has ruled that where the Southern Classification carries a lower rating than is carried in the classification of the Commission, said Southern Classification rating must be used, but that in using same it must be applied to the railroads tariff and not to the standard tariff of the Commission. And, likewise, where the Commission's classification carries a lower rating than the Southern Classification, that shall be used, but must be used in connection with the standard tariff of the Commission and not applied to the tariffs of the railroad company. In other words, that the Classification of the Railroad Commission can not be used in connection with the railroads' tariff, nor can the Southern Classification be used in connection with the Commission's standard tariff; if the Commission's classification is used, the Commission's tariff must be used; and if the railroad's classification is used, its tariffs must be used.

The following letter of the Commission addressed to the claimants on November 16th, will explain the handling and the disposition of this claim:

"Referring again to the matter of claim of the Empire Printing & Box Company, growing out of freight charges on shipment from Atlanta to Gainesville, I beg to advise that upon further handling with the Southern Railway Company, Mr. R. Clifton, G. F. A. informs us that the rates from Atlanta to Gainesville are specifically published "subject to Georgia Commission classification."

“This being true, the point raised in previous correspondence that shippers were entitled to the lowest rate, whether that be arrived at by Southern Classification and the railroad company's tariff or by our classification and standard tariff, is ineffective, because as stated above, the rates specify the classification applicable. Therefore, the rates and our classification is the rate of the railroad company, and since said rate is the same as our classification and tariff, there is no lower or higher rate according as to the combination used."

W. H. SHARPE,

vs.

FILE NO. 8352.

Inability to secure cars for loading.
Filed in office September 16, 1908.

CENTRAL OF GEORGIA RAILWAY CO., Complainant requested information as to the rules of the Commission requiring railroads to furnish equipment and complained of inability to secure cars promptly. Information furnished as requested and the matter taken up with the railroad company and said company requested to give prompt attention to requisitions of the complainant for cars.

FILE NO. 8353.

ATLANTA NORTHEASTERN RAILROAD CO.

Petition for authority to Issue Bonds and Certificates of Stock for the purpose of building a line of road from Atlanta to Cumming, Ga. Filed in office September 16, 1908.

After due consideration and formal hearing, the Commission, on October 2nd, issued an order authorizing the issuance of the stock and bonds prayed for.

FILE NO. 8354.

BELL MARBLE COMPANY,

vs.

GEORGIA RAILROAD COMPANY.

Claim for overcharge.

Filed in office September 16, 1908.

This was a claim for overcharge on shipment of marble from Tate, Ga., to Macon, Ga. Investigation disclosed the fact that no overcharge was collected and claimants were so advised.

FILE NO. 8355.

CARMICHAEL-STEVENS LUMBER CO.,

vs.

SOUTHERN RAILWAY COMPANY.

Claim for penalty demurrage.
Filed in office September 18, 1908.

This was a claim for delay to shipment of terra cotta from Stevens Pottery, Ga., to claimants at McDonough, Ga. The defense of the railroad company was that the car broke down in transit, which necessitated repairs. The Commission, after due investigation was of the opinion that the long delay was not justified by the accident referred to, and on December 9th, issued formal order to the effect that after notice to show cause, served on the defendant railroad company, and upon consideration of response of said company, the Commission felt that sufficient cause had not been shown to relieve it of the penalty demurrage.

Claimant complained that he forwarded a hat by express to Madison, Ga., which was not delivered before the party to whom the hat was intended, was required to leave that point, notwithstanding said party remained in Madison several days after the expiration of a reasonable time within which the hat should have been delivered, and inquiry being made from day to day as to said shipment of the destination agent. The matter was taken up with the express company, and the Superintendent of said company, at Atlanta, telephoned to agent at Madison to locate the hat and send back to Atlanta. This was done, but because of insufficient record being made of return movement, due, according to the contentions of the express company, to lack of time, in the hurry to comply with the claimant's demands, the hat was again lost sight of upon its return to Atlanta. Claimant, therefore, purchased another hat and filed claim for the amount expended for said purpose. After considerable correspondence the express company paid the claim, there being no dispute as to its liability, but the purchase price of another hat being in question. amount of claim paid on October 15, 1908.

Full

H. D. ADAMS COMPANY,

vs.

FILE NO. 8356.

CENTRAL OF GEORGIA RAILWAY CO.

Claim for penalty demurrage.
Filed in office September 18, 1908.

The following letter of the Commission, addressed to claimants on October 26th, will explain the handling and disposition of this claim:

"Referring again to your claim against the Central of Georgia Railway Company for penalty demurrage, account car of hay shipped from Reynolds, Ga., to Macon, I beg to advise that after a thorough investigation of this claim the Commission finds the facts to be as follows: Upon arrival of the car at destination, the railroad company served you with notice that did not show the freight charges. You requested the railroad company, orally, to supply, this information, and pending a compliance by the railroad company with your request, the delay for which you made claim occurred. It appears that when the railroad company did furnish you with information as to the freight charges, you gave order for placing the car, and subsequent to your order to place car, no delay occurred.

