# Record P718773 — King v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386407_0185%3A11 ## Record - **Collection:** Supreme Court brief - **Document type:** Record P718773 - **Published:** January 1, 1953 - **Citation:** 344 U.S. 254 ## Text ete A A 8 [fol. 1052]. Page three shows that, of the 18,900 cars loaded to less than the minimum weight, 113320, averaging 36,769 - pornds, moved during the first period’ when the minimum weight was 40,000-pounds and 7,580, loaded to an average of 40,194 pounds, moved during the second period_ when the minimum weight was 44,000 pounds. — / - Aceording to page 1, the total tonnage transported during the entire season was 1, 811,711,000 pounds, of which, accord- ing to page three, 720,900,100 pounids, or 39.79 percent was .moved in cars that did not quite come up to the carload © minimum weight. In this connection, sight should not be. lost.of the fact that the reason for.39 and a fraction percent of the tonnage having been loaded to slightly less than the minimum weight was the direct result of the loading opera- tion being performed by labor saving.and expense saving mechanical devices as contrasted with hand labor, by the © ~ use of which, there would haye been no difficulty about getting well in excess of the published minimum weight i in all of the cars. [fol. 1053] It may séem, offhand, ‘that the failure to at ‘18,900 cars in one season quite as heavily as the carload ‘minimum, weights would. penalize the shipper rather seri- ously. To determine whether or. not this was the case, I have prepared and now offer as my Exhibit No. -39(J) a statement of three pages analyzing -the 1948-49 season’s movement from the standpoint of the rate penalty payablé . for the use of mechanical equipment and thus loading a - fraction over 39. percent of the tonnage in cars that carried soméwhat less than the minimum weight. The first page of- . this statement shows the number. of cars loaded to somewhat less than the minimum weight that moved during the first period, i. e., October 26, 1948, to January 31, 1949, inclusive. It also shows the actual weight transported i in these cars in comparison with the ecarload minimum weight and, in the last column, the deficit in weight below the minimum. Page two makes a similar showing as to the miovement during the. second period, i. ¢.; February 1st to March 22, 1949, inclusive. In the upper half of page three I. show, in the first colfimn, the total number of cars on-pages. one and two, that is, for — both the first and second periods'of the entire season, loaded — to less than the- minimum weight. In column two have been shown the totals of the weight deficits for the first and sec- 4 719 ond periods shown in the last columins on pages one and two. Because all rates are Stated in cents per net ton, column: ' three converts the figures i in column two into units of net tons. The raté to Clewiston at time of movement is shown, in ¢olumn four and in. the next column'-are shown. the penalties. in dollars for failure to. load to the minimum, [ fol. 1054] divided among each of the origins. The total for the season, it will be noted, was $14,740.26 From the last column it will be observed that, stated in cents per car, this was an average penalty of 78 cents for the movement as a whole, or rather for only that part of the movement that was loaded to less than the minimum weight. The penalties so applicable on the cane from the respective shipping points ‘ranged from zero‘at Shawnee and an average of 34 cents per car at Ritta to 99 cents per car at Runyon. Please bear in mind that these average penalties per car were not pred- icated upon the entire movement of 42,907.cars, but only upon the 18,900 cars that were loaded to less thafi the mini- “mum weight. Had‘all of the cars in the movement been di-. _ vided into the penalty charge it follows’ that the average per car penalties would have heen Jess than half of the. figures shown. cae, The bottom half of page three is seniine to the. top half except that, whereas the top-half shows the fotal and aver- age penalty payments actually due on basis of the rates and * mMimum weights in effect during the 1948-49 season, which ates as previously explained do not inelude inereases under either Ex Parte 148, Ex Parte-162 or Ex Parte 166, the hot- tom half shows what the penalties would have been on tte same movement had the rates proposed by the railroads,- i. e., the rates in the upper half of the page, increased 15 percént under Ex Parte 162 and, further inerensed: 25 per- -eent under -Ex Parte 166, been in effect. It will be observed. - that on this basis the total penalty per car on the ears loaded _[fol. 1055] to less than the minimum w efght would have heen only $1.13. I think the. information contained i in’ Exhibits 36(G) to 39(.), inclusive, should enable the Commission to detérmine whether.or-not the present earload minimam weights are too’ high, but 1 Think that these and* ‘other exhibits which T have . filed, or will file, should also erable the Commission to de- / termine whether, in the event it should be decided that some a: j minimum charges in effeet during the 1948-49 seasoh and : - Boies : reduction in the carload minimum w einht 1 is in order, there ought ta be a compensating increase in the rates...In my out- ¥ line dealing with the historical background of these rates I - have shown that on nwinerous occasions when the Sugar Company besought the railroads to reduce the minimum weight the railroads indicated a willir gness to do this pro- vided the Sugar Corporation would agree to a compensat- ing rate increase, thus preserving the per-car revenue'which _ has always been considered by the railroads as being on an ° extremely depressed basis. 7 [fol. 1056] In order that a better idea may. be had-as ‘to just what carload minimum revenné is applicable: and has been applieable on this traffic in the eight harvest seasons © since publication of the tariff of net transit rates filed with the Fl@rida Commission, I offer as my Exhibit No. 40(K) a statement of one page showing in chronological order the carton minimum charges applicable to Clewiston from all & “of the origins from w hich cane was shipped to Clewiston during the 1948-49 season. My Exhibit No. 33(D) is a chronological statement’ of the rates and my Exhibif No. 35(F) is a chronological state- ment of the carload minimum weights. Exhibit No! 40(K) is the product of the two, the changes ‘ini carload minimum charges having resulted in some cases from a change in the rates and in others from.a change in the minimum weights. An examination of the exhibit will disclose that the carload still in effect range between the absurdly low figures of $6.00 -and $12.10 per ear.” They are actually lower, bdécause the rates are the same but the ecarload ge pea weights are lower, than made effective for the 1941-42 seaton as result of the compromise made with the President of the Sugar Cor- poration at the November 17, 1941, conference, The-figures at the foot of the page show what the carload minimum charges would he: if the present rates were in- creased under Ex Parte 162 and Ex Parte 166 as proposed bv the railroads. Even on this basis railroads would earn [ fol. 1057] during the first period of the season amounts ranging from only $8.80 to $15.80 per minimum car of 40,000 | i ,pounds and,! during: the second period, amounts ranging . from only $9.68 to $17.38 per minimum ear of 44,000 pounds. Even the e: arload minimum charge published in Rule 13 of _ 721 Consolidated. Classification, Agent R. FE. Boyle’s IC No. 106, is $25.00 per-ear, including Ex Parte 162 and 156 in- creases, and it is subject to the Ex Parte 168 interim inerease of 6 percent. That minimums ¢harge, however, does not ‘apply on sugar cane. [fol. 1058] Having shown in my Exhibit No. 40(K) the minimum per car charges. in effect during .the 1948-1949 harvest season in comparison with the minimum per éar_ charges proposed for application in future harvest seasons, ‘T think it would now be well! to show the freight. revenue on the actual movement ‘during the 1948-49 harvest season ‘on basis of the rates then‘and now in‘effect compared with | what the revenue would have been had those rates heen re- vised to-inchide-the Ex-Parte 162 and Ex Parte 166 in- | _ creases, i. e., the rates we are now proposing. This infor- mation is set forth in the statement.of one page now offered as my Exhibit No: 41(X). It shows the actual movemegpt for the 1948-49 season divided according to origins. The ton- nage shown in the first column, oppovite each origin, rep- resents the total weight of cane in all of the ears shipped except that if in any case the actual loadirig was less than the carload minimum weight. then the carioad minimum weight for that carload rather than its: actual weight has - been. included in the total. The statement shows the present rates from each of the origins fo Clewiston and the revenue arrived at by applying those rates to the tonnage. In the last ‘block have been shown the proposed rates, that is, the present rates plus Ex Parte 162 and Ex Parte 166 -increases, and revenue ‘resulting from application.of such rates to the tonnage. It will be.noted that the applicable revenue on last séa-. son’s movement of 938,565 tons was $412,646.82, an average ‘transportation charge. of just under 44 cents per ton. Had — the rates tn effect last season included the Ex Parte 162 and Ex Parte 166 increases the applicable revenue would have been $595,713.18, an average of just under 631% cents per ton. In other-words, on:this movement of 938,565 tons the, Atlantic Coast Line Railroad and Florida East Coast. Railway were deprived of $183,066.36 by. reason of the, Florida Commission, denying authority to dhe cs these Ex : Parte increases. {fol. 1059] - I now offer as my Exhibit N 0. 42(L), al state- — 722 - : - ment showing the mileage seiles of rates on sugar cane pre-. scribed by thé Florida Railroad Commission many years ago and now published in the intrastate local tariffs of the ‘Atlantic Coast Line Railroad and Florida East Coast Rail- way. These are the rates that would apply in the absence of. - the net transit rates:on sugar cane under consideration in these proceedings. The scales shown’in Exhibit No. 42(L) would apply, however, only on traffic from Atlantic Coast Line Railroad stations. On traffic from Florida East Coast Railway stations the rates would be predicated on full com- binations of these scales for the respective distances of the Florida East Coast Railway to Lake Harbor and of .the . Atlantic Coast Line beyond. I should also like to remind you that even these rates, although. considerably higher than our net transit rates, have not yet been inereased under Ex Parte 148, Ex Parte 162 or Ex-Parte-166, but are the same. rates as were in effect back in 1938, [ fol. 1060] Since aecurate comparisons with the ‘netoul rates to Clewiston, atiout half of which are for joint hauls, cannot be made by reference to single line scales as shown - in Exhibit No. 42(L), I now offer as my Exhibit No. 43(M) a statement showing what the actual rates from the Flevida shipping points to Clewiston would be on basis of Be ale age. scale shown in- Exhibit No.