CORPORATION COMMISSION OF NORTH CAROLINA! vs I ABERDEEN AND ROCKFISH RAILROAD urn. t " )$«>] t /*’$«.■ -,-A ,w;^>'•,t&ftr »L« •: : - r •*n k^;..V7y -.Syyy , v?V Vt ■ 1 4 %'V;' ■• £j «;• & -V'•■■ l/'V }& mum \\T'$ ll ! 1 mtmimSi iraAKaitaS; H .• « |- C .V' ' '•• 7.;. ,, . IV *- iAjP '• '•'V-Jr'." kT- -UJ -{(^'1 Y | : V-i |r' I i . '•yv'.y.i > iy !i MS S&vWvSl • ■•>•;;. :.v: ; ■ s ' 1 ■ -to ' v-.r, - >< IPIPII ,.WV,s mmi: w % '.'' * V, -. - . v ;*i. •. 3K I ■■>■ - I'f.'L i';,. ''j'' >;i.V' . i- 1 ',i," ■ ' \ " ’ \ ’ ■ [y?K,a:;;|r;v ir A;,:y%', v r. |V-/Vi m;..v ' :;■ >■ ■_; . : . .-; ;v-, ’■»'... MNt ®ES fcBg'jti* VH 0 yjA"v«'.' rfA's • V s»M ; 3 , 1} .wiKsPi ,^. jPP^.,, ,. iRfelWwS No. BEFORE THE INTERSTATE COMMERCE COMMISSION Corporation Commission of North Carolina VS. Aberdeen and Rockfish Railroad et al. COMPLAINT CORPORATION COMMISSION OF NORTH CAROLINA By W. T. LEE, Chairman GEORGE P. PELL and A. J. MAXWELL, Commissioners. €&e JLtbraq? of tt)€ Oniticrsitp of JSortb Carolina Collection of |2ortl) Caroltniana Ws book teas tnegfenteft Cp 3Sb. I A 3 I n. BEFORE THE INTERSTATE COMMERCE COMMISSION Corporation Commission of North Carolina VS. Aberdeen and Rockfish Railroad et al. COMPLAINT To the Interstate Commerce Commission: The Corporation Commission of the State of North Caro¬ lina, hereinafter referred to as the complainant, being legally authorized so to do, files this its complaint on behalf of said State, localities therein, and the citizens thereof, and respect¬ fully shows: 1 The transportation companies named in Exhibit A, herein¬ after referred to as defendants, are common carriers en¬ gaged in the transportation of freight only by railroad in some cases, and partly by railroad and partly by water in other cases, between points in one state or territory and points in another state or territory, transporting commodi¬ ties shipped in interstate commerce, and as such carriers are subject to the provisions of the Act to Regulate Com¬ merce, approved February 4, 1887, and Acts amendatory thereof or supplementary thereto. 2 Defendants (except the Clyde Steamship Company) have published a complete line of class and commodity rates be¬ tween New York and interior Eastern points adjacent 2 thereto and points in North Carolina via water and rail and via rail, water and rail, through Norfolk, Va., as shown in Agent Cottrell’s I. C. C. Nos. 375, 324, 401, 402, and 444. 3 The Clyde Steamship Company operates a regular sched¬ ule of freight steamers between New York and Wilmington, N. C., and has published through rates between interior Eastern points in New York, Pennsylvania, etc., and Wil¬ mington, N. C., as shown in Clyde Steamship Company’s I. C. C. No. 501; also, proportional rates between New York City and Wilmington, N. C., as shown in Clyde Steamship Company’s I. C. C. No. 497. 4 The Clyde Steamship Company also has published through rates from Eastern and interior Eastern points via water and rail to points in the South, through South Atlantic ports to which it operates steamer lines, except to points in North Carolina, through the port of Wilmington, as shown in Clyde Steamship Company’s I. C. C. Nos. 456 and 460. 5 Complaint is hereby made of the failure of the Clyde Steamship Company and the defendants named in Exhibit A to publish through rates between New York City and inte¬ rior points in North Carolina through the port of Wilming¬ ton, and that the failure of the defendant companies to publish through rates between New York and interior points in the State of North Carolina constitutes a discrimination against the localities and shippers in the State of North Carolina, and subjects the said localities and shippers to undue and unreasonable prejudice and disadvantage, in that it denies to the said shippers and localities the benefit of \he use of the route through their nearest port, and the benefit and advantage of rates reflecting the shorter rail 3 haul to and from the port of Wilmington, in violation of Section 3 of the Act to Regulate Commerce. 6 Complainant is informed and believes that the reason for the failure of the Clyde Steamship Company and other de¬ fendants named in Exhibit A to publish through rates be¬ tween New York City and North Carolina points, as com¬ plained of above, is due to a disagreement among themselves as to what the total rates should be or how such rates should divide, and to the desire of such of the defendant railroad companies as operate to and from the port of Norfolk to get the benefit of the longer rail haul to and from that port. 7 In the absence of through reasonable rates between New York and North Carolina points via Clyde Steamship Com¬ pany through Wilmington, the State of North Carolina and its citizens are deprived of a route for traffic to which they are justly entitled, and at rates lower than rates in effect via other routes by reason of the fact that the water haul to and from the port of Wilmington would place traffic within the borders of the State and to a large part of the State of North Carolina would require the shorter rail haul to the interior than the routes now being used through Norfolk, Virginia. 