"The Commission finds that you have no claim against the railroad company because of insufficient notice given you, as under our rules consignees can not bring in question the insufficiency of notice unless within 24 hours after receiving same written objections are filed with the delivering carrier. See the last paragraph of storage rule No. 2, page 18 of Part Two of our 35th Annuaf Report, copy of which is sent you under another cover.

"Further you can not sustain a claim against the road account delay in placing because it appears that no delay occurred in placing after you ordered the railroad company to place. It therefore, appears that the Commission can not approve your claim, and hence we return herewith papers covering."

The citizens of Shady Dale, Ga., complained that the defendant railway company had employed as agent at Shady Dale, Ga., a man who is not a telegraph operator, and petitioned the Commission to require said company to place an agent at Shady Dale, Ga., who could act also as a telegraph operator.

Formal hearing in this matter was held before the Commission on November 20, 1908, at which both the petitioner and defendant railway company were represented. The question was raised as to the right of the Commission to require a railway company to furnish telegraph service, and this question was referred to the Special Attorney of the Commission. No disposition of the petition yet made.

...

This was a claim for loss of car of salt, account destruction by fire in yards of the railway company before same was placed for unloading. The Commission handled the matter with the defendant railway company and on October 22, 1908, the General Claim Agent of said company advised that while liability rested with the Central of Georgia Railway Company, he would adjust claim and look to the last named company for reimbursement.

FILE NO. 8359.

R. B. COLE,

vs.

GULF LINE RAILWAY. ·

Claim for lost baggage.

Filed in office September 21, 1908.

This claim was filed account loss of personal baggage shipped from Sylvester to Ashburton, Ga. Matter was taken up with the defendant railway company and said company requested a detailed statement sworn to by claimant as to the contents of the lost suit case. Duly certified statement secured by the Commission and forwarded to the railway company on April 17, 1909. Matter still having attention.

FILE NO. 8360.

E. C. GOODWYN,

vs.

Rates on coal-interstate.
Filed in office September 21, 1908.

ATLANTA & WEST POINT RAILWAY AND CENTRAL OF GEORGIA RAILWAY CO. Complainants complained of unjust discrimination in rates on coal from Tennessee and Alabama mines to Newnan, Ga., and other points in Newnan's territory; alleging that to Newnan different rates applied on domestic coal and on steam coal, whereas to other nearby points the rates were the same on both grades of coal. The Commission advised the complainant that the rates in question were beyond its control, but took the matter up with the railroad companies at interest and on September 26th, said companies advised the Commission that arrangements had been made to publish the same rates to Newnan on domestic coal as applied on steam coal, and that said revised rates would be made effective as soon as necessary requirements of the Interstate Commerce Commission could be complied with.

COLLIER LUMBER COMPANY,

vs.

FILE NO. 8361.

Claim for overcharge.

ATLANTA, BIRMINGHAM & ATLANTIC Filed in office September 23, 1908.

RAILWAY COMPANY.

This was a claim for overcharge, alleged over-weight. Claimants contended

that the number of feet of lumber shipped, based on estimated weights prescribed by the Commission for such lumber, per 1,000 feet, would not equal the weight upon which the railroad collected freight charges. Matter was handled with the railroad company and said company furnished the Commission with certificate of weight certified to by sworn weigher, showing that the weight upon which freight charges were assessed was the actual weight of the lumber. The Commission forwarded said certificate to complainants and advised them that the rule of the Commission prescribing estimated weights only applied in cases where actual weights could not be ascertained and inasmuch as the railroad company had submitted certificate of sworn weigher, showing the actual weight, it would be necessary to show that the weight thus ascertained was incorrectly ascertained, else the same would have to control.

Claim taken up by the Commission with the defendant railway company, which advised the Board that while it held clear delivery receipt from its connections for this shipment, it would voucher claim and look to claimants for protection if it was ultimately shown that final delivery was made.

FILE NO. 8363.

GRIFFIN CONSTRUCTION COMPANY,

vs.

GEORGIA RAILROAD COMPANY.

Claim for refund of demurrage.
Filed in office September 23, 1908.

This was a claim based upon alleged failure of the railroad company to give notice of arrival. The railroad company contended that notice of arrival was served, personally, by leaving notice at place of business of claimant. On October 7th, the Commission wrote the claimant as follows:

"Referring again to your claim against the Georgia Railroad for refund of demurrage, I beg to advise that the railroad company sets up that notice was left by hand at your office at 508 English-American Building at 11:25 a. m., August 22, 1908. If this is true, under the rules of the Commission, that was actual service. The rule of the Board prescribing that where a consignee shall make oath that neither he nor any of his agents received notice applies only where notice is alleged to have been sent by mail. No exception is made to cases where service is given by hand, as in this case. Under these facts, the Commission can not approve your claim, but, of course, we still hold the record open if you have any way of disproving the contention of the railway company."

FILE NO. 8364.

CITIZENS OF THOMASTON, GA.,

vs.

CENTRAL OF GEORGIA RAILWAY Co.

Switching trains at Thomaston.
Filed in office September 24, 1908.

The Citizens of Thomaston, Ga. complained that the Central of Georgia Rail