their duty and of the decision and determination of the said Commission, as stated in its report aforesaid, have, through their officers, servants, and attorneys, wholly disregarded and set at naught the authority of the said Commission in that regard, and have willfully and knowingly violated and disobeyed the said order, and have from the time of the issuance and service of the said order and notice as hereinbefore set forth hitherto wholly neglected and refused and still do neglect and refuse to comply with the same, to wit, at Social Circle, in the State of Georgia, at Augusta, in the State of Georgia, and at Atlanta, in the State of Georgia, in this that the said defendants have not since the 20th day of July, 1891, desisted from charging or receiving any greater compensation in the aggregate for transportation in less than car loads of buggies, carriages, and other articles classified by them as freight of the first-class for the shorter distance over the line formed by their several railroads from Cincinnati, in the State of Ohio, to Social Circle, in the State of Georgia, than they charge or receive for the transportation of said articles in less than car loads for the longer distance over the same line from Cincinnati aforesaid to Augusta, in the State of Georgia; nor have the said defendants, the Cincinnati, New Orleans and Texas Pacific Railway Company and the Western and Altantic Railroad Company, from and after the 20th day of July, 1891, wholly ceased and desisted from charging or receiving any greater compensation in the aggregate for the transportation of buggies, carriages, and said other first-class articles in less than car loads from Cincinnati aforesaid to Atlanta, in the State of Georgia, than $1 per 100 pounds; and the petitioner attaches hereto, by way of a specification of some of the particulars in which the said defendants have failed to comply with the said order and report of the said Commission, an affidavit of C. C. McCain, auditor of the said Commission, showing the rates on the articles mentioned in said order now charged by the said defendants in violation thereof; the said affidavit, being marked Exhibit H, is hereunto attached and made a part of this petition.

Wherefore the petitioner prays:

1. That a subpoena, or other suitable process, may issue according to the course of equity, requiring the Cincinnati, New Orleans and Texas Pacific Railway Company, the Western and Atlantic Railroad Company, and the Georgia Railroad Company, severally to appear at such time and place as this honorable court may determine, then and there, each to make full, complete, and perfect answer to the matters and things hereinabove stated and charged, as fully and particularly as if the said defendants were each specifically and specially interrogated in regard hereto, without verifying said answer by oath, which said verified answer is hereby specially waived.

2. That upon the filing of this petition an order may be passed by this honorable court directing the method of service of notice of the pendency of this proceeding.

3. That such order or orders may be passed pending the cause as will secure a speedy hearing and determination of the matters and things stated and charged in the foregoing petition.

4. That such order or orders may be passed pending the cause as may be necessary for the prosecution of all such inquiries as the court may think needful to enable it to form a just judgment of the matters and things stated and charged in the foregoing petition.

5. That an order may be entered pending the cause granting to the petitioner a writ of injunction or other proper process, mandatory or otherwise, to restrain the said defendants, their officers, servants, and

attorneys, from further continuing in their violations of and disobedience to the said order of the said Commission, and that upon final hearing such injunction may be made perpetual.

6. That a decree may be entered, if it shall seem meet to this honorable court, requiring the said defendants each to pay such sum of money, not exceeding the sum of $500, for every day after a day to be named in said decree that they or any of them shall fail to obey the said injunction or other proper process.

7. For such other and further relief in the premises as to the court may seem meet and the equities of the petitioner's cause may require. THE INTERSTATE COMMERCE COMMISSION,

[L. S.]

By EDW. A. MOSELEY,

The Secretary thereof, thereunto duly authorized.

IN THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA.

In Equity-No. 390.

INTERSTATE COMMERCE COMMISSION vs. THE CINCINNATI, NEW Orleans and Texas Pacific Railway Company, The Western and Atlantic Railroad Company, and The Georgia Railroad Company.

For the defense to the above petition, and as cause why the prayer should not be granted, the Western and Atlantic Railroad Company says:

That on the 27th of December, 1890, it became a body corporate, under the name and style of the Western and Atlantic Railroad Company, under an act of the legislature of Georgia approved November 12, 1889, which provided for the lease of certain property of the State of Georgia known as the Western and Atlantic Railroad, and that prior to said 27th day of December, 1890, this respondent was not in existence, and therefore had no notice of the proceedings before the Interstate Commerce Commission in the matter of the petition of James & Mayer Buggy Company, and had no connection with the matters therein complained of.

