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which they say that the rate on heating materials from Kewanco to Oskaloosa in 1884 was 21 cents by car-loads, 2349 cents for 12,000 pounds, and 35 cents for less amounts. At car-load rates the bill would be but $41.00, and at actual weight on 35 cent rate would be but $36.40. (See Haxtun's letter of February 9, 1885). Again, the rate on this same material from Chicago to Oskaloosa by all our lines is but 35 cents per hundred pounds. I see no reason why the freight from Kewanee, Illinois, to this place on less than one-half car-load of goods (loaded and reloaded by owner) should be more than by car-load of 20,000 pounds, or why they should charge in excess of rates existing between the points, and also charge 1,040 pounds over-weight. I will furnish you anything you may require in regard to this matter. Their overcharges are getting to be a serious matter with me, and my experience has been that railroads never refund.

Yours very truly, (Signed)


OSKALOOSA, IOWA, September 6, 1884.


GENTLEMEN-I inclose you freight bill on heater for your inspection. If you have any shipping arrangements with the Chicago, Burlington & Quincy Railroad, I wish you would have the bill rectified. The rate from here to Chicago is $40 per car, and this certainly was not half a car-load. If this is the regular charge, there is no use of our people buying goods at Kewanee, as we can get goods from New York at the same or less price.

Yours very truly, (Signed)


KEWANEE, ILL., September 7, 1884.

E. P. RIPLEY, ESQ., General Freight Agent C., B. & Q. R. R., Chicago, Ill.:

DEAR SIR-Inclosed find expense bill and letter. Please investigate and make as low rate as circumstances will allow, and oblige,

Yours truly,



OSKALOOBA, IOWA, September 3, 1884.

Oskaloosa Steam Fitting Company, to Burlington & Western Railway, Dr.

For transportation on the following described property billed from Kewanee, Illinois : 8 bais iron pipe, 10 pcs iron pipe, 2 bdls castings, 2 boxes castings, 6 pcs castings, 8 radiators, 4 bdis cast tops, 1 boiler, 1 cast door, 1 cast front, 8 cast grate bars, 1 bdl rods, 1 bdl tools.

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GENTLEMEN–We can make no reduction in this claim, and same is returned to you spectfully declined.

Yours truly, (Signed)


KEWANIE, ILL., February 6, 1880.

E. H. GIBBS, Esq., Oskaloosa, Iowa:

DEAR SIR-We regret we are compelled to return you herewith yours of September 6, 1884, with claim for rebate on freight. You will notice what the railroad company say about the matter,

Yours truly,


KEWANEE, ILL., February 9, 1885. E. H. GIBBS, ESQ., Orkaloosa, Iowa:

DEAR SIR-In answer to yours of the 6th inst: The weights on our shipments to you September 3, 1884, were as follows, as near as we can estimate, and the estimate is a very close

one :


5700 pounds. Boiler..

3:00 pounds. Pipe ..

1010 pounds. Total..

.10140 pounds. Our present rate to your place in car-loads is 21 cents less than car-loads 35 cents per hundred pounds.

Yours truly,


KEWANEE, ILL., February 17, 1885.

E. H. GIBBS, ESQ., Oskaloosa, Iowa:

DEAR SIR-We havo your favor of the 14th inst. with draft for $20 to balance your account, "for which please accept thanks. Our rates in 1884, from Kewance to Oskaloosa, on steam theating material, were, in car-load lots, 21 cents; 12,000 pound lots, 23 cents; smaller lots, 35 cents. Yours truly,


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E. P. RIPLEY, ESQ., General Freight Agent, C., B. & Q. R. R., Chicago,


DEAR SIR-We send you copy of a letter received by the Commissioners, dated February 10, 1885, concerning a shipment of castings, etc., from Kewanee, Illinois, to Oskaloosa, Iowa; also copy of the freight bill which runs in the name of the Burlington & Western Railway. We send this communication to you because we find the Kewanee consignors had laid the matter before you, and that on February 5, 1885, you addressed the Haxton Steam Heater Company, declining to make any reduction, but giving no reasons. (A copy of your letter is enclosed.) Will you be so kind as to give us your reasons for declining to rebate any portion of the charges.

If we correctly read the letters of the Haxton Steam Heater Company, of Kewanee, and of Gibbs Bros., of Oskaloosa, Iowa, the rate from Kewanoe to Oskaloosa in 1884 on goods of this character would be 35 cents, and 9,400 pounds were charged 45 cents. Mr. Gibbs also seems to claim an over weight. We hope you will give us your reasons for refusal to consider the claim. We have not overlooked the character of this shipment, being from a point in Illinois to a point in Iowa, but would be glad, even in such cases, to render a reason to a complainant for the action of the carrier. The bill being to the B. & W. R’y Co., we should have sent to that company but for the fact that the claim seemed to have already been sent to your ollice. An early reply is requested. By order of the Board.

E. G. MORGAN, Seeretary.


DES MCINES, LOWA, February 26, 1885.

E. H. GIBBS, ESQ., Oskaloosa, Iowa:

DEAR SIR,We are in receipt of your communication about a shipment. of castings, etc., from Kewanee, Illinois, to Oskaloosa, Iowa. We have laid the matter before the proper officials, and when advised more fully will communicate with you. The shipment, being from Kewanee, Illinois, to Oskaloosa, Iowa, may be beyond the power and control of the Iowa Commissioners. There is a case now pending in the courts involving the power of the Commissioners to furnish a remedy in such cases, and, of course, we must abide by the decision of the courts. Meanwhile we will do what we can in the matter, and communicate with you further when progress is made in our investigation. By order of the Board.

