"Tap Line Case" Summary of Bernice & Northwestern Railway  
  Abstracted from "Tap Line Case", published in Decisions of the Interstate Commerce Commission, 23 I.C.C. 277, 23 I.C.C. 549, and in Decisions of the United States Supreme Court, 234 U.S. 1.  

BERNICE & NORTHWESTERN RAILWAY. The Bernice & Northwestern Railway Company is controlled by the interests that own also the Bernice Lumber Company and the Dubach Lumber Company, and the three companies have the same principal officers. Each of the lumber companies has a mill on the tap line.

The Bernice & Northwestern has two separate tracks. One was constructed by the Bernice Lumber Company in 1902, for bringing the logs to its mill on the Rock Island in Bernice, and extends for a distance of 15 miles to a point known as Summerfield; beyond Summerfield there are 9 miles of unincorporated logging track of the Bernice Lumber Company. The other section of the tap line connects with the Rock Island at Dubach, and runs for 11 miles to Cunningham, where a connection is made with the unincorporated track 9 miles in length used by the Dubach Lumber Company, whose mill is also on the Rock Island, at Dubach. The tap line has 3 locomotives, 4 flat cars, and 64 logging cars. It was incorporated in 1908, for the purpose, as is admitted, of getting divisions.

On each of the sections of the tap line the logs are loaded by the lumber company and hauled over the logging tracks to the junction with the incorporated line. They are then taken by the tap line to the mill for a charge of $5 per car, which is subsequently re-funded by the tap line when the lumber is reshipped.

At both mills the Rock Island spots the empties and takes away the loaded cars, so that the tap line performs no service with respect to the manufactured lumber. It receives, however, an allowance from the Rock Island of from 1 to 4 cents per 100 pounds on lumber. There are no regular trains on either division; and the tap line does not carry passengers. Its total freight traffic for the year 1910 was 86,611 tons, of which 72,388 tons was lumber for the con-trolling interests.

Text and images were digitized and proofread from the original source documents by Murry Hammond. Contact Murry for all corrections, additions, and contributions of new material.