said application because it was shown that the last mentioned crossing would be inside of the derail limits that protect the crossing covered by the original application, Cobbs & Mitchell, incorporated, were therefore made a party to the proceeding and were represented at the hearing in reference thereto December 19, 1907. The matter is now under advisement by the commission.

ORDER APPROVING ARTICLES OF CONSOLIDATION.

December 10. Record J 53-The articles of consolidation of the Pere Marquette Railroad company and the Pere Marquette Railroad company of Indiana having been presented to the Commission for approval under the provisions of Section 6255 of the Compiled Laws of 1897 as amended, and after full hearing it appearing that the proposed consolidation will be in accordance with the constitution and laws of this State, such consolidation was approved.

ORDERS FOR CONSTRUCTING FENCE.

(Note. Section 6294 Compiled Laws of 1897, provides that railroads shall not be liable for failure to fence north of a line extending due west from the mouth of the Saginaw River, unless such fence shall be ordered by the Commissioner of Railroads. The following orders were is sued in pursuance of this provision.)

Adjacent to premises of county.

August 12, 1907. Record 176-M. C. R. R. August D. Miller, near West Branch, Ogemaw August 12, 1907. Record 177-M. C. R. R. Adjacent to premises of Fred Ueber, Section 1, Edwards township, Ogemaw county.

September 4, 1907. Record 190—B. C. G. & A. R. R. Adjacent to premises of Mike Savinski, Tony Doski and Tony Dombroski, T. 32 N., R. 5 W., Charlevoix county.

ORDER FOR REMOVAL OF OBSTRUCTION TO WATER COURSE.

August 12, 1907. Record 173—D. T. & I. Complaint of A. W. Williams of Seneca, Lenawee county.

ORDER WITH REFERENCE TO OBSTRUCTION OF CATTLE PASS.

August 12. Record 174-D. T. & I. Complaint of Fred Bryant one mile west of Sand Creek, Lenawee county. Order that said cattle pass be restored by raising of the railroad tracks at that point 2 feet.

ORDERS RESCINDING OR MODIFYING.

January 26. Record 132-On application of Detroit United Railway and the Detroit, Grand Haven & Milwaukee Railway, order of the Commissioner of Railroads March 10, 1904, for installation of signals to be operated in connection with the derails at the tracks of the Detroit United Railway and the Detroit, Grand Haven & Milwaukee Railway on Fort street east in the city of Detroit was rescinded, it being understood that the derails in the tracks of the Detroit United Railway shall be operated as before issuance of said order.

May 22. Record 159-On application of the Grand Trunk Railway

company the order made by the Commissioner of Railroads October 24, 1906, for the installation of an electric alarm bell at the Hughes crossing of the tracks of the Grand Trunk Railway company in the village of Cassopolis, Cass county, was rescinded, certain changes having been made at that point by said Railway company to improve former conditions.

May 22. Record 160-On application from the Michigan Central Railroad company the alarm bell heretofore ordered at the Kercheval Avenue crossing with the belt line of said company, in the city of Detroit, was rescinded, other protection having been provided at said crossing, in accordance with orders of this department.

May 22. Record 161-On application of the Grand Rapids & Indiana Railway company said company was authorized to remove the bell previously maintained at the Main street crossing of their tracks in the village of Manton, Wexford county, other protection having been provided at said crossing in accordance with order of this department.

July 10. Record 170-The Michigan Central Railroad company was authorized to remove the alarm bell previously maintained at the Hyde and Park Place street crossings of their tracks in the city of Dowagiac. Cass county, other protection having been installed at said crossings in accordance with the order of this department.

July 31. Record 171—On application of the Grand Rapids & Indiana Railway company, an order of this department issued June 3, 1907, providing for the construction and maintenance and operation of a first class interlocker at crossing of the Grand Rapids & Indiana and the Grand Rapids, Kalkaska & Southeastern at Kalkaska, was modified to make more clear the provision as to construction and maintenance of said interlocker.

