The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-01-06

Question OF Fertilizer Rates
Opened Again.

attorney UeneIat OaIoo "oo '~
dered an opinion as to the power OF
the railroad commission in making
rates for the Charleston and Western
Carolina railway which will have a
far reaching effect, especially as the
fertilizer rates throughout the State
NAV have to be readjusted by gen.
eral reduction.
- Some weeks ago the Baldwin Fer
I 1izer company at Port Royal >pe'i-
ioned the railroad commission to put
|ln operation a straight mileage rate
lon it's goods passing over the Charles,
hon and Western Carolina railway in
hlace of the blanket rate now IL ef-
fect. If this was done the reduction
3 rates would be considerable. The
height to Spartanburg, for instance,
binder the present blanket rate is So
B0; under a straight mileage rate it
||Wc ald be 50 95. The commission,
before acting on this petition, refer
Fed it TO the attorney general, not be-
he sure that they had the power to
hct in the matter, as the goods In
Aansit would reach their destination
t,nly after passing through Georgia !;
hence there might be a clash with
khe interstate commerce commission.
Fhe attorney generals opinion
Eeads:
Columbia, Dec. 24, 1896.
Hon W. D Evans, Chairman Kali
road Commission
Dear Sir-The letter OF "Baldwln
Fertilizer Go - relative to the rates OF
freight for fertilizers on the Port
Royal and Augusta and Port Royal
md Western Carolina railways. now
opsolidated uuder the Charleston
ad Western Carolina system, refer
ed TO this Office, has had attention
The company claims that it Is en-
he'd 10 local rates under the contln
ous mileage for the fertilizers ship.
ca over the system The Charles:
,n and Western Carolina railroad
sus from Port Royal through Geor
: TO points in the upper portion OF
State, and as I understand the
nsention of the system is that
are engaged in interstate COM
Fee. and are exempt from rates
d for continuous mileage
fhlle the roads. as consolidated,
run for a few miles in Georgia,
when the transportation begins
ends in this State it is not in
state commerce
i Ia the case of Lehigh Valley Rail.
"a company vs. Commonwealth OF
upsylvania, Supreme Court Re,
er, vol. 12. p, so6 (1s92), it was
by the supreme court of the
led States; "The transportation
Eoods and passengers by contlnu
carriage from one point in a State
another point III the same State
not interstate commefce glthln
meaning of the Federal constlta~
b al bugh for part Of the route
: over G the soil of another State. "
The railroad commission, therefore,
the right to consider the Charles
and Western Carolina system as
continuous line, aud also the
her to fix rates by this railway
Gn points in this State to other
h to in this State. and to enforce
kpliauce, as yet it is not regula
kof interstate commerce. Yours
sru]v VIM. A. Barber.
Attorney General.
the railroad commission acts. as
opionion gives it fulI power to
the straight mileage rate on
Charleston and Western Car
a railway may be put into ei-
Should this be doae the ferti.
companies at Port Royal would
sve>aa.igamense advantage over the
har,eston companies !; SO great IN
eed that similar rates would have
be made for the latter city The
2ect of all this is immedia'el,y SEE"
keadjustment of the entire rates on
ilizers would have to be made,
Charleston would at last have
1t she has been wanting tor 50
= a-time, namely. straight mile,
rate to the Piedmont section o1
State
: The interior fertilizer factories
uld be likely to suffer by this
nge in rates and "would have to
i up shop" as remarked s. gentle
coversant with the situation
ow the railroads. would accept a
notion is another matter. They
hauling fertilizers at starvation
q now. they declare, and any
her cut would doubtless be met
strenuous kick.
be entire question will, however,
i've the attention of the railroad