The Corporation Commission of the state of Oklahoma has filed, in writing, certain recommendations for modification by the court as to order No. 516 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 *Page 225 in the original Order No. 516, that the rates, rules, and regulations contained in said recommendations, which are as follows:
To the Atchison, Topeka Santa Fe Railway Company, Chicago, Rock Island Pacific Railway Company, Ft. Smith Western Railroad Company, Clinton Oklahoma Western Railway Company, Gulf, Colorado Santa Fe 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, El Reno Western Railway Company, St. Louis, Iron Mountain Southern Railway Company, St. Louis San Francisco Railroad Company, and Wichita Falls Northwestern Railway Company.
It is hereby ordered that on and after the 30th day of September, 1911, the railroads and railways named above shall not assess or collect a greater rate for the shipment, in carload lots, of the commodities named herein between points on their lines in this state than provided herein between points on their lines in this state than provided herein and that, in so far as they are applicable, the rules and regulations named herein shall govern the handling and assessment of charges upon such commodities between points in the state of Oklahoma and otherwise to be governed by rules heretofore or hereafter issued by this commission.
Item No. 1.
Rates in cents per 100 pounds.
Miles. Column 1. Column 2.
5 4 2.0
10 4 2.0
15 4 2.0
20 5 2.0
25 5 2.2
30 5 2.5
35 5 2.5
40 6 2.6
45 6 2.9
50 6 2.9
55 7 3.0
60 7 3.1
65 8 3.3
70 8 3.4
75 8 3.5
80 9 3.7
85 9 3.8
90 9 3.9
95 9 4.1
100 9 4.2
105 10 4.4
110 10 4.4
115 10 4.6
120 10 4.6
125 10 4.8
130 11 4.8
135 11 5.0
140 11 5.0
145 11 5.2
150 11 5.2
155 12 5.4
160 12 5.4
165 12 5.6
170 12 5.6
175 12 5.8
180 13 5.8
185 13 6.0
190 13 6.0
195 13 6.2
200 13 6.2
205 14
215 14
220 14
*Page 226
225 14
230 15
240 15
250 15
260 16
270 16
280 16
290 16
300 16
310 16
320 17
330 17
340 17
350 17
360 18
370 18
380 18
390 18
Over 390 18
When exact distance is now shown use next greater distance.
"A" — Dressed, bent, turned, tenoned or mortised, not further finished in the white.
"B" — Glazed or unglazed with common window glass or glass taking same rating as common window glass.
In using percentages shown in items 6, 7, and 7 1/2 for joint line shipments ascertain through mileage and use rate shown in column 1 of item No. 1 plus two and one-half (2 1/2) cents and rate will be percentage shown of that figure.
The above rates will apply only on condition that at least sixty (60) per cent. of the in-bound tonnage is reshipped and the line bringing the rough material to the mill is the initial carrier of the out-bound shipment.
Carriers may require the payment of the rates named in column 1 of item No. 1 on the in-bound shipment, but if such requirement is made immediate refund to the basis of rates shown in column 2 of item *Page 228 No. 1 must be made when sixty (60) per cent. of the in-bound tonnage is reshipped as provided above.
All articles named herein, except those shown below, in cars 35 ft. 6 in. to and including 36 ft. 6 in., 30,000 pounds. Cars over or under this length as per rule 6 B, Western Classification No. 50, or approved reissues thereof or supplements thereto.
Frames (blind, door, screen or window), s. u. or k. d., minimum weight 24,000 pounds.
Doors and sash (glazed or unglazed with common window glass or glass taking the same rating as common window glass), minimum weight 24,000 pounds.
Box shooks, lath, hoops or shingles, minimum weight 26,000 pounds.
Articles mentioned in items Nos. 7 and 9, minimum weight 40,000 pounds.
Articles mentioned in item No. 7 1/2, minimum weight marked capacity of car, except as follows:
Where cars are loaded to full visible capacity, and the actual scale weight is less than the marked capacity of the car, the actual sale weight will apply.
Where cars are loaded to full physical capacity and are not weighed on track scales use estimated weights shown in item 12.
In no case will minimum weight be less than 34,000 pounds.
Articles requiring more than one car, account length, when loaded on two cars, minimum weight 48,000 pounds, three cars, minimum weight 72,000 pounds.
Logs: Cottonwood, eight and one-half (8 1/2) pounds per ft.; ash, cypress, elm, gum, maple, poplar, sycamore or walnut, ten (10) pounds per foot; hickory or oak, twelve (12) pounds per foot.
Cordwood: The following estimated weights will apply: Green wood, per cord, 4,500 lbs.; seasoned wood, per cord, 3,500 lbs.
The weight of four-foot wood will be determined by the measurement as follows:
Ascertain the number of tiers or racks in each car, and the number of cords in each tier or rack by multiplying length, breadth and height together and divide by 128. If the car cannot be opened and it is impossible to measure by tiers, measure outside of car, deducting 9 inches in length and 9 inches in breadth, which will give the inside measurement. Multiply the length, breadth and height of the car, *Page 229 inside measurement, together and divide by 128. From the result deduct 20% for unoccupied space. The result will be the number of cords in car. The weight of two-foot wood, if piled in car, will be ascertained by measurement, as provided above. If not tired or piled in car, base your estimate on internal measurement of space occupied and allow 20% for unoccupied space.
This commission reserves the right to direct the basis for revenue divisions wherever carriers fail to agree.
— be and are hereby made effective as of the date of the original order, to wit, the 30th day of September, 1911. Tariff under this order to become operative as to the various lines when the schedule of rates is printed and filed with the commission.
All the Justices concur.