8 It is the contention of the complainant that inasmuch as the Clyde Steamship Company has published through rates in their I. C. C. No. 501, between interior points in Pennsyl¬ vania, New Jersey, New York, etc., and Wilmington, N. C., out of which through rates they receive certain proportions from New York to Wilmington, it is logical to presume that they could afford, and therefore should be required, to pub¬ lish through rates between New York and interior North 4 Carolina destinations through the port of Wilmington, in connection with other defendant carriers named in Exhibit A, based upon factors approximating the proportions they now receive on through traffic from interior Eastern points through the port of New York to Wilmington, N. C., plus reasonable proportional rates of rail carriers between Wil¬ mington and interior points in North Carolina, plus reason¬ able charges for wharfage and handling at Wilmington. 9 The through water and rail rates on classes and commodi¬ ties between New York and points in North Carolina through the port of Norfolk, Va., are and have always been made certain differentials over the rail rates from and to Norfolk and in the division of said rates as between water and rail carriers the latter receive less than their local rates from and to Norfolk. 10 The complainant contends that under the principles now employed by the carriers in making and dividing rates through the port of Norfolk, Va., reasonable rates and divi¬ sions should be established through the port of Wilmington, and which should reasonably be less than rates now in effect through the port of Norfolk. 11 The Clyde Steamship Company at one time published through rates between New York and points in North Caro¬ lina through the port of Wilmington (see Clyde Steamship Company’s I. C. C. No. 69), which rates were withdrawn over protest of the North Carolina Corporation Commission. However, while these rates remained in force from 1909 to 1916, no considerable volume of business developed, owing to the fact the rates were identically the same as in effect through the port of Norfolk, and the service through the latter route was superior. 5 Wherefore, complainant prays that defendants may be severally required to answer the charges herein; that after due hearing an order be made commanding said defendants and each of them to establish and put in force and apply just, reasonable and non-discriminatory rates, rules, regu¬ lations, practices for the transportation of classified freight and all other commodities between New York and points in North Carolina through the port of Wilmington. And that such other and further order or orders be made as the Com¬ mission may consider proper in the premises and complain¬ ant’s cause may appear to require. Dated at Raleigh, N. C., October 5, 1923. Corporation Commission of North Carolina By W. T. LEE, Chairman GEORGE P. PELL and A. J. MAXWELL, Commissioners. EXHIBIT “A” Aberdeen & Rockfish Railroad Appalachian Railway Asheville & Craggy Mountain Railroad Asheville Southern Railway Atlantic & Carolina Railroad Atlantic Coast Line Railroad Company Atlantic & Western Railroad Atlantic & Yadkin Railway Black Mountain Railway Bonlee & Western Railroad Carolina Railroad Carolina, Clinchfield & Ohio Railway Carolina & Northeastern Railroad Carolina & Northwestern Railway Carolina & Tennessee Southern Railway Cliffside Railroad Clyde Steamship Company Danville & Western Railway Dover & Southbound Railroad Durham & Southern Railway East Carolina Railway Elkin & Alleghany Railroad East Tennessee & Western North Carolina Railroad High Point, Randleman, Asheboro & Southern Railroad High Point, Thomasville & Denton Railroad Kinston Carolina Railroad Laurinburg & Southern Railroad Lawndale Railway & Industrial Company Linville River Railway Louisville & Nashville Railroad Maxton, Alma & Southbound Railroad New Holland, Higginsport & Mount Vernon Railroad Norfolk Southern Railroad Company Norfolk & Western Railway Ocona Lufty Railroad Piedmont & Northern Railway Raleigh & Charleston Railroad Randolph & Cumberland Railway (J. S. Crews, Receiver) Roanoke Railway Rockingham Railroad 7 Seaboard Air Line Railway Smoky Mountain Railway Southern Railway Tallulah Palls Railway Company (J. P. Gray, Receiver) Tennessee & North Carolina Railway Townsville Railroad Virginia & Carolina Southern Railroad Warrenton Railroad Washington & Vandemere Railroad Wellington & Powellsville Railroad Wilmington, Brunswick & Southern Railroad Winston-Salem Southbound Railway Yadkin Railroad KS ; FOR USE ONLY IN THE NORTH CAROLINA COLLECTION