It appears, therefore, that the petitioner desires this Commission to fix the rates for transferring baggage through the streets of Richmond, and to enter an order annulling the existing contract by virtue of which the Richmond Transfer Company has the exclusive privilege of soliciting baggage on the trains and boats and premises of the other defendant companies, and of delivering transportation company checks for their baggage to prospective travelers at their residences.

No authority is cited to sustain the proposition that this Commission has jurisdiction to fix the rates of baggage transfer companies. The Constitution has conferred authority upon the Commission to regulate the rates of transportation and transmission companies, but we have no such authority as to any other class of corporations. Baggage is usually transferred locally by a private corporation or a private citizen, engaged in a private business, using the streets and roads of the Commonwealth along with other citizens, not authorized to exercise the right of eminent domain, and without any special privileges not available to the general public. Such a business is neither the business of a transportation or transmission company nor of a public service corporation. The citizen or corporation conducting it while only engaged in performing contracts made solely with travelers for the transfer of baggage between their residences and railway stations, is not charged with any public duty. Contracts with customers for the transportation of baggage through the public streets and roads may be freely made without regulation or supervision of this Commission, unless such service is to be performed by the baggage transfer company as the agent of some transportation company as a part of some public duty due from such transportation company to the traveler. When this occurs, as it certainly does when a transfer company transports the baggage of persons traveling on through railway tickets contracting for the transfer of such baggage from one station to another in the same city, then the rate is subject to the control of this Commission, because such a service is a transportation service due by the transportation company to the traveler by virtue of such through ticket.

Other instances may arise in which a transfer company acts as the agent of a transportation company in aid of its public duty, and when it does the rates may be regulated by this Commission.

In this case, however, we are asked in general terms to regulate the rates of the Richmond Transfer Company, and it seems to us clear that we are without authority to do this under the facts stated in the petition.

Then we are furthermore asked to enjoin and annul the existing exclusive contracts' between the defendant transportation companies and the Richmond Transfer Company.

We must decline to do so, however, because similar contracts have been not only declared lawful, but in the public interest desirable, by the Supreme Court of the United States; by the Supreme Court of Appeals of Virginia; by the Georgia Supreme Court; by the Interstate Commerce Commission and by this Commission.

Donovan vs. Pennsylvania Co. 199 U. S. 279 (50 L. Ed. 193),

Norfolk and Western Railway Co. vs. Old Dominion Baggage Company, 99 Va. 111.

Cates vs. Atlanta Baggage and Cab Company and others, (Georgia) 34, S. E. R. 372.

Cosby vs. Richmond Transfer Company and others, 23 Interstate Com.merce Commission Report, 72.

Commonwealth at the relation of Peoples Baggage Transfer Co., etc., vs. Norfolk and Western Railway Co., etc., Virginia State Corporation Commission Report 1911, page 31.

Such contracts are approved because believed to be beneficial to the public in that they provide responsible baggage transfer companies, relieving incoming passengers from the solicitation of agents of competing transfer companies, some of which companies, or individuals, may be irresponsible, incompetent and unreliable.

For the reasons here indicated we will enter an order dismissing the petition.

RHEA and WINGFIELD, Commissioners, concur.

CASE No. 325.

A rule is hereby awarded against

CITY OF RICHMOND, May 1, 1912.

Baltimore Yellow Trading Stamp Company,

a corporation chartered under the laws of the State of New Jersey, and designated as a foreign corporation, returnable at the court room of the State Corporation Commission, Capitol building, city of Richmond, Virginia, at ten o'clock A. M., on Tuesday, the fourteenth day of May, 1912, requiring it to show cause, if any it can, why it should not be fined under section 1105 of the Code of Virginia, as amended, for transacting business in this State without first obtaining the certificate of authority provided for in section 1104 of the Code of Virginia, as amended.

Commonwealth of Virginia, at the relation of the State Corporation Commission, (Rule)

VS.

Baltimore Yellow Trading Stamp Company.

ORDER OF MAY 14, 1912.

