The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-18

L
| the matter out of the hands of the Cor
| poration Commission"
Mr.. Emerson: 1 speak as l have seen
| the proposition worked out The bill Of
| laden proposition is a very bad move.
| The car penalty would injure shippers in
| North Carolina. The coal proposition is
right
Mr. Abel: Hasn't the Corporation
Commission authority to refund over
! Charges?''
Mr.. Erwin: 81 know a claim outstand-
| ing over twelve months, and never knew
| the Corporation Commission to compel
settlement"
Capt. S. A. Ashe then spoke briefly in
favor of legislation. He suggested that
Mr.. Erwin amend hiss bill that it read
that the agent shall insert in the bill of
lading only the rate fixed by the Cor
pOration Commission. An oVercharge is
m illegal charge. One agent charged 800
when it should have been S55. He said
he would take SIS. / have been shipping
number of years and been considerably
troubled. 1t has never occurred to me
to so to the Corporation Commission for
relief Such a mass of business would
not we'll como before the Commission.
Within the limits the Corporation Com
mission allows to be charged no over
charg :<Cught to be tolerated If a rail
road agent says that rate is. say one
half a cent pound on cotton, for exam
pie and the charge is made one cent it
upsets the whole transaction and de-
stroys even a slight profit.
The railroads ought not to be allowed
to delay the freight a moment after the
freight charge is paid. This bill requires
them to pay back in 80 days any over
charge collected-that is long enough.
Capt. Ashe spoke briefly but to the point
He closed by saying that if Mr.. Erwin
would make the changes in his bill sug-
gested by him that would answer all
the objections Of Nh. Emerson as to the
danger of permitting and enforcing rates
ether than those fixed by the Corpora
ton Commission.
By request Hon. Franklin Mcneil,
chairman of the Corporation Commission,
was requested to answer certain ques-
tons
Mr. Abell: HAS the Corporation
Commission power to pay back an over
charger"
Chairman Mcneil: mo, but we pre-
scribe a penalty if it is not refunded
We must call it to the attention of the
railroads"
Ml Erwin: 'EIas the Corporation
Commission ever enforced the penaltv?"
Chairman Mcneil: mo, but I think
the railroads have never failed when it
was called to their attention"
Mr. Erwin: Don't you think law
ought to be enacted to prevent the ever
Charges?'
Chairman Mcneil: Yes, they ought
to be prevented"
MIR. Erwin asked if they had ever had
complaint of a failure to move freight
within a proper time.
Mr.. McNeill said there had been COM
plants of this failure, and that there was
no remedy for it as things were now.
He had not heard OF complaints regard
ing the seizure of coal.
Mr.. Miller called attention to rule 81
Of the Commission, and which was to
prevent any unreasonable delay, and
asked Mr. Mcneil if that rule would
not operate to prevent these delays.
Mr. Mcneil said it would be hard to
enforce any penalty under that rule,
that it would have to be more definite.
Mr. Nichols, General Manager of the
was considerably interested in this mat
ter. Such a measure would work hard
ships.
NJ. Miller said that no company ever
wanted to confi3cate coal. Several times
recently Re had ordered the company'2
coal for use in the public buildings in
Raleigh in the time of great scarcity.
He had ordered as much as ten car
Gn in III nd
He agreed with Mr.. Erwin that the
coal should be paid for, but he thought
the bill was a little harsh in saying that
ccal must not be confiscated a rail
read had duties to perform of a public
nature, and sometimes for the greatest
good of the greatest number it was nee
essary to Coniiscate coal, in order not
to stop q passenger train.
Mr.. Erwin asked what they did on the
Southern when they confscated coal.
Mr.. Miller said he was informed that
they always returned it.
Mr.. Erwin then asked Mr.. Miller if he
considered three days too short a time
in which to notify.
Mr.. Miller said if the coal was taken
err route, it would be difficult to get
the notice back to the shipper through
Of course, errors would creep in, but
when it was considered that something
like three or four million shipments
were made every month by the Southern
Railway, comparatively few mistakes
were made.
Then, said he, in case of a wreck, and
block were to occur, the road would
be under penalty until the track could
pc cleared, and of course the road was
more anxious than anybody else to get
the track cleared.
Mr.. Erwin asked what the Southern
did in cases of claims for overcharge.
Mr.. Miller said that the rule was to
settle claims according to the rate stipu-
lated in the bill of lading. The agents
had the power to settle such claims
themselves.
But in some cases of long shipments,
the original place of starting the ship
ment was not given on the way-bill, and
therefore it was necessary to turn claims
on way-bills of this kind over TO the
claim department, and this took some
time.
Mr.. Erwin asked Mr.. Miller what he
would consider a reasonable time, taken
all around for the CaVment of claims