The age-herald., 1901-07-16
SHELBY p, KING
 GIVES HIS SIDE New Chapter in Controversy With Railroad Commission KING SAYS ITS ONE SIDED Additional Correspondence Made Pub He by the Railroad Commission
 Throws More Light on the
 situatIon-Hot Discussion.
KING SAYS ITS ONE SIDED

The following letter from sibley P King,
 chairman of the executive board of the
 Shippers and Buyers Mutual Aid Asso-
 ciation of Alabama, was received by the
 Age-Herald last night:
 To the Editor of the Age Herald:
 Briefly stated, we wrote the Railroad Commission: I've, the undersigned, pa- irons of the railroads of Alabama and elsewhere, thinking the present rules of
 the Alabama Car Service Association arc
 one-sided and arbitrary and unjust in re-
 quiring us to pay q per day for our de-
 lays. unless (and we respectfully ask
 your attention and assistance) that the
 railroad companies also pay the same
 amount for their delays, and that this rule be put into effect in Alabama the same as in other states, as follows, viz: | When any railroad company fails to place loaded cars at an accessible place for unloading within forty-eight hours (not including Sundays or legal holidays) computed from 10 o'clock the day after arrival of same, the shipper or consignee shall be paid $1 per day for each day said delivery is so delayed Are you willing to
 assist us, and what are you willing to do ? Please advise the chairman as promptly as possible"
 The above shows that only two ques- tions were asked the Railroad Commits sion. The first Is. Are you willing to as- sist us?" the second. What are you will | ing to do?"
 | We have not asked the Railroad Com m n frv raj at on nd had no idea of doing so. for the reason, among others, that the Railroad Commits sion of Alabama has gone on record, when MT. James Cook, MT. Jones and MT. Smith were commissioners, that our petition was
 just and that the commission had no pow CT to act, but that they had assumed to undertake to accomplish by persuasion that which they could not enforce by law because they did not have the authority
 investing them with Jurisdiction, in the following language:
 Montgomery, Ala, August 16 1S9S "Mr. King, Chairman
 Answering your letter of the 9th in- stant, I beg to advise that we have had under consideration and discussion your application to require the railroad com panies to make prompt delivery of freight, and failing to do so, to pay damages as a set-off for the demurrage
 they charge you for neg1ecting to unload cars within the time prescribed by law. The justice of your request Is apparent, and the right you claim Is no doubt a legal one, and could be enforced by an action at law for damages resulting from the delay of which you complain, but we fail to find statutory authority investing us with jurisdiction of; the matter. The right to charge demurrage by a railroad company for failure on the part of a con- signee to unload cars within a prescribed time is also matter for the courts and upon which our Supreme Court has ren- dered several decisions, and is in our opinion not within the jurisdiction of the Railroad Commission of Alabama Assuring you that 1t will always be
 our pleasure to serve you within the
 limits of the law defining our authority, we regret that we can not afford you the
 relief for which you ask,. but have as- stunned to undertake to accomplish by persuasion that which we could not en- force by the law investing us with juris- diction. We have therefore written to MT. Moody and will arvise you of the
 result of our efforts as soon as we hear from him. Yours truly,
 (Signed) JAMES CROOK, "Prest. Railroad Commission of Ala" I think the above first letter to the Railroad Commission shows plainly and in very courteous language for the gem tlemen of the present commission to ex- press themselves and their position in the matter. And under the circum- stances, we believe every unbiased mind will say that we, as business men, had | a perfect right to ask the Railroad Com | mission for an expression, and then sub | sequently if the present Railroad Com | mission had more authority than the | former Railroad Commission to kindly advise us and go on record that our files -~Af f-te willing to assist us. And we still think the Railroad Commission should reply to this letter as first indicated to them early In January, 1901, and we hope most sincerely to shut out any misunder- standing and a fair reflection will show any one we think, the justice in our position. that if railroads charge us for our delays. why then they should pay us for their delays. We ask this through a sense of fairness and justice. and as business men in a business matter of great business importance to us. For the reason that many of the same rail- roads operate in Georgia and Mississippi, both states on both sides of us, all the
 railroads pay this same amount of de-
 murrage to their friends and patrons. then why in the name of justice should thev decline to pay us just as quick as l they cross the state line and get into | Alabama?
 The railroads acknowledge that they | delay cars, and when our committee ap- peared before the railroad officials In the Morris hotel parlors about month or SC ago, representing and composing the Ala bama Car Service Association, one or our committee showed some cars delayed over thirty days; also that 10 per cent. of his business had been delayed last year Another showed that freight cars worth about $10O and contents of car worth from
 s10O to $5O0 or even more, and made the
 point. And we still insist, with all due
 respect and courtesy to the gentlemen of
 different opinion, If any, that we do not ask for and would not have anything but
 what Is just and right and fair, and that
 this demurrage rule should work both
 ways. f
 Also committee will gladly go to Mont
 gomery at any reasonable time. provided
 they can first have some understanding and agreement as to meeting, If we can get any information indicating that we can accomplish the object of getting pay for all delays when railroads delay us
 without heavy court cost and attorney fee.
 With greatest respect for the railroad commission and also their friends. and
 with kind wishes for all of them. I am, very truly, s. P. KING. Chairman. More Correspondence.
 Montgomery. July 15.-(special. .)-The following additiona7 correspondence con-