The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-01-11
GRAIN Oak
DEMURRAGE
Dealers Want Companies to
Pay a Fine
IFCARS ARE NOT FURNISHED
Bill VIII be introduced in the
Legislature lnIS Winter.

The Wichita Board of Trade has started
movement to have the legislature
amend the session laws Of 1891. or a chap
ter OF them. TO compel the railroads to
furnish cars to shippers. They have is
sued a circular letter TO all grain dealers.
miIlers and commercial organizations in
the state. asking their cooperation in
getting the bill through the legislature.
besides the letter, a copy of the bill pro-
Iosed is included. The bill will repeal
section z, of chapter DC, OF the session
laws of 1901, and amended TO read as
follows:
when the owner. manager or shipper
of freight of any kind shall make appli-
cation in writing to any superintendent
agent or other person in charge of trans
pcrtation. to any railway company, re-
ceiver or trustee operating a line of rail-
way at the point the cars are desired
upon which to ship any freight, 1t shall
he the duty of such railway company,
receiver. trustee, or other person in
charge thereof. to supply the number of
cars required At the point indicated II
the application within reasonab bic time
thereafter. and shall supply such cars
to the persons so applying therefor in
the order in which such applications are
made, without giving preference to any
person; provided if the application be for
one to three cars the same shall be furn-
ished in four days; and from three to
ten cars. the same shall be furnished in
five days, and provided further. that IL
the application be for fifty cars or more.
the railway company may have ten full
days in which to supply the cars. Said
application for cars shall state the num-
they are desired and the time they are
desired; provided that the place desig-
mated shall be at some station or switch
on the railroad. When cars are applied
for under the provisions OF this chapter,
il they are not furnished, the railway
company so failing to furnish them shall
forfeit to the party or parties so applying
fer them. the sum of three dollars per
day for each car failed 10 be furnished,
to be recovered in any court of compe-
tent jurisdiction. and all actual damages
with attorney fees. Such applicant shall
at the time of applying for such car or
cars. deposit with the agent of the COM
pany one-fourth of the amount of the
freight charge for the use of such cars,
unless the said road shall agree to deliver
said cars without such deposit And such
applicant shall, within forty-eight hours
after such car or cars have been delivered
and placed as hereinbefcre provided, and
when furnished under such application.
fully load the same and upon failure to
do so. he shall forfeit and pay to the
company the sum OF three dollars for
each car not used; provided that where
applications are made on several days.
all of which are filed on the some day,
the applicant shall have forty-eisht
hours 10 load the car or cars furnished
on the first application, and the
next forty-eight hours to load the car
or cars furnished on the next applica-
ton, and so on; the penalty prescribed
shall not accrue as to any car or lot of
cars applied for on any one day, until
the period within which they may be
loaded has expired. And il the said appli-
cant shall not use such cars so ordered by
him, and shall SO notify the company or
its agents he shall forfeit and pay to
the said railroad company in addition to
the penalty herein prescribed the actual
damages that such company may sustain
by the said failure Of the applicant to
use said cars. 1t shall be necessary for
the party or parties bringing suit against
any railroad company under the provi-
sions of this law. TO show by evidence
that he or they had on hand at the time
any demand for cars was made the
amount IF lumber. cotton. wool hides. or
other freight necessary to load the cars
so ordered: provided that the provisions