A," is, to say the least, more uniform, but we are of the opinion 120_ 140. 150_. 160 170_ 180_ 190 240 250. 44 38 33 80 65 23 23 23 14 11 23 23 28 19 14 11 8 Provided, however, That where said defendant, the Louisville & Nashville Railroad Company has in effect a tariff, or tariffs of rates, upon any commodity or commodities belonging to either of said classes and for any of said distances, less than that shown in said Maximum Table of Rates, and herein designated "maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 1, Applicable to the Louisville & Nashville Railroad," said defendant shall not charge, collect or receive rates in excess of that shown by said tariff or tariffs. The Commission is further of the opinion that the Maximum Mileage Scale of Rates published in Nashville, Chattanooga & St. Louis Railway Company's Local Tariff Number 7, effective May 1, 1900, for all distances therein shown under classes 1, 2, 3, 4, 5, 6, A, B, C, D, E, H, F, L, M and N, are extortionate, unjust and unreasonable in so far as same are in excess of the rates herein fixed in table designated "Maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 1, Applicable to the Louisville & Nashville Railroad Company.' It is, therefore, Ordered, That the said defendant, the Nashville, Chattanooga & St. Louis Railway Company be, and it is, hereby forbidden to charge, collect and receive for the transportation of commodities to and from points wholly within the State of Kentucky, rates in excess of the rates shown in said "Maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 1, Applicable to the Louisville & Nashville Railroad," and for the classes and distances therein stated. Provided, however, That where said defendant, the Nashville, Chattanooga & St. Louis Railway Company has in effect a tariff, or tariffs, of rates upon any commodity or commodities belonging to either of said classes and for any of said distances, less than that shown in said Maximum Table of Rates, and herein designated "Maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 1, Applicable to the Louisville & Nashville Railroad Company," said defendant shall not charge, collect or receive rates in excess of those shown by said tariff or tariffs. The Commission is further of the opinion that the maximum mileage scale of rates published in the Illinois Central Railroad Company's Local Freight Tariff No. A-1045, effective December 2, 1905, for all distances therein shown under classes 1, 2, 3, 4, 5, 6, A, B, C, D, E, H, F, K, L, M, N and O, are extortionate, unjust and unreasonable in so far as same are in excess of the rates hereinafter fixed in table designated "Maximum Rates, Kentucky Railroad Commis sion's Standard Tariff Number 2, Applicable to the Illinois Central 24 25 29 26 45 39 35 31 27 47 40 35 32 28 48 41 37 33 29 50 43 38 34 30 39 35 32 53 45 40 36 32 190_ 54 47 41 37 33 200--- 56 48 41 38 34 210___ 57 49 42 3835 59 50 43 39 35 60 52 44 40 36 62 53 44 41 37 250. 63 54 45 41 38 275--- 65 56 46 42 38 300. 68 58 47 43 39 325___ 70 59 47 44 40 28 23 23 23 14 11 23 23 28 14 14 11 30 15 15 11 29 9 9 23 23 23 15 11 23 23 30 16 16 12 Provided, however, That where said defendant, the Illinois Central Railroad Company has in effect a tariff, or tariffs, of rates upon. any commodity or commodities belonging to either of said classes. 5 5 4567∞ ∞ ∞ E 45678∞ 6 6 7 8 5 9 6 8 8 8 8 9 and for any of said distances, less than that shown in said Maximum Table of Rates, and herein designated "Maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 2, Applicable to the Illinois Central Railroad Company," said defendant shall not charge, collect or receive rates in excess of those shown by said tariff or tariffs. The Commission is further of the opinion that all rates now in effect upon the Cincinnati, New Orleans & Texas Pacific Railway and the Southern Railway in Kentucky, as shown by their respective tariffs and mileage scale of rates on file in this office, respectively, to-wit: Cincinnati, New Orleans & Texas Pacific Railway Company's Local Mileage Tariff Number 8, effective January 1, 1906, and Southern Railway Company in Kentucky's Local Tariff Number 4, effective February 27, 1905, where the same are in excess of the mileage scale of rates hereinbefore fixed for the defendant, the Louisville & Nashville Railroad Company and herein designated "Maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 1, Applicable to the Louisville & Nashville Railroad Company," are hereby declared to be extortionate, unjust and unreasonable. It is, therefore, Ordered, That said Cincinnati, New Orleans & Texas Pacific Railway Company and said Southern Railway Company in Kentucky be, and they are, hereby forbidden to charge, collect or receive for the transportation of commodities, rates in excess of those herein permitted to be charged by said Louisville & Nashville Railroad Company as shown by said Standard Local Scale of Rates. Provided, however, That where either of said defendants, the said Cincinnati, New Orleans & Texas Pacific Railway Company or said Southern Railway in Kentucky, now has in effect rates lower than those fixed by said standard scale, said defendants shall not charge, collect or receive rates in excess of said lower rates as now published by said defendants, respectively. In view of the fact that the defendant, the Chesapeake & Ohio Railway Company, uses what is known as the "Official Classification," which is entirely different from the Southern Classification. now in use by nearly all of the railroads in the State of Kentucky, and not being able at this time to assimilate said classifications, or to make an accurate comparison thereof, the Commission does not feel warranted at this time in making a mileage scale of rates or a classification for the use of the said Chesapeake & Ohio Railway Company. It is, however, of the opinion, and it is now Ordered, That said Chesapeake & Ohio Railway Company be, and it is, hereby for bidden to charge, collect and receive for the transportation of commodities, rates in excess of those herein permitted to be charged by the defendant, the Louisville & Nashville Railroad Company, as shown by said "Maximum Rates, Kentucky Railroad Commission's Standard Tariff Number 1, Applicable to the Louisville & Nashville Railroad Company." Said Chesapeake & Ohio Railway Company may assimilate its classification with that of the Southern Freight Classification, and exceptions thereto, now in use by said Louisville & Nashville Railroad Company upon the basis heretofore adopted and now in use by said Chesapeake & Ohio Railway Company for such assimilation as shown by its tariffs now on file in this office. This Commission has not yet adopted a standard classification for any or all the railroads in the State, and in the absence of such classification, and for the purpose of effectuating this order, it now hereby adopts the Southern Freight Classification now in effect with the current exceptions issued by the various railroads, defendants hereinbefore named, applicable to Kentucky traffic, and the Commission reserves the power to revoke, change or modify this order and to change or modify any or all of said rates, classifications and exceptions thereto, and reserves further the power to make and issue a classification of its own for the use of any or all of said defendants; and it appearing to the Commission from tariffs now on file in this office that many of the commodities assigned to the various classes stated in the Maximum Rates, Kentucky Railroad Commission's Standard Tariff Nos. 1 and 2, herein adopted, are transported by the respective railroads on commodity rates, or rates less than those fixed by said standard tariffs, it is now Ordered, That said commodity or such other rates as are lower than those fixed by said Railroad Commission's Standard Tariffs Numbers 1 and 2, shall remain in effect AS MAXIMUM RATES until otherwise ordered by this board. All other questions herein are reserved for future determination, and the Commission will, from time to time, make and issue such orders upon all matters herein as may be deemed just and proper. It is further Ordered, That each of the defendants be furnished with copies of this opinion and order, and copies of said Maximum Rates, Kentucky Railroad Commission's Standard Tariffs Nos 1 and 2, attested by the Secretary of the Commission. C. C. MCCHORD, Chairman,. A. T. SILER, MCD. FERGUSON, Commissioners. |