The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1891-09-09
TARIFF FOR COTTON.
IMPORTANT ACTION OF TIE Rail-
ROAD COMMISSION.

lima and c., \. s. L. Roads "A Fertilizer
Tariff Conference Called.
COLUMBIA. S. G., Sept. 3.-The
State Board Of Railroad Commissioners
was in session all day yesterday and
again last night and the meeting was
certainly the most important that the
board has held in some months. Among
the results of the meeting was the fix
ing Of standard tariff on cotton and
call for conference with the phosphate
manufacturers in regard to fertilizer tar
ifs for next season.
The board met at their Office in this
city yesterday morning and at once be-
gan hard days work. The first mat
ter considered was that of the freight
tariff Of the South Carolina and o.uu-
bia, NewberrY and Laurens railroad.
BY invitation President w. G. Childs,
OF the Columbia, Newberry and Laurens
road, and General Manager G. NJ. Ward,
of the South Carolina, and their attor-
ney, Joseph W. Barnwell, Esq, were
present, as was also Attorney General
Pope, IN behalf OF the commission. The
question was as to the requirements of
Section l443 OF the General Statutes in
reference to the leasing Of railroads and
providing that when two roads COM
bined the shorter and longer hauls were
regulated by law. That is, to say, the
leasing road had authority to make the
tariff uniform. Through Mr.. BarnWell
the railroad men admitted that this was
a correct Interpretation Of the law, but
asked the commission to so construe the
proviso Of the act OF 1887 as to place
the matter in their discretion conjointly
with the railroads concerned to make
separate tariffs for the roads. In other
words, the South Carolina officials
wanted to retain the tariff already fixed
by them on the Columbia, Newberry
and La1rens Road.
The Attorney General orally an
nounced his opinion, which IS embodied
in the following opinion be subsequently
handed to the commission.
The opinion is addressed to "Messrs.
D. =. D2ucan, chairman; E. 2. Jervey
and H. r. Thomas. composing the rail-
road commission of South Carolina. Co
lumbia, S. CO., and reads as follows:
GENTLEMEN: I herewith give you
my opinion on two questions submitted
to your commission:
l. What IS the effect Of the lease Of
the Columbia, Newberry and Laurens
Railroad by the South Carolina Rail-
way, in view of Section l443 OF the Gen
eral Statutes, so far as the regulation Of
freight on leased roads is concerned?
Unquestionably the section in ques-
tiou requires that leased road shall be
operated and controlled so that it shall
charge or receive no greater compensa-
ton for carrying, receiving, storing, for
warding Or handling articles Of the same
oh ,racter or description for shorter
than longer distance for one continu.
ous carriage; and such construction of
the section in question is admitted By
the railroad authorities here concerned.
2. Does the proviso appended to Sec
ton l443 OF the General Statutes by act
of 1887, amerdatory thereof, authorize
the railroad commission of this State,
in their discretion, conformity with the
said corporations, to fix different rates
of toll in compensation for freight traffic
on each Of said hitherto independent
lines or divisions?
In my answer to this question I state
that this section of the general railroad
law of the State deals with the subject
Of rates freight traffic on one continuous
line, so as to prevent a greater charge or
compensation Tor a shorter than longer
distance, and directs that Contract by
lease OF otherwise by one railroad OF
another, shall so operate as to make the
two or more railroads one continuous
line; and the Section as foundi in the
General Statues remained without altera-
ton fro.. 1882 to 1887. But during the
latter year the general assembly added
a proviso to that section that reads as
follows:
''Provldec, further, That il one cor
poration shall use, operate or otherwise
contrsl, wholly or IN part, several lines
or divisions OF hitherto independent
railroads, within the State, the commits
sion may, in their discretion, fix differ
ent rates Of toll Or compensation for
freight traffic on each of the SAID hitherto
INDEPENDENT lines or divisions"
BY this amendment the general as
sembly Of this State have so changed
the powers of your commission that it
is perfectly legitimate for you to so act,
bearing in mind, however, that the pro-
viso does not direct your commission to
so act, but simply vests You with dis
cretionary powers in the premises. Very
respectfully, Y.J. POPE,
Attorney General.
No final action was taken by the
board.
STANDARD COTTON TARIFF ADOPTED.
The matter of fixing standard tariff
on cotton which shall govern all the
railroads in the State was discussed all
the afternoon, and in the evening the
board adjourned without having reached
any conclusion on the matter, being Of
so much importance. Last NIGHT, how
ever, another meeting was held, and it
was decided SO fix a standard rate in
order to adjust the cotton crop for the
present season. At the conclusion of
the meeting last night Chairman Dun
can. OF the board, said: we have de-
cided that we will adopt standard
tariff far all roads doing business in the
State. but I cannot yet say what it will
be. Heretofore there has been separate
tariff for each road, and the adoption
of this means the equalizing Of the rates
to ali points in the State-the putting
of all on an equal basis. twill reduce
the tariff on some roads very consider
ably"
A FERTILIZER TARIFF CONFERENCE.
During the morning the matter OF
Phosphate or fer .ilizer and cotton tariffs
was taken up. 4 committee from the
10 ('nr, ,>n,,u f.OpeIS11nO a.