NO. 37. FORMAL.

FRANK P. BIRRER,

VS.

OREGON SHORT LINE RAILROAD CO.

Subject: Overcharge on two cars of lumber, Missoula to Dillon. Result: Refund for full amount of overcharge secured for complainant.

Complaint filed November 23, 1907.

Matter adjusted without hearing January 18, 1908.

Frank P. Birrer, of Dillon, Montana, in complaint filed with the Commission, November 23, 1907, set forth that he had been overcharged on two cars lumber between Missoula and Dillon, Montana, and had been unable to secure refund of such overcharge from the railroad company. The matter was taken up with the general officials of the defendant railroad company with the result that on January 18, 1908, refund was made to the complainant in satisfactory amount.

tana.

NO. 38. FORMAL.

E. F. SAWYER,

VS.

NORTHERN PACIFIC RAILWAY COMPANY.

Subject: Additional passenger train service at Magpie station, Mon

Result: Magpie station made a flag stop for Northern Pacific trains Nos. 11 and 12.

Complaint filed February 8, 1908.

Matter adjusted without hearing February 18, 1908.

Under date of February 8, 1908, E. F. Sawyer, of Lombard, Montana, filed complaint with the Commission requesting that Magpie station be made a flag stop for Northern Pacific Passenger Trains Nos. 11 and 12. This matter was at once taken up with Mr. G. A. Goodell, General Superintendent of the defendant company with the result that orders were issued under date of February 17, 1908, making Magpie a flag stop for the trains mentioned, as requested.

NO. 39. FORMAL.

POINDEXTER & ORR LIVE STOCK CO.,

VS.

OREGON SHOrt Line Railroad Co.

Subject: Service on cattle shipment at Dillon.
Result: Service satisfactorily improved.
Complaint filed January 9th, 1908.

Matter adjusted February 1st, 1908.

January 9th, 1908, the Poindexter & Orr Live Stock Company of Dillon, made complaint with regard to service of the defendant Railway Company on a cattle shipment at Dillon, claiming that through the negligence of the agent in not having cars put on first train the cattle were held at the loading point until the complainant was unable to ship in accordance with agreement had with purchasers, necessitating a return of cattle to the ranch.

Matter arranged to entire satisfaction of complainant.

NO. 40. FORMAL.

CITIZENS OF KALISPELL AND VICINITY,

vs.

GREAT NORTHERN RAILWAY COMPANY.

Subject: Interstate rate on oats Flathead country to Eastern terminals. Result: Rate reduced from 50 cents to 45 cents per cwt. through efforts of Commission.

Complaint filed December 28th, 1907.

Matter adjusted January 29th, 1908.

Under date of December 28th, 1907, citizens of Kalispell and vicinity, through Thos. D. Long, attorney, made complaint to the Commission with reference to the advance by the Great Northern Railway Company of its interstate rate on oats from the Flathead district to Eastern terminals, to 50 cents per hundred.

The Commission advised the complainants that as the rate covered interstate traffic, it was without jurisdiction of the Department, but that the Board would be pleased to use its good offices in the premises.

The matter was taken up with the head officials of the Great Northern Railway Co., with the result that the rate was reduced to 45 cents per cwt. thereby saving to the shippers of the Flathead country 5 cents per cwt.

Up to August 15th, 1908, there had been 3,651,689 pounds of oats moved under the reduced rate.

NO. 41. FORMAL.

CITIZENS OF FROMBERG,

VS.

NORTHERN PACIFIC RAILWAY COMPANY.

Subject: Protest against contemplated closing of Fromberg station by the Northern Pacific Railway Company on January 11, 1908.

Result: Matter being taken up by wire with Mr. George T. Slade, General Manager, Northern Pacific Railway Company, orders were issued for the continuance of the station in question.

Complaint filed January 10, 1908.

Matter promptly adjusted without hearing.

Telegraphic complaint signed by numerous business concerns and individuals of Fromberg, Montana, was filed with the Commission January 10, 1908, wherein protest was made against the proposed action of the Northern Pacific Railway Company in closing its station at Fromberg on January 11, 1908. The complainant set forth that the in and out freight business at Fromberg station for the year 1907 had exceeded $200,000.00 in amount and that the direct result of the discontinuance of station facilities. at the point mentioned would seriously injure if not entirely ruin the town.

