The age-herald., 1901-08-06
THE SHIPPERS AND
 BUYERS MN FIGHT
Railroad Companies Must Pay Damages for Delay of Cars
HARD FOUGHT CASE ENDS
Railroad Commission Took the Matter Up Yesterday and a Large Crowd of Birmingham Men Were Pres
 ent to Hear Arguments.

Montgomery, August D. -(special)-The
 case brought by the Shippers and Buyers
 Association of Birmingham against the
 Alabama Car Service Association to force
 the latter to pay damages at the rate Of
 $1 per day for each days delay In the de-
 livery of loaded cars was heard by the
 Railroad Commission today, and resulted
 in victory for the Shippers and Buyers
 Association.
 This case has attracted considerable at-
 tention because of the correspondence be-
 tween the Shippers and Buyers Assoeia-
 ton and the Railroad Commission, and
 the argument of the cause attracted
 considerable audience to the rooms or the
 commission at the capital.
 Messrs. E. H. Cabaniss, S. H. King, MT.
 Nelson of Birmingham and others argued
 for the shippers and buyers. and Messrs. W. A. Moody, J. L. Welch of Birming- ham and c. s. Hayden of Louisville ap-
 peared for the Car Service Assoclatlon. The Decision. It was late in the afternoon when de- l cision was reached, which the commis'- sion announced as follows:
 "Shippers and Buyers Mutual Aid As | sociation vs. the Alabama Car Service As | sociation-Before the Railroad Commis- | sion of the State of Alabama. This ceuse coming on to De hearu' there were present John V. Smith, presi- dent; A. E. Caffee and w. c. Tunstali' associate commissioners, and the com plainant and defendant both being pres ent, announced ready for trial. After hearing the evidence and carefully con- sidering the same, we are of the opinion that the complainant Is entitled to the relief prayed for. It is therefore ordered that the Alabama Car Service Association put in effect in the State of Alabama the following rule
 "'When any railroad company fails to deliver at the depot or to place loaded
 cars at an accessible place for unloading within forty-eight hours (not including Sundays and legal holidays), computed from 10 o'clock a. m. the day after the
 arrival of the same and the payment Of freight charges the shipper or consignee
 shall be paid one dollar for each day said delivery is so delayed, provided that no penalty shall be imposed upon a railroad | if delay in placing cars in caused by the | condition of the weather or other circum- | stances not due to the negligence of the | railroad, and provided further, that such
 charges shall be paid by the railroad
 actually causing the delay.
 | 'lt IS further orQered that certlHeu | copy of this order be furnished Major W. ! A. Moody, the manager of the Alabama
 Car Service Association and the Shippers
 and Buyers Mutual Aid Association of l Birmingham, Ala, and that this order be | entered upon the minutes of the commis- | sion. This order to be effective on and
 after September 1, 1901.
 Done at the office of the Railroad Com-
 mission, in the city of Montgomery, Ala, | this the 5th day of August, A. D. 1901.' | The following business was disposed of | by the commission:
 Other Bucness. | Coal rates from Birmingham district to | Troy and Ozark was fixed at ten cents | less per ton than now exists. Depot complaint at Covn-Mr. Hayden, | superintendent of the Southern, agreed to furnish the accommodations prayed for.
 Depot at Oak Bowery-Mr. McGehee, president of the Lafayette Railway, agreed to erect a depot in accordance with the demands of the petitioners.
 Depot at Riderville-Mr. Foreacre. su- perintendent of the Southern Railway,
 agreed to give the relief needed and the
 cause was continued until the depot build
 ing was constructed and accepted by the railroad commission.
 D. B. KERSH