panies, where each company charges the rates allowed for a first haul, amounts to considerably more than the same companies demanded before the passage of the "Potter-law."

Certainly this disregard both of the law and of consistency and conceded justice will not be patiently submitted to by the public, nor should it be overlooked by the State authorities.

We have been led to hope that your company, as well as others, would co-operate with the "A" companies, in making a satisfactory solution of this vexed question. Indeed, when at Hudson, week before last, I was informed that officers of your own and of the C. M. & W. P. R. R. company were in conference on the subject, with a prospect of reaching a satisfactory result.

But a dispatch just received from Milwaukee informs me that nothing as yet has been accomplished. Do you deem an equitable division of earnings between the several corporations impracticable? Yours, very truly,

JOHN W. HOYT,

Commissioner.

M. Pedrick to Commissioner Hoyt.

RIPON, August 30, 1875. DEAR SIR-Have you heard anything further from the railroad managers?

In your communication of the 17th instant, you stated that you had telegraphed to Mr. Merrill, asking him to set matters right. The railroad agent here has unloaded my car of lumber, and refuses to let me have it without full charges. I have been waiting to hear from them that matters had been arranged, but nothing seems to have been done. Of course I am aware that I can commence legal proceedings, but I have been repeatedly assured that unless the railroads complied with the law, as they had promised to, that the authorities would take the matter in hand, and prosecute.

I wish now to come directly to the point, and to know whether or not I may expect any thing from those in authority, in this matter.

Yours, truly,

J. W. HOYT, Esq.,
Commissioner.

M. PEDRICK.

Commissioner Hoyt in reply.

MILWAUKEE, September 1, 1875. DEAR SIR:-Your letter of the 30th ultimo received. I have just come from a very satisfactory interview with Messrs. Alexander Mitchell, president, and J. C. Gault, assistant general manager, Chicago, Milwaukee & St. Paul Railway, at which it was agreed by them that your car-load of lumber, improperly held for non-pay ment of charges at local rates, should be released, and that hereafter the agents of their company will demand on delivery of through freight, coming from other lines, no more than its proportion of the legal through rates, regardless of the compliance or non-compliance with the law by other companies operating connecting lines.

So far as the A roads are concerned this appears to be a final settlement of the vexed question of a pro-rata division of earnings between companies interchanging freight-a result we have long tried to secure, and one that can hardly fail of being very gratifying to you.

By the evening train I visit Chicago, to see what president Porter can do on behalf of the West Wisconsin Railroad Company.

DEAR SIR-Herewith I beg to hand you impression copy of a letter that I have to-day sent to Mr. Swan, with the request that he show it to M. Pedrick.

this road in connection with the other roads of the State of Wisconsin at the "Potter-law" rates, with the Quimby amendment which do not leave to this road the cost of doing the business. And while I, believe that the people are now satisfied that railroads cannot pay operating expenses under this law, and also that the legislature last winter intended, if they did not actually do so, to relieve the West Wisconsin and other weaker railroads from the operation of this law; and while you and I both know that the West Wisconsin Railroad has failed, and is owing to people in your section of the country many thousands of dollars, which it has no means of paying, as well as having defaulted in all its interest, in consequence of this unjust action towards it, I am still going to try and keep this road running until the next session of the legislature, by charging such rates as will let the road earn current expenses, and pay necessary repairs, to keep the road safe, allowing nothing for investment.

If you and the other customers of this railway company are not willing to help me, by paying such reasonable prices, but propose to continue to demand what the "Potter-law rates, with the Quimby amendment allows you," it will cease operating, and those who push it to this extremity must be responsible for the consequences. It has no credit, and to secure the services of its employees I have been obliged to promise them personally that while it continued to operate they should be paid monthly, and when it would not earn enough to pay them for their daily work, they should be notified, and the road should stop.

I tell this frankly to you, that in case it stops, you may not claim before the people that you did not understand the situation. I have done all in my power to prevent this condition of affairs and can go no further.

