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rates, to a highly complicated and unusually expensive switching district such as that at St. Louis and East St. Louis, nor for a haul where the weighted-average distance approximates 170 percent of the shortest tariff-route distance. If the approximate weighted-average distance of 71 miles from the Belleville group to St. Louis were used, the Belleville rate to St. Louis is only 89.7 percent of the Midland scale, and on that basis the Belleville intrastate rate to East St. Louis, which the majority find not unlawful, is only 67.6 percent of that scale. Even by the use of the shortest tariff-route distance, that intrastate rate is only 90.9 percent of the Midland scale and 95.3 percent of the Indiana-Illinois scale, so that, by employing the standards used in this report, the intrastate rate from Belleville might well be increased. Of course, the differentially related rates from the more distant Illinois groups are on a still lower level in relation to those scales.

I believe the record warrants findings that the rates from the Illinois mines at St. Louis are reasonable, and that the rates for local delivery to the East St. Louis-Wood River-Alton area are unjustly discriminatory against interstate commerce to the extent that they are less than 5 cents per ton higher than the present rates, as the latter term is used in the report. This would result in a difference East St. Louis under St. Louis from these Illinois mines of 35 cents, which considering the absence of any evidence of compelling competition between coal receivers on the two sides of the river would appear to be free from undue prejudice or preference.

Also, since the western Kentucky rates to the East St. Louis-Alton area, both for local delivery and for barge movement beyond, are in issue because under suspension in the schedules embraced in this investigation (see Ayrshire Collieries Corp. v. United States, 335 U. S. 573), and the record embodies considerable evidence on the point, I would find the western Kentucky rates to that area to be unduly prejudicial and preferential to the extent that they exceed or may exceed the southern Illinois rates by more than 48.5 cents when for local delivery and 46.5 cents when for barge movement beyond. The western Kentucky rate on coal for barge movement beyond East St. Louis or Alton would thus become $1.735, which would reflect a 15cent increase under Ex Parte No. 162, instead of 25 cents as at present, and would harmonize with a 12-cent increase now authorized on like movements from the Illinois mines.

I am authorized to state that COMMISSIONERS PATTERSON and MITCHELL join in this expression.

COMMISSIONERS JOHNSON and CROSS did not participate in the disposition of this proceeding.

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115

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1 Between St. Louis and East St. Louis. • No change.

Apr. 18 interstate, Apr. 29 intrastate.

4 Italics indicates suspended.

Oct. 13 interstate, Oct. 22 intrastate.

• Including increases sought in Ex Parte 166.

2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 R

274 I. C. C.

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APPENDIX B

Present and suspended rates to East St. Louis, Ill., and St. Louis, Mo., distance over shortest tariff routes thereto, and percentage present and suspended rates are of indicated scale rates prescribed on bituminous coal

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Present and suspended rates to East St. Louis, Ill., and St. Louis, Mo., distance over shortest tariff routes thereto, and percentage present and suspended rates are of indicated scale rates prescribed on bituminous coal-Continued

["Present" as used in table means rates of Mar. 14, 1947]

NOTE: District numbers, where shown, are those shown in Agent R. G. Raasch's Tariff 1-1, I. C. C. No. 505,

or from Odin, Ill., via B&O direct.
Applicable from Centralia or Glen Ridge, Ill., via CB&Q direct, or from Centralia, Ill., via Mo.-Ill., Flinton, Ill., Mo. Pac. direct, or via Mo.-Ill., Ste. Genevieve, Mo., StLSF
Applicable only from stations and mines located on the IC.

direct.

Applicable from Centralia or Glen Ridge, Ill., via CB&Q direct, or via IC. direct, or from Centralia, Ill., via Mo.-Ill., Flinton, Ill., Mo. Pac. direct, or from Odin, Ill., via B&O
Applicable from Centralia District except via routes otherwise provided.

"Applicable only from Centralia or Glen Ridge, Ill. via CB&Q direct, or from Centralia, Ill. via Mo.-Ill., Flinton, Ill., Mo. Pac. direct, or from Odin, Ill., via B&O direct.
Applicable only from mines and stations on the C&EI.
Not applicable from mines and stations on C&EI.

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