November 7. Record 27-An order was issued by the Commissioner of Railroads under date of September 28, 1907, providing for the installation of an automatic alarm bell at North Ransom street crossing of the tracks of said company at Kalamazoo, was modified with reference to length of circuits established for such alarm bell.

October 7. Record 29-On application from the Michigan United Railway company an order issued by the Commissioner of Railroads October 21, 1903, reducing the speed of cars to 8 miles per hour over the highway crossing of said line between the townships of Marengo and Sheridan was rescinded and it was ordered that the speed of cars over such crossing be reduced to 20 miles per hour, an electric alarm bell having been installed at said crossing in accordance with order of the Commissioner of Railroads under date of May 21, 1907.

November 14. Record 32-Application having been received from the Detroit & Mackinac Railway company for extension of time in which to install bell ordered by the Commissioner of Railroads under date of September 21, 1907, it was ordered that the time be extended to May 1, 1908, providing that a flagman be installed at said crossing until the bell should be installed.·

November 14. Record 33-On application from the Lake Superior & Ishpeming Railway company, the order of the Commissioner of Railroads under date of September 25, 1907, allowing crossing by its proposed extension across the tracks of the Marquette County Gas & Electric

company was modified so as to provide that the clearance of the overhead crossing referred to therein should not be less than 22 feet.

December 6. Record 51-On application from the Michigan Central Railroad company the order of the commission of November 23, 1907, providing for a reduction of speed of trains over certain highway crossings south of the passenger station in the village of Sterling, Arenac county, was modified to allow a maximum rate of speed of 15 miles per hour over said crossing.

COMPLAINTS HANDLED INFORMALLY DURING 1907.

BLOCKING CROSSINGS.

Complaint was received from J. I. Thissell of Breckenridge relative to blocking of crossing by trains and asking instructions. He was advised of the statute and suggested that if difficulty continued he should make complaint to the prosecuting attorney and at the same time was assured that if specific information as to any particular offense was furnished to this office the matter would be taken up with the railroad company.

Complaint was received from A. F. Smith of Wayne, alleging the blocking of crossing at that point by trains of the Michigan Central Railroad company. The matter was called to the attention of R. H. L'Hommedieu, general manager of the Michigan Central, who carefully investigated and assured the department that steps had been taken to guard against further complaint in the future.

CAR SERVICE.

Complaint was received from John S. Weidman of Weidman, alleging that two cars of lumber shipped by him to Ionia were there refused for 20 days and no notice of such refusal given shipper until $40.00 demurrage had accrued. The matter was made the subject of careful investigation and in view of the facts developed it was finally suggested to the parties that the matter be adjusted by a refund of one-half the amount of demurrage charge, which suggestion was accepted and matter adjusted on that basis.

Complaint was received from H. T. Morton of Ann Arbor alleging great delay in the placing of cars for unloading on the Ann Arbor Railroad at Ann Arbor, after such cars arrived at that point. It was stated they understood the difficulty was due to there being but one switching engine to do all the switching from a point near Toledo to beyond Howell. The matter was taken up with the company, who advisedthat a night crew had bee placed on the yard engine to do switching during the night, and this the company anticipated would obviate any more such complaints.

CONSTRUCTION OF SIDEWALKS.

The village council of Dimondale on September 4th called to the attention of the commissioner their desire to have the Lake Shore & Michigan Southern Railway company construct certain cross walks. The matter was taken up with that company and the walks were constructed to the satisfaction of the complainants.

The people of Osseo called to the attention of the department their inability to come to a satisfactory understanding as to the construction of sidewalks. The matter was taken up with the company by the department and we were advised by them that the matter had been straightened out and the work desired by the local authorities had been authorized and would be completed just as soon as weather conditions would permit.

CROSSINGS OF RAILROADS AND RAILROADS.

It appearing that dangerous conditions have existed at the crossing of the tracks of the Pontiac, Oxford & Northern and the Pere Marquette Railroads at Clifford, the matter was called to the attention of those companies, who were advised that unless safe conditions were otherwise brought about, the commission would certainly consider the in'stallaton of an interlocker at that point. No further action has been taken.