It is ordered that the rule awarded against Baltimore Yellow Trading Stamp Company on the first day of May, 1912, be dismissed at the cost of the defendant.

CASE No. 327.

Commonwealth of Vriginia, at the relation of the Washington Virginia Railway

Company,

VS.

Washington and Old Dominio” Railway Company.

ORDER OF MAY 25, 1912.

Application by petition in writing having been this day filed before the Commission by R. W. King, general manager of the Washington Virginia Railway Company, to inquire into the necessity for a certain proposed crossing of the lines of the Washington Virginia Railway Company by the proposed line of the Washington and Old Dominion Railway Company near Lacey station, in Alexandria county, Virginia, as well as all matters pertaining to its construction and operation, it is therefore ordered by the Commission that work on the said proposed crossing be suspended until the twenty-fourth day of June, 1912, so as to give the Commission the time necessary to make such inquiry. And it is further ordered that a copy of this order, together with a copy of the petition this day filed, be served upon both companies and when so served shall constitute the notice required by the statute. It is further ordered that the defendant, the Washington and Old Dominion Railway Company, shall answer such petition within fifteen (15) days from date of service of notice and petition upon said company.

ORDER OF MAY 28, 1912.

This day came the defendant corporation by its attorney and filed its swer in this proceeding, and it is ordered that the hearing be set for Tuesday, ne 4, 1912, at ten o'clock A. M. in the court room of the Commission, in the y of Richmond, Virginia.

ORDER OF JUNE 4, 1912.

This day came the parties by their attorneys, and the evidence having 1 partly heard, it is considered by the Commission that Mr. E. T. D. Myers, an expert engineer, be employed, his compensation to be paid equally both companies, to examine, together with Mr. C. A. S. Sinclair, chief ineer of the Washington Virginia Railway Company, and Mr. Bundy, ef engineer of the Washington and Old Dominion Railway Company, the location, plans, specifications, appliances and methods proposed to be employed by the Washington and Old Dominion Railway Company with reference to the crossing referred to in these proceedings; and he shall make report to the Commission.

All other questions are reserved.

ORDER OF JUNE 10, 1912.

This day came E. T. D. Myers, Jr., expert engineer, and filed his report made in obedience to the order entered herein June fourth, 1912, and the said report is hereby ordered to be made a part of the record in this proceeding.

ORDER OF JUNE 20, 1912.

This cause came on this 20th day of June, 1912, to be heard on the petition of the Washington Virginia Railway Company and the order entered by the said Corporation Commission on May 25, 1912, and the answer of the Washington and Old Dominion Railway Company to said petition, and the testimony taken before the Commission on June 4, 1912, and on the

report of E. T. D. Myers, Jr., an expert civil engineer, appointed by the Commission to examine and report as to the best manner and method in which the said proposed crossing should be constructed, and also on an agreement entered into on the 10th day of June, 1912, by and between the Washington Virginia Railway Company and the Washington and Old Dominion Railway Company, which agreement was this day submitted to the said Corporation Commission and ordered to be filed.

On Consideration Whereof, the Commission, by agreement of parties, doth adjudge, order and decree that the controversy in this cause be, and the same is, hereby settled finally as follows:

(1) That the order entered by the Commission on May 25, 1912, enjoining and restraining the Washington and Old Dominion Railway Company from proceeding to construct a crossing over the line of the Washington Virginia Railway Company, at or near Lacey Station, Alexandria county, Virginia, until the 24th day of June, 1912, be, and the same is, hereby modified as hereinafter set forth.

(2) The Washington and Old Dominion Railway Company is authorized to construct at its sole cost and expense, and perpetually maintain in good order and safe condition, an overhead, non-grade, concrete and steel crossing at the point involved in the said proceedings before the said State Corporation Commission in the State of Virginia, in accordance with the plans and specifications which shall be submitted to and approved by the Washington Virginia Railway Company, or its authorized engineer, to the end that the said structure shall be erected and maintained in all respects in accordance with reasonable requirements of the Washington Virginia Railway Company, looking to the safe and convenient operation and maintenance of its line of railroad, and the said crossing shall be completed within eight months from June 10, 1912.

