The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-02-11

COMMUNICATION FROM TIE NTro.NEV-GESERAL.
OFFICE OF THE ATTORNEY :SEHAL,
COLUMBIA, $. c., February 4, 1870
To Hon. c. r. Leslie. Chairman &nate Coa'Assf-
SIRSl have been for several days in receipt OF
Your official note referring 10 ME for my auVice
and opinion certain papers coanccted WIN 'iS
charges made by George Alden. metGhaat Oi
Camucn of unlawful and oppressive cuiicctlonS
for freights by the South Carolina haisFoa" |oA''
pany. ..;
BILE rnument, To reply TO your Eote, au esl,Scia!H
10 YOU: inquiry whether the General Assembly can
properly take action, and II so, what action Ill
relief OF alleged grievance?
The acs OF 1895 section 20, provides "That the
said company shall nave the exclusive riGht oi
TRANSPORTATION. conveyance 0! persons, goous,
merchandise and produce over the said raliroaa
and It's branches, b. them constructed: P.oVi-
dcd the charge of transportation or conveyance
shall not exceed thrty-ive cents per hUndrcn
pounds on heavy articles. AMI ten cciiis per Cuoc
foot on articles Of measurement Tor every nuu-
tlrch miles, AID I've cents iE:!e Ioi e'ei9 i"S
Tuis proposition is in full force rs far as relates
to the Camden branch Trough ot!crW.sc SOME
what changed. II the facts set l0rth III Mf ~.
denis statement arc correct, tile lrelTht palu Ny
him TO the South Carona Railroad company LOT
TRANSPORTATION OF goods from kin@vllle to Cam
den. distance OF about tmrtY'Se'en mics, are
greatly beyond the limits fixed by the act: ana IL
seems from o careful examination ol inc iacts
| furnished, tha. these charges. IN violation OF the
above restraining proTisn, are not acclden'al OF
occasional, hut are measura3y nniorin ahu Ioriii
part OF u system. Thus, The rate paid by Mr; Al
| den per hundred pounds, per hundreu Miles,
| seems to have varied from about SlS!S-el"it
cents to two dollars, nstcad OF thirty cehls.l
vet the most genera, rate Will he Iouiu, upon IT,
vsinr rhe calculations to be about ninciy.hve III
| lien OF thi-ty.iive cents. The maximum prescribed
| by charter. lndeg'. the charges SHOWN py llilS
statement are invariably greatly III excess 0l tie
legal limit when the weight IS glven anu whch IL
r;p, ,,-.if OH
timore to Kingville, the gross disproportion 10
the relative distances indicate still overcharGe.
Thus to take few of the last items OF tile state
ment for illustrations:
Kinpyille cost 81 05 while the same articles from
| kinSville to Camden cost 81 49,
November 25-3 barrels sundrics from Baltimore
to Kingville cost SO H. While the same ar'icics
| from Kingvillc to Camden cost SIS %.
| November 29-2 barrels SundrieS from Baitlmore
to Kincvillc cost Sc Of, while the same articles
from Kingville 70 Camden cost So 5o. n.,.,,.o
| December lS-S barrels Sundrles from Baitl1lore
| to Kingvilie cost S2i 80, while the same from
Kingville to Camden cost S22 ,,.,
| December 3O-l box merchandise from Balt-
more 10 Klngville cost 50 cents: wnlle Tie same
| from Kingville to Camden cost 50 cents.
| January S, lS10.-l piece aud bar casting from
| Baltimore 10 kingvllle cost 36 cents, whiie inc
| same from Kingvllle TO Camden cost 80 cents.
| In these cases where the disprOporlon is great
| est In general no weights are furnished but the
| conclusion that the limits are greatly eXceeued
may be vcry safely drawn from such fact.
| The statements, however, nut &c pare sno"
| ing and while 1t exhibits primo Jcce Z State ol
things Calling for Investigation, cannot properly
| form the basis OF any definite action by the Geil-
| eral Assembly. Indeed, the question rs 10 tHc
consequences Of such violations, as well as IniiI
| rs 10 Their actual existence belongs TO the jil-
l,icial department of the government: anu VIC
most that can he done by The General Assembly,
in accordance with precedent, IS BIZ the adoption
| of n resolution, or in some other mode, TO luc;ie
| IN the Attorney General their Will that proceed
ings be instituted in the courts on behalf oi tue
State.
