The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-30
DENIES ITS POWER
A. C. [. Against Corpor-
alton Commission.
Saws Order to Erec! Scales for Dennis
Simmons Lumber Company is
illegal, Unreasonable
and Unjust.
and Unjust.

The Corporation Commission, on
complaint of the Dennis Simmons
Lumber Company, having ordered the
Atlantic Coast Line to place track
scales at Elm City, in order that the
lumber shipped by the Dennis Sim
mons Lumber Company might be
weighed there. the Atlantic Coast Line
yesterday filed exceptions to the or
der The day for a hearing has not
yet been set.
The Dennis Simmons Lumber Com
pany allege that they pay about $780,
600 year in freightsto the Atlantic
Coast Line for hauling lumber and
claim that the railroad company
should erect track scales at Elm City
in place of compelling the company
to accept weights on lumber when the
company has it weighed at Norfolk
and other points.
The Atlantic Coast Line railroad as
signs number of reasons for its ex-
ceptiOnS, claiming in these that the
Corporation Commission has not the
power to order the building of the
track scale; that such an order is
illegal, unreasonable and unjust; that
1t is dscriminative, that the Dennis
Simmons Lumber Company are not
injured by the absence of scales; that
the execution of the order would take
from the railroad company it's prop
erty without just compensation and
that the need for the scales would
only be temporary. In full the excep-
tiOnS are as follows:
First-That the Corporation Com
mission has not the power or au-
thority under the laws of North Car
DINA to make the order referred TO
above In this cause, and that the Sc me
fe. Of
thority.
Second-That there would be nc
benefit or service accruing to the gen
eral public If the above was obeyed
and performed by the railroad COM
pany, but that the only benefit and
service that could accrue of could
be performed under or by virtue OF
the said order to any person would
be solely for the benefit, and for the
service of the Dennis Simmons Lum-
Der Company. And hence the service
required would not be that of com
mon carrier, but solely that of pri-
vate carrier for the benefit of said
Simmons Lumber Company.
Third.-rhat the Dennis Simmons
Lumber Company is the only person
or corporation at Elm City, who would
or could use the said scales if the
same were furnished and provided by
the railroad company at Elm City
and that the only freight that would
be weighed upon the said scales would
be the freight furnished for shipment
by the Dennis Simmons Lumber Com
pany; that the Dennis Simmons Lum-
Der Company is only temporarily To-
Gated at Elm City for the purpose OF
cutting the timber owned by it neal
that place, and that within the next
two or three years the Dennis Sim
mons Lumber Company will have cut
manufactured and shipped all of the
timber owned by it that can be reach
ed from Elm City, and that will be
shipped by it from that point, and
that at the end of that time there vii
be no further service or use by the
defendant for the said scales at Elm
City; that the defendant has already
provided and has in use scales for the
weighing of car load freights and
lumber at South Rocky Mount, upoT
which all of the lumber shipped by
the Dennis Simmons Lumber Com
pany from Elm City could be weigh
ed, and that it has also scales at vari
Gus other important points upon this
line for the weighing of like freight
that the lumber of the Dennis Sim
mons Lumber Company is not solo
by weight but is sold by the foot
and that the weight could not be o
any service to the Dennis Simmons
Lumber Company in preparing its
bills or drawing its drafts for thu
sale of the same, and 1T can only b'
of service to it in regard to the matte
of the freight upon the same; tina
the defendant also has track scales
upon it's line at Primers Point IL
the State OF Virginia. which point il
the ultimate rail destination of SO pc
cent of all of the OUTPUT of the Den
mis- Simmons Lumber Company's plan
at Elm City.
Fourth-That the furnishing ant
providing by the defendant of the saiC
track scales for the Dennis Simmon
Lumber Company at Elm City viii
not produce any additional revenu
whatever to the defendant company
and that i'm consequence the order o
the commission will amount to tn
taking of the property of the defend
ant without one process of law, ant
without compensation, and is in viola
ton of the Constitution of North Car
DINA and the Constitution of thu
United States.
Fifth-That the said order of th'
Railroad Commission is unreasonable
and unjust.
Sixth-That if this defendant i:
compelled to provide the said scale!
for the petitioner in this cause. The
Dennis Simmons Lumber Company. i
will be q discrimination made i'm fa.
vor of the said company by this de-
PENDANT against all other corporation:
and persons on the line of the At
lantic Coast Line railroad company
who cut. manufacture and ship tim
Der and lumber, and will compel this
defendant to discriminate against
them and to afford so-called facilities
to the Dennis Simmons Lumber Com
pany that are not provided by this
defendant for other persons and cor
porations engaged in the same bust
ness. And that it will also be dis
elimination against all other persons
and corporations on the line of the
Atlantic Coast Line Railroad Com.
pany. who ship any freight in cai
load lots, and have not scales or like
facilities as are required by this order