The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-01-10

! Doro. - -
From the Nows and Courier.
The Legislature, At tho lato session,
made another effort to put the custom
crs OF tho railroads in position to eli
force their right to tnr play and equal
rates, BY the Act in relation to
freight charges published to-day con-
sigices, in this State, can demand from
the railroad agent statement Of tho
freight chagcs, showing the proportion
to be pai,t to each road over which the
freight has passed. This will exhibit
t he difference, ifany, between the rates
charged on the different roads and be a
4 basis for proceeding to prevent un-
lawful discrimination. BY the same
Act tho railroads are required to settle
their freight charges according to the
terms. of the bill of lading from the
shipping point. This will prevent tho
delivering company from adding to tho
original charges, and from enforcing
any higher rate fixed after tho bill Of
lading was issued. For any violation
of the. Act the penalty is fine or impris-
onmcnt.
The loading or running Of any train
on Sunday, except such trains as carry
the United States mail, is now prohib-
tied by law. For each violation of the
Act the penalty is a fine Of not less than
$500.
Judge Mackey's order denying the
motion to stay Il final decree granted
by him to prevent the Charlotte, Co.
lumbia and Augusta Railroad from
charging freight on cotton BY measure
mcnt is also published. 1t is reitcra-
ted in the order that the cost Of trans
portution Of cotton operates as q tax
upon the producer, who, therefore,
suicrs irrcpnrablc injury from excess
siye and illegal rates Of toll charged by
Il Railroad Company, and the only ct-
ectivc remedy is by injunctit The
thanks OF every producer and dealer in
South Carolina are due TO the Winns-
borO merchants who have made so
bold and intelligent stand against dis
criminating rates. With regard to the
freight on cotton, Judges Wallace and
Mackey have delivered opposite opin-
ions, Judge Wallace holding that tho
Charlotte, Columbia and Augusta Rail
road Is authorized to charge by meas
urcmcnt, and Judge Mackcy TINT it is
not. The appeal from Judge Mackcy's
decision will be argued before the Su-
prcmc Court on the Goth instant.
Hitherto the Company seems to have
swung to and fro, charging by which
ever standard paid it best.
The Contract ofAugustn With tho Charlotte
Columbia and Augusta Rnilroad-Tlle DIS
crimina tion Clause Can the City Raoove,
Damages Now for Noncompliance?
From the Chronicle and Constltutlonalist.
At recent meeting of Council n pc.
tition rs follows was presented:
| 1{nnnI.sbJo II
6ers ofthc city CouUcu:
GENTLEMEN.-Fhc UNDERSIGNED. q
committee from the citizens and mcr.
chants Of our city, respectfully repre-,
sent to your honorable body that the
excessive charges and discriminations
in frcights OH the Charlotte, Columbia
and Augusta Railroad arc of such O
character rs to almost destroy tho bust.
ness OF Augusta Oh the limo Of that
road. Tho pres"nt management OF
that road being Interested moro cspc.
sally in tho business of Richmond, Va.
great tavoritism Is shown to shipments
from that city. We respectfully ask
your honorable body to investigate tho
matter with the view Of a possible rem.
edy, inaslnuch as the charter saws:
"Tho Columbia and Augusta RrailroaL
Company (the original Company shall
not have the power to enter within the
corporate limits of the City Of Angus,
ia with the said road, except upon such
terms, limitations and restrictions as
may be imposed by tho municipal all.
thoritics of tho city," Very respect.
fully, u. McCord, T. J. Bostic, John
W. Clarke, Geo. T. Jackson, Il. Dan.
iel.
The petition was referred to the
railroad Committee to report to tho
next regular meeting Of Council.
NJ the regular meeting Of the Conn.
Gil last Monday night the following
resolution introduced by the Railroad
Committee was adopted:
| Where0S, 1t has been represented to
the Railroad Committee of the CITY
Council and the Mayor, that the Char
lotto, Columbia and Augusta Railroad
hnve violated the contract entered into
with the City Council Of Augusta NOT
to discriminate In frcights against the
merchants and business of this city,
said contract entered into in 1867; be
1t therefore
Resolred, Tint the Mayor of the CITY
be and is hereby authorized to have
legal proceedings instituted against
said Charlotte, Columbia and Augusta q
kallroad In the sum Of $1,000 it be.
Ing tho amount of stipulated damages
agreed to be paid for violation of said
contract.
The following is tho clause of the
contract between tho city and the
Charl"ttc, Columbia and Augusta Rail,
road, executed in 1867, in reference to
freight discriminations:
And it is further covenantcd and
agreed that the Mayor Of the CITY OF
Augusta and his successors in office
shall be ec-oD9cio director of said
company; and it is further covcnanted
and agreed by the party ofthe second
part that there shall bo no discrimina.
ton IL tho local frcights received by
said Charlotte, Columbia and Augusta
Railroad Company as against the mcr.
camille or other interests Of tho citv q,
Augusta, but tho business of said rail.
road company in connection with the
city of Augusta and the city of Colum.
pin and their interests, shall be CON.
Quoted upon principles of perfect
equality. For tho faithful perform.
ance of this agreement and each of tho
n