-42(L) from Coast Line -stations and on basis of combinations thereof from Florida. Fast Coast Railway, stations. -These rates also do not in- clude and are not subject to-any of the increases made under Ex Parte 148, Ex Parte 162 or Ex Parte 166. However, it will be seen that from all Coast Line stations the rate pre- — scribed by the Florida Commission, which. w ould be ap- ‘ plicable in the absence of the net transit rates here under study, would be 71 cents per ton as cempared with present rate of 30 cents and proposed rate of 44 cents from tlfe nearby Coast Line stations and present rate of 40 cents and © proposed rate of 58 cents from the most distant Coast Line _ stations. From the nearer Florida East Coast stations, the ° rate prescribed by the Florida Commission is 128 cents per. ton as compared with present rate of 35 cents and proposed rate of 50 cents, while fromi Canal Point the Florida Com- . mission’s prescribed rate is 13814 6 cents as ‘compared with ' present rate of 55 cents and proposed rate of 79 cents. Bear — tn mind that, as shown by the note on Exhibit 42(1.), the - K 723 | rates so Axed by the Florida Commission are vot Jocal rates in the ordinary sense, but are themselves in the nature of transit rates and applicable only when. the product of the cane is shipped from Clewiston via Atlantic Coast Line Rail- road. If the sugar produced from the inbound cane is not shipped out via ACL the rates just named are doubled, rarig- ing from 142 cents per ton from Coast Line stations to 277% - cents per ton from Canal Point on the Florida Fast Coast Railway. — [fol. 1061] I think, aousdienatl the best. standard Me ‘. which to judge the reasonableness of the ‘rates and per-— car revenues on sugar cane from South Florida points to - Glewiston is to compare them with the rates and revénues on sugar cane which moves from producing points to sugar ‘mills in the long established cane sugar producing State of ‘Louisiana. For many years there has been a heavy move- ment of cane from Lonisiana fields to mills. The Louisiana Public Service Commission has prescribed maximum scales of rates on this: movement; .one ‘seale for application only when the entire product of the eane is reshipped via roads handling the cane to the mill and another for application when the entire product of the cane is not reshipped via roads. handling the eane to the mill. The latter is exaetly double the former. These are single line seales, the Louisi- ana Commission having required that on joint haul move- ments full combinations of the scales for the distances’ to and beyond the junction points be applied without the. usual 10 pereent deduction from the separate factors. The scales SO prescribed are subject to carload minimum’ weight of 30,000 poundr , ; ' Several years ago, the cane originating ae in Louisi- ana. vohintarily established for distances of 20 miles and. less a iower scale. of rates but subject to carload mininum weight of 50,000 pounds. This scale. was-atso applicable only in the event of \reshipment of the entire product of . the cane’ via the road liauling cane into the mill. In keep- ing with the Louisiana Commission’s prescribed basis, the ‘Louisiana roads also.jpublished a corresponding mileage seale, made 200 percent of ‘that just mentioned, for applica- [fol. 1062] tion ~vhen the entire product of the cane was not shipped via roads jhandling.cane into the mill. These voluntarily reduc "ed rates, subject to the 50,000-pound mini- ‘ 724 -Inum, were considered extremely. low and the Louisiana “roads ‘were not willing to make them effective unless. sub- ject to expiration date. They were continued in effect for the same carload minimum weights as those in Lonisiana, “ 5 several years, but bécause they were.so low the Louisiana roads determined last season. that they coufd-not afford to extehd the expiration date and, therefore, the rates were allowed to:expire with Mareh : 31, 1949, 85 My Exhibit: Noi 44(N) is a comparison of the presefit séale ‘of rates, °earload minimum weight 30,000 pounds, rates for distances of.20 miles and dpgs, carload minimum weight 50,000.péunds, which expired last,March. IT call’ ° your. attention to the fact that even the rates, subject to minimum weight of 30,000 pounds, preseribed by the Louisi- ana Commission were considered so.low, and the railroads were.so dissatisfied therewith, that they were published under protest and snbject to the reservation quoted in Note ‘‘A’’ of the exhibit. The Louisiana rates. preséribed by the Commission, and also. those formerly maintained by the railroads was a temporary measure, included Ex Parte prescribed by 78 Louisiana, Commission for distances of. 100 miles and less with the formerly ‘a pplicable scale of 162 and Ex Parte 166 ine reases: as authorized by.the Louisi-- ana Commission. - ¥ [fol. 1068]. Because the mileage sate applicahle on sugar cane moving to Clewiston applies for both single line move- ments from ‘Atlantic.Coast Line Railroad origins and joint line movements from Flarida East Coast Railway origins, while the Louisiana mileage scales shown on Exhibit No. 44(N) apply or applied for single line movements only, combination being applicable’ for” ‘joint line movements, I have shown on Exhibit No. 45(O) the actual rates from the Florida: producing points to (tewisten in comparison with what the rates would be if predicated first; on the basis prescribed by the Louisiana Commission and second, on the, basis formerly maintained temporarily by the Louisi- ana roads. The first page shows” the presenieget transit 4 1e second. rates from Florida points to Clewiston, while | page shows the proposed net transit rates, iie., the present rates as increased in‘line with proposals made by the rail- roads under. Ex Parte 162 and Ex Parte 166. For the reason that the Florida rates are not subject ‘to * 4 | bel ¢ even this confparison of rates, in cents per ton, does not ac- eurately reflect the differences between the two bases. “Therefore, in addition to showing tlie rates therhselves, _the exhibit compares the minimum per-car revenues re- sulting from the’ present and propesed rates in Florida with, what the minimum per-car revenues would be if the bases of rates and*miyimum weights applicable ain Louisi- ana prior to March 31, 1949, were nude-effective in Florida. Ini other words, for the purpose of this comparison, we are giving the shippers the benefit of the alternation of the former’ temporary. Louisiana ‘basis, minimum weight 90,-— [fol. 1064] 000 pounds, with the present Louisiana Com-_ mission. prescribed, basis, ahinimum weight 30,000 pounds. - Since the carload minimum weight in Florida is 40,000 pounds during the first part of the seasornand 44,000 pounds during the latter part and since the ‘Sugar Corporation seeks minimum weights of 36,000 pounds and 38,000 pounds in lieu thereof, the exhibit compares for the first half of the season the freight charges under the Florida basis: and under the Louisiana hasis on a car of 40,000 pounds and - also on a‘ ear of 36,000 pounds. For the second half of the ‘season it compares the Florida and Louisiana charges on a car of 44,000 pounds and on a ear of 38,000 pounds. Since — the Florida minima are 40,000 pounds .and ‘44,000 pounds, respectively, the revenue shewn on the exhibit for a 36,000- pound car is based on minimum weight of 40,000 pounds. and the revenue for’a 38,000-pound ear is based on mini- mum weight of 44,000 pounds. The revenues resulting from the Louisfana basis are in some cases’ the same for a care i af 36,000: pounds as for a car of 40,000.pounds, while iw \ other cases, due to the alternation of the former rates sub-:,~ ject to minimum of 50,000 pounds, with the rates subject.” to 30,000 pounds, there are slight differences. gil 4 It will be noted the charge for transporting a car of either 36,000, 38,000; 40,000 or 44,000 pounds from the first three stations on the exhibit. to Clewiston would be $26.25 - if the. basis formerly in effect in Louisiana were made ap- plicable in Florida. In comparison, on the present basis of rates in Florida, the shippers actually pay during the first half of the season only $7.00 on shipments from Miami Locks No. 1 and Miami-Locks No. 2 and only $8.00 on ship- -[fol. 1065] ments from South Shore. During the second ~ €-: * 726 half of the season they pay only $7.79 on shipments from the first two origins and $8.80 on shipments from. the third origin as compared ‘with $26.25 on the Louisiana basis. Even if the rates now. proposed by the Florida Railroads should be used, the comparison, as show at the top of page two of the exhibit, would be Florida charges ranging from $10.00 to $12.76 per car-as compared with $26.25 per car on the Louisiana basis. The exhibit speaks for itself and I think it is urmecessary to comment further upon the com- parisons, [fol. 1066] However, having show n what the comparisons ‘would be on basis of the rates formerly in effect in Louisi- ana, but which have now expired by limitation, Ithink the Commission should know what the «comparisons would be if Florida rates should be" thade on basis of the mileage seale applicable in Louisiana? since expiration of the rates formerly maintained by the Louisiana roads on a voluntary * and temporary basis. Such comparisons, set up in the same form, are contained i in. Exhibit No. 46 (P), tlie present rates ‘and minimum per-car charges being shown on page cne and the proposed Florida rates and minimum per-car charges on page two. Qf course, the comparisons in this exhibit are.even more fa¥orable to the present and-proposed Florida bases than those in. Exhibit 45(O) predicated on the lower basis that was formerly applicable in Louisiana. ° In order that the Commission may better appreciate and evaluate the significance of the foregoing. comparisons, it. would be well to explain at this point that the transporta- tion characteristics of the Louisiana cane are not greatly . different in most respects from those of Florida cane.” In -. “ certain respects, the incidents of. transportation of the. «Florida cane are somewhat more favorable, while in others the incidents of transportation of the Louisiana cane are more favorable, so it is probable that substantially a balance can be struck, ‘thus rendering the comparisons extremely significant. In the first place, the Louisiana care probably dase not “move in quite as great volume, certainly to any one mill, [fol. 1067] as the Florida cane but. the Louisiana movement nevertheless is quite substantial. ..For example, in the | 1948-49 season the Southern Pacific alone transported more than 5, 000: cars of cane to mill points on its line. Be pe aor 727. The Louisiana movement is entirély in railroad cars, while the Florida movement is in cars owned by the industry. However, inasmuch as the railroads pay the United States Sugar Corporation an agreed inileage