The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-01-17
THE FREIGHT ON COTTON.
TIE rum TEXT OF JUDGE MACK
EY'S JtECE.iT DECItIEB.

u Review of tho Usage Of South Carolina
Corporations With Regard to Cotton--The
Railroad Companies Hnvo Themselves
Il Established n Usage from which They
Il Cannot Now Escapo--Thc Thirty-Ponnds-
q to tine Cubic-FoOt Theory--Tho Respond
8 'ent EnJoined from Charging Oh Cotton as
an "Article Of Measurements"
i The following is the full tcxt of
sJudge Mackcy's decree in the proceed
ling roccntly brought by Railroad Com
[pissioncr Bonham against the Char
lottc, Columbia and Augusta Railroad
Company, to restrain that corporation
8rom charging freight on cotton rs an
ttGrticc of measurement" and to COM
pei tho Companyto charge OH the same
as q sthoaVy articlc":-
On the .a5th day Of November, 1870,
thc Rclator herein filed his petition
rcciting his appointment as Railroad
commissioner of the State of South
HCarolina, pursuant to all "Act to
3crcate Railroad Commissioners and
Ito define his dutics' approved Dccem-
EEber "a, 1879. The jtclator therein
shllcgcd, inter aMN, that III said official
seapaoity, he notified the Charlotte, Co.
I humbia and Augusta Railroad, Oh the
9I3ist day Of October, 1879, that, in his
Judgment it was engaged in violating
Its charter, by charging for the trans
Jportation of cotton in bales al anft'ht
En excess Of the rate of fifty cc,Ss per
lhmdred pounds for each one !M'l!rcd
miles, and that the said Comti'I, since
&the receipt Of said notice. mad contin-
hIcd to cIaroc such excessive rate.
The Rclator, tllercfre, prayed that
rule should issue % the said Com
MANY TO show car6 why an injunction
thoT,d not issuo prohibiting and res
tro;nino # from further continuing to
.,;r,,to Tho nrms of, its>, charter III the
6maxHnrs set forth ilEthc~ said petition.
a ruIc was accordingly issucdby nc,
IeCurnablc on the 9th dBy of Dccenl-
ber, 1879. Tho Respondent, IN return
= Ito the rule, denies thatit has violated
its charter in regard b the rates Of
toll charged for the transportation of
merchantlisc, and admits as true that
ut has charged rates exceeding fifty
tccnts per hundrcl pounds for each
e9undrcd miles, OH c6ton in bales, but
kdelllcs that such ratS arc not allowed
kby its charter. Tht the matter in
Tissue is a legal quesion arising upon
Ithc construction of Section X. Of it's
tcharter, upon tile determination Of
(which depends the hight ofltcspondent
70 charge on cottor III bales by weight
Tor measurement. That tho Respond
lent claims the right, under said Sec
kGon, to charge on cotton in bales bv
measurement, anddoes so charge, and
Tits charges, SO gadc, are less than
kffteen cents per Jubic foot for every
HUNDRED miles, and alleges that such
Charges are authorized by its charter.
That at the September Term, 1879, Of
f.xhe Court of Common Pleas for the
fCounty of Fairfield, cause entitled
(St'F. Elder & @. VS.. The Charlotte,
RColumbia e Augusta Railroad Com
(pany," was tried before his Honor
William II. Wallace, presiding Judge,
which cause cnvolvcd precisely the
same legal question which is involved
In this proceeding, and Judgment was
therein rendered in favor OF this Re-
|spondent, sustaining itsright to charge
for the transportation Of cotton in
bales by measurement. That said
tjudgmcnt wss appealed from, and such
is now on the docket Of the
bSupremc Cpnrt for hearing at an early
day. Thatsaid appeal will determine
ti,c issues nised In these proceedings,
Spf if the Judgment of the Circuit
ICourt is sustained, then the injunction
prayed fog conld not be righttuIly
E granted, While tho reversing OF said
Judgment you'd be Immediately fol-
Igfowcd by I compliance by the Re-
|sspondent With the law rs adjutlgcd.
'SSand an ilhlnction be unnecessary.
grhat shouldsaid Judgment be reversed,
sro injury anl much less no "irrcpura-
Sblc injury" Will have been done ship
$pers, for tieisthe Respondent will i'm
\ medlate!y relay, or can be forced to
repay, all in excess OF the legal rate,
while should said judgment be sus-
tanned, and tho injunction now prayed
Tor have been granted and of force in
the mcanwhilS the Respondent will
have suffered iHeparable injury, as its
loss OF its Legal charges camnot be
recovered by any process of law, and
the petitioner ili these proceedings can
not be made to give an undertaking to
make good such loss. That a state
mcnt of the facts of the cause tried ut
Fairfield Court House is sct forth in
printed pamphlet herewith filed, in
foiios l., z, 3, 4 and 5, and the decree Of
Judge Wallace is also set forth in said
pamphlet, together with the rates
SI!li Scu ott cott0n Ill DnlcS now and
Ssincc tho first day Of October last, all
which matters in said pamphlet con-
Staincd and referred to, arc made part
SQf this return. Wherefore, Respond
ant prays that the petition be dis
{missed and the rule discharged.
If Before proceeding to determine the
Mgsssucs issue herein, it is proper for. me to
SESnsidcr so much of tho eturn as sets
MYTH that tho very questions involved
EaExthis proceeding have recently been
in tho Court Of Common Pleas
9 Fairfield County, and that an appeal
4Snow pending from that decision in
Bttkc Supreme Court of tho State. fail
StW perceive any merit in this statement
EaS a ground for discharging the rulo II,
lie case under consideration. Tho
Syase Of Elder & Co. VS.. INC Charlotte.
Efolumbja & Augusta Railroad Com
S5,any, was an action brought by, lie
SSlaintiffa to recover tho sum of
III 20 which they alleged the defend
Ant exacted and received from them.
9tn excoss Of the legal charge for freight
on ten bales OF cotton from WinnsborO
tp Charlotte, North Carolinu, dis
n