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company had increased the rate on bagging to Edison and other Georgia, Florida and Alabama Railway stations without first securing the consent of the Railroad Commission, as required by Circular No. 314. The Commission, therefore, required refund of charges on basis of 33 cents per hundred pounds.

Subsequently the railway company, in due form, made application for authority to make effective the change in rates referred to, said change being made on basis of lowest combination, and after due consideration the authority prayed for was granted.

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Complainant shipped car of household goods from Gadsden, Alabama to Thomson, Ga., and through error agent of the initial line omitted to mark the billlading "released." Freight charges were collected upon unrestricted valuation and upon handling the matter with the defendant railroad company, the error was detected and charges amended so as to apply on the released valuation.

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The Commission furnished correct information as to rates applicable on these shipments with a statement of overcharges, and claims were promptly paid.

FILE NO. 8333.

STEWART-MOREHEAD COMPANY,

08.

GEORGIA & FLORIDA RAILWAY COMPANY.

Inability to secure cars.

Filed in office September 8, 1908.

Complainants complained of inability to secure necessary cars for movement of cotton from Georgia & Florida Railway stations to Savannah, when routing was desired via Vidalia, Ga. Matter handled with the defendant company and adjusted.

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This was a claim of excessive charges for icing cars. After extensive correspondence and investigation claim was paid February 2, 1909.

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This was a complaint that the defendant railway company had discontinued stopping its passenger trains No. 1 and 2, at Clarking, Ga., and had caused an increase in passenger fare between Kent, Fla., and Clarking, Ga., by charging passengers rates between said point as if passengers boarded and left trains at first agency station north of Clarking. Matter taken up with the railway company but said company declined to change its rule and rate. On December 14, 1908, the Commission addressed the following letter to Mr. J. B. Munson, vicepresident of the defendant railway company:

"Replying to yours of the 12th instant, relative to the complaint of Mr. W. A. Spencer of Clarking, Ga., I beg to advise that the Commission appreciates the fact that this matter being of an interstate character, does not come within its jurisdiction, but the Board was handling same with you feeling assured that regardless as to the right of this Commission to control same, you would be ready to acknowledge any merit in any claim that might be presented. It appears from our record Mr. Spencer up to a recent date, enjoyed the privileges for which he is contending, and accordingly made his plans. The Board is of the opinion that the same facilities which obtained when he made his business connections should be continued, as no good reason has been shown why such should not be done."

On December 21st, Mr. Munson advised the Commission that an investigation had been made and instructions given to restore the rate formerly in effect, and that trains Nos. 1 and 2 would also stop at Clarking, Ga., to take on and let off passengers.

FILE NO. 8336.

CITIZENS OF PEMBROKE, GA.,

vs.

SOUTHERN EXPRESS COMPANY.

Petition for express service.
Filed in office September 8, 1908.

This was a petition, that the Southern Express Company be required to inaugurate express service on all passenger trains operated over the line of the Seaboard Air Line Railway, between Savannah, Ga. and Montgomery, Ala. Matter taken up with the express company and satisfactorily arranged on September 22, 1908.

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Complainant complained that he was being charged 80 cents per ton on coal from Chattanooga, Tenn. to Trenton, Ga., as the proportion of through rates from mines in Tennessee, whereas previously he had enjoyed a rate of 60 cents per ton as the proportion from Chattanooga to Trenton, Ga. The matter was taken up with the defendant railway company, which company re-published rate from Tennessee mines to Trenton, Ga., allowing, 60 cents per ton between Chattanooga and Trenton, as desired by the complainant.

FILE NO. 8338.

WHITE HICKORY WAGON MFG. CO.,

vs.

SOUTHERN RAILWAY COMPANY.

Claim for damage.

Filed in office September 10, 1908.

Commission advised the complainants that it had no control over claims for damage, but took the matter up with the railway company. After considerable correspondence the railway company declined to admit of liability for damage. There was also in this case a claim for demurrage, and as to this feature, claimants were requested by the Commission to furnish further information, but no response was received to said request.

FILED NO. 8339.

E. T. BOSWELL,

vs.

SOUTH GEORGIA RAILWAY COMPANY.

Claim for overcharge.

Filed in office August 17, 1908.

This was a claim for overcharge on shipment of live stock from Siloam, Ga., to Quitman, Ga. Commission furnished the railroad company with statement of correct rate and amount of overcharge and claim paid September 9, 1908.

FILE NO. 8340.

S. G. MCLENDON,
Chairman.

Semi-official correspondence.

Filed in office September 10, 1908.

This record covers correspondence by the Chairman of the Commission with various parties relative to transportation problems.

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Claimants claimed of their inability to collect several claims which they held

against the defendant railroad company. Claims handled by the Commission with said railroad company and paid October 15, 1908.

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This was a claim for loss of one barrel of spirits. Matter handled with the defendant railroad company and as said company could not show delivery, claim was paid on October 15, 1908.

FILE NO. 8345.

R. C. NEELEY COMPANY,

vs.

CENTRAL OF GEORGIA RAILWAY CO.

Claim for overcharge and damage.
Filed in office September 12, 1908.

This record covers several claims of R. C. Neely Company Waynesboro, Ga., aggregating $172.27, against the Central of Georgia Railway Company. The Commission advised by claimants on January 15th, that all of these claims, except one, had been paid and payment of that one was expected within a very short time.

FILE NO. 8346.

GRANTHAM & LESTER,

vs.

SOUTHERN EXPRESS COMPANY.

Claim for overcharge and complaint of delays to express shipments. Filed in office September 14, 1908.

Matter handled with the defendant company and claims paid, and instructions given that caused the complaint relative to delayed transportation to be removed.

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This was a petition for rating applicable, in Georgia, on hose reels, said article not being specifically provided for in the Commission's classification. After due investigation, the Commission adopted the same rating on hose reels, as carried in the Southern Classification.

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This was a claim for overcharge on shipment of cement tile. The railroad company had assessed charges on basis of straight class P rate, whereas charges should have been assessed at class P, less 20 per cent. Commission advised the defendant railroad company to this effect and instructed that claim be paid.

FILE NO. 8349.

FAUCETT & BRILEY,

vs.

ATLANTIC COAST LINE RAILROAD.

Petition for side track.

Filed in office September 15, 1908.

Petitioners desired a side track at their lumber plant near Pidcock, Ga.; they informed the Commission that they had advised the defendant railroad company of their willingness to meet its usual requirements in such cases, but that said railroad had declined to construct siding. Matter taken up by the Commission with the railroad company, on September 16th, and on October 13th, the superintendent of the Atlantic Coast Line Railroad advised the board that track would be put in under the usual terms and conditions.

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The record in this case covers claim account loss of empty cement sacks from Milltown, Ga. to Vulcanite, N. J. Investigation of the Commission not yet complete.

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This case involved rate on cross ties from local stations on the Louisville & Nashville Railroad in Georgia, to stations on said line in Tennessee. Said matter not as yet disposed of.

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Claimants based their claim for overcharge on shipment of paper boxes from Atlanta to Gainesville, Ga., on freight rule No. 4 of the Commission, which entitled shippers to lowest rate in effect whether said rate be prescribed by the Commission or is voluntarily published by the railroads. The Commission

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