sion of the rules of the above named railway company providing for the payment of the freight of a minimum car load on each of two kinds of coal, when both are loaded into the same car, and asking the Commission to order the repayment to it of the amount of an alleged overcharge on a car loaded with hard and soft coal, in which case the railway company assessed the petitioner the full minimum carload rate of 30,000 lbs. on both the hard and soft coal, though there was but 9,000 lbs. of soft coal and 22,000 lbs. of hard coal in the car. The petitioner was advised that the Commission had no jurisdiction to order the repayment of overcharges; that such powers could only be exercised by the courts; that this Commission is an administrative body upon which judicial powers could not constitutionally be conferred; that the Commission had power to order rates, rules and regulations changed on complaint, notice and hearing, and advised the petitioner that it would consider a complaint directed against the objectionable regulation. The petitioner declined to file such complaint and withdrew its present petition.

No. 103.

WISCONSIN CLAY WORKERS ASSOCIATION

VS

CHICAGO, MILWAUKEE & ST. PAUL RAILWAY CO. CHICAGO & NORTH-WESTERN RY. CO.

WISCONSIN CENTRAL RY. CO.

CHICAGO, MINNEAPOLIS, ST. PAUL & OMAHA RY. CO.

GREEN BAY & WESTERN RY. CO.

STANLEY, MERRILL & PHILLIPS RY. CO.

Hangen & Brady, Julius E. Roehr, for Petitioner.

Wm. Ellis, for C., M. & St. P. Ry.

S. A. Lynde, for C. & N. W. Ry.

Thos. H. Gill, for W. C. Ry.

E. B. Ober, for C., St. P., M. & O. Ry.
W. C. Modisett, for G. B. & W. R. R.

Petitioner in the above entitled matter is a voluntary association composed of seventy-two persons, firms and corporations engaged in the manufacture of brick at different points in the state of Wisconsin. It complained that the published freight rates of the above named defendant railway company for the transportation of brick from and between intra-Wisconsin shipping points were unjustly discriminatory in comparison with the published rates of the C., M. & St. P. Ry. Co., the C. & N. W. Ry. Co., and the W. C. Ry. Co., for the transportation of the same commodity from Chicago, Ill., and other shipping points in Illinois, in the vicinity of Chicago to the various points of shipment within the state of Wisconsin, in that the said freight rates between intra-Wisconsin points were higher than those for similar service from Chicago and points in its vicinity to the various points of shipment in Wisconsin, and prayed that the Commission investigate the rates and make an order commanding the companies to cease and desist from the said discriminations and to determine the just and reasonable rates and make an order establishing reasonable rates to be observed and followed in the future.

Attached to the petition was a tabulation showing comparative rates between points referred to.

The matter came on for hearing on June 18, 1907, and after some testimony had been submitted, the parties hereto went into a conference resulting in an agreement to the effect that the objectionable Illinois rates should be advanced, and all parties agreeing, the matter was dismissed.

No. 104.

IN RE RATES AND CLASSIFICATIONS OF BUILD ING PAPER AND WOVEN WIRE IN BUNDLES. An investigation by the Commission on its own motion. See formal case No. 99, page 32.

No. 105.

IN RE TRAIN SERVICE AND STATION FACILITIES

AT OKAUCHEE.

The above entitled matter grew out of an informal complaint filed with this Commission by H. E. Lacy and other citizens of Okauchee asking for additional station facilities at Okauchee on the line of the C., M. & St. P. Ry. Co. This informal complaint became formal by stipulation entered into between the parties. The consideration of this matter has been continued from time to time and a final decision thereon has been issued and will be included in the second volume of the Decisions and Orders of this Commission to be published during the year 1908.

No. 106.

CHARLES J. HAGEN

VS.

CHICAGO & NORTH-WESTERN RY. CO.
GREEN BAY & WESTERN R. R. CO.

The petitioner in the above entitled matter is a manufacturer of lumber and cheese boxes at the village of Black Creek in Outagamie county, Wisconsin, and complained to the Commission that certain joint rates on logs from Crandon, Wisconsin, to Black Creek over the lines of the respective railway companies had been discontinued, leaving only the local rates from Crandon to New London Junction on the C. & N. W. Ry. and from New London Junction to Black Creek on the G. B. & W. R. R., and that the sum of these local rates made a through rate which was excessive and unlawful.

That the said railway company had also discontinued through rates on logs from Split Rock on the C. & N. W. Ry. to Black Creek on the G. B. & W. R. R. of 42 cents per cwt., and issued in lieu thereof a joint rate of 82 cents per cwt. and that the said rate was excessive and unreasonable, and prayed the

Commission that an order be made establishing reasonable joint rates between Crandon and Black Creek and between Split Rock and Black Creek.

Before the matter was heard the parties met in informal conference and adjusted their differences, the railway companies issuing joint tariffs naming rates satisfactory to petitioner.

No. 107.

OLAF ROSEN

VS.

CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RY. CO.

MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RY. CO.

Complaint filed Dec. 22, 1906.

Hearing held Feb. 5, 1907.

Decision rendered April 1, 1907.

W. N. Fuller, for Petitioner.

A. W. Trenholm, for C., St. P., M. & O. Ry. Co.

F. W. Curtiss, for M., St. P. & S. S. M. Ry. Co.

Complaint against carrier on account of failure to make certain train connections.

Held, that the making of proper train connections between trains on the same railway system, as well as between trains on competing railway systems, at junction points, is in the interest of the general traffic, a matter of public convenience and comfort, and the performance of a duty which public carriers owe to the public. A certain train connection is ordered herein. Other train connections prayed for in the petition are not ordered for the reason that it would be an undue interference with interstate commerce and that the service afforded by other trains at this point is in itself reasonably adequate.

No. 108.

IN RE RATES ON POTATOES FROM CERTAIN

POINTS TO MILWAUKEE.

F. P. Eyman, for C. & N. W. Ry. Co.

H. E. Pierpont, for C., M. & St. P. Ry. Co.
E. B. Ober, for C., St. P., M. & O. Ry. Co.

In the above entitled matter, the Commission on December 27, 1906, issued a notice of investigation on its own motion relating to the reasonableness of the rates charged on potatoes by the C., M. & St. P. Ry. Co., C. & N. W. Ry. Co., C., St. P., M. & O. Ry. Co. and the W. C. Ry. Co. The hearing was set to be held at the office of the Commission in the city of Madison on Tuesday, January 8, 1907, and on that date, the representatives of the various companies being present, the Commission submitted to them the results of its investigations of the potato rates in force in the state, as shown by the rate charts which it had caused to be prepared. The discussion was informal and resulted in an adjustment of the rates in question, the new rates being given in the subjoined tables.