has been unable to obtain the cars. Had our cars not been delayed by the course he saw proper to adopt, we should have continued to have furnished them, even at a sacrifice of other and more material business interests. For the purpose of avoiding any possible error in the position occupied by this company in the premises, let me ask, if, under the circumstances, we are obliged to furnish cars for through freight destined to points on another road, when it is beyond our power to control the movement of such cars while on such connecting roads? Again, will you please inform me whether we are (or not) obliged to respect the orders governing the movement of foreign cars as received from their owners-while their cars are on our track, so far as it may be in our power so to do? Again, referring to your communication, I desire to here state that since the rendering of the unfavorable (to roads) opinion by the Supreme Court, we have endeavored by all means to avoid any act that could be construed as an evidence of disrespect to the law as endorsed by that decision, and we have tried to satisfy all persons that—no matter at what cost-we should carry out the provisions of the Potter Law until the same should be honorably modified, or until the management and proprietors of the road became hopelessly bankrupt, and then the road would stop business, with a due notice to all concerned. If you will kindly reply to my two questions fully, you will much oblige me. Also please to point out any weakness you may observe in my understanding of our rights and duties in the matter about which I have principally written. We desire not only to conform to the law, so far as it can be properly understood or explained, but we desire to satisfy the legal authorities, as well as the sovereign people, of our good intentions and good faith in the premises. An early reply is hoped for. Very respectfully yours, W. G. SWAN, Gen'l Supt. M. PEDRICK vs. GREEN BAY AND MINNESOTA R. R. CO. Railroad Commissioners: FAIRCHILD, Wis., Oct. 20, 1874. GENTLEMEN: Enclosed, please find a letter to me from the general freight agent of the Green Bay and Minnesota Railroad Company. I wrote to them in reference to shipping to Minnesota, and this is the answer to my letter. The distance is less than seventy-five miles to Winona, which would make the freight $15 per car load, while the West Wisconsin Company charge $8 to Merrillan, and the Green Bay and Minnesota Company charge $19, making $27. I have already shipped, and they have charged at that rate. It is very annoying to try to do anything here when they persist in overcharging on every thing that we ship. Have they a right to charge any more on freight to the state line, that is going into Minnesota, than they would if it stopped at the state line? Yours, respectfully, M. PEDRICK, Esq., Fairchild, Wis.: M. PEDRICK. GREEN BAY, Wis., Oct. 17, 1874. DEAR SIR: In reply to your letter of October 15, I quote you rates from Merrillan to Marshall, Minnesota, as follows: Merrillan to Winona, $19 per car; Winona to Marshall, $38 per car of 20,000 pounds. We are not working under the Potter law, and, if we were, it would not apply to shipments going to Winona, or out of the state. Yours truly, * * DAN. ATWOOD, THE COMMISSION TO MR. PEDRICK. M. PEDRICK, Esq., Fairchild, Wis.: FAIRCHILD, October 21, 1874. DEAR SIR-I am instructed by the Railroad Commissioners to reply, generally, to yours of the 20th, that the "Potter Law" has no application to through freight, and that the point whether freights shipped to other states come under this act on so much of the route as is in Wisconsin, or is to be held as inter-state commerce has not yet been judicially decided. Until the question is settled by the highest tribunals, the board will refrain from passing upon it, confining their action to cases wholly within the limits of the state. It is reported that the Supreme Court of the United States will in December next, finally settle this vexed question, in a suit now pending. I am very truly Yours, H. A. TENNEY, Clerk of the Board. COMPLAINT-J. & A. C. STREETER vs. C. M. & ST. P. R. R. CO. Mr. GEO. H. PAUL: OCONOMOWOC, Wis., December 11, 1874. DEAR SIR:-We desire to ascertain of you whether there is any chance for us to get a drawback on freight. We have paid our freights under protest, and have paid in excess of the Potter law rates, from March 13, 1874, to May 1st, about $260, from May 1st