The unsafe conditions prevailing at the crossing of the Grand Trunk and Michigan Central at Charlotte were called to the attention of the commission and the matter of installation of an interlocking appliance was taken up with the companies in question, they being advised that such appliance would be ordered installed at that point unless safer conditions were otherwise secured. The matter is still pending. Complaint was received from the Michigan Central Railroad company relative to the manner in which the half interlocker at crossing of the tracks of the Michigan Traction company with the tracks of the Detroit, Toledo & Milwaukee Railway company was being maintained by the Michigan Traction company and asking that an order be issued providing for maintenance of this plan by the Michigan Central Railroad company on the same basis as to expense as prevails between steam railroads. They presented evidence to show that in its then condition the interlocker could be thrown while Michigan Central trains were in the block. As the result of negotiations conducted by the department, a mutually satisfactory contract was entered into between the Michigan Central Railroad company and the Michigan United Railway company providing for the maintenance of this plant by the Michigan Central Railroad company.

Complaint was received July 1, from G. B. Hutchinson as to neglect of duty by night man in charge of interlocker at crossing of the Grand Trunk and Pere Marquette Railroads at Trowbridge, and having called same to attention of operating company we were notified that employe had been dismissed and that his successor was giving good service.

An examination of the half interlocker at the crossing of the main line of the Cincinnati, Saginaw & Mackinaw and the spur tracks of the Pere Marquette and Michigan Central Railroads at Saginaw having been made, it was found same was out of adjustment, and same was again

called to the attention of road operating, October 2, with result that repairs directed by the commission were afforded.

Early in 1906 the department was advised by F. W. Egan, superintendent, that sidings were recently constructed by that company over the Michigan Central Railroad company's tracks at the new depot grounds just east of Beach street, Battle Creek, being put in with the authority of the Michigan Central, and the approval of the department was requested. The company was advised February 17 that there was no record in the department of such crossings having ever been authorized by the department, but it was suggested that in view of the fact that such crossings had been constructed and were being used, application should be made for approval so that the records might be complete. No reply having been received to this, the matter was called again to their attention by the department February 15, 1907, insisting on prompt attention in the matter. The matter was the subject of considerable correspondence during the year, and said crossing has now been approved.

Application was received for approval of proposed half interlocking system to be installed at crossing of the Detroit Terminal Railroad with the tracks of the Detroit United Railroad in Jefferson avenue in the village of Fairview. Thereafter, changes in said plan were suggested by the Detroit United Railway, approved by the Detroit Terminal Railroad, and personal inspection was made by the department and thereupon the plan submitted with alterations was approved.

DAMAGE CLAIMS.

Johnson Brothers, of Wise, September 4 stated that in November, 1906, they filed a damage claim with the Pere Marquette Railroad company, covering damage to a shipment of fish, but that they had been unable to secure a settlement of same. The matter was taken up with the company and on November 22 we were advised by complainants that they had received draft satisfactorily adjusting the matter.

H. Haupt, Jr., of South Haven, on July 25 complained of failure of the Pere Marquette Railroad company to adjust claim of four dollars, representing damage to one trunk shipped as baggage from Chicago to South Haven, March 11. The matter was taken up with the company and November 12 we were advised of the settlement thereof.

A. J. Bellinger of Farwell complained on June 14, 1907, that fire was set on his farm by locomotives on the Ann Arbor Railroad and considerable damage done and that correspondence had not resulted in settlement. The matter was called to the attention of the railroad company who made settlement which was acceptable to Mr. Bellinger.

Feb. 21 the Baird Produce company shipped from Glengary, Michigan, to Chicago, via Manistee & Northeastern and the Chicago & Northwestern, a car of potatoes on which the carload rate from Copemish to Chicago of 15 cents per hundred weight was supposed to apply; the Manistee & Northeastern having issued a circular when the Glengary branch was opened advising that Copemish rates and decisions would apply to and from it, but the Pere Marquette neglected to issue a supplement to the Chicago & Northwestern giving the 15 cent rate. Accordingly, under the ruling of the interstate commerce commission, there was no legal rate