Wherefore, respondent submits that the above-stated petition of the Interstate Commerce Commission should be dismissed, the prayer denied, and this respondent allowed to go hence with its reasonable costs.

J. W. THOMAS,

President.

STATE OF TENNESSEE,

Davidson County:

In person appeared J. W. Thomas, who makes oath that he is president of the Western and Atlantic Railroad Company, and that the facts stated in the above defense are true.

Sworn to and subscribed before me this 9th day of December, 1891.
[SEAL.]
J. T. SPAULDING,
Notary Public.

CIRCUIT COURT OF UNITED STATES, NORTHERN DISTRICT OF GEORGIA. THE INTERSTATE COMMERCE COMMISSION vs. THE CINCINNATI, New Orleans and Texas Pacific Railway Company, The Western and Atlantic Railroad Company, and The Georgia Railroad Company. Answer of the Cincinnati, New Orleans and Texas Pacific Railway Company.

The Cincinnati, New Orleans and Texas Pacific Railway Company for answer herein says:

(1) It admits that it is a corporation under the laws of Ohio, operating as a common carrier of passengers and freight; a railroad extending from Cincinnati, in the State of Ohio, to Chattanooga, in the State of Tennessee, which places are the termini of said railway.

(2) It further admits that the defendant, the Western and Atlantic Railroad Company, is a common carrier from Chattanooga, Tenn., to Atlanta, Ga., and that the defendant, the Georgia Railway Company, is a common carrier from Atlanta, Ga., by way of Social Circle, to Augusta, Ga., and that freight is carried by this respondent and its codefendants from Cincinnati to points herein named without break of bulk. It says that defendants in this case are not under any common control or management.

(3) This defendant admits that the proceedings before and by the Interstate Commerce Commission took place as averred in the petition herein, but this defendant denies that at said hearing before said Interstate Commerce Commission it was made to appear that this defendant had violated the provisions of the act entitled "An act to regulate commerce," in the respects charged in the petition before said Interstate Commerce Commission, and denies that said Commission legally determined the matters and things in controversy and at issue between the parties herein.

(4) This defendant says it admits that said Commission made said report, but says that many of the conclusions of fact found therein are not true, and are not justified by the evidence produced at said hearing, and says that the conclusions of law contained in said report and the interpretation thereby given to the provisions of said act to regulate commerce are not correct, and do not accord with the true constructions of said act.

(5) This defendant admits that said Commission did formulate the order mentioned in this case, and that notice thereof was given to this defendant, but denies that the said order was of any binding or legal effect.

(6) This the defendant admits, that the rate of freight on merchandise of the first class from Cincinnati, Ohio, to Atlanta, Ga., a distance of 474 miles, is $1.07 per 100 pounds, and that the rate from Cincinnati to Augusta, Ga., a distance of 645 miles, is the same. It says that these rates are made by an agreement between the Georgia Railroad Company, the East Tennessee, Virginia and Georgia Railway Company, the Western and Atlantic Railroad Company and this defendant, and are divided between the companies performing the service according to the proportion which the mileage of each road bears to the whole distance. This defendant further says that the Georgia Railroad Company, which owns the railroad from Atlanta to Augusta, always demands and receives its local rates on business from Cincinnati

to any point between Atlanta and Augusta; so that, as far as this defendant is concerned, there is no rate fixed by agreement on merchandise from Cincinnati to Social Circle or other local points on said Georgia Railroad Company's road; but the first-class rate from Cincinnati to Atlanta, being $1.07 per 100 pounds,and the first-class rate of the Georgia Railroad Company from Atlanta to Social Circle, being 30 cents per 100 pounds, as fixed by the railroad commission of Georgia, the addition of these two rates constitutes the first-class rate of $1.37 per 100 pounds from Cincinnati to Social Circle; thus, while there is no rate between Cincinnati and Social Circle fixed by agreement, yet there does exist by reason of the said rate from Cincinnati to Atlanta, and by reason of the rate from Atlanta to Social Circle, a total rate of $1.37 per 100 pounds from Cincinnati. This defendant says that the abovementioned rates are reasonable and proper, and that they in no respect violate the act to regulate commerce, and that, although the total rate from Cincinnati to Social Circle is greater than it is to Augusta, Ga., a more distant point on the same line, nevertheless this defendant says there are and have been circumstances and conditions justifying a less rate to Augusta than to Social Circle.

