The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-02-11
4 HARD FIGHT.
Railroads Must Stand by the Rates
Stated in Bills Of Lading,
AND TO PAY FOR LOST FREIGHT
According TO the Value Stated IN
the Bills OF LadinG Within
Sixty DAYS Says the
House.
House.

House.
On Tuesday OF last week in the
House Mr.. johnson had bill relative
to the carrying out OF rates on freights.
He wanted it made mandatory that
the railroads recognize the rates placed
in bill Of lading. and that 10 more
should be collected. Dir. Johnson in
sisted that the railroads had 40 right
to exact a cent more than is stipulated
in the bill Of iading. a clause in his
bill required immediate payment for
articles lost in transit. He said there
was no such Act DOW 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. He
insisted that the Sullivan Act does
not reach the case at all. These laws
are nullity because Of the penalty.
Mr.. JohnSon'S bill is bitterly opposed
by the railroads. because they know
it could be enforced. This bill pro-
yides for forfeit to the treasury and
half to the conSignee.
Mr.. Williams said he saw no use for
the bill, or for SO heavy forfeit. He
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.. Toole, of Aiken, said he had
experience in getting freight claims
settled. He had spent year in get
ting settlement. When goods are
shipped freights have to be paid. II
We have enough law more will do nc
harm. The penalty now is not
enough.
Mr.. Beamguard said last session he
had such bill passed in the House,
but it vas killed in the Senate. If the
penalty is not made large enough the
railroads will pay noattention to it.
Mr.. Thomas said the bill under
took to take property without due
process OF law, and proposes to hold a
South Carolina railroad responsible
for loss that may have occurred in
some other State and line outside Of
the State. The bill proposes that a
claim should be paid upon demand
regardless Of its validity. At the last
session an Act was passed that the
railroads must pay or refuse to pay
within sixty days. The Act was held
to be constitutional, and is as far as
the laws can go.
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 a railroad, and came from a
section that was as much oppressed
by railroads as any in South Carolina,
but be opposed the bill as being un-
necessary.
Mr.. ". J. Johnson said it was easy
to find out actual cost, SO the rail-
roa 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 more just measure
than this There is universal de-
mand for such bill. He was asked
for a copy of the bill by the Colum5 5ia
Chamber Of Commerce.
Mr.. Cooper, of Laurens, favored re-
curing the railroads charging only
for what they delivered. The bill
simply imposes fine Of 5000 because
the railroads say they do not owe the
claim and have thssmatter settled in
the courts. The idea is simply to
impose a fine Of 5000 for daring to
contest a claim. II there were but
one railroad in the State this bill
might do, but there are several rail-
road systems and it is wrong to arbit-
rarily hold one party responsible If it
wishes to test the matter. The bill
is unjust and unfair and unreason-
able.
Mr.. johnson insisted on a yea and
nay vote and the House was exactly
divided and therefore Mr.. Cooper's
motion to kill failed. The vote stood:
Yeas-Speaker Smith, Aull, Bailey,
Banks, Barron, Bates, Black. Black
wood, Bomar, Brooks, Brown, CALI
son, Carey, Coggeshall, Colcock,
Cooper, Cutler, DeVore, Bowling, Ed
wards, Haskell, Hendrix, Humphrey,
James, Logan, Mace, Magill, Middle
ton, Morgan, Parnell, Patterson,
Pearman, Pyatt, Quick, Rawlinson,
Sarratt, Seabrook, w. G. Smith,
Stackhouse, Thomas, Towill, Walker,
Williams, Youmans-44.
Nays-Bass. Beamguard, Clifton,
DeBruhl, Donnald, Dorroh, Doyle.
Ford, Fraser. Cause, Gourdin, Halle,
Harrellson, D. 0. Herbert, Hinton,
IrbY, Jarnegan, Johnson, Kelley, kih-
ler, King, Leaveretu. Little. Lyles,
Mccain, Mauldin, Minis, Nichols,
Peurifoy, Pollock, Rainsford, Rankin,
Ready, Richardson, jeremiah Smith,
Tatum, Toole, Tribble, Wade, Webb,
Whaley, Wingard, Wingo, Wright
A.
The bill was then ordered 10 its
third reading as follows:
TEXT OF THE BILL.
Section l. That from and after The
passage of this Act all railroads or
railroad companies doing business in
this State shall protect the rate OF
freight stipulated in the bill Of lading
for the carriage of all freights, goods
wares and commodities OF 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 their agents to deliverall
such freights, goods, wares or other
commodities upon demand, and pay
ment Of freight charges eQua!llng the
rate stated in the bill OF ladlng, salo
railroad company shall be fined int the
sum of two hundred dollars, to be re-
f,,. nd n,arv 6tfpnfa IT