The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-19
TURNED IT DOWN
Appeal OF Southern Rail
way in Greensboro Case
Corporation Commission 0verruies
Exceptions OF the Railway Which
Now Gives Notice Of Appeal
to Supreme Court.

The Corporation Commission has over
ruled the exceptions of the Southern Rail
way to it's orders in the Greensboro Coal
and Ice Company and the Railroad ap-
peals to the Supreme Court.
This was decided against the Southern
some time ago. and to the findings of the
commission the Southern Railway took
exceptions. These were heard by the
Corporation Commission which over
ruled these.
The Southern Railway is not content
yet, and has given notice of an appeal
to the Superior court. Whether this
will be heard in Wake county or some
other county has not yet been given cut.
The exceptions of the Southern Rail
way to the original ruling which made
it liable for not delivering four cars and
consignments to the Greensboro Ice ana
Coal Company, and ordering It to
do so, is upon the following grounds:
That the Corporation Commission erred
in entering the original order upon the
record before it. for that the order was
not warranted by the allegations Of fact
as they, in some way, appeared TO the
~
parte the defendant not be given an OPP
portunity to answer it, and its entry was
not in accordance with due process of law.
Errors as follows are charged against
the entering of the order Of December
i eth by the Corporation Commission: ID
It's finding Of facts not in accordance with
evidence, and in finding that the Southern
Railway was not entitled TO charge de-
murrage for the refusal Of the complain
ant to accept and unload the cars cen
signed to Il.
The over ruling Of exception 1. is ap-
| pealed from for the reasons stated IN the
exception, this being that the Greensboro
Ice and Coal Company did not eve denur-
! rage. nor promise to pay it, and that AL
| freight due for the four cars he'd been
| Said
For overruling of Exception g. for the
reason stated in the exception, an appeal
| is made The reason stated was that the
Greensboro Ice and Coal Company had
the right to have the four cars OF coal
placed on the side track built by them
selves and the Southern Railway, and they
demanded that they be so placed.
For overruling exception 8, for the rea-
son stated in the exception, this reason
being that the Southern had no lien as all
charges end demurrage had been paid, no
credit was asked and that the complaint
of the Greensboro Ice and Coal Company
was filed with this commission and notice
thereof Yves given TO the Southern Rail
way, ard the Southern Railway appeared
in Response to said notice and answered
orally and made defense for Southern
Railway. and. after hearing and consld-
ering ali OF the evidence and argument
offered. the order was made by tins COM
mission.
For c--errulirr exception 4 for the rea-
sons stated in the exception, these being
that the order Of this commission is not
contrary or reDugnant to Constitution OF
the United States or act Of Congress es-
tablishing the Inter-S;tate Commerce Com
mission. The cars OF freight had arrived
at destination end the freight and all
proper charges had been paid thereon, and
this commission had the power, and 1t was
their duty to order delivery ct said cars
to the consignee.
Another appeal is made that the hear
ling and determination Of the controversies
and both the orders were not due process
Of law.
The fourth cause of appeal is that the
order requiring the delivery OF the four
cars containing inter state freight before
bulk had been broken and while each
car was an original package. and before
any delivery had been made to and ac-
copied by the consignee, and while the
same was in the custody and possession,
and under the control of the Interstate
carrier, the defendant, was an attempted
regulation Of and interference with inter
State Commerce, and an unconstitutional
assumption of power by the said Corpora
ton Commission and void.
The defendant, in its appeal from the
orders. asks that the case be transferred
to the Superior court of such county as
shall be designated by the Commission tol
trial under the laws Of North Carolina.
It sometimes happens that the mar
who has a wife and an automobile has
two urmanageable things on his hands
at once.