Upon receipt of the complaint the Commission immediately took the matter up by wire with Mr. George T. Slade, General Manager of the defendant Railway Company, at St. Paul, also with Mr. William Wallace, Jr., Division Counsel of the defendant railway at Helena, Montana, and upon January 10, 1908, received advices from Mr. Slade to the effect that the said station would not be closed pending a further investigation.

The Commission informed the Railway Company that it would not consent to the closing of Fromberg station without a public hearing upon the matter. The investigation prosecuted by the railway officials resulted in orders being issued for the continuance of Fromberg station, thereby obviating the necessity of a public hearing.

The matter was accordingly arranged to the entire satisfaction of the complainants.

NO. 42. FORMAL.

SAMUEL BELLEW, ET AL.,

VS.

NORTHERN PACIFIC RAILWAY COMPANY.

Subject: Additional passenger train service at Arlee and Ravalli, Mont. Result: Arlee and Ravalli made flag stops for Northern Pacific trains. Nos. 3, 4, 5 and 6.

Complaint filed February 10, 1908.

Mattter adjusted without hearing, February 20, 1908.

Complaint having been filed with the Commission by Samuel Bellew and other residents in the vicinity of Arlee and Ravalli stations of the Northern Pacific Railway Company, asking that the said company be compelled to increase its passenger train service at the points mentioned, the Commission took the matter up with Mr. G. A. Goodell, General Superintendent of the defendant company, with the result that Mr. Goodell issued orders making Arlee and Ravalli flag stops for passenger trains Nos. 3. 4, 5 and 6.

NORTHERN PACIFIC RAILWAY CO., GREAT NORTHERN RAILWAY Co., MONTANA RAILROAD CO., CHICAGO, MILWAUKEE & ST. PAUL RY. CO., CHICAGO, BURLINGTON & QUINCY R. R. Co., BUTTE, ANACONDA & PACIFIC RAILWAY CO., OREGON SHORT LINE RAILROAD CO., YELLOWSTONE PARK RAILROAD Co.

Subject: Position of mail cars in passenger trains.

Held: That on and after April 1st, 1908, all mail, express and baggage cars shall be placed behind all freight and passenger refrigerator cars in passenger trains.

Complaint filed January 31, 1908.
Regulation issued March 3, 1908.

This complaint set forth that the custom of Railway Companies operating in Montana of frequently placing mail cars in which mail clerks were working, between the locomotive and passenger refrigerator and express freight cars, tended to increase the danger to the mail clerks in the event of a wreck. It was further set forth by the complainant that if the mail cars in passenger trains were run behind all passenger refrigerator or express freight cars, it would give additional protection against injury to the mail clerks.

The request of the complainant appearing to the Commission to be a reasonable one, regulation was accordingly issued under date of March 3, 1908. See Regulation No. 2.

NO. 44. FORMAL.

CULBERTSON COMMERCIAL CLUB,

VS.

GREAT NORTHERN RAILWAY COMPANY.

Subject: Handling of local freight at Culbertson station.

Result: Service complained of improved to the satisfaction of the complainant.

Complaint filed March 20, 1908.

Adjusted without hearing, April 25th, 1908.

The Culbertson Commercial Club filed a complaint with the Commission on March 20th, 1908, in which it was stated that the defendant Railway Company was negligent in promptly loading and shipping out local freight after the same had been billed.

Upon the matter being taken up with H. A. Jackson, Assistant General Freight and Passenger Agent, orders were issued for an improvement in the service, and the matter arranged to the entire satisfaction of the complainant.

Subject: Failure of the defendant company to promptly pay claims for overcharges on freight shipments.

Result: Claims paid and matter settled to the satisfaction of the complainants.

Complaint filed March 18, 1908.

Matter adjusted without hearing April 27th, 1908.

Under date of March 18th, 1908, Messrs. Kruger & Peterson of Plains, Montana, filed complaint with the Commission, setting forth that they had twelve claims against the Northern Pacific Railway Company for overcharges on shipments of freight; that they had been unable to secure a settlement and asking the Commission's assistance in the premises.

This matter was taken up with Mr. W. H. Merriman, District Freight and Passenger Agent of the defendant company, to the end that payment of the claims was promptly made to the satisfaction of the complainants.