Held, that the Board had no jurisdiction to entertain the complaint; the complainant must be left to her rights in the Courts.

Held, that the Board could only investigate the error in computing the express tolls of the company, but as the company offers to refund the excess the Board should not interfere.

The application was set down for hearing at Ottawa on the 21st September, 1909, adjourned to the sittings of November 16th, but prior to that date disposed of by the Board without argument.

November 11, 1909.

THE CHIEF COMMISSIONER:-I have gone through the correspondence filed in this matter, and it is clear the Board has no jurisdiction to entertain the complaint, and had the matter been brought to my attention earlier, I would have stopped the proceedings at the inception and left complainant to obtain redress, if entitled to any, in the Courts. As the matter stands it is in dispute as to who is responsible for the skiff being way-billed to the wrong address-assuming that if the enquiry were pursued by the Board it was found to have been the neglect of the agent of the express company, the Board could grant no redress because it is not empowered by the Railway Act to direct express companies to make compensation for the negligence, carelessness, or oversight of its officers or agentsthese matters remain for the Court to consider.

It will not be gathered from the foregoing that any opinion. is being expressed as to who is responsible for the error in way-billing, and reference is made to the matter merely for the purpose of shewing that the Board has no jurisdiction over the claim.

The complainant must be left to pursue her rights in the Courts.

It appears some error arose in computing the express charge, and that feature of the contest is the only one the Board could investigate. The company offers to refund the excess above the proper toll for the roundabout course the skiff took, and so nothing is left for the Board to do but refuse to interfere. If complainant can place the fault upon the company for the error, the Court can afford her adequate relief.

CANADA.]

JURISDICTION-TELEGRAPH TOLLS.

[BOARD OF RAILWAY COMMISSIONERS.

WESTERN ASSOCIATED PRESS V. CANADIAN PACIFIC RAILWAY AND GREAT NORTH WESTERN TELEGRAPH COS.

(File No. 12002.)

Telegraph Tolls-Not Unreasonably, High—Filing Tariffs—Unjust Discrimination-Press Despatches-Traffic-"Passing Over the same Portion of the Line of Railway"-"Toll" or "Rate"-Railway Act, 314(5), 315-7-8 Edw. VII. ch. 61, sec. 9-7-8 Edw. VII. ch. 61, Part 1.

Application by the Western Associated Press for reduction of rates charged by the respondents for press despatches, alleging an unjust discrimination in favour of the respondents' customers. The rates charged from points in Eastern Canada to respondents' customers were one cent per word for day service and one-half cent per word for night service, subject to a rule that those rates are "special for publication at point addressed in one newspaper only." The rates charged to the applicants for the same service were one and one-half cents for day and three-quarters of a cent for night despatches.

Held, 1. That the rate made for one class, a single newspaper, should not be arbitrarily applied to another class, an association of newspapers; the different rates not being in themselves unreasonably high.

2. That telegraph companies are brought under the jurisdiction of the Board by 7-8 Edw. VII. ch. 61, Part 1, and their tariffs must be approved by it under section 314 (5) of the Railway Act.

3. That these tariffs must be so framed as not to work unjust discrimination against the applicants, or any other person or association, engaged in like work.

4. That section 315 would have no application whatever, unless the traffic (press despatches) in question passed over the same portion of the telegraph line from start to finish.

5. That under section 9 of 7-8 Edw. VII. ch. 61, the definition of "toll" or "rate" has equal application to railway, telegraph and telephone companies.

THE application was heard at Winnipeg, Nov. 15th, 1909.

A. B. Hudson, for the Western Associated Press.

J. A. M. Aikins, K.C., for the Canadian Pacific Railway Company.

J. Paddington, for the Great North Western Telegraph Company.

January 1, 1910. THE CHIEF COMMISSIONER:-On January 2nd, 1894, the following agreement was entered into between the Canadian Pacific Railway Company and the Associated Press:

"This contract entered into this 2nd day of January, A.D. 1894, by and between the Associated Press, a corporation incorporated under the general laws of Illinois, as party of the first part, and the Canadian Pacific Railway Company of Canada, party of the second part.

"WITNESSETH;

"THAT WHEREAS, the said party of the first part is engaged in the collection and distribution of news for publication in newspapers within the limits of the United States.

"AND WHEREAS, the said party of the second part is engaged in a like business in Canada, and the said parties are mutually desirous of making an exchange of news upon the frontier line between Canada and the United States.

"Now THEREFORE IT IS AGREED;

"That for and in consideration of the covenants hereinafter agreed to by the said party of the second part, the said party of the first part agrees to deliver its news reports to the authorized representatives of the said party of the second part, at Bangor, in the State of Maine; at Buffalo, in the State of New York; at Detroit, in the State of Michigan; and at Seattle, in the State of Washington, AND to deliver the said reports to no other parties for use within the territory of Canada and the British provinces of North America.

"The said party of the first part hereby agrees to deliver to the said party of the second part the said news reports, at the places indicated above, for use within the territory of Canada and the British provinces only, and the party of the second part binds itself that the news reports shall not be re-transmitted for use in the United States.

The said party of the second part further covenants and agrees that it will deliver free of tolls to the authorized repre

sentatives of the said party of the first part, such current news of Canada and the British provinces as its agents may collect, at the places indicated above, and to deliver the said news to no other party, or parties, for use within the territory of the United States.

"The said party of the second part further agrees to transmit over its wires in Canada and the British provinces of North America, as promptly as possible, any matter filed with its agents for transmission, and deliver the same to the authorized representatives of the said party of the first part, at the places indicated above, the rates for such transmission to be one-quarter cent per word for all matter filed between 6 a.m. and 6 p.m. and one-eighth cent per word for all matter filed between 6 p.m. and 6 a.m., local time.

"The said party of the second part further agrees to pay the said party of the first part, at its office in New York, the sum of thirty dollars ($30.00) per week, throughout the life of this contract, the said payment being a partial consideration for the use of the said news of the party of the first part, and in addition as further compensation, shall furnish the news of Canada and the British provinces of North America, as above provided.

"The wires of the party of the second part, or those of the company through whom it makes its connection with the United States, shall be allowed to run into the offices of the party of the first part at the places indicated above, so as to form a direct circuit for the exchange of press between the parties of this agreement. The party of the second part shall be free of rent, and other expenses, excepting telegraph operators at the places indicated above.

"This contract shall continue in force for five (5) years from the date of the signing thereof, and thereafter until annulled by six months' notice for either party.

"WITNESS Our hands and seals this 2nd day of January, A.D.

This is said to be still on foot except that the railway company pays some $6,000.00 per annum instead of the $30.00 per week as provided for in the contract.

In addition to the news obtained by the railway company from the Associated Press, it is itself, through its agents and correspondents, a newsgathering agency in Ontario and the Eastern provinces, and it has this combined matter for transmission over its telegraph lines.

In September, 1907, the Western Associated Press was formed with headquarters at Winnipeg. It is said that the news service supplied by the Canadian Pacific was unsatisfactory, first, on account of the price, and second, that the newspapers had objections to receiving their telegraphic news through a railway corporation. This Press Association is a co-operative concern, pays no dividends, was not formed for profit, and its revenues are intended only to pay expenses; it serves eleven newspapers situate in and west of Winnipeg, and one at Fort William. It brings telegraphic news to Winnipeg over the lines of the Canadian Pacific Company and the Great Northwestern Telegraph Company, and others, but as to the latter, the enquiry need not be pursued, as the complaint is against the respondents only; this news is sifted out at the applicants' head