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Claim, Utah-Idaho Sugar Company - Ho. 26770, U r, H. C. Nutt, General Manager, August 29, 19X2. Bear S ir: I have your le tte r of August 22nd submitting papers in the above claim. The adjustment of claims fo r loss under the provisions of the t a r i f f in question is an old and vexed subject. , I find by reference to Judge K elly1s f i le s that this subject gave rise to lengthy correspondence in connection with certain claims presented Hjf the American Smelting and Refining Company i and that in 1910 adjustments were made with this company fo r certain claims, on the basis, however, that the mine weights were in fact erroneous. I understand that a thorough investigation has been made by the claim department of the claims under consideration; that Mr # Hussey adiui cs uhai in two instances the mine weights are erroneous and that he is agreeable to making settlement on these particu lar claims. In respect to the other claims it would'appear that they are not based upon the fact that the weights at the mine were necessarily erroneous. r . Morris, in his le tte r to Mr. Wann of date August 8th, says: «As I explained to you, a l l our coal is weighed ®ery carefu lly and we have spared no means in order to Seep our scales in proper shape, and unless your inves­tigation reveals some erPoiffijr^ s h lp p e r1 s weight, which, I understand, is obtained fy Western Railway Weighing Association, jre can only assume that the difference in weights at es%i end represents lo ss or p ilferage in tr a n s it«" In other words, x c would appeax tnat the claims are based upon the ground that the difference in weight establishes the pi’esumption that the coal must have -been lo st in tran sit, I cannot concur In this conclusion, as i t leaves out of con­sideration matters of evaporation, etc. In my opinion, where after investigation there is su fficien t evidence to ju s t ify the conclusion that there was error in the mine weights, of where, by reason of wrecks, leaks