The news & observer., 1905-10-25
a HEAVIER PENALTY.
Corporation Commission Repeals Its
Rule Concerning TranspOrta-
tion of Freight.

The rule of the Corporation Com
mission. known as Rule No. TO-"
which provided a penalty of $1.00 per
dav for the failure of railroads to
transport freight within certain time
has been rescinded by that body.
The reason for this is that the last
Legislature passed an act which pro-
vides for a penalty of $25 for the first
day, and SIS for each succeeding day
of delay after the free time" as fol-
lows the act being chapter 545, Laws
OF 1905:
Section g. That it shall be unlawful
for anv railroad company or railway
company. steamboat company express
cOmpany or other transportation COM
pany doing business in this State to
omit or neglect to transport within a
reasonable time any goods, merchan-
disc or articles of value received by ii
for shipment and billed to or from any
place in the State of North Carolina,
unless otherwise agreed upon between
the company and the shipper or un-
less same be burned, stolen or other
wise destroyed, or unless otherwise
provided by the North Carolina Cor
noration Commission. Each and every
company violating any of the provis-
ions of this act shall forfeit to the
party aggrieved the sum of twenty
five dollars for the first day and five
dollars for each succeeding day OF such
unlawful detention or neglect where
such shipment is made in carload lots
and in less quantities there shall be
a forfeiture in like manner of twelve
and fifty One-hundredth for the hfSt
day and two and fifty one-hundredth
dollars for each succeeding day: FRO
vided the forfeiture shall not be col
nyPpp6inp
davs. That in reckoning what is rea-
sonable time for such transportation
if shall be considered that such trans
portation company has transporter
freight within a reasonable time II II
has done so in the ordinary time re-
ouired for transporting such articles
of freight between the receiving ana
shipping stations, and delay or TWO
davs at the initial point and forty-
eight hours at one intermediate polhl
for each hundred miles of distance OF
fractions thereof over Whlch Sald
freight is to be transported shall not
be charged against such transporta-
ton company as unreasonable ana
shall be held to be prima facle reason
able, and a failure to transport WIN
in such time shall be held prlma 1acle
unreasonable"
The penalty for failure to receive
freight is set out as follows:
Agents or other officers of railroads
and other transportation companies
whose duties it is to receive frelghts'
shall receive all articles of the nature
and kind received by such company
for transportation, whenever rendered
at a regular depot, station, Wharf OF
boat landing, and every loaded car
rendered at side-track, or any ware
house connected with the railroad pS
a siding, and shall forward the same
by the route selected by the person
rendering the freight under eXStlhs
DAVIS: and the transportation company
represented by any, person refusing &c
receive such freight shall forf%t ahd
pay to the party aggreived the sum OF
fiftv dollars for each day said com
pany shall refuse to receive said snip
ment of freight, and all damages
actually sustained by reason OF the
refusal to receive freight. If such
loaded car be rendered at any sizing
or work-house at which there is nc
agent, notice shall be- given TO an
agent at the nearest regular statlon at
which there is an agent, that such cal
is loaded and ready for shipment