(7) This defendant further says that it makes and has made no rate whatever to Social Circle, and that on shipments to Social Circle the only compensation received by this defendant is a proportion, according to its mileage, between Cincinnati and Chattanooga of the rate from Cincinnati to Atlanta.

And having fully answered, this defendant asks to be hence dismissed, with its costs.

EDWARD COLSTON, Cincinnati, Ohio,
CALHOUN, KING & SPALDING, Atlanta, Ga.

Attorneys for defendant, the Cincinnati, New Orleans

STATE OF OHIO,

Hamilton County:

and Texas Pacific Railway Company.

D. Miller, being by me first duly sworn, says he is traffic manager of defendant, the Cincinnati, New Orleans and Texas Pacific Railway Company, and that the allegations of the foregoing answer are true, as he believes.

D. MILLER.

Sworn to before me and subscribed in my presence this 19th day of December, A. D. 1891.

CHARLES M. CIST,

Notary Public, Hamilton County, Ohio.

The joint and several answer of the Louisville and Nashville Railroad Company and the Central Railroad and Banking Company of Georgia, who are sued by the name of the "Georgia Railroad Company," to the petition filed by the Interstate Commerce Commission in the circuit court of the United States, sitting in equity, for the northern district of Georgia, against the Cincinnati, New Orleans and Texas Pacific Railway Company, the Western and Atlantic Railroad Company, and these respondents, sued by the name of the Georgia Railroad Company.

I.

Respondents suppose it to be true that the Cincinnati, New Orleans and Texas Pacific Railway Company is a corporation created, chartered,

and is existing under and by virtue of the laws of the State of Ohio, and that it has its principal office at Cincinnati, Ohio.

II.

Respondents admit that the defendant, the Western and Atlantic Railroad Company, is a corporation created, chartered, and existing under and by virtue of the laws of the State of Georgia, and that it has its principal office at Atlanta, in said State.

III.

"The Georgia Railroad and Banking Company" is a corporation created, chartered, and existing under and by virtue of the laws of the State of Georgia, and has its principal office at Augusta, in said State.

Said company is the owner of what is known as the "Georgia Railroad," and on May 7, 1881, said company leased said railroad to William Wadley for ninety-nine years, from April 1, 1881.

Respondents are jointly the assignee of the said original lessee, and they operate said railroad under the adopted name of the "Georgia Railroad Company," but there is no such corporation as the "Georgia Railroad Company."

IV.

Respondents admit that they, as assignees of said lease, and the said Cincinnati, New Orleans and Texas Pacific Railway Company, and a certain corporation then existing which was known as the Western and Atlantic Railroad Company, were, at the time of the committing of the acts wrongfully called grievances in the petition, common carriers, severally engaged in the transportation of persons and property by their said several lines of railroad from Cincinnati, in the State of Ohio, thence through the intermediate States of Kentucky and Tennessee to Atlanta, Social Circle, and Augusta, in the State of Georgia. They had an arrangement or agreement between them for the continuous carriage or shipment of through freight from Cincinnati to Augusta, at certain agreed through rates, but they were under no common control or management.

The charter of the corporation which then existed under the name of the Western and Atlantic Railroad Company expired by its own limitations on December 27, 1890, and the defendant now known as the Western and Atlantic Railroad Company is totally distinct from the former company, which bore the same name.

V.

Respondents deny that the defendants were "duly impleaded" in any kind of a controversy before the Interstate Commerce Commission, though it is true that, some time in October, 1889, the James & Mayer Buggy Company, styling itself a manufacturing corporation, claiming to have been chartered under the laws of the State of Ohio and claiming to have its principal office in Cincinnati, in said State, filed a petition before said Commission, a copy of which petition is filed as Exhibit A to the petition in said case.

It will be seen that the said James & Mayer Buggy Company made no complaint except as to certain rates charged them on vehicles from