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NOTE. When rates are not shown in this table for the exact distance, the rates given for the next greater distance will govern. When these rates and the classification conflict, these rates will govern. Soft coal.-Slack or pea will take 80 per cent. of rates on lump or nut. Live stock.-Stock cattle and calves take 80 per cent. of rates named for cattle and hogs. Cars under 29 feet will take 94 per cent. of rates named, and cars 32 feet in length will take 104 per cent.; other cars in same proportion. Double deck.-Sheep or hogs will take 25 per cent. in addition to rates named for single deck.

Class A.

Class B.

Class C.

Class D.

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It is recommended by the Board that the foregoing rates, which are found to be reasonable rates, be adopted by the railroad companies of Kansas, and made effective August 1, 1894.

[SEAL.]

Attest: M. D. HENDERSON, Secretary.

W. D. VINCENT,

P. B. MAXSON,

JOHN HALL,

Commissioners.

By J. M. SENTER, Chief Clerk.

CASE NO. 1309.

Topeka, Kas., December 2, 1893.

The Township Board of Lane township, Smith county, and other residents of Athol and vicinity, Complainants,

versus

The Chicago, Rock Island & Pacific Rly. Co., Respondents.

Highway Crossing.

The township board of Lane township, and citizens of Athol and vicinity, in Smith county, Kansas, filed their petition in this office on the 24th day of August, A. D. 1893, asking this Board to take cognizance of their complaint, and to afford them such relief as the statutes provide in such cases.

Complainants set forth that they are residents of the town of Athol and vicinity; that they and the public are injured by respondent company in this, that there existed an established public highway, running north and south upon the section line between sections and, in township three (3) south, range fourteen (14), west of the sixth (6th) principal meridian, in Smith county, Kansas, prior to and at the time respondent company located and constructed its line of road through that portion of Smith county.

That said public highway was legally established and a plat of same was on file in the office of the county clerk of Smith county at the time of survey and location of respondent's road. Petitioners further state that the engineers locating, and the company, or their agents constructing, were notified of the existence of such legal highway at the time of such survey, location, and construction of respondent's road.

That, without regard to rights of petitioners and the public, respondent's road was constructed, establishing a grade at the point of crossing the public highway, causing a fill to be made some 12 feet or more in height; that the public highway was on a level at the point. of intersecting respondent's road before the said railroad was constructed.

Petitioners further showed that the respondent company, in constructing the public road crossing, put in fills on each side of its line of road; that these fills are too short, making the grade crossing so very steep that it is difficult for teams to cross with heavy loads, also rendering it impossible for persons approaching this crossing from opposite directions seeing each other until they are placed in a dangerous position, the public road fills being too narrow to admit of teams pass

ing each other on these fills. It further appears that said crossing is dangerously near a deep cut in respondent's line of road on the east, which, as at present situated, renders the crossing doubly dangerous.

Petitioners ask that an under-grade crossing be made for the public highway, or that the grade crossing be so improved as to obviate much of the danger complained of.

This Board viewed said location and crossing on the 24th day of November, 1893, and found the conditions complained of to exist.

This Board finds that there should be made by respondent company, a fill on the public highway on the north side of said crossing, commencing at a point in the center of said highway about 228 feet from the north outside plank of said railroad crossing, and to be constructed on a uniform grade from point of beginning to the point of termination at the above-mentioned outside plank; and a fill of like character upon the south side, commencing at a point in the center of the public highway about 378 feet from the outside crossing plank, and constructed in like manner as the fill upon the north side; each fill to be finished 20 feet wide on road face, and it is so ordered. This order to take effect January 1, 1894.

Attest: M. D. Henderson, Secretary.

By Order of the Board.

CASE No. 1311.

Topeka, Kas., December 2, 1893.

W. H. Johnson and 56 other residents of Codell and vicinity, Rooks county, Kansas, Complainants,

versus

The Union Pacific Rly. Co., Respondent.

Station Agent.

Complainants aver that they are residents of Codell and vicinity, in Rooks county, Kansas; that respondent did put in ample sidetracking and did erect a suitable depot and kept an agent at the station until about March, 1893, at which time respondent company removed the agent and closed the depot, greatly to the damage of petitioners and the public, and from which they are suffering great loss and inconvenience.

Petitioner Johnson claims that he alone shipped out from Codell station, between July 1, 1892, and March, 1893, 100 car-loads of grain, and paid during such time, to said respondent company, $1,401.82 as freight, and others beside himself shipped to the extent of some 100 cars of grain and live stock, or near that amount; that there will be

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