 10 free fontnxe un-
der tnrin OF defendant which pro-
vldod that rates to Wilmington paying
tho Philadelphia & Reading and It's
connections cents per 100 pounds or
over would include delivery to vessels
IN Wilmington Harbor The transpor-
tttion rates IN each instance exceeded
, cents per 100 pounds.
During the period within which these
| shipments moved tariffs of tho Philn-
dslphia & Reading contained tho fol
lowing provisions:
Freight Service by Flonts.
Freight service by Floats on traffic
except Coal. Coke. or Live Stock des-
tined TO and received from, Foreign
| Ports Via Wilmington, Del.
Trnf'ic Destined TO Foreign Ports.
! -. Unless otherwise provided by
tariffs or herein. rates TO Wilmington
| Del, published and filed with the In
/ torstate Commerce Commission, which
! pay philadelphia & Reading Railway
! company and It's connections sever
! 90 cents per 100 pounds or S1.4o pc,
! Ton tnet or gross as the case may be-
! or over. VIII include delivery tn along
side vessels I'm Wilmington Farbor
sach delivery 10 be made by car float
The territory known ae Whining
ton harbor rs described In tho tariff
"a NIL ,Npipta ~.
New Castle. Del, TO and including gov
crnment Wharf. Edge Moor. Del. ant
all points on the Christiana River be
tween tho Philadelphia & Reading
Grawbridge and the mouth OF Chris
llama river.
/ There was contemporaneously N
effect local commodity tariff apply.
iHg on powder (smokeless). picric acid
/ nitroccllulose (wet). and high ex.
rlosives. I'm carloads. In full float lots
minimum weight 10000 pounds pei
single f'oat, from Wilmington CDela
ware river pier). Del. TO alongside o
vessels lying in midstream off Della
ware river pier, Wilmington, or along
side vessels at Carney's Point, n. j
and Deep Water pier, N J. This tarii
provided the charge of 7.5 cents pc
100 pounds for floatage that was as
sessed by the Philadelphia & Read
INK on the shipments in question.
The tariff on which complainant re
, lies was not by its terms applicabl
on shipments fioatcd TO vessels in mid
stream or at piers on the New Jerse
shore opposite Wilmington. where's
the tariff covering explosive
specifically 40 applied. As 70 cue
shipments the allegation OF a viola
tion of section 6 is not sustained. Tn
former tariff applied. however. o
shipments fioated 20 vessels tied up q
piers on the Delaware side within IN
described limits Of Wilmington han
bor territory. Tho locations Of III
q vessels 10 which deliveries were mad
3 are not shown on tho record. and |
, the absence OF proof that the chare
assailed was assessed or collected
I any instance for the floatage of shir
ments 70 vessels at piers on the De
aware side OF the Delaware river with
In Wilmington harbor. the complain
, viii he dismissed without prejudice.
The complaint in No. I245O pr,
sents the question whether the d,
murrase and shortage charges asses.
, ed 10y defendant. Philadelphia
! Reading. on carload shipments Of W.
r nitrocellulose and wet picric aci
. which moved into Wilmington durir
: the year 1918 for trans shipment I
France, were in conformity with II
!. applicable tariffs. For the purpos,
!ot this report ii was agreed at II
nearing thst the shipments shou
= he considered expert shipments. lea,
r. ing TO complainant to establish that faI
4 In the future by satisfactory proof.
y that course becomes necessary.
The record shows that during II
- year 1915 large quantities of w
e nitrocellulose and wet picric acid we
- received at Wilmington over Il
= Philadelphia & Reading for tran
Shipment; that the shipments we
= heid Tor varying periods before g.
J poration; and that for their detenti,
defendant assessed and collected d
murrage charges as provided in
! tarlf OF rules governing car demu
rage. together with storage in .
cordance with its local storage tar
applicable at Wilmington. Cor
piainant contends that the demurra
So