aliowance for the use’of its cars there is, as a practical matter, no substantial difference between the Florida and the Louisiana situations inthis respect. .. . ; nae ‘The averageténeth of haul in Louisiana is substantially same as in/#*lorida. The average haul of the Southern Pacifie (T Florida hauls range from 2 miles to.29 miles. The-average loading in Louisiana is greater than in Florida. The 1948-1949 season’s movement of the Southern Pacific, which is the most important of the Louisiana cane hauling roads, averaged 48,200 pounds per car. In the previous season it was 51,600 pounds. Ss In Louisiana, as in Florida, the loading of the wagons or trucks in the fields is performed in practically all instances by mechanical devises. Generally the device is a mechanical ‘grabber’? which is simply a tractor-bourne field derrick operating something like a. dragline. The cane is then hauled to A-frame loader derricks which transfer it from the wagons into the cars. Field trucks are loaded by hand only on the very small plantations and the proportion of the Louisiana cane movement originating on these farms is negligible. eee tees : @Most of the sugar factories in Louisiana receiving cane by rail have their own power and switch the cars between . [fol..1068] the interchange track of the railroad on the one hand, and the points of unloading in the mill property, on _the’ other hand. In such cases, the railroads perform no ‘special switching service, but merely “place the trains of cars laaded with éane on the interchange track from which they are taken by the mill engines. Likewise, the mill engines place the empty cars on the same or, in some cases, a different interchange track where the railroad engines are coupled to them for movement to loading ‘stations. - Among the mills so performing their own switehing service are the Raceland Mill of Godchaux Sugers, Inc., at Godehaux, the Sterling Mill of Sterling Sugars, Inc., Franklin, La., the ~ 47—444 NO) is:slightly over 20 miles, while the hauls of , the Missouri: Pacific range from 2 miles to 39 miles. The hades - 733 [fol. 1076] 27 percent to 62 percent of the Louisians charges, the Florida shippers obtain 145 percent of the value of transportation service that the Louisiana shippers obtain and adds to the significance of comparisons. of - Florida with Louisiane cane rates.* ; mon. _ It is unnecessary to deal at length with the comparisons shown on the other three pages. of the exhibit but I should mention that, arriving at the results.in the same way, we find from page 2 that for the last half of the season, the Florida ‘shippers-obtain 158.5 percent as much value of transportation service as the Louisiana shippers although’ the charges they ‘pay range from only 29.8 percent to 68.2 percent of the Louisiana charges. Bear in mind that this is based on the average weight of only those cars that were loaded to less than the minimum weight of 44,000 pounds in the second half of the 1948-49 season, as shown on page 3 of Exhibit No. 38 (1). ) ne Pages 3 and 4 of Exhibit 49 (S) show that; even on basis of the proposed Florida rates, including Ex-Parte 162 and Ex Parte 166 increases, the Florida charges during the first part of the season wonid range from only 38.8 percent to 89.9 percent of the Louisiana charges and that during the second part of the season they range from only 42.6 percent to 99 percent of the Louisiana charges for services that are worth 145.3 percent and 158.5 percent, respectively, of the Louisiana services. - is TL IST [fol.-1077] As stated, the comparisons made in Exhibit No. 49 (S) are with what rates and charges would be if predicated on. thé present basis of rates in Louisiana. In | order that the picture may be complete, I show on the statement of one page, identified. as ‘Exhibit No. 50 (T), a comparison of the present and proposed Florida rates with what the rates would be if predicated on the. temporary - rates that were formerly in effect in “Louisiana, but which expired Mareh ‘31, 1949. I have shown -revenue at the -Louisiana basis of rates on tte average weight of 48,200. , pounds, to which all cars moving over the Southern Pacific - to Louisiana mills were loaded during the 1948-1949 season ~ but, inasmuch as the rates were subject to minimum weight of 50,000 pounds, that weiglit has been used in computing the per car charges. In ¢omparison the Florida charges are: 734 | at the average loading of 43,817. pounds obtained during the second part-of the 1948-49 season when the minimum weight was 44,000 pounds. Per ear revenues on the 43,817 -pounds are computed at the minimum weight of 44,000 pounds.- The exhibit. shows: that .from Canal Point the Sugar’Corporation now pays $12.10 for moving the average ear of 43,817 pounds to Clewiston, but that if the basis of rates and minimum weights fOherly in effect in Louisiana | were ‘observed in Florida it would pay. $36.25 for moying ss ‘ an average car of 48,200 pounds. In other words, a .by the first column ‘under the last block of figures, _the 33.4 percent of what the- Louisiana charge would be on 48,200 pounds. As shown by the last column, even the proposed Florida charge for 43,817 pounds is only 47.9. percent of the former Louisiana charge for 48,200 pounds. [fol. 1078] | As illustrated by Exhibit No. 48 (Q), the average sugar producing value of .Florida ¢ane is 118.31 ‘present Florida charge on a ear of 43,817 potinds is only. percent of Louisiana cane. Therefore, as shown just under . _ the rate and revenué tables in Exhibit No. 50 (T), 48,817 pounds of Florida cane is equivalent in sugar producing value to 51,840 pounds.of Louisiana cane. Actually, there- fore, the sugar content of the average car of 48,200 pounds of Louisiana cane is 7.6 percent less than the sugar content: of the average care of 43,817 pounds of Florida cane. Con- - Sequently, the percentages that the Florida charges, shown - in last two columns, are-of‘charges on the Louisiana basis, f eos; : ° ‘ ‘ : eis although; reflecting transportation of 3,232 more pounds -— - of cane, actually reflect transportation of about.71% percent — less sugar in the form of cane than do the Florida charges. [fol. 1079] Very few commodities have value and other: - transportation characteristics ‘sufficiéntly* similar to the sugar cane moving to Clewiston for rate and revenue com- parisons thereon to afford,a fair index of the reasonable- ness of the rates on sugarcane. Howéver, since a great deal of sugar is. produced from sugar beets in several of dur . western. states, I think it is appropriate that we see how - the Florida sugar. cane rates and revenues compare with | the rates and revenues on the sugar beets. On the first page of niyOdxhibit No. 51 (U), two pages, are shown the present and proposed scale of rates on sugar 4 . nee phere EO paras 8 ~ 735 cane from Florida’ points to Clewiston, This seale has single line applieation from Coast Line stations and. joint line application from Florida Kast Coast stations. In com- parison are shown \the single-line scales of rates on Sugar beets in the nitie most important beet sugar producing states in the couritry. The present rates on sugar cane do not include any of the Ex Parte increases, while the proposed rates are the ‘present rates, plus 15 per cent under -“Ex Parte 162 and 25 percent under Ex Parte 166. The rates on sugar beets shown in the-exhibit include such - increases under Ex Parte 162 >and Ex Parte 166 as have been permitted by the respective state commissions. The nine states in which rates on sugar beets are shown have been arranged in the exhibit in the order of their importance from the standpoint of production of beet sugar. In the year 1942 there were nine factories in California: producing 2,332,000 tons, in Colorado theré were sixteen factories producing 2 178,000 tons, in Michigan there -[fol. 1080] were ten factories producing 1,098,000 tons, in —— -Idaho eight factories producing 1,076,006 tons, in Nebraska seven factories producing 916,000 tons, in Montana’ five factories producing 915,000 tons, in Ohio seven factories producing 895,000 tons, in Utah seven factories producing, 572,000 toris and in Wyoming nine factories producing 447,- 000 tons. There is some movement of surar beets in a few other western states, but comparatively the movement is light and does not warrant inclusion of. those states. in the: exhibit. rf Largely because of the ease with which they may be, loaded sugar beets previde quite attractive tonnage for the motor trucks and the railroad rates applicable thereon in the western states shown in the exhibit are generally very much lower’ than they would be were it not for drastic reductions. that have been made in an effort to meet motor truck competition. For example, the .rates applicable in Michigan and on interstate traffic between Ohio points, Interstate C ommerce Commission during 1924 in IC€ Docket No. 14881 (91 ICC 677) on intrastate traffic in Ohio and Michigan and.on intérstate traffic between Ohio points, on the one hand, and Michigan points, .on the other hand, but for distances of 45 miles -and less are from 2 22 to 25 cents ? . OB! Re ee and for distances from 45 miles to 75 miles are in-some cases 31 cents and in others 32 cents per ton less than the rates so fixed by the Interstate Commerce Commission: The rates ‘in several other states also have been: held -down by motor truck competifion. In addition, because of efforts on the part of the railroads serving the beet sugar mills to assist [fol. 1081] those mills in meeting competition with cane sugar, some of the rates on sugar beets are lower than they would otherwise be. For example, the California Seale was’ cut back during 1922 by dropping entirely the Ex Parte 174 increase of 25 percent made Augast 26, 1920, the purpose being an effort to assist the beet sugar operators who were in distress due to cane sugar competition. Incidentally, the_ - California scale is not published in the tariffs as a mileage scale but is an unpublished seale in cents per 100 pounds observed in the establishment of such single line ‘point-to- point Commodity rates as have been established. ‘Similar , conditions during 1930 caused the California roads to drop the 25,percent increase that had been made effective June 25, 1918, for: hauls in excess of 150 miles. Therefore, in comparing sugar cane rates, with the rates on sugar beets, it may fairly, be said that we are comparing them with ‘rates that have been held'to a subnormal basis’ by rfason of motor truck competition and competitive conditions in the industry. a A rie : Also I think it should be made clear that a comparison _ of the rates on sugar cane and sugar beets is not entirely fair to the railroads handling.cane for the reason that sugar. beets load’so much gnore heavily than cane, For example, the average loading of California sugar beets moving via ‘Southern Pacific, which serves eight of the nine beet sugar mills in, that state, approximates 75,000 pounds per ear, the beets generally moving in blocks, of 20 to 25-ears.