Order no. 8860
|Friday, the 10th of
December, A.D. 1909
Re complaint of Grain Growers' Grain Co. of Winnipeg, alleging long delay on the part of railway companies in repayment to shippers of grain for lumber supplied for car doors; and re complaint of J. J. Denman and others of the Province of Alberta, complaining of unjust treatment afforded them by the Canadian Northern and Canadian Pacific Ry. Cos. in compelling complainants to furnish doors or boards for the interior of cars supplied to them for shipments of coal;
Upon hearing the above complaints in the presence of counsel for the applicants, in so far the former orders hereinafter referred to are concerned, as well as counsel for the C.P.R., the C.N.R. and the G.T. Pacific Ry. Cos.,
and upon counsel representing that serious difficulty is likely to arise in connection with the operation of the orders in these matters, made Feb. 2 and 19, 1909, in so far as they direct at the time of shipment payment to the shipper out of funds of the railway company in the hands of its agent,
it is ordered:
- That the orders of Feb. 2 and 19, 1909, be hereby rescinded.
- That where shippers upon all or any ???? always subject to the jurisdiction of the Dominion Parliament are compelled to furnish car doors to enable cars to be used for traffic, allowance therefor to such shippers be made upon the following basis: At and west of Fort William, lower car door, $1; upper car door, 5O¢. East of Fort William, upper or lower car door, each, 50¢ And that adjustment between the said shipper and the said railway company shall be made by the agent of the railway company at or nearest to the point of shipment, by permitting the shipper to deduct from the freight charges, If any, payable by him upon the shipment in such car for which the said door or doors were so supplied, the amount of such bill upon the foregoing basis, the said shipper receipting the same for the amount so allowed and turning the account in to such agent as so much cash.
- In the event of the shipper not prepaying the freight upon the shipment with reference to which such car door or doors are so furnished, then the railway company shall, within 30 days from the date of such shipment, reimburse to the shipper the sums payable upon the above basis for the door or doors are so furnished by him.