The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-02-13
=A HARD FIGHT.
Railroads Must Stand by the Rates
Stated in Bills Of Lading,
AND TO PAY FOR LOST FREIGHT
10 tho Value stated In
the Bills Of Lading Within
Sixty DAYS says the
House..

n 1OuHr.
On Tuesday Of last week in the
House Mr.. johnson lad bill relative
to the carrying outof rates on freights.
He wanted it made mandatory that
the railroads recognize the rates placed
in bill OF lading, and that no more
should be collected. Mr.. Johnson in
sisted that the railroads had no right
to exact cent more than is stipulated
In the BILL OF lad!ng. A clause in his
bill required Immediate payment for
articles lost In transit. IIe said there
was no such Act now on the statute
books. The railroads collect, he in
sisted, thousands, and even millions,
In excess charges, and kept the money
from six months to two years. lie
insisted that the Sullivan Act does
not reach the case at all. These laws
are nullty because OF the penalty.
Mr.. Johnson's bill is bitterly opposed
by the railroads, because they know
1T could he enforced. This bill pro-
vides for a forfeit to the treasury and
hall to the consignec.
M Mr.. Williams said he saw no use for
the bill, or for SO heavy forfeit. lie
knew Of several suits pending under
the Sullivan Act. The railroads
ought to be made to carry out their
contracts, but they ought not to be
crowded. The bill ought to be killed.
Mr.. Toolc, Of Aiken, said he had
experience in getting freight claims
settled. He had spent Il year in get
ting a settlement. When goods are
shipped freights have to be paid. If
we have enough law more will do no
harm. The penalty now is not
enough.
Mr.. Beamguard said last session lie
had such bill passed in the House,
but it was killed in the Senate. If the
penalty Is not made large enough the
railroads will pay no attention to it.
Mr.. Thomas said the bill under
took to take property without due
& process Of law, and proposes to hold Il
South Carolina railroad responsible
for a loss that may have occurred in
some other State and line outside or
/: the State. The bill proposes that Il
\ claim should be paid upon dcmand''
e5 regardless Of its validity. At the last
4 session an Act was passed that the
lroads must pay or refuse to pay
~ thin SIXTY, d avs be lLActL.WaS held
TO be constitutional, and is as farras
I the laws can 60.
Mr.. Thomas knew where judgments
had been recovered on the very Act
in question, and Judgment for $50
had been recovered for refusal to set
tie within sixty days.
Mr. Coggeshall said he never rep
resented Il railroad, and came from a
section that was as much oppressed
by railroads as any in South Carolina,
but he opposed the bill us being un-
necessary.
MIR. w. j. johnson said it was easy
to find out actual COST SO the rail
roads can settle upon that basis. The
bill will show the cost. If the bills
do not give the cost then there can
be no arbitration. The Sullivan bill
is totally ignored by the railroads.
There never was Il more just measure
than this There is IL universal de-
mand for such bill. lie was asked
for a copy of the bill by the Columbia
Chamber OF Commerce.
Mr.. Cooper, Of LaurcnS, favored re-
quiring the railroads charging only
for what they delivered. The bill
simply imposesa fine Of 5000 because
the railroads say they 70 not owe the
claim and have the matter settled in
the courts. The idea is simply To
impose Il fine OF $500 for daring to
contest claim. If there we're but
one railroad in the State this bill
might do, but there arc several rail
road SYSTEMS and it is wrong to arbit-
rartly hold one party responsible if il
wishes to test the matter The bill
is unjust and unfair and unrcason-
able.
MIR. johnson insisted on Il yea and
nay vote aud the House was exactly
divided and therefore Mr.. Cooper'S
motion to kill failed Tile vote stood:
Ycas-Speaker Smith, Aull, Bailey,
Banks, Barron, Bates, Black. Black
wood, Bomar, Brooks, Brown, CALI
son, Carey, Cuggcshall, Colcock
Cooper, Cutler, DcVorc, Bowling, Ed
wards, Haskell, Hendrix, Humphrey.
James, Logan, Mace, Magill, Middle
ton, Morgan, Parncll, Patterson,
Pearman. pyatt, Quick, RawlInson,
Sarratt, ocabroOk, w. G. Smith,
Stackhouse, Thomas, Towill, Walker,
Williams, YoumanS-
Nays Bass. Bcamgltard Clifton,
DeBruhl Donnald, Dorroh, Doyle,
Ford, Fraser Cause, Gourdin, Halle,
IIarrcllson, ID. o. Herbert, Hinton,
Irby, Jarncgan, Johnson, Kelley, Kih
Ter, King, LcavcretJ, Little. Lylcs,
Mccain, Manldin, Minis, Nichols,
Pcurifoy, Pollock, Rainsford, Rankin,
Ready, Richardson, jeremiah Smith,
Tatnm, Toolc, Tribblc, Wade, Webb,
Whalcy, Wingard, Wingo, Wright
Al.
The bill was then ordered to its
third reading as follows:
TEXT OF TIE BILL.
Section /. That from and after the
passage Of this Act all railroads or
railroad companies doing business i'm
this State shall protect the rate of
freight stipulated in the bill Of lading
for the carriage Of all frcights, goods
wares and commodities or every kind,
whether the said bill of lading be
foreign or domestic, and for the failure
or refusal of any railroad or railroad
companies Or thciragcntS to deliver
such frcights, goods, wares or other
commodities upon demand, and pay
ment Of freight charges cqualling the
rate stated in The bill Of lading, said
railroad company shall be fined i'm the
sum of two hundred dollars, to he re-
covered for each and every offence, in