The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-09-06
MAY co TO TIE COURTS.
Railroad Men and Factors Determined
Not to Yield.

Factors Say They Will Be Sued Before
They Pay the Cents Charge for
Something They Don't Get-They
Charge a Buyer With InstigatinR the
Movement on the Part of the Rail-
roads-The Railroads Have not
Withdrawn the Circular.
The difficulty between the railroads
and the factors growing out of joint or
der issued by the Savannah, Florida and
Western, the Central and the Gordon
wharf demanding the payment of the
rolling charge of 3 cents on rosin and tur-
pentine at the time the product is stored,
is creating no little comment, and if the
railroads remain firm in the stand they
have taken the question will be settled
only in the courts.
The factors are unanimous in the stand
they take, and they all say they posi-
lively will not pay the charge which
they consider an unjust one, and one
which is not due until the rosin or tur-
pentine is removed for shipment, when it
becomes the property of the buyer, and
the charge consequently falls on him.
One Of the factors stated the position
they have taken, as follows:
THE FACTORS ARGUMENT.
The railroads want to force us to act
as agents in the collection of charges,
which, properly speaking, should be paid
by the buyers. Under the ruling of the
railroad commission of Georgia common
carriers are not allowed to charge for
discharging naval stores from their cars.
n git i'm 4
the dual position of common carriers and
public storers. AS they are not allowed
under the rules of the railroad commits
sion any compensation for unloading cars,
and as the contents in this case are un-
loaded into the yards, and as they are
public warehousemen for their own con
venience, they must park the rosin and
store the spirits of turpentine in posi-
tions which would best suit their con-
venience. No charge consequently inures
TO the storage company until after the
rosln and spirits of turpentine is placed
In the proper position in the yards and
under the sheds. Under this view of the
case the first charge which the public
warehouse can make rightly and prop
erly is the item of storage.
THE board of trade rules provide that
all deliveries of turpentine and rosin,
when not otherwise specified, shall be in
the yards, and when the receiver of naval
stores makes a sale to buyer, he delivers
the stuff exactly in the position it occu-
pies on the yard. Right then the re-
Ceiver's responsibility to the storage COM
pany ceases, and any other expenses at
tendant upon the removal of the spirits
or the rosin is one which should be ad-
Justed between the buyer and the storage
company.
WILL FIGHT IT IN THE COURTS.
Ind l1o Of - 4
mission, transportation companies have
the right to charge for loading rosin and
spirits on board their cars, and this pro-
vision carries out the idea that, as the de-
liveries are made in the yard, the storage
companies have the right to charge the
buyer for services performed in his inter
est just in the manner that railroad COM
panies are paid for their services in load
ing cars"
This is summary of the contention
made by the factors, and the railroads on
the other hand hold that they have the
right to collect this charge of cents per
barrel for rOsin and spirits for rolling at
the time it goes into the yard and the
first months storage is paid They hold
that this is a part of the storage charges,
and it seems that they will make an effort
to collect them, with what success if the
effort continues will remain for the
courts to decide, as one of the strongest
factors stated yesterday that if the
charge was inforced he positively would
not pay it but would let the railroad sue
it and see what the courts had to say
about the matter.
CHANGE MADE BY THE FACTORS.
1t is claimed by the factors that one of
the buyers is the iustigator of this action
on the part of the railroads, because the
expense was one which he wanted
to get rid of They are very rnurh
put out with the position the railroads
have taken and they say it will amount to
nothing more than a tax on the producer
if the charge can be legally collected
which they do not believe to be the case
They say the railroads seem to expect
them to collect this charge from the
buyers to whom they sell, when, as
matter of fact, it would be impossible to
do so unless it were collected by the rail
roads a the time when the work is done
after the stuff is sold. 1t is believed that
one, at least, of the companies will not
hold to the demand which has been made
on the factors.