The sun. (Jacksonville, Fla.) 1905-1908, 1906-06-23
Continued from Page 81

sion on account of the failure Of the
railroads to furnish cars In proper
time, the Commission has promptly
replied in language identical with the
language used in the case of the Nc
Dowell Co. Each shipper complaining
has been advised by the Commission
to make written requests on the rail
road for cars, being careful as to
dates and specifications of number
and kinds of cars wanted, and that
the Commission stood ready at all
times upon complaint that cars were
not furnished to issue notice to the
railroads to show cause why
a fine should not be as
sessed against them. One Of three out
of the large number of complaining
shippers to follow the instructions Of
the Commission and make good his
complaint to the Commission, with
satisfactory proof of the failure of
the railroads to furnish cars is the
Mcdowell Co. The Commission takes
the position that II thing is worth
having 1t Is worth asking for and
that the shippers can get relief 1t
they will pursue the course outlined
by the Commission.
AS an interesting sidelight on this
condition, though having no direct
bearing on any complaint of shortage
of cars but which still has a very
important Connection with the case, we
give the opinion rendered by the At
torney General June 16, 1905, TO
the Railroad Commission in the case
OF Earring & Co., Of Jacksonville,
against the A. G. L. Railroad, for de-
murrage on car which the railroad
company failed to deliver to the Or
der OF the compliments. The railroad
company refused TO pay the claim
for demurrage and the Earring Co.
complained to the Commission, ask
ing them for relief. The Railroad
Commission wrote the railroad COM
pany, requesting them to pay the
claim. This the railroad company re-
fused to do, on the ground that the
shipment having originated from an
out-of-the-State point the Florida
Railroad Commission had no jurisdic-
tion In the matter. The Railroad Com
mission then requested the Attorney
General of the State to inform them
OF Its rights In the matter, with which
request the Attorney General compli-
ed by rendering the opinion which
follows:
Tallahassee. Fla, June 10, 1906.
Hon. Railroad Commissioners ITALIA
hassee, Fla.
Gentlemen:--I am in receipt Of
mr. MI IS
enclosing papers relating to claim No.
174O, for demurrage on carload ship
ment from an out Of the State point.
You request my opinion as to the
power OF the Commissioners to en-
force the claim for demurrage on
Interstate shipments in this and
similar cases. In reply I beg to say
that | am Of the opinion that ChaS.
800, Laws of Florida, vests the
Railroad Commissioners of this State
with full power and authority to pro-
vide and prescribe demurrage rules
and regulations which may be neces-
sary to secure prompt handling,
transportation and delivery of all
freight from along Its line for trans
portation. l observe that the railroad
company against whom the claim for
demurrage In this case arose declines
to pay the demurrage upon several
grounds. First, because of the failure
OF the consignee to pay the freight
secondly, because the cars
were ordered to connecting line:
and thirdly, because the "penalty
rules Issued by the abroad Commits
sion OF Florida do not apply to Inter {
State shipments"
| will consider the last objection I
only. 'O'' ,
me principle which pervades the de-
Visions OF the Supreme Court of the
United States where State statutes as {
lume to Law q burden nnnn Intnr- I