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Motion to Dismiss.

[Filed with Commission.]

HOLBROOK

v.

ST. PAUL, MINNEAPOLIS & MANITOBA RY. Co.

Comes the defendant, the said St. Paul, Minneapolis & Manitoba Railway Company, by S. S. Burdett, its attorney, and moves the Commission to dismiss the cause and complaint herein for insufficiency.

1. Because there is no matter set out therein cognizable by this Commission under the act of Congress approved February 4, 1887.

2. Because the said petition or complaint shows on its face that the matters and things therein complained of happened prior to the approval of the act aforesaid and prior to its taking effect as a law.

3. Because said complaint contains no allegation or averment that the matters therein complained of continued after the passage of said act.

4. Because the allegation in said complaint of a belief as to what may happen in the future to the detriment of the petitioners is not ground for interposition in that behalf by the honorable Commission.

S. S. BURDETT,

Attorney for St. Paul, Minneapolis & Manitoba Railway Co.

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The above named defendants, for answer to the complaint in this proceeding, respectfully states:

(I.) That (here follow the usual admissions, denials and averments. Continue numbering each succeeding paragraph.)

Wherefore the defendant prays that the complaint in this proceeding be dismissed.

THE

RAILROAD COMPANY.

By E. F.,

(Title of officer.)

Answer on the Merits.

[Filed with Commission.]

INTERSTATE COMMERCE COMMISSION.

The Pennsylvania Railroad Company, for answer to the said petition, or so much thereof as it is advised it is necessary for it to make answer unto, saith:

First. That it admits that a through route between the various companies respondent exists, substantially as alleged in said petition, and that the rate of charges for lumber from the points indicated in said petition, that is to say, from Macon and Atlanta in the State of Georgia, and from Johnson City, in the State of Tennessee, to Boston, are, as per their tariff's filed, the same as set out in the said petition.

Second. That whether the petitioners have a large amount of money invested in business in Johnson City, which they cannot withdraw without severe loss, is a fact as to which this respondent cannot be advised, and asks that the petitioners be held to proof thereof. This respondent, however, denies that the rate which the tariff describes for lumber on said through line from Johnson City to Boston is unjust or unreasonable, or that it greatly injures or unjustly restricts the business of the petitioners. Third. That the rates from Macon of thirty-six cents and from Atlanta of thirty-four cents per 100 lbs. upon lumber, as well as the rate of thirtysix cents per 100 lbs. from Johnson City, were fixed by the East Tennessee, Virginia & Georgia Railway Company, the initial company; and that the reasons justifying the said rates of thirty-six cents and thirty-four cents per 100 pounds respectively from Macon and Atlanta, respectively 1328 miles and 1240 miles from Boston, as compared with the rate of thirty-six cents per 100 lbs. for the shorter distance from Johnson City, in the State of Tennessee, to Boston, are as follows:

(a.) That the rates in the State of Georgia are fixed and controlled by the Railroad Commissioners of that State, that commission fixing the charges for transportation to coast cities from mills in the State of Georgia.

(b.) The fact of water competition from Brunswick, Georgia, on the Atlantic ocean, to Boston and other north Atlantic points; that adding the rate from the mills to Brunswick, as fixed by the Railroad Commissioners of Georgia, to the rate given by the coast line. water carriers to Boston, the aggregate is less than the amount charged, as aforesaid, upon the tariffs of the respondents on their through railroad carriage from Macon and Atlanta to Boston.

(c.) A large amount of freight is received at Atlanta and Macon from eastern cities, including Boston, vessels containing which would have to return empty in large part, but for the fact that they can be returned loaded with lumber.

(d.) The reason why the Atlanta charge is the same as that from Macon arises from the fact that the lumber shipped from Atlanta is manufactured at mills a considerable distance from that city, and transported there over local roads before being marketed.

(e.) That the lumber shipped from Johnson City is for the most part poplar lumber, while that which goes from Georgia territory is exclusively Georgia pine; and that the rate per 100 lbs. per mile for hauling poplar, by reason of its greater bulk, should reasonably be greater than that for hauling pine.

As to all of which matters reference is made for fuller details, to the answer of the East Tennessee, Virginia & Georgia Railway Company. Wherefore this respondent prays that the said petition be dismissed. THE PENNSYLVANIA RAILROAD COMPANY,

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In the matter of the petition of the Boston and Albany Railroad Com. pany against the Boston & Lowell Railroad Corporation and others, dated May 21, 1887.

The Northern Railroad, named in said petition as the Northern Railroad Company, for answer to such petition, says:

First. That its road is now, and has been since the 31st day of May, A. D. 1884, in the possession of and operated by the Boston & Lowell Railroad Corporation under a lease, and that the Northern Railroad during that time has not made and issued, or joined in making or issuing with the other railroad corporations named in said petition, joint rates, as set forth in the petition.

Second. The respondent corporation has not sufficient knowledge to admit or deny the other matters and things named in said petition, but it requires the same to be proved if, and so far as material, for any purpose against it. NORTHERN RAILROAD, By.....

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Atty.

Commonwealth of Massachusetts,

Suffolk, 88.:

June 27, 1887.

Then personally appeared J. H. Benton, Jr., and made oath that he is attorney of the Northern Railroad, by which the foregoing answer is made, and that the same is true.

Before me,

Justice of the Peace.

Answer Denying Joint Agreements.

[Filed with Commission.]

The New York and New England Railroad Company, one of the respondents in the above-entitled cause, separately answering such portions of the complainants' petition as it is advised it is important and necessary to make answer unto, says:

That it is not true, as averred in the first paragraph of the said complaint, that the respondent with the other companies named therein form one connecting through line under joint traffiffic arrangements; that the respondent has no contract or contracts or traffic arrangements with the East Tennessee, Virginia & Georgia Railway Company nor the Norfolk & Western Railway Company, nor with the Shenandoah Valley Railroad Company; that it has no contract or contracts or traffic arrangements with the respondents named herein whose railroads are located south of the Cumberland Valley Railroad Company; the lumber received by the respondent from points south of the Cumberland Valley Railroad is rebilled by said Cumberland Valley Railroad Company and again rebilled by the New York, New Haven & Hartford Railroad Company at Harlem river.

It admits that it has carried lumber at the rate of thirty-six cents per 100 lbs. in full car load lots, which it is informed has come from Johnson City, in the State of Tennessee, to Boston as aforesaid; but the respondent denies that it has carried any lumber from Atlanta, Ga., or any other points south of Hagerstown at a rate of thirty-four cents per 100 lbs. from such initial point to Boston; and it denies that it has charged or received any greater compensation in the aggregate for the transportation of like kind of property under substantially similar circumstances and conditions for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance.

It admits that it has carried lumber over this road which it is informed has come from Macon, in the State of Georgia, to Boston, at a rate of thirty-six cents per 100 lbs., and says that this rate was made by the initial road without consultation with this respondent.

And the respondent, further answering, says the rate of thirty-six cents per 100 lbs. for transportation of lumber from Johnson City to Boston. a distance of 915 miles, which rate of thirty-six cents is less than eight mills per ton per mile, and which is divided among seven railroad companies, for which service this respondent is required to furnish expensive terminal facilities is not in itself an unreasonably high rate, and that said rate should not be reduced.

This respondent denies each and all of the allegations of the petitioners' complaint not hereinbefore admitted or denied.

NEW YORK & NEW ENGLAND R. R. COMPANY,

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(NOTICE.-Witness fees for attendance under this subpoena are to be paid by the party at whose instance the witness is summoned, and every copy of this summons for the witness must contain a copy of this notice.)

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