to October 1st, about $600, and from October 1st to date, about $600-total nearly $1,500. We have not figured it accurately, but it will not vary much from these figures. A part of our company (Moore Galloway & Baker) manufacture lumber at Fond du Lac, and we receive most of our stock from them. The railway companies are now charging us the same rates that they have been since October 1, 1874, $21.00 per car from Fond du Lac to this place, and, as we understand the Potter law, the rates should be only $13.00, via Watertown. Please give us information in regard to this matter without delay, and oblige. Yours truly, J. & A. C. STREETER & CO. [Referred by Commissioner Paul to the Attorney General.] ATTORNEY GEN'L. SLOAN TO J. & A. C. STREETER, & CO. OFFICE OF ATTORNEY GENERAL, MADISON, Dec., 23, 1874. J. & A. C. STREETER & Co., Oconomowoc : GENTLEMEN: I send you herewith an affidavit which I wish one of the members of your firm to sign and swear to, if correct. Please make and attach to it a statement of the shipments since October 1st, showing, in sepa rate columns, date, number of cars, weight, rate, amount charged by R. Company and legal rate, swear to same before Notary Public, and return to me, I am getting this proof together, so as to take proceedings against the company for a violation of the injunction. J. & A. C. STREETER & CO., TO ATTORNEY GENERAL SLOAN. ATT'Y GEN'L SLOAN: OCONOMOWOC, Wis., Dec., 21, 1874. DEAR SIR: We opened a correspondence with Mr. Geo. H. Paul in regard to the matter of freights, and as he sent our letter to you now that we desire more nformation, on the subject we thought best to address you directly. The Railroad Co., would like us to change our place of purchasing our lumber, which we cannot do as part of our firm are manufacturers of lumber, at Fond du Lac. The R. R. Co., now require freight paid in advance at Fond du Lac where the cars are to be transferred on to the C. Mil., & St. Paul Ry. Please inform us without delay, whether the railroad company have a right to require pre-payment of freights, and if so, to collect more mileage than the Potter Law has heretofore given them, regardless of transfer from one road on to another? Whether they are entitled to two starting points, and if not, and we should tender the railway company the amount of freight from Fond du Lac to this place, .according to the Potter Law rates, $14%, and they refuse to accept of the same, what is to be done? And in case they have a right to exact pre-payments of freights, and we tender them the same at Fond du Lac and they refuse to accept, what would be the best course to pursue? And further, in regard to back pay [overpayments previous to injunction], Mr. Geo. H. Paul says, that we have a right of action against the company and under the decision of our Supreme Court can undoubtedly recover, and' as we read the penalties for violation of the law, the company are liable for three times the amount received in excess of the rates prescribed by the Potter Law. In order to recover the amount of excess of freight due us, what is the best course for us to pursue? Enclosed you will find statement of freights paid, and the amount of overcharges. Please look it over and see if it is correct. Hoping to hear from you soon, we remain, Yours truly, J. & A. C. STREETER & CO. STATISTICS OF RAILWAY COMPANIES ACCOMPANYING REPORT OF COMMISSIONERS. SUBJECTS EMBRACED: Mileage, Cost and Earnings of the Railroads of the several States of the United States, 1873. Railroad Lines and Parts of Lines in Wisconsin. Statement relating to Origin and Cost of Wisconsin Railroads. Stock, Debt and Cost of the Chicago, Milwaukee and St. Paul Railway, including a Synopsis of all the several Wisconsin branches at present embraced. Prices of Stock and Bonds of Milwaukee and St. Paul Railway Company, from 1860 to 1874. Stock, Debt and Cost of the Chicago and Northwestern Railway Company, including the several Wisconsin branches at present embraced. Prices of Stock and Bonds of Chicago and Northwestern Railway Company, from 1860 to 1874. Stock, Cost and Debt of other Wisconsin Railroads. Returns and Deductions from the Returns of Railway Companies for 1873. Synoptical History of Land Grants given by Congress in aid of Railroad Construction in Wisconsin. National, Local and Farm-Mortgage Aid to Railroads in Wisconsin. Statistics illustrating the Bearing of the Law of 1874 upon Railway Transportation. |