- 'Phe average loading of the 15,924 ears which. the Northern Pacific. Railway moved to the mills at Sidney, Billings, and Missoula, Mont., East Grand Forks, Minn., and Toppenish, [fol. 1082} Wash., in 1946, was (100,000 pounds. The aver- age loading of the 6,922 cars handied by the Union Pacific Railroad intrastate in-‘Utah during the 1946-47 season was 91,440 pounds. Sugar beets are generally moved in stand- ard gondola cars, some of which are equipped with tempo- Ou 737. rary racks to heighten the cars and increase their bulk loading capacity. Sorby I think the rates théniselves, or most of them shown on the first page of my Exhibit’No o. 51 (U), te me 4o illustrate quite forcibly the. reasonableness of not only’ the present but the proposed rates on sugar cane from Florida points to Clewiston. However, from what I- have just said it can - be readily appreciated that a true comparison of the charges on sugar cane and sugar beets cannot be obtained’ from a simple comparison of the rates. . : ; Therefore, the second page of the exhibit: compares the present and proposed minimum ‘per-car revenue on sugar | cane from Plorida points to. Clewiston. with the present minimum per-car earnings ‘on ‘sugar beets in the ‘states. —named-on the first page and shown in the same order. In Nebraska, Montana and Utab, the earload minimum weight. governing the rates shown on Page one of the exhibit is ‘marked capacity of ecar.’’ In such eases, I have very ‘conservatively used weight of 90 000 pounds to state the minimum per-car earnings on page two. It is quite certain that- the marked eapacity of the average ear would be at least that great since, as already stated, the av erage loading in Utah is 91,440 pounds. and in Montana it is 100,000 pounds. In. Wyonting the published minimum weight is 80,000 pounds and in California it is 60,000 pounds. In [fol. 1083} Colorado, Michigan and Ohio it is 40,000 pounds and in Idaho only 24,000 pounds. However, the pubjished ‘minimum weight of 24,000 pounds is of little significance, “certainly for the short hauls, since the ie ag are speci-’ -ficially subject to minimum of $20.00 per ca In Colorado, where the published minimum weight is 40,000 pounds, the _eharges are subject to minimum of $24.00 per car and in Michigan and Ohio where the published minimum weight js 40,000 pounds, the charges are subject. to: minimum of . $20.55 per car. The rates on sugarscane to Clewiston are ‘not subject t to any minimum fer ear charge and where. the” ‘rate is 30-cents-per ton and the published minimum weight is 40,00 pounds the resuiting charge of $6.00 is all we get for hauling the car from origin to Clewiston. I think that — with the foregoing explanation the comparisons on the lower half of this exhibit speak for themselves. [fol. 1084] As is well known, ther¢ are two kinds of transit _ arrangements. Qne is the:through rate plan of transit and the other is transit under a system of net transit rates. Under the through rate plan of transit, the raw material is moved from ‘origin into the point at which it is stored, - milled, mixed, fabricated, cleaned ‘or put through some other manufacturing process and ordinarily the local rate is applied on the inbound movement just as it would be applied on.any other movement not accorded transit ar- rangement, but as‘to which the originally billed. destination _ ds the final destination. Upon reshipment of. the- finished _ product from the transit point, charges are readjusted to basis’of the through rate on the finished product from the origin. of the raw material through the transit point’ to - the ultimate destination; plus a-specified charge known as. _ a transit charge. The purpose of the transit charge is to compensate the railroads for keeping the records and per- forming other services incidert to the operation of. tlie ‘ transit arrangement. - ie | The other kind of transit arrangement‘is the net transit rate plan.. Rates known as net transit rates, and generally a good deal lower than rates applicable on ordinary local * movements where the inbound-haul is not tied in with-the outbound haut of the finished product; are’establisled fron». origins of the raw material to: the transit point. When the raw material moves into the transit point the local rate, — not the. net transit: rate,“fs asséssed but wilieii the prodnét ~~ _ of the raw material is shipped from the transit point the - charge paid on the inbound mevement of raw material at’: the local rate is’ readjusted and cut back to the lower net transit rate. In this kind of transit arrangement there is no transit charge such as is paid under the through rate plan of transit. es oe ; [fol. 1085] In some casés, the transit user prefers to pay ‘the net transit rate, rather than the regular loeal rate, on the inbound raw material in the initial instance and then have the inbound charge readjusted upwardly to basis of the higher local rate in the event the product of the inbound | raw ‘material is not shipped by rail as required by the tariff. When this is desired by the transit operator, the privilege is usually granted by the railroad but, because of ‘exhibit. [fol 16864. By. reference to my Exhibit No. 40. (K), it wil ..be recalled that under the present net transit rates on suga 739 credit requirements in the law, it is necessary in such cases, and is so required by the Interstate Commerce Commission’s rules, that provision be made in the tariff containing the net transit rates that in order to pay on basis of such net transit, or proportional, rates in the initial instance a surety bond be filed by the transit operator with the railroad guar anteeing payment of “the higher inbound local rate in the event the terms of the transit rangement should not be complied with and the preduct of the inbound raw material should net’ be reshipped,. by the railroad -that rash in the raw material. —— ——-—» — ——-—+——— traffic from the rail carriers‘to motor common carriers, contract carriers and private carriers. The State High- way Department maintains nine and one half thousand miles of paved highway within the State over which traf- [fol. 1100] fie of practically all kinds moves by truck; in fact, trucks are now handling intrastate citrus fruits, vege- tables, petroleum products, lumber, fertilizer, logs and many other commodities in volume that: formerly moved by rail. Truek transportation, in fact, ts not only more expeditious, but in most. cases cheaper and espetially* so when consideration is. given to the fact that a truck. haul is necessary from the point of origin to the rail head and from the destination termina! to its final destination, Ob- _ viously, any increase in the presently effective intrastate rates will only result in further. diversions: from the rail carriers. Q. ‘What have you to say with respect to the lower half of this exhibit which deals with passenger. traffic? A.. The lower half of the exhibit shows that while the system revenue of the three roads increased 78% and the revenues within the State of Florida: increased 58%, ‘the intrastate passenger revenue declined: 39. 2%. (). What conclusion do you draw from this showing? A. This showing indicates to me very clearly that the % s) . 749 reduction in passenger revenue has been dte to increased é rates, fares and charges and to diversions of passengers. to cammon carrier buses, automobiles, airplanes and to private cars. It further indicates to me that the intrastate . travelers prefer other modes of fansportation to that of the rail carriers and under present conditions it would ap- pear that the carriers’ program’ of building better road [ fol. 1107]. beds, instaJling heavier steel, operating faster ‘and more luxurious trains is ngt warranted by the volume, of intrastate passengers which they can hope to attrac ‘to utilize rail service because, despite the improvements in rail transportation since 1928 there has heen a marked ‘decline in the revenues from intrastate as beta) In my opinion the carriers should concentrate on safety, depend- | ability and comfort rather than upon the luxuriousness of the cars and the speed with which they are operated he- cause under aio conditions where speed is a factor can the rail lines hope to compete with airplanes. In fact, they cannot hope in Florida to compete with private ears be- tween almost all important centers. : Q. What is your next exhibit? © A: My next Exhibit, No. 63, is a statement comparing thecombined net railway operating income of the Atlantic Coast Line, Seabvard. Air Line and Florida East Coast ’ Railway, system and State of Florida, with the Southern Regien, for :the years indicated and separating this net railway Aperating income between freight service, pas- ‘senger 4ervicp ayll unassigned services. I was not able to abtain this mformation for the Southern Region for.the vear 1948. ae . Bs This exhibit shows, that for the years “1944. and: 1945 the Southern ‘Region, the three Florida lines and the op- erations in Florida all showed a net railway operating -ineome from passenger service; that subsequent to that period only the three. Flortda lines system operations ffol. 1102] showed a net railway @perating, income; that for 1947 and 1948 the system and Florida passenger deficits were both in excess of 50% of the.credit from freight op- orations® A comparison‘of the net railway operating in- come 1947 to 1944. shoas that while the: Southern Region freight net railway operating income increased 39.40%, the a 750 eee oe | operations’ of the three railroads increased 32.41%; baie: as, the operations within the State of: Florida increased This exhibit tends to show that no increases are Bees: sary for the three railroads operating within, the State of Florida either for the system-as a whole or for Florida operations if passenger business is placed on a paying . basis; and that the loss from passenger revenue is the . real reason the carriers are seeking additional increases in freight revenue. Q. What is your next xhibittik A. My next Exhibit, ‘No. 64, shows for the years 1936 to 1947 inclusive, and for the three roads and for the Southern Region the net railway operating income sepa- - rated between freight, passenger and unassigned services. Q. Why did you start _ the } year 1936 in this state- ment? . ! A.. pecanse that -is as far back as-our annual reports | show a separation of net railway operating i ingome between freight service and passenger service. This exhibit shows that the freight net railway operat- ing income for the ealendar year 1948. was the seeond [fol. 1103] highest earned during the entire period and that with the exception of. the War years 1942, 1943 and - 1944 it was greater than the combined freight and pas- senger income for any of.the other years: Thisg statement further shows that if it were rot for the CD losses | the railroads would : not be in \ need of any additional reve- nue whatever. Q. What is your next exhibit? A. My next Exhibit, No. 65, is a statement comparing the actual freight revenue, passenger. revenue, total reve- . nue, operating expenses, net railway