The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-01-17
EDTTTON. WTNNS

hundred miles,"
1Ylis clause of lis charter is
con ftrucd by the Corporation Re-
spSndcnt, as authorizing it to charge
tof the transportation Of cotton com
pltSscd in bales u rate not exceeding
lify cents per hundrcdpounds for each
hundred miles, holding that such cot
tfn as packed in the ordinary hand or
lprsc power presses Of the country is
t. be classcd as al article Of measure
Slcnt, and not as a heavy article, and
Is therefore subject to freight charge
pot exceeding fifteen cents per cubic
foot for every hundred miles. The
Respondent has therefore charged
upon such bales rate of toll in excess
OF fifty cents per hundred pounds for
each hundred miles and claims tho
right under its charter to increase its
| rate upon the same to the limit of
fifteen cents per cubic foot for the
said distance. The difference in the
amount Of tolls effected by such classi-
iication may be illustrated by the
instance of bale Of cotton weighing
AGO pounds and containing 35 cubic
feet. If charged rs Il heavy article, t.,
the full limit Of the charter rate, the
freight thereon would be $3.50 per
hundred miles, while if charged rs ali
article of measurement, the Company
may demand the sum of 1925 for
transporting it the same distance.
In support Of its view the
Respondent submits that the bale
instanccd would weigh less by q frac-
ton than fourteen pounds to the cubic
foot, and would thus sooner exhaust
the cubic capacity or inner area of tho
box cars used in transporting this class
of freight than articles Of less bulk and
greater specific gravity weight, And
hence to classify such bales as heavy
articles would be detrimental to the
interests of Respondent, as the weight
capacity of the cars is generally 20 900
pounds, while twcl.t tx Of such bales
would exhaust the cubic capacity of a
box car although agyrcgating only
l ! 900 pounds. The Respondent urges,
therefore, that the trueilltcnt and mean
ing OF its charter are that articles
weighing less than thirty pounds
to the cubic foot may be c:asscd as az
ticlcs of measurement, while articles
of thirty pounds or more to the cubic
foot are to be classcd as heavy articles.
IT is further contcnded that the practi-
cal effect Of this formula will DC to cs-
tablish uniformity in the freight
charges upon all articles, as the maxi
mum charge upon an article charged
by weight at the rate of fifty cents Der
hundred would be fifteen cents for
thirty pounds, while at fifteen cents per
cubic foot, the standard Of specific
gravity being thirty pounds to the cubic
foot, the charge would amount to the
same. 1t is further submitted that
this standard Of classification will best
give effect to the legislative intent, MS
expressed in tho charter, by harmonic
ing the rates oftoll Charged, alike with
the weight capacity and the cubic
capacity of the cars provided bv Re-
spondcnt for the transportation of
ficig,,ts.
l have thus given the salient points
in Respondents argument as unfold
ing tho grounds on which rcposcs it's
assumed right to rate cotton in bales
rs articles OF measurement. The tlco-
~ presented might be deemed tenablc
if the Respondent were private indi-
vidlal engaged in the carriage of
freight, or if the question we've whcth-
CT tho freight charged for the transpor-
tation of cotton in bales was Il reason
able rate. In tho former case the pri-
vatc carrier could not be subjected to
any restrictions, save those imposed
through considerations sclt-intcrcst.
induced by the fear of competition or
otherwise, willie in the latter, the basis
Of classification would be immatcrial.
as the rcasonablcncss Of the charge
would alone be at issue. But the Re
spondcnt is Il railroad corporation in
the enjoyment OF q highly valuable
franchise, granted by the State. This
franchise embraces not lly q right OF
way over wide and popuIous belt of
country extending over not less than
10 miles OF territory in length, and
l30 feet in breadth, wherein it was en-
powered for the purpose OF its road
construction to divcSt the ownership
OF property by compulsory sale after
valuation made, with tho free Gift ofall
lands ofthc State lying within sixty-flvc
feet OF said road. (See Act to chartc,
the Charlotte and South Carolina Rail.
road Company, passed Dec. IS, 1916
Sections IL and l8.) AS a considera.
ton for the valuable privileges with
which it has been vested, and the spc.
cial and exclusive rights conferred
upon it, this corporation has contrac.
cd to perform certain duties to tho
public which arc defined in its charter
which, as a safeguard for the public
imposes limits upon it's corporate pow.
crs to enforce the performance of those
duties. When corporation thus
richly endowed by the public is charg-
cd ny tho proper officer Of the State
with having violated its charter in &
matter that deeply concerns tho com
mon interests of the pcoplc whose:bcnc
ficiary tits, answers back with tho al.
gHmeHtuns ub binconueMienti, setting llr
It's own convenience, it can hope To sue,
coed in such ali issue only by prevail.
ing upon the courts to ignore both the
dictates Of right reason. and tho fun.
dnmcntal rules for the Interpretation
ofStatutcs. lii my opinion tho tern
"hcnvy articlcs'as used in the cl,artc,
Of tho Charlotte, Columbia and Au
gnsta Railroad Company was intend.
cd to include cotton compressed il
bales by the ordinary presses Of tho
country, Of tho usual form and weight
as thoy wcro known in the commercial
world at tho date of said charter. M,
reasons for this conclusion are as fol-
lows: Up to the date Of said cIlartc,
and for q period of more than thirt,