The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-19

PROBABLY TeWer laws afLectlng the
railroads of the State were enacted by
the past session of the General As
sembly than by many former Legisla-
lures. The most important new law
is that empowering the Corporation
Commission TO apply to the Judge of
the Superior Court for a peremptory
mandamus upon corporations for put
ting in force its judgments or orders,
when the corporations fail to put such
orders or judgments in operation. Next
in interest and Importance is the law
requiring railway companies to deliver
to consignees freights with reasonable
promptness
These two laws are published in full
below.
A new Act amends The Code so as
to establish six persons to form
railroad under the general railroad
law instead Of twenty-five persons, as
heretofore.
Another Act, but of minor import,
was passed, relative to tax and fees on
incorporation of railroads.
A law was enacted regulating the
manner in which common carriers
shall adjust freight charges and
claims for loss or damage to freight
The full texts of these bills are as
follows.
Commissions Judgments.
An Act to amend section twenty-three
$3.50, chapter one hundred and sixty
four (164), Laws of one thousand
eight hundred and ninety-nine
(1899), ito establish the North
Carolina Corporation Commission"
Section /. That section twenty-three
(23), chapter one hundred and sixty
four (164), Laws Of one thousand
eight hundred and ninety-nine C1S99),
entitled "An Act to establish the
North Carolina Corporation Commits
sion," is hereby amended by adding
at the end of said section twenty-three
(23) the following: IF no appeal is
taken from an order or judgment of
the Corporation Commission within the
time prescribed by law, but the cor
poration affected thereby fails to put
said order in operation, the Corpora
ton Commission may apply TO the
judge riding the Superior Court Dis
trict, which embraces Wake county,
or to the resident judge of said district
of chambers, upon ten days notice, for
a peremptory mamdamus upon said
corporation for the putting in force of
said judgment or order. And il said
judge shall find that the order of said
Commission was valid and within the
scope of it's powers, it shall issue such
peremptory mandamus. An appeal
shall lie to the Supreme Court in be-
half of the Corporation Commission or
the defendant corporation, from the
refusal or the granting of such per-
emptory mandamus.
Section 2. In all cases in which, upon
appeal, g. judgment of the Corporation
Commission is affirmed, in whole or in
part, the appellate court shall en-
brace in its decree a mandamus to
the appellant to put said order in
force, or so much therefor.as shall be
affirmed
Prompt Delivery of Freight.
An Act to cause railway companies to
deliver to consignees freights with
reasonable promptness and to
amend chapter five hundred and
ninety $500 of the Public Laws of
one thousand nine hundred and
three (1903).
Section 1. That section three 90 of
chapter five hundred and ninety $500,
Public Laws OF North Carolina, passed
at the session of one thousand nine
hundred and three (1903), be stricken
out, and the following be substituted:
Section 3. That it shall be unlaw-
full for any railroad company or rail-
way company, steamboat company, ex-
press company, or other Transports
State, to omit or neglect to transport
within reasonable time any goods,
merchandise or articles of value re-
ceived by it 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 unless same be burned.
stolen or otherwise destroyed, or un-
less otherwise provided by the North
Carolina Corporation Commission.
Each and every company violating any
of the provisions of this act shall for
felt to the party aggrieved the sum of
twenty-five dollars ($25.00) for the
first day and five ($5.00) dollars for
each succeeding day of such unlawful
detention or neglect where such ship
ment is made in car load lots; and in
less than car load lots there shall be
a forfeiture in like manner or twelve
and fifty one-hundredth dollars
(S12.50) for the first day and two and
fifty one-hundredth ($2.50) dollars for
each succeeding day: Provided, the
forfeiture shall not be collected for
a period exceeding thirty 600 days.
THAT in reckoning what is reason
able time for such transportation, 1t
shall be considered that such trans
freight within a reasonable time If it
has done so in the ordinary time re-
CURED for transporting such articles
OF freight between the receiving and
Shipping stations, and a delay OF two
days at the initial point and forty-eight
(4S) hours at one intermediate point
for each hundred miles of distance, or
fraction thereof, over which said
freight is to be transported, shall not
be charged against such transportation
company as unreasonable, and shall be
neld to be prima facie reasonable, and
the failure to transport within such
time shall be held prima facie I'M
reasonable"
To Adjust Freight Charges.
An Act to regulate the manner 10
which common carriers doing bust
ness in this state shall adjust freight
charges and claims for loss or dam
age to freight.
Section J. That from and after the