operating revenue and net railway operating income with the amounts which would be produced ‘by expanding the revenues for the: ‘three months ended March 31st, six months. ended June 80th and nine. months ended September 30th, 1948, on the ratios which each of those quarters bore to the year based. upon the weighted average for the twenty years ended 1947. ‘ ; ; “ 751 Q. What do you mean by the term ‘‘expanded .to yearly - basis combined’’? A. That means that I have simply taken the three rail- ‘roads and treated them as a unit and expanded their op- erations on the theory that they were a combined railroad. Q. What do. you mean “expanded on a P yearly basis. in- dividual’’? : A. That means that I have expanded the operations of each railroad separately and combined the separate re- -[fol. 1104] sults. : Rete € Q. What do the results of your expansions show? fire’ * They show that with respect to the\freight revenue my estimate on the three months basi wfis aliout $3,000,- 000.00 short; on a six months basis was/practieally in ac- cord with the actual; and on-a nine thonths basis was a little over $2,000,000.00 in excess of the actual. With respect to the passenger revenue the estimate based _ upon the first three months ratio was about $2,500;000.00 y. in excess, of the year’s actual figures ; whereas, for the six: months ‘and nine months periods the estimates were less than’ $200,000.00. difference. With respect to. the total revenues the estimates for the first three months and first six months were very close to the ¢ ete al refenues for the year, but the estimate on the nine ménths basis was about, $2,700,000.00 in excess of the actual. : ' With respect to operating expenses my estimates. in eaéh ease exceeded the actual expenditures by from #2,- 500,000.00 to $4,500, 000.00. My estimates. for net railway operating revenues were from £1,900,000.00 to $4,300, 000.00 less than actual net rail-) ” way operating revenues, while onthe other hand. my net railway operating income Was, from $2,100,000.00 to $3- 700,000.00-in excess of the” actaal. ‘In this. connection I ight say that on the first three months basis I over- ¥ we iated the Atlantie Coast Line’s net railway operating income $4,507,616; that I over-estimated the Florida East . [fol. 1105] Coast Company’s net railway operating in- -eome $715,032; but that I under- ostimated the Seaboard — ‘Air Line’s $1, 492,097. ‘I also over-estimated the Atlantic : . Coast Line and the Florida E ast Coast for the six months ended June 30, 1948, but again snare es Sea- board by about $300,000.00.‘ - ; = 7 . What is the next exhibit you Have ieewatea for in- troduction in this proceeding? A. My next Exhibit, No. 66, is one show ing the invest- merit, net railway operating income and rate of return of. the Florida East Coast Railway Soe for the calen- dar -year 1947. Q. From what source did you secure the investment in railway property used :in tr ansportation service? “A. That was secured from the annual report of “the Florida East Coast Railway Company for the calendar year 1947. It appears on Page 212 under Schedule 211N. Q. From what source did you secure the depreciation and amortizatian reserve? A. That was taken from the annual report of the com- pany ‘for the calendar year 1947, : ; (). The investment in transportation property less re- corded .depreciation and amortizatéon is arrived at by deducting the depreciation and amortization from the in: -vestment, is it not? [fol. 1106] . A. It is. Q. How did you get the apportionment between freight ‘service and passenger, service? A. I took the total maintenance of way and structure expenses and the total maintenance of equipment expenses exclusive of depreciation and amortization for the calendar year 1947. and found that of these expenses 57.246 was freight and the balanecé passenger. , . (). Why did you use only maintenance expenses in pro- rating the investment in property? A. Because in.my opinion the maintenance expenses. ap- plicable to freight ‘and passenger seryice more clearly re- lect the investment of the property applicable to each of the services than do total expenses or any other single factor Q. Please explain your next ite apital. . A.. The working capital represents 9.606% % “of the opér- ating expenses for the calendar year 1947. ; Q. From what source did you secure this 9.606% ? “A. Carriers’ Exhibit No. 1, Page No. 2 2, ¢ ‘olumn 9, in Ex Parte 166 shows the total expenses for 1946 to Have been 753 $6, 357, 415, 175. In 269 ICC 33-47 the working capital in-. ‘eluding material and supplies i is stated to be $610, 712,400. 00, “which amount is 9.606% of the total operating expenses. _ [fol. 1107] I-therefore used this same percentage in making an allowance for working capital for the Florida East Coast. Railway Conipany and applied this percentage to the total operating expenses, to the freight expenses and to the passenger expenses respectively. ; Q. Your rate base consists, does it not; of the investment ‘in transportation property less recorded depreciation and amortization plus working capital? A. It does. Q. \ ‘here did you secure the net railway operating in- come ?. A. That is taken. from the annual report of the: raitw ay. company. Q. The rate of return is a a computed figure, I is it not? A. Et: ie. (). It shows that on. ireight business in 1947 the Florida East Coast had a return of a little over 8%, does it not? - A. It does. rae : Q. Explain vedere figure, net railway operating in... come revised to reflect $1,400, 000.00 excess profit tax refund gg gare to prior period. This $1,400,000.00 excess -profit réfand is simply de- Poet from the recorded net railway operating “income [fol. 1108] because it is applicable to periods prior to 1947. Q. Why did you prepare an exhibit showing the rate of return of the F lorida East Coast Railw ay. only? A. Primarily beeause the Atlantic Coast Line and Sea- board Air Line do not make investment returns and depre- ciation allowaaiges applicable to Florida operations. Aniy attempt to apportion the investment to Florida operations would necessitate rather lengthy investigation and a de- termination of proper factors, for which we have neither the force nor the time available. In addition, it is well known by this Commission and others that. the operations of the Florida East Coast Railway are less favorable in Florida . than are those of-the Atlantic Coast Line or the Seaboard Air Line. "eae ‘es Foor 754. Q. What is the next ‘exhibit which you have prepared ; to offer? A. My next Exhibit, No. 67, is identical with Exhibit No. 66, except that it is for the calendar year 1948. — Q. Was it prepared in the same manner as the previous . ‘exhibit? - : ‘A. It. was. : Q.And what does it show with respect to the freight rate | of return? : A. It shows that the freight service produced a return of 12.35%. Q. Do you think that thie Florida Railroad and Publi¢ Utilities Commission would he entitled to authorize a return on intrastate operations of over 129%? | [fol. 1109] A. No, sir, J do not. Q. Has the Florida Legislature to your knowledge ever passed an ‘Act similar to the - National Transportation Policy?’ A. It has not to my knowledge. : Q. Do you know what the law is in Florida. with respect to imtrastate rafes? fi. be. oee Supreme Court of Florida in 62 Florida 315 held that ‘‘w here the same property, labor and manage- * ment are used at the same time by a common carrier in interstate and intrastate commerce the value of the prop- erty and labor and management used should be properly apportioned in determining the reasonableness of the coni- pensation for service tendered by the carrier in the intra- state business taken separately and as an entirety, or in comnection with the interstate business currently done. , Q. Do you know of any Florida: law which would justify the Florida Railroad and Public Utilties Commission plae- es ing upon the shippers of freight excessive rates in order to compensate for the loss in passenger revenue? A. I do not.- On the contrary, the Supreme Court’ of Florida held (Vol. 63, Page 288) that the remedy of the carriers for insufficient compensation for the rendition of passenger service is an application for an allowance of more remunerative rates. Q. Did the evidence introduced ts the carriers in the proceeding before the Florida Railroad and Public U til- : (985 [fol. 1110] ties Coudhisaion i in Hosket. 1574, which decision is now under attack, ‘introduce any evidenée whatever showing what the intrastate’ inyestnent, operating revenues, operating expenses, taxes, joint facility rents and equip- _ment rentals were?. i A. They did not. | . Q. W ould the evidence filed by ‘the carriers’ in Docket 1574 permit the Flofida Railroad and Public Utilities Com- mission to perform its. duties undér the conditions laid down by the ‘Florida Supreme Court? ? A. It would not. eee ; Q. What is the next exhibit you have to offer? - A. My next Exhibit, No. 68, is one comparing the net railway operating income for the three months ended March 31, 1947, and March 31, 1948,-with the percentage increases or decreases by ‘districts or Pegions with similar infortiation prepared for the Atlantic Coast Line Railroad Company, Florida Kast Coast Railway ‘Company arid Sea- board Air Line Railroad Company for the system and for ' their operations within the State of Florida. Q. Is this exhibit identical with Exhibit No. 59 which you introduced in Docket, al before the Florida 3) mission? . . A. It is. Q.’ What does this exhibit show? . ffol. 1111] A. It -shows that except for the Southern. Region which showed an increase of 84%, the 1948 net railway operating income was from 3.5% to 76.8% less than ia the preceding year and. that for the United States as a ’ whole it was 19.1% ; whereas, the three railroads operating to, from and within F lorida show an increase of 25.9% for the system and 26.6% for the Florida operation. Q. What is your next exhibit? 2 A. My next Exhibit, No. 69, is similar to Exhibit No. 68, except that it is for the six months ended June 30, 1947 and es. ~ Q. What doés this exhibit es ; A. It shows that ail of the regions or districts eae’ the Pocahontas Region and the Northwestern Region of the Western District had a percentage increase in net railWay operating income for the first six months ended June 30, ¥ \ 736 1948; that thé average inerease for the U nied States was : 9.94% +for-the Southern Region was 22 676) : for the three Florida roads as a system was 51% and that the Florida . operations were 59,97, a higher increase than obtained for any district or region. . (. What is your next exhibit? - : A: My next Exhibit, No. 70, is.similar io E oe A. My next Exhibit, No. 71, shows the same information ‘as the previous exhibit except tliat it is for the twelve months ended December: 31, 1947 and 1948. (). What does this exhibit show? : ry It shows that each of the regions ai ad’ distriets and the United States show a. percentage ineréase in net railway operating income in 1948 over 1947 from - crease for the three. Florida roads was 50.7% and for the three Florida roads Florida operations 60.4% (. Do these last four exhibits introduc “ed: by you further confirm your opinion that the agricultural, industrial ane traffic comditions in the Southern Region are ot typical of ~ those’tn the State of Plorida ? A. They most certainly do. - a8 : : 3 | is 757 ffol. 1113! : oa : os ae PROTESTANT'S eSuuner No. 54 . TCC. Docket No. 30140 int = “Statement Showing ‘Tons of Revenue Freight Originated Within Southern Region; and “on System: and Within State of Florida, by the Atlantye Coast Line Railroad, Florida Kast Coust.Railway, and and Seaboard Airline Ruilroad’ Company. | Witness: Pettijobn Percent A.C.L., Percent - ACLS Percent Relation- F.E.C.,. Relation- F.E.C., - Relation- ' Southern: ship to S.ALL. shipto SAL, ship to” - Region 1928. . System, © 1928 Florida 1928 Shs MS (2) (4) ie ae Te ae 1928..... AST .305.858. 