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there is nothing before them upon which to render a decision, or issue an order, and unless the arrangement now existing should be terminated, and complications should arise which would make it necessary for you to make a new application to them, they can give no opinion or promulgate any order. By order of the Board.

This closed the case.

JOHN G. WARD,

Secretary.

JAMES B. STRIPLING

AGAINST

THE S., F. & W. R'y Co., AND THE
F. C. & P. R. R. Co.

Overcharge on Corn.

Mr. S. filed his complaint dated February 26, 1890, alleging overcharges by the Savannah, Florida & Western, and the Florida Central & Peninsular Railroad companies respective. ly, on a shipment of corn, weight 20,206 pounds, from Madi. son, a point on the Florida Central & Peninsular via Live Oak, to Branford on the Savannah, Florida & Western, both points being within this State. Upon investigation it appeared that the Savannah, Florida & Western had made an overcharge of $20.21, but that the Florida Central & Peninsular had only charged the rate allowed by the Commission, and an order dated March 6, 1890, was directed the former to refund, which was done; Mr. S. informing the Commission of that fact by letter which reached the Commission March 17, 1890.

BROWN & SON
VS.

SAVANNAH, FLORIDA & WESTERN R'Y.

Overcharge on Brick.

This complaint is reported as far as it had progressed at the date of the last annual report, March 1, 1890, (see page 93.)

Úpon investigation the Commission found that there was an overcharge of $6.80, and ordered the company to refund that amount to complainants.

March 15, 1890, the Commission wrote to complainants inquiring if the overcharge had been refunded according to the assurances of the company that it would be, and March 17, Messrs. Brown & Son informed the Commission that the said amount had been refunded.

W. Y. SANDLIN,
(Successor to Ashurst & Co.)

VS.

SAVANNAH, FLORIDA & WESTERN R'y

Overcharge on Marble.

On April 5, 1890, the following, by Mr. J. M. Caldwell, attorney for Mr. Sandlin, was received:

"The enclosed receipted freight bills are evidence of the unwarrantable extortion practiced by the Savannah, Florida & Western Railway upon Messrs. Ashurst & Co., of this place.

"In one instance, you observe that the freight from Rutland. Vermont, via New York and Jacksonville to Live Oak was $65.88, while the charge of the Savannah, Florida & Western Railway from Liye Oak to this point was $42.09.

"In the other case, the freight from Rutland, Vermont, shipped by the same route was $130.20 to Live Oak, and the Savannah, Florida & Western Railway Company demanded. and received $96.60 from Live Oak here, 16 miles.

"Every effort has been made by Mr. W. Y. Sandlin (succes-sor to Ashurst & Co.) to effect a satisfactory adjustment, without success, and as a last resort he, through me, lodges his complaint against said railway company, with the Florida Railroad Commission and begs said Commission to see that justice is done him by said company."

To which the Commission replied the same day :

"Yours addressed to one of the Commissioners enclosing two freight receipts of the Savannah, Florida & Western Railway Company to Ashurst & Co., on the shipments of marble from Vermont to Jasper, has been referred to the Commission, and I am directed by them to say that this identical matter was before the Commission last year upon the complaint of Ashurst & Co., and that after a full investigation, the Commissioners decided that they had no control of the matter, as the shipments were interstate, and a copy thereof was forwarded to Messrs. A. & Co. A copy is also herewith enclosed.

"Unless there are some new facts to present, the Commission see no reason for a rehearing. If there are, and you will furnish the Commission with them, they will give them prompt. and due consideration.

"The freight receipts are herewith returned."

Mr. Caldwell, attorney for complainant subsequently wrote that he was successful in effecting a settlement with the company.

J. C. BAISDEN

VS.

SAVANNAH, FLORIDA & WESTERN R'Y

Overcharge on Freights

Mr. Baisden, March 31, 1890, enclosed two freight receipts given by the agent of the Savannah, Florida & Western Railway Company at Live Oak, one dated January 29, 1890, for two cases of boots and shoes, weight 200 pounds "from O." consignor A. E. & Son, and freight charges 82 cents; the other dated March 28, 1890, for two cases of boots and shoes, weight 95 pounds, rate class 1, freight 78 cents, " from O." and consignor A. E. & Sons. Both shipments were consigned to J. C. Baisden, Live Oak, Florida.

Mr. B. complained that he was required to pay 78 cents on 95 pounds, while on 200 pounds of the same class of goods, he paid only 82 cents. He was asked by the Commission, April 4, to give the point from which the goods were shipped, and by what route, and the Commission would take great pleasure investigating the matter, but he did not reply.

The rate on the 200 pounds shipped was 41 cents per 100 pounds, and, as 190 pounds would at the same rate amount to 78 cents, it is probable that there was an error of weight in the second bill, each shipment being two cases of boots and shoes.

ROWLAND & Co.

VS.

SAVANNAH, FLA. & WESTERN RY. CO.

Diversion of Freight.