As measure intended to prevent the recnr,
| renee Of such violations imposed by the general
| Assembly in the matter OF Ireignts and tolls, anu
similar charges, have prepared 0ill, willch l
take the liberty herewith to transmit TO you LOT
such use rs you may determine TO he proper.
| | am, sir, your obedicnt servant,
| D. II. CHAMBERLAIN,
| Attorney General.
A E,,L TO PROVIDE REMEDY AGAINST CHARGES
pGl TRANSPORTATION, CONVEYANCE OR TOLL IN
| EXCESS OF LIMITS PRESCRIBED DS STATUTE. AND
| TopECIARE TIE PROPER CONSTRUCTION THEREON.
Whereas, 1t Is properG to protect the public
against the cupidity OF persons, natural or srtih
cial, to whom the General Assembly nave gwen
exclusive rights and monOpolies, and for such
purpose OF public protection have prescrioeu ny
act OF Assembly limits to the charges to DC made
and received by such persons; ana whereas, IL
| may be pretended that doub:s exist touchlnG the
construction Of such acts in certain particulars;
therefore, c.
House OF Representatives OF the State OF Soutl
CAROLINA now met and sitting in General Assem-
blS. and BY the authority Of the same, That wherc
,tic rate Of transportation. or conveyance or Toll,
Us prescribed In act OF Assembly by Designation
or specification of certain weight SIZE auu a,s,
| lance or either OF them, the said act shall ne
deemed and construed in oil cases TO apply inc
proportion thus indicated to all less welgnts,
sizes and distances, and to all parts anu lrac-
tiOns OF these SO named in said acts OF Assembly
| respectively.
SEC. Q. That from and after the passage OF this
act, any sum Of money paid IN excess OF q raie OF
n2arintuD, rate prescribed or limited by IN act ol
Assembly Of the said State, for the transportation
conveyance. or toll OF any goods or produce, or
any persons passengers, or animals, Shall oc hcli
to have been eNtorted. and may be recovered Dack
by the person paying the same, tosether VIII III.
tercst thereon Mt the rate Of hve per centum per
month. in an acti II for money had and received,
and that in snid action no defence ol, or IN the ma
iure OF voluntary payment, shall avail: Provided.
That nothing hereing contained sI, nc ri,n IG,ey
or constituted TO Superce e or dispense WITH any
remedy now existing, by civil, criminal, or quasi
criminal proceeding.
The bin and iont resolution were ordered to
be printed and presented lor consideration TO-
| morrow.
pEHELICT ESTATES.
The bill introduced in the Senate to-day BY
Hoyt Ito vest in the clerks OF the court all the
rights. powers and duties conferred upon the
late commissioners in equity, by the ACT OF
December 2lst, 1870, entitled an actto provide
for the administration Of derelict estates,
provides that the clerks Of courts be vested
with the rights and powers Of the late com
missioner, anu that the last provision OF the
first section OF said act, to wit: That the
whole value OF said estate shall not exceed the
value of five thousand dollars, be repealed,
provided that nothing in this act shall be con-
strued RS conflicting with an act entitled AN
act to designate the officers by whom sales or,
tered by the Courts of Common Pleas ana
Judges thereof, and the Courts Of Probate be
be made ratified the 2lst day oil January,
1870.
STRAY ITEMS.
Officer S. ]. Coates, of Charleston, arrived
this morning. and recognized &. ": Martin,
(who was arrested here for committing bur-
slaries in the Columbia Hotel,) as q regular
hotel thief. To-day Martin acknowledged that
he committed the burglarics.
The reception at Dr.. 4. &. Mackcy's last
night was, it is said, the best OF this season
eclipsins those given by the Governor, Judge
Willard, and others No co!ored persons pres
cnt excepting buffers, &c. L.
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AFFIIRS IN ANDERSON.
CoUrt-Snlcs-Oay-P and FeTtI-