The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-12
Greensboro Ice and Coal
Company Won Case.
DEMURRAGE UNJUST.
The Corporation Commission Says the
Southern Railway Should Not
Have Asked Demurrage or
Refused to Put the Cars
on the Track.

In its case against the Southern Rail-
way for failure to place four cars loaded
with coal on tracks built by the South
ern Railway and it, the Greensboro Ice
and Coal Company has just been given
decision in its favor by the Corporation
Commission, which over rules the excep-
tons of the Southern Railway to its rul-
ing, and says that the Southern Railway
Company should not have demanded de-
murra=e.
This order issued yesterday is the final
decision of the Corporation Commission
in the case of the Greensboro Ice and
Coal Company, against the Southern Rail-
way 1t win be remembered that some
weeks ago the Greensboro Ice and Coal
Company complained to the Corporation
Commission that the Southern Railway
had refused to deliver cars shipped to
the company on a siding built jointly by
the company and the Southern Railway,
and had moreover laid an embargo upon
freight belonging to the company for de-
murrage alleged to be due. The Corpora
tion Commission, upon the complaint of
the Greensboro Company issued an order
liver the freight upon the siding.
This order the Southern Railway refused
to obey for some six or eight days. Then
some temporary agreement was reached
and the commission went to Greensboro
and heard the matter argued exhaustively
by both sides, and took the case under
advisement This order yesterday is the
result 1t over-rues the various excep-
tions fled to the original order by the
Southern Railway.
The penalty for refusing to obey an
order of the Corporation Commission is
fixed by law at $500 day. So the South
ern Railway is due several thousand dol
lars to the State. This money the peo-
pie of the State will expect to see paid,
as nothing could be clearer than the law
on this point, to be found in the act es-
tablishing the Corporation Commission.
It is understood that the Southern Rail
way viii now appeal from this final order
of the Corporation Commission and fight
the matter in the courts. 1t is stated
that the Southern will seek to get the
case before the United States Supreme
Court on the matter of Interstate Com
MERGE but as parties out of the State
are not concerned in the case as it stands,
it Is hard to see how this can be done.
Mr. Henry w. Miller, assistant to First
Vice-President A. B. Andrews, of the
Southern Railway, was asked last night
by a News and Observer reporter, whether
or not the Southern Railway would ap-
peal He replied that he did not know;
that the whole matter was entirely in the
hands of the second vice-presdent and
general manager, w. w. Finley, of Wash
ington ID. c. First Vice-President A. B.
Andrews was not in the city.
If this appeal is taken, it WILL of course
operate to delay the paying of the pen
atty incurred until the decision of the
cour-.
The order of the Corporation Commi>-
sion was handed down yesterday and is
as follows:
THE ORDER.
North Carolina Corporation Commission,
Raleigh. NJ c., Dec 10, 1903
Greensboro Ice and Coal Company VS.
Southern Railway Company.
This cause coming on to be heard on
exceptions by the Southern Railway en-
pany, and evidence offered thereon by
both parties, the following facts are
found
The Greensboro Ice and Coal Company
Jointly with the Southern Railway Com
pany. constructed a side track from the
Southern Railway into the coal and wood
yard of the Greensboro Ice and Coal Com
paly at Greensboro, and on the end and
a part OF this side track within the yard
of the Greensboro Ice and Coal Company
is a trestle with bins underneath to ia
cilitate the delivery of car loads of coal.
This side track is about 300 feet long
Between the 18th and goth of October
four ears OF coal were transported to
Greensboro, consigned to the Greensboro
Ice and Coal Company. The Greensboro
Ice and Coal Company had a standing
order with the Southern Railway to place
all of their cars of freight on this side
track. and offered to pay the freight on
these four cars if assurance was given
that the cars would be so placed.
The Southern Railway refused to place
said cars on this side track. as requested
by the Greensboro Ice and Coal Company
but offered to place them on public team
track and did place them on public team
track
The four cars of coal were brought
from points beyond the State.
The Southern Railway Company, on the
18th of October. 1903. issued notice to
Greensboro Ice and Coal Company as
follows: please take notice that com
mencing IL o'clock noon, October 18th
1903, this Company will decline to switch
any cars to your private siding, IN the
Ito XNnndnrf1gI