Messrs. Rowland & Co. complained, July 14, 1890, that a recent shipment ordered by them from Atlanta, Georgia, to Orlando, had been diverted by the Savannah, Florida & Western Railway Company from the route from which it was to have been shipped.

An investigation revealed the following facts: That the goods delivered by the consignors to the East Tennessee, Virginia & Georgia Railway Company at Atlanta June 17, 1890, and that that company gave a through bill of lading in which this clause appears: "To be transported by the East Ten nes. see, Virginia & Georgia Railway Company to Callahan, thence by connecting rail, or other carrier, via Florida Central and Peninsular Railroad until they reach the station, etc. ;" that there was a printed tag attached to the goods which contained the following direction: "Via Callahan, care of Florida Central and Peninsular Railroad;" that the_goods were carried by the Savannah, Florida and Western Railway_to_Jacksonville and thence by the Jacksonville, Tampa and Key West Railway, and were delivered to the South Florida Railroad at

Sanford, and by that road delivered at Orlando; that the Savannah, Florida and Western, on the matter being referred to it on July 14, 1890, exhibited the original way bill of the East Tennessee, Virginia and Georgia Railroad, whereby it ap peared that the freight had been routed via Jacksonville; and that the Savannah, Florida and Western Railway, by Circular No. D. 258 dated May 31, 1890, had issued instructions to its agents as to routing freight as follows: "Freight must be forwarded by the route as indicated on the shipping ticket and bill of lading. If from connecting lines, by the route as shown on the way bill.”

The following letters were addressed to Messrs. Rowland & Co., and to Mr. W. P. Hardee, G. F. A. of the Savannah Florida and Western, respectively.

OFFICE OF

RAILROAD COMMISSION, STATE OF FLORIDA,
TALLAHASSEE, July 19, 1890.

Messrs. Rowland & Co., Orlando, Fla. :

GENTLEMEN-I am directed by the Board to say to you that upon a reference of your complaint to the Savannah, Florida and Western Railway, they received from Mr. Hardee an answer thereto, a copy of which is enclosed.

Mr. Hardee enclosed with his answer to the Commission what purported to be the original way bill, issued by the East Tennessee, Virginia and Georgia Railroad, showing routing via Jesup and Jacksonville.

The Board have replied to Mr. Hardee, as per copy enclosed and think you will not be troubled further with having your shipments diverted, but should it occur again, upon your advising them, they will see what further steps it is necessary to take in the premises.

By order of the Board.

JOHN G. WARD,

Secretary.

OFFICE OF

RAILROAD COMMISSION, STATE OF FLORIDA,
TALLAHASSEE, July 19, 1890.

Mr. W. P. Hardee, G. F. A., etc., Savannah :

DEAR SIR-Your favor of 17th instant making answer to the complaint of Messrs. Rowland & Co., referred to you by the Commission, under date of July 14 Instant has been duly received.

I am directed by the Board to say that accompanying the complaint was the original B-L, or a duplicate issued by the

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East Teast, Virginia and Georgia Railway Company in which it was contracted that the shipment should go to Callahan and "via the Florida Central and Peninsular Railroad," and there was also a card, alleged by Messrs. Rowland & Co. to have been pasted on the package shipped; indeed from appearances, it was the marking or directions, on the package, and it reads "Rowland & Co., Orlando, Florida, via Callahan, care Florida Central and Peninsular Railroad." These, and some correspondence between Messrs. Rowland & Co. and yourself were forwarded to the Commission along with the original complaint, but only the letter of Messrs. Rowland & Co. was sent you.

Your reply under the circumstances is scarcely a full answer because you attach the way bill showing the routing by "Jesup and Jacksonville," which it is presumed is sent to show some justification for the diversion of the shipment; and you enclose copy of your Circular No. D. 258, which is a very proper order, and would seem to imply that the diversion was either accidental, or in violation of your instructions.

But in the first place Messrs. Rowland & Co. complain that diversion of their freight has long been a grievance with them ; and again your road is by the law responsible for the acts of its agents, and it is your duty not only to give necessary instructions, but to see that they are obeyed. Besides not only was the freight shipped by a route different from that by which it was contracted to be carried, but the plain directions on the package were a constant notice to all carriers other than those by whom it was contracted to be sent, that the shipment as actually being made, was in violation of the law.

The Commission presume that the way bill was made by the East Tennessee, Virginia and Georgia, and yet it is strange that a road would contract to carry goods by one route, and immediately route them by another. However, inasmuch as you give assurance that in future the routing shall be respected, and the circular you enclose is evidence of your good faith, the Commission must accept that assurance. Nevertheless they felt that the circumstances justified their giving some emphasis to the importance of respecting the routing of shipments. By order of the Board.

JOHN G. WARD,

Secretary.

The following was received from Mr. C. D. Owens, Traffic Manager of the Savannah, Florida and Western Railway, dated July 22, 1890.

"J. G. Ward, Esq., Secretary, Tallahasee, Fla. :

"DEAR SIR-Referring to diversion or freights from T., O.

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