
    CHICAGO, R. I. & P. RY. CO. et al. v. STATE.
    No. 3473.
    Opinion Filed December 5, 1912.
    (128 Pac. 907.)
    CARRIERS — Rates—Regulation—Corporation Commission. An appeal having been prosecuted from an order of t,he Corporation Commission promulgating rates, rules, and regulations, and the com- . ..mission having, filed in this court its 'recommendations as to the , modification ■ of said order, and the .appellants and , appellee ap- . -, pearing and agreeing to submit-said appeal.on the-record and - . said recommendations, and waiving -the filing ' of. briefs, it not being pointed out by .specification qf error .wherein .such order so modified would be unreasonable and unjust, held, that the recommendation of the commission will be adopted, and that said order will be affirmed as modified under said recommendation.
    (Syllabus by the Court.)
    
      Appeal from State Corporation Commission.
    
    Proceeding by the State Corporation Commission for the establishment and promulgation of railroad rates on coal. From an order fixing the rates, the Chicago, Rock Island & Pacific Railway Company and others appeal.
    Modified and affirmed.
    C. O. Blake, Cottingham & Bledsoe, R. A. Kleinschmidt, C. L. Jackson, E. A. De Meul'es, E. R. Jones, Geo. E. Black, E. P. ' Miles, and Chas. E. Warner, for appellants.
    
      Chas. West, Atty. Gen., and Chus. L. Moore, Asst. Atty. Gen., for the State.
   WILLIAMS, J.

The Corporation Commission of the state of Oklahoma has filed, in writing, certain recommendations for modification by this court as to Order No. 502, involved in this appeal. All the attorneys for appellants, and the Attorney General, for the state, appeared and in open court by agreement submitted the case upon the record in this appeal and said recommendations of the commission, and waived the filing of briefs.

It is ordered that the commission’s recommendations be adopted, and in lieu of the rates, rules, and regulations contained in the original Order No. 502, that the rates, rules, and regulations contained in said recommendations, which are as follows:

CORPORATION COMMISSION OP OKLAHOMA
Cause No. 1,351. Order No. 502.
To tbe Atchison, Topeka & Santa Pe Kailway Company, Chicago, Bock Island & Pacific Railway Company, Clinton & Oklahoma Western Kailway Company, Pt. Smith & Western Railroad Company, Gulf, Colorado & Santa Pe Railway Company, Kansas City, Mexico & Orient Railway Company, Kansas City Southern Railway Company, Midland Valley Railroad Company, Missouri, Kansas & Texas Railway Company, Missouri, Oklahoma & Gulf Railway Company, Oklahoma Central Railway Company, St. Louis & San Praneiseo Railroad Company, St. Louis, El Reno & Western Railway Company, St. Louis, Iron Mountain & Southern Railway Company, and Wichita Palls & Northwestern Railway Company:
It is hereby ordered that on and after the 31st day of July, 1911, no railroad or combination of railroads doing business in the state of Oklahoma shall charge, assess or collect a greater rate for the shipment of the commodities named herein than are herein provided, and that the following rules in so far as they are applicable shall govern the handling and assessment of charges upon such commodities between points in the state of Oklahoma on the lines of the railroads and railways named above:
Item No. 1.
Col-Col-Col-Col-
Miles umn 1. umn 2. Miles umn 1. umn 2.
5 25 21 160 130 no
10 31 26 170 135 .115
15 37 31 180 140 119
20 42 36 190 145 123
25 47 40 200 150 127
30 51 43 210 154 ' 131
35 55 47 220 158 134
40 59 50 230 162 138
45 63 54 240 166 141
50 67 57 250 170 145
55 71 60 260 174 148
60 75 64 270 178 151
65 79 67 280 182 155
70 82 70 290 186 158
75 85 72 300 190 162
80 88 75 310 194 165
85 91 77 320 198 168
90 94 80 330 203 173
95 97 82 340 206 175
100 100 85 350 210 179
110 105 89 360 214 182
120 110 93 370 218 185
130 115 97 380 222 189
140 120 102 390 226 192
150 125 106 400 230 195
Item No. 2.
Bates named in column 1 of item 1 shall apply upon carload shipments of coal and. coke.
Item No. 3.
Bates named in column 2 of item 1 shall apply upon shipments of slack coal in carload lots.
Item No. 4.
Slack coal shall be considered as any and all coal that will pass through a bar screen with bars one and five-eighths inches apart or through a round hole two and one-half inches in diameter. All other coal shall move under the designation of coal and coke.
Item No. 5.
The minimum weight upon carload shipments of the commodities named herein shall be the marked capacity of the ear except when cars are loaded to their full visible capacity actual weight, but not less than 30,000 lbs. shall govern.
■ • Item No. 6.
'■ Bates named in columns 1 and' 2 of item 1 are for' application over one line or two' or more lines which are under the same manage?' ment" and control either directly or indirectly, in making joint rateé’1 over two or more lines not directly or indirectly under the same management and control add 15c per ton shipments moving two lines and 20e per ton for shipments moving via three or more lines.
Item No. 7.
■ Where shipments are reconsigned either before or after reaching the first destination and such reeonsignment causes a movement of over three hundred miles from point of origin to final destination, 2c per ton for each ten miles or fraction thereof in excess of three hundred miles shall be added to the rates named in columns 1 and 2 of item 1.
Item No. 8.
The railways and railroads named herein shall prepare and publish joint tariff to carry out the provisions of this order. One copy of such tariff shall be filed at each freight depot of each and all of the carriers named herein and two copies for account of each carrier named herein shall be filed with this commission.
- This commission reserves the right to direct the basis for revenue divisions wherever carriers fail to agree.
Item No. 9.
: All orders or parts of orders heretofore issued by this commission Which in any way conflict with the rules named herein are hereby canceled and superseded, the commission reserving the right to relieve the carriers, consignors or consignees of any hardships caused by the enforcement of the rules named herein either before or after movement.
In connection with the above order it has been represented to the commission that, without detriment to the consumers 'of the state, a simplified adjustment of group rates on coal can be inaugurated, and pending the establishment of such rates on a group basis the carriers may observe the present voluntary rates as a maximum, but refunds Shall be made on the basis of the rates' contained in the above recommendation

—be and are hereby made effective as of date of the said original order, to wit, the 30th day of July, A. D. 1911. ' Tariff under this order to become operative as to the various lines when the sched-tile of rates is printed and filed with the commission.

Further, it being made to appear to this court by written representation -of. the Corporation Commission that there is now pending and under'consideration a simplified adjustment of group fates on coal, at .'thejsuggestion'.and. recommendation of', said commission, pending the establishment of such rates on such basis, the. carriers .may,observe-their voluntary rates as a-maximum, but refunds shall be made on the basis-óf the above stated rates.-

All the Justices concur.  