E. G. MORGAN, Secretary.

OSKALOOSA, IOWA, February 27, 1885.

E. G. MORGAN, ESQ., Secretary Railroad Commissioners:

DEAR SIR-Is it not possible to get after the Burlington & Western Railway? They say they charge local rates from Burlingtou. My impression is that this is the road which las. made the unreasonable charge, and they can do so for the reason that the Chicago, Burlinglington & Quincy will not deliver Oskaloosa freight to any road but the B. & W. R’y. Yours very truly,


CHICAGO, March 2, 1885.

E. G. MORGAN, ESQ., Sec'y Railroad Com's, Des Moines:

DEAR SIR-Answering your favor of the 26th ult., wherein you enclose copy of corresa pondence between E. H. Gibbs of Oskaloosa and the Haxtun Steam Heater Co. of Kewance : I think we made an error in declining the claim, as there was, even on the basis of actual tariff rates, a slight overcharge which was due Mr. Gibbs. Of course I did not personally see the papers at the time the overcharge was presented, and cannot see why the claim was declined. We have no record of any rate in favor of the Haxtun Steam Heater Co. or any one else, of 21 cents per 100 lbs, or any other rate less than the Chicago rate to Oskaloosa, but it is possible that they may have asked and received from us a special rate, of which no record was taken. However that may be, I am entirely willing to settle with Mr. Gibbs on the basis of 2342 cents per 100 lbs, which was the rate alleged by Haxtun Steam, Heater Co. to have been given them on amounts of 12,000 lbs. or over, although this was. somewhat less in amount. As to the alleged overcharge in weight, would say that the property was weighed on the scales in our freight house in Kewanee, and that we can make . no reduction in weight, unless the consignee is prepared to show that the property on arrival was weighed on property scales and found to be less than we billed it. The estimated weights of the Haxtun Steam Heater Co. should not be taken as offsetting the actual weight. as shown by our scales. Upon receipt of the original papers, and especially the expense bill from Mr. Gibbs, we will make voucher for all charges in excess of 23% cents per hundred pounds. Yours truly,

E. P. RIPLEY, Gen'l Freight Agt.

DES MOINES, IOWA, March 4, 1885.

E. H. GIBBS, Esq., Oskaloosa, lowa :

DEAR SIR-I am in receipt of a letter from General Freight Agent Ripley, of the Chicago, Burlington & Quincy Railroad, copy of which is herewith enclosed. Will the settlement he offers to make be satisfactory to you, and shall I send him the original expense bill now on file with your

papers here.

Yours truly,

E. G. MORGAN, Secretary.

OSKALOOSA, IOWA, March 5, 1885.

E. G. MORGAN, ESQ., Secretary:

DEAR SIR-Your favor of the 4th received and contents noted. The terms as proposed are acceptable to me. Many thanks for your promptness. My reason for bringing this matter to your attention was that their overcharges are frequent. I then determined if possible that railroads should live up to their agreements the same as other people. Again thanking you for your promptness, I am yours very truly,


P. S. Should the rebate not be sufficient to cover expense, please send me bill for balance.

E. H. G.

March 7th, 1885.

E. P. RIPLEY, Esq., General Freight Agent, C., B. & Q. R. R., Chicago,


DEAR SIR-I am in receipt of yours of the 2d inst. Enclosed herewith please find original expense bill paid by Mr. Gibbs, as you requested, that you may send him a voucher for the difference. When the matter is adjusted, please notify us that we may close the case. By order of the Board.

E. G. MORGAN, Secretary.

March 7th, 1885.

E. H. GIBBS, ESQ., Oskaloosa, Iowa :

DEAR SIR-Yours of the 5th at hand, and contents noted. I have sent Mr. Ripley, General Freight Agent, Chicago, Burlington & Quincy Railroad, the original expense bill, and he will forward you a voucher for the difference between the amount you paid and 233 cents per 100 pounds.

There are no expenses attending this matter, and the Commissioners will be pleased to hear from you as soon as you have received the amount duo, that the case may be closed on our books. Very respectfully,

E. G. MORGAN, Secretary.

WASHINGTON, D. C., March 13, 1886.

E. G. MORGAN, ESQ., Secretary:

DEAR SIR-I received my check from the Chicago, Burlington & Quincy Railroad on account of my claim for $22.67, which is satisfactory. Again thanking you for your kindness, I am sir, Very truly yours,


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Filed March 3, 1885.

Complainants stated to the Commissioners that certain parties in Spencer were retailing soft coal for less money than they could lay it down at that point, and that in their belief some of the dealers were receiving a special rate or rebate from the company which enabled them to undersell complainants. In reply to a letter from the Commissioners the officers of the company stated that no rebates or special rates had been granted to any coal dealers in Spencer, and that the difficulty no doubt arose from the fact that most of the dealers bought Angus or Oskaloosa coal, either of which could be laid down in Spencer for $3.65 per ton, while complainants' coal cost them -$4.15 at that point.

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The complainant had an order delivered to the agent of respondents railroad at Macedonia, Iowa, on February 18, 1885, for two stock cars in which to make a shipment of live stock to Chicago, said cars to be furnished on the Friday following, February 20th. On that day he drove his stock to the yards, expecting to ship them immediately, but no cars were sent for him, in consequence of which he was obliged to wait until the following day before loading. T'he delay on the part of the company was alleged by complainant to have caused him a loss of $140, as the market was on the decline when bis stock arrived, and the assistance of the Commissioners was asked, to obtain for him some recompense. Complainant was advised by the Board that a money judgment could not be rendered by them, but that they could investigate his case and make recommendation to the company for its settlement, if he did not wish to take it into the courts. This being satisfactory

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