100.0000 26.985.160 100°0000) 13,150,724 100.0000 . (19290.....-.. 179,729,462 95 9556 ,24,880.664 93 5885 12,905,042 98.1318 °1930........ 157,319,360 = 83.9911. 23,289,927 87.605Q 12,560,232 95 5098 — 1931. ...... 124,176,361 66.2964 18,304,150 68.8134 9,491,671 72.1760 1932......-. 88,943,080 47.4857 11,942,651 44.9222 6,959,816 © 52.9234 1933)... 92:221.363 49.2560 (12,877,502 48 4387 7.618.670 57 9335 1934... . 99.246.665 52. 9867 “14,595,039 — 54 8002 8,699,206 66. 1507 1935. 5...... TOTAL. 724. 55 6001 150635117 ° 56.6599 8,901,288 67.6867 1936.......° 126,275.44). ° G7 4171 17,509,749" 65 8829) 9,790,042 74. 4449 1937....... (44,218,957 71.6580" 20,350,519 °76 5484 100859, 731 82.47 1938 ...... 113.368,927 60 5264 18,782,888. 70 6516 10,464,585 79.5742 1939... ... 1245272. 480. 66.3477 20,267,605 76 2365 11,259,742 85.6207 1940... 140.073, 146°) 74.7885 24.228 .470 91 1354 13,355.749 101 5590 1041.‘ .... 175,478,359 93 6860 -30,743,502 115.6476 16,088,141 121.9563 1942... 217.083.555 115 SFIS 39,531,366 148.6971 20,624,125 156. 8288 1943... .... 218,830,979 HIG 8314 43,730,555 164 4924 26,445,454 201. 0950 1044. ° |... 24.244.655° 114.3820 37,203-700 139.9416 21,517 671 163 6234 1945 “* 919 196.949 112 2218 36.535.720 137.4290 20,635,886 156 9152 1946... .. 201.316.3902 FIZ. 8163 44.458 321 167 2110 24:838,155 188.8729 1947 - 931 468.396 123 5784 45,785,988 172.2239 27,205,524 206. 8747 See na na 47,492,654 178°6435 29,281,298 222 6592 - na Not avatable. . | 4 Source: Column | from Ex Parte 168, Exhibit 3, Page-21, Celumy 4.. Columns 3 and 5 from annual reports to Florida Railroad and Publie Utilities Commussion. (fol. 1115] (2) ‘The Combined Operations ( ns ane Statement Showing t t ve L.C.C. Docket No. 30140 Protestant’s Exurpir No. 56—Witness: Pettijohn he Revenue Ton Miles and Freight Revenue of: (1) The Southern Region; of the Atlantic Coast Line Railréad Company, Florida oe 759 East Coast Kailway Company, and the Seaboard Air Line Railroad Company; (3) The Combined Operations. Within the State of Flerida of the Atlantic Coast. Line : Railroad Company, Florida East Coast Railway Company, and the Seaboard Air Line Railroad Company A.C.L., - 4 A.C.L., ° Percent F.E.C., Percent F.E.C. ° Percent Southern Rela- and S.A.L. Rela- and S8.A.L. Rela-— Region tionship System tionshfp Florida tionship to 1928 (Thousands) to1928. (Thousands) to 1928 (1) (2) (3) (4) hee _ (4) $57.,784, 149,746 _ Revenue Ton Miles 100.0000 $6,940,895 100.0000 $2,194,600 100.0000 1929 57 089,152,045 98.7973 6,935,742 99.9258 2,128,251 96.9767 1930 48 720,761,387 84.3151 6,205,842 89.4098 1,987,952 90.5838 1931 39,031,788,504 67.5476. 5,325,589 76-7277 1,570,996 71.5846 1932 29,165,157,902 .50.4726 3,678,932 53.0037 1,135,773 51.7531 33 30 ,942:035,404 53.5476 3,919,344 56.4674 1,205,608 54.9352 34 32,900,841,227 56.9375 4,183,691 60.2760 1,367,993 62.3345 1935 35,204,471,052 60.9241 4,213,464 60.7049 1,321,971 60.2374 1936 42 449,828,000 73.4628 5,034,206 72.5296 1,523,500 69.4204 1937 45,319,926,000 78.4297 5,891,191 ° 84.8765 1,742,510 79.3999 1938 39,219,611,793 67.8726 5,328,008 76.7625 1,623,539 73.9788 1939 43 800,066,464 75.7994 5,973,684 86.0650 1,769,468 80.6283 1940 48 671,563,000 84.2300 6,895,132 99.3407 2,032,019 92.5931 1941 62,728 951,000 108.5574 9,505,131 136.9439 2,540,936 115.7813 1942 _ 89,457,212,000 154.8127 15,427,226 222.2657 4,245,784 193.4651 1943 101 469,131,000 175.6003 19,107,270 275.2854 5,935,f01.. 270.4639 1944 100 678,673,000 174.2323 18,563,075 267.4450 65,121,613 233.2734 1945 91 855,860,000 158.9638 16,888,882 243.3243 4,608,151 209 9768 1946 -— 84,184,932,000 145.6886 16,897,408 243.4471 5,033,708 229.3679 1947 89 082,924,000 154.1650 16,823,051 242.3758 . 5,257,490 239.5648 1948 87 400,000,000 151.2526 16,734,589 241.1013 5,200,556 236.9706 Re vats | Freight Revenue : 1928 $ 621,343,474 100. 00008103 598,324 100.0000 $32,315'783 100.0000 29 620,009,929 99.7854 105,423,366 101.7617 32,876,095 101.7339 930 526,150,541 84.6795° 92,193,900 88.8917 29,153,051 90.2130 1931 * 429,600,486 69.1406 81,054,728 78.2394 6,124,468 80.8412 1932 317,763,287 51.1413 57,865,198 55.8553 19,083,162 59.0521° 1933 331,674,892 33.1675 60,169,000 58.0791 19,615,228 60.6986 1934 342 662,035. 55.1486 61,490,101 59,3543 20,453,215 63.2920 1935 ° 361,243;784 58.1391 60,044,884 57.9593 18,972,868 58.7108 1936 424,563,211 68.3299 67,000,202 64.6731 21,124,931 65.3703 1937 433 583,679 69.7816 73,479,493 70.9273 22,323,982 &9°0807 1938 397,147,802 63.9176 69,531,352 67.1163 22,783,300 70.5021 1939 437 562,442 -- 70.4220 75,066,180 72.4589 24,352,614 75.3583 1940 464 363,485 74.7354 80,005,034 77.2262 25,969,788 80.3626 1941 593,484,607 95.5163 104,788,596 101.1489 30°893,307 95.5982 1942 848,579,287 136.5717 170,696,931 164.7680 50,798,781 157.1950 . 1943 960,441,101 154.5749 207,998,817 200.7743 67,793,358 209.7840 1944 * 981,927,558 158.0330 205,487,893 198.3506 61,424,856 190 0770 * 1945 ' 909,170,388 146.3233 185,411,420 178.9714 54,821;924 169.6444 1946 840,171,010 135.2184 188,810,190 182.2522 60,608,999 187.5523 1947 974,182,930 :.156.7865 207,272,552 200.0733° 66,887,480 206.9808 1948 1,094,487,014 176.1485 232,212,859 224.1473 75,187,419 232.6647 Source: Column (1) from Ex Parte 168, Exhibit 34, Page 21, Column 9, and Page 5, Column 4. ara R . ye ory Columns (3) and (5) from Annual Reports to Florida Railroad and Public Utilities Commission. © : ( : : y os 7 ¢ ‘ 760 4 - + (Here follows 1 Paster, side folio 1116) J \ des OE | > tne aes ten ne i ~ - [fo]. 1114] Pea ee Prorestant’s Exurpir No. 55 2; : os ae ox 1.€.C. Docket No. 30140 = 3 Recap ee air aaee Ne : + Witness: Pettijohn Statement Showing for the Atlantie Coast Line Railroad Olena: Florida Fak Coast. Railway Company. and Seaboard Airline : “Railroad Company, Tons of Revenue Fréight Origin ated, Terminated\and Handle d on the Systems’ and | W ithin the State of Florida \ , " | Originated , Terminated ” . | Total Freight Handled ; Percent 5 ‘ Percent _ ea . ~ System Florida Florida to System . Florida — \ Florida to’. | System ’ Florida, . ' tem fe ere: es stem : , Gri (1) ated Niet |. Sake (4) . (5) (6) : (7) - » (8) 1 RAISE Seopa $26,585,160 $13,150,7 49.466 $24,507,799 $12, 149,220 2. 573 $38,227,225 $16,908,771 BEES roe | 24,880,664 12,905, O12 51.868 22" 094,495 11,524,939 52 N62 35,821,722 16,613,315 ° SOO ran fen Pre Reags 23,289,927 ~° 12,560,232 53.930 21 ,218.240 10, 973,190 51.716 33,304,612 . 15,664,651 oe copeepemeni FF 9,491 671 51.884 16,617 ,729 8,126,720 48.90% 27,444,206 12,288,895 Maia ae SS Uk a 11,942,651 6,959,816 58.277 11,216,060 6,193,414 55. 219» 17,991,394 ~ 8,850,632 ROSS. i... ccdees 39,877,502 7,618,670. 59.1638 12,189,361 6,662,359 54.657 \; 19,676,177 9,711,724 os PRUERS Coe eee 14,595 ,0389 8,699,296 59.604 14,327 ,378 8,049,042 56. 179 22 337,281 9-11, 145,3: SRR See 15, 063, 117-8, 901,288 59.093 14,714,854 8,366,603 56.858 23,017,634 11,284,660 oo RSS eee pes 17,509,749 9,790,042 55.912 17,284,148 9,354,095: 54.120->> 2%,226,394 12,739°136 1937.......2........ 20,350,519 10,859,731 © 53.363 19,741,885 9,924,726 50.272 ° 31 N65, 315 14,085,043 1938................ 18,782,888 10,464,585 .55.714_ = 18,055,499 9 522,665 52.741 28 ,.656,871° 13,710,756 DEP is-s bw ke ete ;... 20,267,603 11,259,742 55.555 19,690 052° 10,170,903 51.655 31,583,674 14,841,774 DOs Cv Sass ket 24,228,479 13,355,749: , 55.124 25,124,243 13,033,241 51.875° 38,556; Las 17,991 855: | PERSE ears .. 80,743,502, 16,038,141 52.168 | 32,333,574 15,405,879. 47,647 50,300, “21,794,055 Ae A Wing Fae ( 102.73 00959 133.58 Pre ert 5,328 .008 1,625 539 30.47 69,531,352 22 783,300 32.77 O1305 01403 107 Al OLOLS 138. 50 et oreo ners 5,973 684 1,769,468 20.62 75,066, 180 24,852,614 | 32.44 01257 * O1876 109.47 D1001 ' 137.46 BR hae way Scarce eg mee eee 6,895,132 2,032,049 ‘29.47 80,005,054 - 25 969,788. 32,46 01160 O1278 110.17 OO95A 33.06 NR som Oe arta ee tae ge 9,505 131 - 2,540,936 20.73 104,788,596 30,893, 307 29.48 OLLO2 O216 - 110.54 ., OOIAG 128 54 SE nas rab beet eae 15, 427 ,226 4, 245,84 27.52 170 ,696 ,931 50,798,781 29.76 00106 _O1196 108.14 * 00049 126.03 1943. ° 19, 107,270 5,935 , 601 31.06 207 ,998 ,817 67 ,793 358 $2.59 » .OLOS9 OLI42 104.87 OOU4S 120.46 DE Fo oe ho 8 aD eee eS 18.,563 075 7 121 613 27 59 205 487 , 893 61,424,856 209.89 OLLO7 01199 “TOS 31 — 00976 122.85 1045. .¥... Pree re 1,888 882. + 4,608,151 27.29 185,411,420 | 54,821,924 29.57 . 01098 OLL90 108 38 00993, 119 84 BS ee ON eg 16,897 ,408 5,033,708 29.79. 188,810,190 60,608,999 32.10 OWI7 01204 107 .7$ * 01000 120 40 1947. . a eS CURR 16,823,051 5,257 , 490 31.250 207 ,272 552 66 , 887 480 32.27. 01252 01272 103.25 O1094 o 116.27 1948. . ' 16934 589 5,200,556 “Sl we. = 212,859 75, 187,419 32.38 O1388 01446 104. 13 / Dp, na . ® ’ e . . . L . sn Kot available. Source: Columns 1, 2, 4, and Pile Sa: Reports to Fiorida Railroad and Public’ Ut tilities Commission. « Columns 3, 6-9, 11—Computed. ; oa _ Column 10—Exhibit 3, Page 22, paced 4, Ex Parte 168. : i. S| ag e - {fol. 1117]. 5 : zs Se (ord ee ProTesTant’s Exnipit No. 58 : I.-C. C..Bocket No. 30 — - ae, : ae - Witness: Pettijohn Statement Showing Kevenue Passenger Milés and Passenger Revenue for the Bontherh Region, and for the System and State of Florida, , for the Atlantic-Coast Line Railroad, Florida East Coast Railway, and Seaboard Airline ‘Railroad ; ~ Percent. A.C.L., F.E.C., , Percent A.C.L., F.E.C., Percent Be Southern Region. Relationship © and §8.A.L. Relationship . and 8.A.L. Relationship . : ' to 1928 System . — to 1928 ¢ Florida to 1928 — ¢ Ci eae (2) =e ee en sy aa (6) 2 ; a _. Revenue Passenger Miles : yrasch Ne ra ee oa |. ee Sore Gigi wig ap ee» $ 3,716,867 ;146 100.0000 - § 725,121,832 * 100.0000 $ 276,609,874 100.0000 TRUER aioe So eA Ws ed ek 3,484,067.452 . 93.7367 _ 666,924,478 91.9741 244,543,973, 88.4075 SAAS Aer een & 46 can 2, 834,414,494. 76.2582 569 , 846 ,522 78.5863 . 207,617,146 “75.0877 Ue Sout RoR ea elk a yaeeeesten > 57.2208 426,790 .799 58.8578 155,531,372 56.2277 | BERR SRE Re - 1,705,849,809 ' 45.8948 341;618 066 . 2.2158. , 119,332 ,986 43.1413 BASES A Bete py eae 1,908 ,069 , 873 51.3354 390 ,052 , 741 53.7913 * 137,810,717 © 49.8213 Spee ee aes Oe ae 2,327 ,025 ,853 62.6072 545 ,598 , 398 75 . 