The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-11-06
SOUTHERN RAIL WAY
LAYS AN EMBARGO
To Enforce Payment of De-
murrage on Cars.
CASE FROM GREENSBORO
Corporation Commission Orders Railway 10 De-
liver Freight They Do Not Comply
and File Exceptions Hear
inu TodaV
ing Today,

ing Today,
A case of far reaching Importance is
before the Corporation Commission, with
regard to the laying of an embargo 10
enforce the payment of demurrage OH
cars. 1t seems that the Greensboro Ice and
Coal Company was granted permission
to build a trestle in its yard within a few
hundred feet of the passenger station, at
Greensboro. The Railroad Company
lroned the track, it being of mutual ad-
vantage to each that the cars be quickly
unloaded. During the building of the
track by permission of the railway COM
pany, a few cars for the Ice and Coal
Coal Company came, and the railway was
asked to place them upon the part of the
track not torn up, which they refused
to do. 1t is stated by the Ice and Coal
Company that they placed ears belonging
to other people upon this track, and that
the railroad company did not at THAI
time offer the cars at any other place
The Railway Company sent in a bill for
demurrage, which was considered unjust
and the Coal Company refused to pay 1T.
The Southern Railway Company forth
with laid an embargo and refused to
place any cars upon the track of the Coal
| Company and rendered them upon then
team tracks. The Coal Company refused
to receive them upon the team tracks. as
! it would be impossible for them to OPP
crate their plant, if they were forced to
do this, and it would absolutely paralyze
their business, and applied through their
attorney, Mr.. A. Wayland Cooke, of
Greensboro, to the Corporation Commits
sion for relief.
The Corporation Commission issued an
order or rule, several days ago command
ing the Southern Railway Company to
place cars upon the track of the Green's
boro Ice and Coal Company within forty
eight hours or incur the penalty of five
hundred dollars a day for the failure to
do so.
Up to this time the Southern Railway
Company has not complied with the rule,
but pursues its enforcement of the histori-
cally condemned embargo. regardless OF
the damage to the Coal Company
Mr.. Cooke was here yesterday in con
ference with the Corporation Commits
sion with regard to the enforcement of
their rule. He says that when the rail
road considers demurrage due them they
constitute themselves judge and jury, and
also sheriff and attempt to throttle and
sums due but when demurrage is due
by them to the people they absolutely re-
fuse to pay one dime unless forced to do
so by the court
1t will be interesting to see what move
will be made next by the Corporation
Commission and whether or not rule
of the Corporation Commission can be
violated and diSregarded by the Southern
Railway Company with impunity
The following is the order issued by the
Commission:
"This case coming on to be heard upon
complaint and after notice to the dc
PENDANT and an appearance by them. and
! 1t being made to appear to the Com
mission by the plaintiff that four cars of
coal. consigned TO the complainant, have
been conveyed to Greensboro by the
Southern Railway Company, and that said
cars are now and have been on the yards
of said Railway Company for several
days. ana that the agents of said COM
pany were requested by said consgnecs
to place said cars for unloading soon after
| their arrival on a side track, built at the
expense of and by said complainant and
said Railway Company to facilitate the
loading and unloading OF complainant
freights; and that said consigees offered
to pay the freight charges due on said
cars of coal if the Railway Company
would indicate their willingness to place
them as requested by consignee, and it
further appearing that the said Railway
Company have refused to place the said
cars as requested and insist that they will
place said cars only on public team
tracks; and it further appearing that said
cars of coal can be unloaded by consignees
| Il l.
pense on the track constructed for that
purpose than on public team tracks and
at no greater expense to the Railway
Company, and it further appearing that
the cause assigned by the Southern Rail-
way for It's refusal to place cars as re-
quested by consignees is insufficient
namely, that consignee refused to pay
certain demurrage charged which the Rail
way Company claims accrued on other
cars while on public team tracks of said
Railway Company, and which charges
the consignees dispute and alege to be
unjust
1T is, therefore, ordered that tie
Southern Railway Company, upon the
payment of the freight due on said cars
of coal and within forty-eight hours after
service of this order, place the four cars
of coal consigned to the Greensboro Ice
and Coal Company on tracks provided by
complainant and defendant for the load
ing and unloading of the freights of the
complainant to the end that the same
may be unloaded and the complainant
receive their freights.''
The Southern Railway has filed excep-
tons to this order, with a bond of 81, 500 |
The grounds of exception are that the
side track is the private property of the |
Greensboro Ice and Coal Company, except
the rails. built by that company for its
own use and convenience, and not for the |
use or convenience of the Southern Rail |
way; that during the building of the side |
track certain demurrage charges occur |
red, amounting to $146, and under prom |
ise to pay said amount, the Coal and Ice
Company induced the Southern Railway
TO place the said carloads upon the private
side track and said Coal and Ice Com
pany have since refused to pay those de-
murrage charges that the Railway il
ready and wiling to place four cars Of
coal on its public team, or delivery track.
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