Yours, truly,

H. H. PORTER, President.

N. B.-I have requested Mr. Swan to present this letter to you, and to ask you what action under this condition of affairs, you are willing to take, to held save this great disaster to your section of country.

H. H. P.

M. Pedrick to Commissioner Hoyt.

RIPON, September 27, 1875.

DEAR SIR: Your favor of sometime since is received; also a long communication from President Porter, setting forth that the exactions of the law were ruinous, etc. But he fails to see that the exactions of the R. R. are such that it cuts off shipments in certain localities, so that they get no business from it. I shall probably see 18 R R C-II (Doc. 15)

Mr. Porter before many days, and hope to arrange matters in some

KENOSHA, WIS., April 26, 1875. GENTLEMEN: I ordered a car-load of cedar fence-posts by Chicago & Northwestern Railway Company, from Peshtigo, in this State, which the local agent, (as I suppose him to be) there billed at 2,000 pounds, $27.00, and so advised me. The railroad company stated in the bill that the car exceeded 2,000 pounds by the amount of 300 pounds, that being the alleged excess, and charged us as follows:

From Peshtigo, car No. 3195; W. B. No. 56; car initials N. W,; date of way-bill, April 23. Cedar posts; weight, 23,000; rates 131; $31.05, excess of $3.00-$34.05; which I paid under protest.

Now I should like to know why I am compelled to pay $3.00 because the consignor, not having the means of knowing the weight of a bulky article like cedar posts, simply filled the car, presuming it within the usual amount? and who authorized or authorizes this railroad company to inflict penalties on consignors in this way? To payment at the rate of 13 for the excess, I do not object to but I think the infliction of a penalty, nothing but extortion, as it is obvious that neither consignor or the consignee had the means of ascertaining the weight in the first instance. Since the passage of the law (the Potter-law, which, by the way, I did not favor,) I have had but little to do with railroads here in matter of freight. I used to think them reasonable in their charges here, but, since the passage of that law, I know there is no such thing as equity in their charges. I submit the above for your information, with the remark that if any evidence was wanting of necessity for restriction, it would be such practices as this.

Extracts form the instructions to agents: "Excess of 20,000 and not exceeding 22,000 pounds will be charged a proportionate rate

and in addition thereto an excess on penalty of 10 cents per 100 pounds, for the weight above 22,000 pounds.

Respectfully, yours,

S. T. BRANDE.

Commissioner Hoyt to H. H. Porter.

OFFICE CF RAILROAD COMMISSIONERS,

MADISON, Wis., May 4, 1875.

DEAR SIR:-Complaint is made by one of your patrons that he has been obliged to pay a penalty of $3 on a load of fence-posts, billed to him as weighing 23,000 pounds. He did not object to paying a pro-rata charge for excess over a car load of 22,000 pounds, (assuming that to be the standard,) but paid the $3 penalty under protest; claiming, that, inasmuch as he had no means of determining the weight of the car as loaded, and had no intention to over-load, or suspicion that he was doing so, anything in the way of smart money should be consideredextortion.

It is conceded that regulations governing the matter of loading are proper, but they should be of such character as not to subject the shipper to penalties, regardless of his desire and purpose to comply with those regulations.

If facilities for determing the actual weight are not furnished, should not shippers be furnished with a standard scale of measurements, observance of which would save them from penalties, which are always odious and irritating? Granting that the standard classification of the M. & St. P. R. R. Company, of June 15, 1872, provides for third-class rates on lumber loaded in any one car in excess of 22,000 pounds," (Mr. Wicker's letter of November 13th, 1874.) still nothing is plainer to my mind than that such provision is a mere regulation of said company, not only without legal authority, but actually contrary to the letter and intent of chapter 273, laws of 1874, which place lumber in a special class, and only applies the Milwaukee & St. Paul "standard classification" to the four general classes.

Assuming the correctness of this position, it is plain that no regulations of any railway company fixing a penalty of the sort herein referred to could have the sanction of the courts, unless it could