(3) The Washington Virginia Railway Company is to allow the Washington and Old Dominion Railway Company to depress its (the Washington Virginia Railway) tracks at said crossing not exceeding five (5) feet, all costs of said depression to be borne by the Washington and Old Dominion Railway Company, and all work to be performed by it with as little inconvenience as possible to the operation of the Washington Virginia Railway, in accordance with plans and specifications approved by the Washington Virginia Railway Company or its authorized officers, so as to secure a practically level grade over the point of crossing eight hundred and fifty (850) feet eastward and running westward, returning to the present grade at a grade not exceeding two per cent. (2%), and a clearance of at least sixteen (16) feet from the top of the Washington Virginia Railway Company rail to its trolley wire shall be given. In the event of depression of these tracks interfering with the grades of county roads or private crossings, the grades of such roads or crossings are to be made to conform to the grade as altered hereunder, and the same to be left in equally as good condition as at present.

(4) In consideration of the agreements of the Washington and Old Dominion Railway Company to construct said overhead non-grade crossing, it is permitted and allowed to forthwith install, maintain and operate, for the period hereinafter stated, a temporary grade crossing at the crossing involved in this proceeding.

(5) Pending the completion of the non-grade crossing and during the operation of the grade crossing as provided in this order, the Washington and Old Dominion Railway Company is ordered to keep a watchman, satisfactory to the Washington Virginia Railway Company, at said crossing at all times during the hours the cars are operated over said crossing by either company, to protect and guard against accidents thereat, said watchman to control and handle the traffic over said crossing, but the Washington Virginia Railway Company cars are to have the right of way at all times.

(6) The Washington and Old Dominion Railway Company is made responsible for any and all accidents and personal injury claims, and claims for all damages of every kind, character and description asserted against the Washington Virginia Railway Company arising from or growing out of accidents or casualties of any kind, occurring at or near the said crossing, or on the lines of the Washington Virginia Railway Company where its grade is changed hereunder, during the time that the said changes are being effected or said grade crossing is operated, and the Washington and Old Dominion Railway Company is required to indemnify and save harmless the Washington Virginia Railway Company against or on account of any such accident, casualty or claim during the time such non-grade crossing is maintained.

(7) The Washington and Old Dominion Railway Company, in accordance with the terms of said agreement of June 10, 1912, has executed to the Washington Virginia Railway Company a bond with surety satisfactory to the Washington Virginia Railway Company, and in a penalty of one hundred thousand dollars ($100,000), conditioned for the faithful performance of all the terms and conditions on its part to be performed under the contract between the said companies, bearing date the 10th day of June, 1912, and provided for in this order, and the same is hereby approved.

(8) It is ordered that all wires, including all transmission and telephone wires of the Washington-Virginia Railway Company which will be required to be changed in accordance with the terms of said agreement of June 10, 1912, are to be changed and altered at the sole risk and cost of the Washington and Old Dominion Railway Company, and all such wires except trolley wires are to go over the overhead crossing hereby provided for, but under the high tension wires of the Washington and Old Dominion Railway Company.

(9) It is further provided by agreement of the parties that time is of the essence of said contract of June 10, 1912, and that the sum of fifty dollars ($50) per day shall be paid by the Washington and Old Dominion Railway Company to the Washington Virginia Railway Company for each and every day, or fraction of day, that the said temporary grade crossing is used or not completely removed after the 10th day of February, 1913, at midnight, as compensation to the Washington Virginia Railway Company for the use thereafter of its right of way at said crossing for the purposes of a grade crossing. Delays due to legal proceedings, acts of God, or matters beyond the control of the Washington and Old Dominion Railway Company are excepted.

(10) It is further ordered in accordance with the agreement of the parties that the abutments to the crossing mentioned in said agreement of June 10th, 1912, and this order, shall be erected clear of the right of way of the Washington Virginia Railway Company.

(11) It is further ordered by the Commission that all of the terms of said agreement of the 10th day of June, 1912, as entered into between the Wash