2423 ~ 198,155,005 71.6370 SR rere eS 2 ; 408 , 800 , 233 64.8073 596 , 404 , 873 82.2489 219,105,376 79.2110 SSAA MENS er Rete _ 2,872,584, 446 © 77.2851 740,841,182 ° 102.1678 . 272,630,060 ' 98.5612 RE ee rea Gre 2 * 3,529,714,748 — 84.2036. 851,456,560 - 117.4226 >. 311,827,986: . 112.7321 ee ee Siamitele sc Gere Rae 2,450 , 534,566 65.9301 670 ,568 ,297 92.4766 ~ 242,441,745 87.6475 Sot NY 6-6 o 0.0 6:8 ‘Stee ere - 2,752,293 ,323 74.0487 827,605,775 >. 114.1333: 296,978,508 107.3637. — er aa es 3,174,123,856:. «85.3978 1,082 ,578 ,325 149.2961 ~ - 390,574,138 141.2004 | er eee ee Le. 4,436,307 ,370 119.3561 1,547,716, 861 213.4425 479 , 941,974 173.5086 2? Sere ieee ees 9 ,059 , 343 , 329 243.7360 3,151,887 ,467 434 6701 952 ,052 ,659 344. 1861 ete Ges eels nn hs 14,676 ,003 ,548 394.8488 | 4,869, 186 , 667 671.4991 © rie gp ertae 567 . 5884 | SAA re are 15,275,642,597 . 410.9817. 5, 143,608 ,790- 709.3441 1,543 ,974,163 . 558.1775- a SOE Cer .eeee 13,731,916, 159 369.4487 4,699,113 ,305 648.0447. © 1,475,136,344 533.2913 Sa ee Caen s bees) pee eat ae 236.8055 2,858 ,662 ,940 394.2321 $62,165,966 . 314.6902 Aiea heuseeese nie 6 ,099 , 292 ,374 164.0977 2,081,481 ,827 287 .0527 680 , 502,770 246.0154 Soe aie wea w ono a eee 5, 400 ,000 , 000 145. 2836 * 1,871,288, 757 258 .0654 - 621,121,487 224.5478 - | en . F ts ‘ ° 192 I.-C. ‘ C. Docket No, 30 . PROTESTANT’S Exuisit No. 58—Continued Witness! Pettijohn ‘Statement Showing Revenue Passenger Miles and Passenger Revenue for the Southern Region, and for the System and State of F —_— or the Atlantic Coast Line Railroad, Florida East Coast Railway, and Seaboard Airline Railroad abince: Column (1) from Ex Parte Sk Rk ee we ee eee 6228 CY DY £6 4. 8's E ES OBC ee ee | 5 66 170 6-4-e8°¢ O88. © oY mete Pe 6 6 66s Oe ewe 8 ee ee ea 6 ee. 6 ee S BAS Oe BOS Cu CBG « @€ 6 0-62 4-4. €' a ed '4' S O ae ee eo ee oe te ee a oe ee a Oe A oe i eee © aw oo GG et ee ae Ce ot 6 6 6 6.9 6 6 84 ee eS a0. 987s 6 ©. 6.0 6 F Gwe U6 eS Oe Se ee ee ee ee ee ae re oH 60 £0 8.0 Vlas we Ce és ec eve ee se teen @ te &'6 Oa PS 20s ee ee COS a Ww Oe) 8, eoveoeoe eC vaveee oe 0 0% @ Southern Region (1) 118,296,618 108 , 739 ,548 85,651,470 60 , 193 ,973 38 , 908 ,933 35,403 , 693 40,186, 144 41,764,061 49 524,722 54,984, 192 48 , 432,816 48 437 , 267 53,639 , 106 76,110,045 174,201,818 291,716,260 , 804,141,192 271,849,358 176 ,674.572 127 ,774,672 125.404, 694 Percent ‘AC.L., F.E.C., ~ Relationship “and 8.A.L. to 1928 ‘System (2) (3) Passenger Revenue 100.0000 $ 25,382,711 . 91.9211 23,408 , 608 . 72.4040 © 19,741 ,067 50. 8839 14,173,711 32.8910 8,916,253 29.9279 7,989 , 205 33.9707 10,207 ,644 35.3045 11,123,212 41.8649 13, 624,297 46.4799 | ~ 16,038,205. 40.9418 14,335 ,561°. 40 9456 15,227 668 45.3429 - 18,483,983 64.3383: 26 , 557,104 147.2585 60, 135,396 246..6973 94,961 ,989. 257 . 1005 100 , 861,592 229. 8032 91,358, 423 149.3488. ~ 57,873,131 ~ 108.0121 45,197 ,956 106. 0087 43 ,281 ,659 168, Exhibit 34, rare 21, "Columb 14, and Page 5 fp Columns (3) and (5) from annual reports to Florida Railrgad and Publie Utilitie s iC ‘ommission. Percent . Relationship to 1928 {4 100 .0000 92. 2226 77.7737 55.8400 - 35.1273 31,4750 40.2149 43. $220 53.6755 63.1855 56.4777 59.9923 72.8212 - 104.6267 236.9148 374. 1208 397 . 3634 359.9238 228 0022 178.0659 170. 5163 . Colanin 5. (Here follows 1 Paster, side folio 1118) AOls, FEC: - and $.A.L. Florida — (5) 9,787 ,738 8,727 ,958 7 ; 302, 440 5,201,480 © 8 5, 247 ,456 5,531,755 6,707 ,133 8 ;212,639 13,292 ,058 . 30, 836, 044 30,925,771 — 29 . 394 , 585 18,003,819 15,484,541 14,769, 112 Percent Relationship to 1928 (6) 100.0000 89.1724 74.6080 53. 7428 32.9592 29.4881 38.4155 42.0088 51.5081 60 : 2294 53.6126 56.5172 68.5259 83.9074 186.8875 315.0477 315.9644 300.3205 183.9426 158.2035 150.8940 i GOL {fol. 1118) L.C.C. Docket No. 30140 . PEI ec ee te ewe eee eee see e ee eoeseereneos na—Not available. Revenue Passenger Miles e State of Florida; fm BO Base Gt ei GO et te System (1) , 725,121,832 666,924,478 569 , 846 522 426,790,799 | 341,618 066 390, 052, 741 545,598 398 596 , 404,873 740,841,132 S51 , 456 , 560 . 670,568 ,297 827 605,775 082,578 325 eet 716.861 , 151,887 467° , 869, 186 , 667 143,608,790 ,699, 113,305 8, 662,940 1,481,827 1,288,757 OF ‘85 08 87 ) ' 155, Florida (2) 276 609 S74. 244 543,973 207 .617 146 531 372 119,332 986 137 810,717 198, 155,005 219,105 376 272,630,060 311.827 986 242,441,745 296 978 , 508 390 , 574, 138 479,941,974 952 ,0%2 659 570,905,508 543,974, 163. /475;, 136,344 862,165,966 680,502,770 621,121,487 Percent Florida to System (3) 38.14 36.67 36.43 36.44 34.93 35.33 36.32, ' 36.74 36.80. ° - 36.62 36.15 35.88 36.08 “31.01 31.39 30.16 32.69 33. 19-- Passeftger Revenue System (4) $ 25.382.711 23,408 , 608 19,741,067 A4.173,741 8.916, 253 7.989 , 205 10.207 , 644 11,123,212 ° 13,624,297 16,038,205 - 14.335 .561 15,227 668 18, 483..983 26.557, [04 - 60,135,396 94,961 .989 0.861.792 91,358,423 57,873,131 45,197 956 , 8,281,650 Source: Columns 1, 2, 4,°5—Annual wepeets to Florida Railroad and Public Utilities Commission. ; Columns 3. 6, 7, 8, 9, 11—Computed. Column 10—Exhibit 3, Page 22, Ex Parte 168. ww Florida 30, R36, 30 , 925, - 29 394: 18,003 ,: 15,484. 14,769, Percent Florida to System (6) (7) , 38.56 $.03500 37.29 > OB8510 36 99 O3404 36.70 03321. 36 18> 02610 36.13 02048 | 36.84 OISTI 36. 97° OIS65 37.00 O1839 36.76 OLSS4 36.60 02138 36.33 OLS40 36 29 OLTO7 30.92 O17 16 30.41 01908 $2.47 C1950 30: 66 01961 * 32.18 Olof at.if 02024 34.26 02171 34.12 02313 % & . ae Also Re venue pera 2 en System , Florida (8) - -$ 03538 03569 03517 ? 03344 02703 * (2004 ‘ OLS9S . OIS77 O1849 01890 O2154 O1S65 NTT OLE. O1921 O19? 02003 01993 02088 02275 02378 Percent Florida to System (9) 10) * 101 1p 100 103° 56 102 . 104 100 100: 100. ; 101 3 101 100 yo “100. “100. 102 102 103 104 * 102 09 oo 6S 53 69 Re venur per Passe nger Mile a4 Ww itness: Pettijohn Pe ‘roent Southern Flortda to’ »Région So. Region {10) (L}) & OFIS5S 1}1 Of O3125 Tl4 21 03029 116.11 » O2ZS845 117.62 02277 1t8 71 OISSI '33.13°° OW25 110. 03 01726 «108 75 O1716 107 75 OLAS 108 12 01970 109 S85 OL745 106 7H~ OTT 102 S81 O1L706 1M) .29 OLDIS 1000 165 01900 OS 64 01992 100 55 OL9S2 1) 35 ~ 02003 104 35 02002 10S 75 na ie t ah fol. 1119] L.O.C. Docket No. 30140 __ Profestant’s Exurerr No. 60 Witness: Pettijohn- " Statement Showing for Selected Items Comparative Operations of the Atlantic Coast Line Railroad Company, Florida, East Coast ~ Railway Company and Seaboard Air Line Railroad Ci mmpany for the System and in the State of Florida and for the Southern Region — Calendar Year. 1947. Pak 3 Freight Service 1. Train Miles... ... A.C.L. Railroad, S.A.L. Railroad, and _ F.C. Railway Combined ee te gate ee ee eset meni thn so (A) ' Florida’ $ 7,469,161 ‘e (B) System & $ 23,228,857 (C) Southern Region $ 105,659°738- °2. Locomotive Miles—-Road. ... 7,633, 456 ‘24,483, 777. 113,098 , 649 - - 3. Lecomotive Miles—Switching . 1,019,647 ~ 2,314,693 7,645,027 Oa MR oe 2 ee 285 , 750,539 974,660 5434 4,583, 482,000. 5."Revenue Ton- Miles (Thousands) 5,257 , 490 16,828,051 89 , O82 , 923 6. Revenue Tons per Train Mile : — 703.89 : - 724.23 843.11 7 Revenue Tons per Locomotive. Mile--Road. . 688 74 687.11 787 66 8. Revenue Tons pér CarsMile. .. . 18.40 17.26 i9 44 Passenger Sérvice . : Re a 9. Train Miles;.......-... F 6 , 236,680 18, 183,834 - 61,008, [88 10. Locomotive -Miles— Road 6, 363 , 266 18,401,312 58, 182,372 11. Locomotive Miles—Switching. . 6,861 11,076 . ¥38,818 12. Motor Car Miles. a snese aig ST, G00: 7,302,730 13..Car Miles. ....... ent SG 118 ‘ 65,978;001 195, 154 02% 568,494,685 ‘4. Revenue Passenger Miles vans 680,502,770 : _ 2,08f ,4A8t 827 6,099,292, 374 _ 15. Revenue Passengers per Train Mite. vi iets i ee 112.98 = {t4.47) 99. 97 16. Revenue Passengers per Locomotive Mile— Road 106.94 113.12 ae 104.83 17. Revenue Passengers per Car Mile... . 10.31 10.67 10.73 Source; Column (A) Items 1-5 and 9-14 from Annual Reports to Florida Railroad & Public: Utilities Commission. Columns (B).and (C)—I. C. C: Comparative Statement Railway Operating Statisties dated September, 1948—Statement No. 48200, caiendar year 947. - , nee [tem 14, Column (C), Exhibit 3, Page 21, Column 14, Ex Parte 168. Items 6-8 and 15-17—Computed. 3 292 {fol 1120) a | ee Prorestant’s Exuipit No. 61 .C.C. Docket No. 30140 es ‘Witness: Pettijohn Revenue Miles Statistics — ‘Atlantic Coast Line, Florida East Coast, and Seaboard Airline FOL System Florida > Percent Percent Total Freight Passenger Passenger-- Total Freight Passenger Passenger to Total - _to- Total : Train. Miles Poets 5 1936. . 28 , 797 , 383 13,514,924 15,282,459 53.069 ~ 10,180,947 4,673,118 5,507,829 54.099 ES 30 , 203 , 005 ‘14,477,115 15,725,890. 52.067 — 10,535,116 4,908,770 5,626,346 53.406 1938... 28,194,213 13,473,797 ° 14,720,416 - 52.211 : 9,909,77 4,857 , 886 5,051,884 © 50.979 1939. . 29 , 547 , 060 14,800,762 14,746,298 ~- 49.908 10,503 , 377 5,225 ,056 5, 278, 321 50.254 wee... .% 31,741,842 15,659,012 16,082,830 50.668 11,343,925 -° 5,297,755 6,046,170 53.209 | Rae ek aire 35,285,204 18,688,665 16,596,530 47.035 11,909,794. 6,080, 104 5.829.690 48.949 1942. baa 42,382,011 23,547,675 18,834,336 44.439 14,048 ,525- 7,466,176 6,582,349 46.854 Bon ars 46, 163,648 25,348,953 20,814,690 (45.089 15,746,795 8,416,524 7,330,271 46.551 ERC singh aed 46 , 345, 321 25,276,520 21,068,792 45 460 15,243,407 8,042,490 7,200,917 47.240 1945. 43 ,979 ,692 23,989,949 19,989,743 45.452 14,428 ,§ 7 652,953, 6,776,037 46.961 . S008 3... 42,272,991 24,328,225 17,944,766 42.450 13,712, 839 7,833,350 5,879,489 42.876 Ee 41,412,685 23 , 228 , 851 IS,183,834 °43.909 13.705, 841 7,469, 161 6,236,680 45.504 1948 ...... * 39,840,026 22 . 406 , 608 7,433,418 43.759 13, 268 , 690° 7,229,892 -6,038,798 15.512 1947 to 1936. 143.807 / 171.876 LIS.985 134.622 159. 832 113.233 es > Locomotive Miles Rs tka 63,918,050 35, 166,099 i8,751,%1 34.779 17,979,549 11,738,051 6,241,498 34.714 ye + RE ae rir ga 52,981,988 34,036,012 18, 945, 976 35.759 17,873,280 11,282,535 6,590,745 36.875 SOO tind cs cee 51,340,930 33,215,070 18,125,860 35.305 17,471,728 11,100,778 6,370,950 = 36. 464 1947 to 1936..... 155.576 _ 180.550 124.611 ee gies 146.966 173.336 116.600 ae Car Miles SOMO oc ev eas ak 620,216,411 497,573,530 122,642,881 ©°19.774 192,182,508 147,896,470 44,286,088 23.044 SOE ke pee ' 694,179,569 561,957,622 132,221,947 19.047 210,910,408 163,598,190 47,312,218 22.432 BIE a 6: p cases wae 664 , 403 , 562 541,595,214 122,808,348 18.484 209,897,511 166,749,437 43,148,074 20.557 SOE ota tay 704 , 280, 755 574,685,919 129,594,836 18.401 219,541,499 173,372,789 46. 168,710 21.030 TO, bs fale. 751,203,882. 