The Board of
Railway Commissioners for Canada.

Order no. 955

Wednesday, the 14th of
February, A.D. 1906

In the matter of the application of the Columbia and Western Ry. Co. and the C.P.R. Co., lessee of the Columbia and Western Ry., under sec. 257 of the Railway Act, 1903, for an order disallowing the tariff of the Red Mountain Ry. Co., filed Oct. 3, 1905, as C.R C. no. A. 33, on the ground that the said tariff is unjust and unreasonable, and restoring tariff C.R.C. no. A.30 of the R.M.R. Co. in lieu thereof, or for such other order as may be proper, filed with the Board under reference 17847, file no. 5.

Upon hearing counsel for the applicant companies and the R.M.R. Co., the evidence adduced, and what was alleged; and upon reading the order of the Board dated Nov. 3, 1905, made upon the said application, which, by its terms, was to come into force immediately and to remain in force until the hearing of the said application or until Nov 15, 1905, whichever should first occur, and by which order the tariff C.R.C. no. A. 33 of the R.M.R. Co. was disallowed and in lieu thereof tariff C.R.C. no. A.30 of the R.M.R. Co. was prescribed for the services therein mentioned, and in which order was embodied an undertaking of the applicant companies to abide by and obey any order of the Board for the payment of such tolls or rates as the Board might fix upon the traffic to which such tariff referred, carried during the suspension of said tariff C.R.C. no. A.33; and upon reading the further order of the Board dated Nov. 14, 1905, extending until further order, the order dated Nov. 3, 1905, and embodying a similar undertaking to that above described; and upon the report of the Chief Traffic Officer of the Board—

The Board doth order that the Red Mountain Ry. Co.'s rate for switching cars containing through freight traffic to and from the present point of interchange between the R.M.R. Co.'s and the Columbia and Western Ry. Co.'s track, known as Transfer Junction, and from or to all points reached by the tracks of the R.M.R. Co. on the Black Bear High Line and Low Line; also points west of the junction of the main line and the Lower Black Bear Line, including the White Bear Mine, be fixed at $3.50 per carload, regardless of weight, no extra charge to be made for the haulage of the empty cars in either direction. That the Columbia and Western Ry. Co.'s, or the C.P.R. Co.'s rate for switching cars containing through freight traffic between the said junction and all points reached by the tracks of the Columbia and Western Py. in the town of Rossland, including the War Eagle and Centre Star mines, be fixed at $3.50 per carload, regardless of weight, no extra charge to be made for the haulage of the empty cars in either direction. That the Columbia and Western Ry. Co. and the C.P.R. Co. do forthwith, jointly or severally, pay to the Red Mountain Ry. Co. the excess, if any, of the amount which would be made up by allowing to the R.M.R. Co. the rate fixed by this order for the switching by the said R.M.R. Co. of cars containing through freight between the points mentioned therefor in this order from the time at which the R.M.R. Co. put in force the said tariff C.R.C. no. A. 33 until the coming into force of this order over the amount made up of the sums actually paid by the Columbia and Western Ry. Co. for such service during the said period.