The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-19
Leads all North Carolina Daiies i'm News and Circulation
AFFECTING
RAILROADS OF THE STATE
Corporation Commission Given Power to Apply For
PeremptOry Mandamus to Enforce It's Or
ders---Freight Must Be Delivered
Promptly.

riers doing business I'm this State shall
settle their freight charges according
TO the rates stipulated i'm the bill OF
lading: Provided, tile rate therein
stipulated be in conformity with the
classifications and rates made and
filed With the Interstate Commerce
Commission, ia case of shipment from
without the State, and with those OF
tho Corporation Commission of this
State in case of shipments wholly
within this State, by which classifica-
tons and rates all consignees# shall In
all cases be entitled to settle freight
charges with such carriers, and it
shall be the duty of such common car
riers to inform any consignee or
consignees of the correct amount due
for freight according to such classifi-
cations and rates; and upon demand
of tender of the amount due on any
shipment which has arrived at its des-
tination according to such classified
tons and rates, such common carrier
shall deliver the freight in question to
consignee or consignees, and any fall
ure or refusal to comply with the
provisions hereof shall subject such
carrier so failing or refusing to
penalty of fifty ($500O) dollars for
each such failure or refusal. to be re-
covered by any consignee or consignees
aggrieved by entering suit In any court
j
Section 2. That every claim for loss
of or damage to property while in
possession of such common carrier
shall be adjusted and paid within six
ty (60) days i'm case of shipments
wholly within this State, and within
ninety GOO days in case Of shipments
from without the State, after the filing
of such claim with the agent of such
carrier at the point of destination OF
such shipment or point of delivery to
another common carrier: Provided
that no such claim shall be filed until
after the arrival of the shipment or of
some part thereof at the point Of destl-
nation, or until after the elapse of a
reasonable time for the arrival thereof.
In either case such common carrier
shall be liable to the amount of such
loss or damage, together with interest
thereon from the day of the fling of
the claim therefor until the payment
thereof Failure to pay and adjust
such claim withiR the periods respec-
lively herein prescribed shall subject
each common carrier SO violating IN
a penalty of fifty ($50.00) dollars for~
each and every such violation, TO be
recovered by any consighee or con-
signees aggTieved i'm any court of COM
petent Jurisdiction: Provided that
unless such consignee or consignees
recover in such action the full amount
claimed no penalty shall be recovered
but only the actual amount of loss
or damage for such as aforesaid.
Section 3. That any common car
rier upon complying with the provi-
sions of this act, shall have all the
rights and remedies herein provided
for against common carrier from
which it receives the freight in ques-
ton.
Section 4. That causes of action for
the recovery of the possession of the
property of the shipper for loss or
damage thereto and for the penalties
herein provided for, may be united i'm
the same complaint
Section 5. That all acts or parts Of
acts inconsistent with this act be and
the same are hereby repealed: Pro-
vided, however, that this act shall NOT
deprive any consignee or consignees OF.
any rights or remedies now existing
against any carriers I'm regard to
freight charges or claims for lossi or
damage to freight, but shall be
deemed and held as creating an addi-
tional liability upon such common car
riers.