609,115,883 142,087,999 18.915 ° 237,442,801 185,270,916 52,171,885 21.972 SUGR. c a ne Maree 892,554,798 736,740,718 155,814,085 17.457 260,498,979 206,389,009 54,109,970 20.772 Rey eae 1, 169,989,828 973,352,188 196,637,640 16.807 336,878,545 270,182,019 = 66 696,526 19.798 IONE ei Wede 1,320,683,531 1,088,879,641 231,803,890 17.552 392,704,147 312,759,446 | 79,944,701 20.357 | | RUNS ~ 2... °1,846,125,178 1,100,815,270 245,309,908 18.223 395,831,262 314,022,057 81 "809,205 20.668 Ses rig ee eal 1,270,367,711 1,036,892,549 233,475,162 18.379 370,394,097 293,481,368 76,912,729 20.765 MR a Sas we ate 1,223,479,950 1,022,743,133 200,736,817 16.407 367,097,569 302 , 060/944 65,036,625 17.716 b PORT ore FUN ie 1,175, 185,587 979,400,138 195,785,449 16.660 354,285,665 288,151,398 — 66,134,267 18.667 TONE: ei ae Se 1,169,016,271 976 (272,445 192,746,826 16-488 353,226,763 287,653,829 65,572,934, 18.564 1947 to 1936..... 189.480 196.835 ‘16-688 Sy AL. CL. 104, BS. sO BS . ere 184.349 194.833. 149.334 P ae [fol. 1121] ; I. C. C. Docket No, 30140 PrROTESTANT’s Exursir No. 62 = Witness: Pettijohn Operating Revenues Atlantic Coast Line, Florida East Coast, Seaboard Air Line ? s Freight Revenue Account No. 101 992 Percent Percent. Percent System . Florida Florida Intrastate -of : _ System System Florida Behe ee kek Leathe rae enes $103,598, 324 $32,315,783 . 31.19 $13,762,010 13.28 42.59 Oo BO OORT E NE eee Bn 105, 423, 366 32,876,095 31.18 12,319,969 11.69 37.47 a EE RS ee ra — 92,193,900 29,153,051 31.62 11,263,913 12.22 38.64 BERETA ST mmr Ge Cate 81,054,728 26, 124,468 32.23 8, 932,946 11.02 34.19 Ses Oe ade Sa Pe * 57,865, 198 19,083, 162 32.98 . 6,580, 151 11.37 34.48 BRIER en ree See 60, 169,060 — 19,615,228 32.60 " §,906,235 | 9.82 30.11 Sg MARES EL NSN a sip EE 61,490,101 — 20,453,315 33. 26 6,705,810 10.91 32.79 cp 0 SED he eer Ste : 60,044, 884 18,972,868 31.60 6,128,039 10.21 32.30 | SOLEIL SEN 5 ed aie fOr ein 67,000, 202 21,124,931 31.53 6,265,400 9.35 29.66 BU Cer racks ks De db ee ho. 73,479, 493 22 , 323 , 982 30.38 5,922,328 8.06 26.53 a POE EE CaS NC ene Ore a cs 69, 531,352 22,783,300 32.77 6,101,144 8.77 26.78 | , SRI: SERS apr t aeee R 75,066 -180 24,352,614 32.41 6,643 , 263 8.85 27 .28 BPO isles ee he een a ea ee 80,005 ,034 * 25,969,788 32.46 8,154,738 8.15 31.40 Be cake wie ae ka a ee ae 104,788,596 30 , 893, 307 29.48 °9, 708, 205 9.26 31.42 Og ER NARS oe PO ee Oe 170,696,931 50,798,781 29.76 14,252,583 8:35 28.06 tg APU rcrn Gomes Sia) cr wpe, ily arn 207 , 998, 817 67,793,358 32.59 18,203,828 8.75 26.85 RR GS Roary bein aie reg tars nett 205 , 487 ,893 61,424,856 | 29.89 13,618,233 6.62 22.17 BOO a6 Se ee a Lee es 185,411,420 54,821,924 29.57 12,036,539 6.49 21.96 LD SUAS ep OP eae oe Gee ey 188,810,190 60, 608 , 999 32.10 ~ 14,598,358 7.73 24.09 SOG So ee ea eee Fe ee eon 207 , 272,552 66,887 , 480 32.27 15,950, 328 7.70 23.85 1948, eee Lee ak 232,212,859 75,187,419 32.38 17,432,305 7.51 23.19 Percent of 1947 to 1928.....:....... 200 . 0732 206 .9S0S = ose 115.9011 ln See SR Aste haere su ee ek | SRSA PNG. ces enevR uses Race IER ea EAS S¢. 86 ers 6.8 6.8 oe ee wee eee ce -s 6.6 06 8300.2 Ge «© oe 6 ©’ woe 8 @ Pere ent of 1947 to 1928.. iceices: 3 ener we T's ss i. oe oh . ce : “19° 741.067 Passenger Revenue Account No. 102 System 23,408 , 608 14, 173,711 8,916,253 7.989, 205 10,207 , 644 . 11,123,212: 13,624,297 16,038 , 205 14,335, 501 15,227, 668 18, 483,983 26,557, 104 : 60, 135,396 94,961,989 100, $61, 592 °° M1, 358 , 423 57, 873, 131 45, 197,956 43,281,659 178.0659 25,382, 7119 da tges $ 9, 787, 738 | 8, 727,958 « 7, 302,440. 5,201 ‘480 8,225,956 2,886,217. 3,760,011 4,111,714 5,041, 482 5,895, 100 5,247,456 5,531,755 6,707, 133 8,212,639 - 18,292,058 30,836,044 ri 30,925,771 - ~~ a 29 394,585 18,003,819 15,484,541 14,769, 112 "158.2034 Aneual reports to Florida Railroad aid Public Utilities C ommission. Percent Florida System “88.56 37.29 36 99 36.7 36. 36.43 36.84 36.97 37.00 ' 36.76 36.60 36.33 771 (fol. 1125} e 1.C.C. Docket No. 30140 "| Prorestant’s Exnvsrr No. 66 : Witness: Pettijohn j Investment, Net Railway Operating Income and Rate of Return of Florida’ . East Coast R: uilw ay Company—Calendar Year—1947 ES Total . Freight - Passenger Investment in Railway Propert v used ‘Im tramspn sevice... .. 2.0.6. cee. OS Ot ROE na vy Caen oe Lee Ee ‘Depreciation & Amortization Reserve .13,848,064 .......... eues riers Investment in Transportation Prop- Sues erty less recorded depreciation «& Mes eit in tiie ee oe rt ‘73,825,998 42,193,330 31,632,668 Working Capital—9.606%.......... 2,275,016 1,222,481 1,052,535 BRUNS MU i ha cine oie oe - 76,101,014 43,415,811 32,685,203 Net Railway Operating os Pas 1,544,281 3,572,614 2,028,333R. ee @ aaa eee 2.0292 6.2008 vies. Sey Net Railway Operating Income Re-- vised to reflect $1,400,000 excess . profit tax. refund. applicable to . : | prior vears—per Ex. S14......... 144,281 2,172,614 2,028,333R Ee ee rye i Soe i. fever ene a R denotes red figure. {fol. 1126] 1.C.C. Docket No. 30140 Prorestant’s Exuipit No. 67 Witness: Pettijohn Investment, Net Railway Operating Income and” Rate of Return of’ Florida East Coast Railw: ay Company--Calendar Year—1948 Total Freight ’ Passenger Investment in Railway Property used ae -. ju transpn service.........5...5. Re 10 Se © (ee PS CARS ae a Acy. Adj., Donations, Grants, De- ; preciation & Amortization. ....... SATs Coke a ae howe Investment in Railway Property used Ray ‘in transpn service less recorded ~—— -- Gent: & wt. 2 es ek Se tk 73,300,260 36,746,666 36,553,594 Working Capital—9.606 of Operating : NU as ee ee ce . / 2,295,624 (1,177,855 1,117,769 Bate BONG. 655 chunk oa .... 75,595 ,884-—37,034 521 . 37,671,363 2 Net Operating Income............. 1,855,052 4,685,134 2,830,082R-- ee. eS a Ses oe : 2.4539 WERNER. noir vs hae R denotes red figure. 3 / / 772 (fot ti27} 1.C.C. Docket No. 30140 . PRoTESTANT’s Exuipit No. 68 Witness: Pettijohn Net Railway Operating Income Three Months Iknded March 31 ' 7 Percentage District or Region 1948 1947 Increase New England Region.....:......... $ | 503,210 $ 2,172,953 76.8" Great Lakes Region.........:...... 15,293. 511 20,015,399 23. 6* Central Eastern Region... .... ade wa 16,975,926 18,961,599 10.5% Eastern District... ... ele eg rele .. $ 82,772,647 $ 41,149,951 20.4* Pocahontas Region................. $ 16,106,356 $ 25,215,973 . 36.1" _ a epee irr Meese 33,892,793 31, 253, 038 O8&.4 _ Southerf District............ ac aes $ 49,999,149 § 56, 467, orl 11.5* Northwestern Region............... $ 3,835, 879d 9, 284, 093 rae » Central Western Region. ........... 42,185,134 47,039,678 10.3* Southwestern Region............... 21,525,529 22,303,202 3.6 Western District.......... sess... $ 50,874,784 $ 78,626,973 2. 8* United Staten... <>. PA Seeks $ 142,646,580 $176,243,935 “19. i* Atlantic Coast Line RR Co., Florida East Coast Ry, Co., Seaboard Air _ sane RR Co. fe ree eo ra = eee $ 9,271,924 $ 7,363,977 25.9 PURER S ont ee os Pat ee 3,478 , 857 2,747 ,827 26 d—deficit. * — decrease. * Authorities: : L.C.C. Statement No. -M-100 for three months ended March 31, 1948, for, Dusit Rees: OS SS FO ee ~ March 1948 Mo. Rept Ser. ‘No. 463 of Association of American Rafiror ids, Bureau of Railway Economies. Monthly reports of revenues and expenses to Florida Railroad and Public U tilitie S Commission, : yi {fol. 1124] | TAC. C. Docket No. 30140 - Actual Calendar. Vier 1948 Revenues, Expenses ane Net Railway Operating Income Compared with Similar Data for Three Months, éxpanded by Factors Representing a Twenty Year Average. Florida Kast Coast Railway Company, and Seaboard Air Line Railroad Company. Six Months, and Nine Months, s Three months ended March 31, 1948. .... ES GE PORE ee Ge eet oe ee Expanded to yearly basis—Combined. .... Expanded to yéarly basis—Individual. Six months e nded June 30, 1948 :..... _Ratio of year. Expanded to yearly basis—( foeabined:. Expanded to yearly basis- —Individual. Nine months ended September 30, 1948... Ratio of year. Expanded to yearly basis— - Expanded to yearly basis— -Individual . Actual —1948.. 1947 Net Railway Operating Income ad- come x Refund to F. ky C. aad $1,030,000 occasioned by A.C. L. change in accounting for Foreign Line tickets |. Source: Combined. . - ; juste 2! xclude $1,400,000 Federal In-* PROTESTANT'S Exnrpit No. 65 _ Freight Revenue $ 62,162,035 27.1377 229 061, 545 299172" 723° 124,455,235 53.6163 232,122,013 232 , 269, 993 175,181,701 .* 44.7192 234,453, 394 23 ¥,51 1,784 232,212,859 207 , 272,552 Passenger, Revenue $14,498,993 31.6333 45,834,589 45,683, 177 24,055,759 55.3691 43, 446, 180 43,357,468 33, 458, 131 rye 1213 43,383,775 43, 352,856 43,281,659 45,197,956 — Total Revenue $ 83,304,684 28.1290 296 , 152,313 256, 441,980 160 , 237 ,220 . 53.8155 297 , 752,915 298 021, 580 225,328,097 75.0372 300,288,519 300,355, 9° 297 , 685,298 | 274,625,212 Utilities Commission. Operating Operating: Expense Revenue $ 63,472,029 $19,832,655 EE.) RRO it att ee 249,202,119 46,950,194 249,058,101 47,383,879. 125,808,326 34,428,894 BEC MRR ACen 250,919,096 46,833,819 .25tk, 8bi, 482. 47,160,098 183, 593, 282, 41,734,815 73. 1051 Cs pete ae nae . 251,136,079 49, 52,440 — 251,117,264 49,238,704 246, 509, 450 232,912,173 Association of American Railroads, Buresu of Railway Economies, Monthly Report Series. Annual reports/to Florida Railroad and Public ce : ‘e Witness: Pettijobn . Net Railway "51,175,848 - 41,713,039 Net Railway Operating | _ income — 3 9,271,924 39.0454 23,746,521 23,898 , 967 15,291,203 64.9655 23,537,421 23, 766 , 987 16,881,889 79.4559 Atlantic. Coast Line Railroad. Company, _ 22,373,186» 22/936. 473 20, 169.648 13,383,694 $10,953,694 Vv OLL Warts 773 (fol. 1128} 1.C.C. Doeket No. 30140 ProTestTaNnt’s Exuipir No. 69 . Witness: Pettijoha Net Railway Operating Income Six Months Ended June 30 Bie ie: Percentage District or Region 1948 1947 Increase New England Region..............- $ 10,635.003 $ 6,870,054 54.80 Great Lakes Region..-..... et ENS 66,141,212 50,374,104 11.45 Central Eastern Region............. 63, 174, 639 - 53,195,167 18 76 Sauter Wattles cs. ee $129,950,854 $110,439, 325 ‘17.67 | Pocahontas Region.............. .. $ 42,554, 729 $ 47,478,267 “10. a7° Southern Region. SELES he eT Te 69,828,951 56,921, 937 22 67 Southern District Ria Pod Pian Bet ee $112,383 ,680. $104, 400, 204 7 65 Northwestern Region.............. $ 28, 529, 409 $ 34,202,192 16 59° Central Western Region............ 90,994,784 81,608,181 11.50 Southwestern Region. ............. 49,080,193 43, 121, 164 13.82 Western District... ele Gee eae $168, 604, 386. $158, 931. 537 6. 08 United States.............-. Eg tao 3110/38, 926 $373, 774, 066 9 OL Atlantic Coast Line RR Poet RES Co,, Florida East Coast ey fey Ry. Co., Seaboard Air . Line RR Co. “ PN rere i ees Pe eee $ 15, 291,203 $ 10,126,803 51 0 Peis. oS Soe a biears 5,402 , 403 3, 379 ,639 59.9 ” indicates decrease. Authorities: LC:C, Statement No. M-100, for six months ended June 30, 1948 for Dis- tri@ts and Regions. Mo. Rept. Ser. No. 466, Association of American Railroads, Bare “aul of Economics for three principal Florida railroad system returns. « Monthly reports of revenues & expenses tp Florida Railroad ,and Public . Utilities Commission. '& | --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386407_0185%3A11. Public record. Not legal advice.