The Montgomery advertiser., 1907-09-17
CLAIM RULES ARE UNFAIR Railroads Object to Demurrage Rules, EVERY LINE IS REPRESENTED Extended Arguments Made Before
 State Commission. Speakers Urge That Rules Promulgated
 May Ge Applied to Serious In-
 jury and Inconvenience of the Railways.
EVERY LINE IS REPRESENTED

Every railroad traversing the State of Alabama was represented at the session of the Railway Commission yesterday, when an appeal was made from the rules recently issued by the on demurrage and recipro-, cal demurrage. So large was the at- tendance that it became necessary to vacate the quarters of the Commission on the third floor of the Capitol, and conduct the hearing in the Supreme Court room.
 The cases of the Farmers Union and the Union Springs Industrial Associa- ton, in which the Commission Is asked to reconcile the rates on compressed and uneompressed cotton, was contin- ued until the second Tuesday in Octo- Der, at which time full representation of the complaints of these two organ izations will be made.
 In the chamber at the time the pe- tftton of the various railways was called for hearing were representa- tives from every railway in the State. Arguments were made by T. E. Brooks, Superintendent of the Louisville and Nashville, Manager J. B. Haskell, of the Southeastern Car Service Associa- tion, Manager Ritchie of the Southern Railway, Superintendent Johnson of the Central of Georgia. and many oth- CTS.
 The complaint of the railroads was based on the recent order issued by the Commission relative to demurrage, under the provisions of an act passed by the recent session of the Legisla- ture. The railroad claim that the re- quirements are unreasonable, and pro- ceeded to show by argument and fact
 It was argued that under the rules applications for cars could be so made by shippers under such changes in the condition of the market and other roads, as to make it a physical impos- sibility for the cars to be supplied within the time alleged, imposing a heavy penalty for not performing that which is impossible.
 The Commission was also requested to make provision that the exercise of fH diligence on the part of the Rail- yad companies in furnishing cars fnder such conditions. should give the railroad companies immunity from insert g provision which would enable the railroad companies to regulate an accumulation of freight, and cars at distant points so as to prevent the tie~ ing up of cars at these points to the of the small shippers, without mourning the penalty under the rule.
 Unjust to the Railroads.
 It was shown that very frequently heavy shipments were made to one distributing point, port, etc. and that occasions arose where dispo- sition could not be made of the freight so accumulated, and that it was fre- qpently necessary to place an em- bsrgo against these shipments. or against certain points. to prevent tie- oars.
 It was shown that the proper exer- else Of the embargo under such condi- tions prevented the loading of a large impossible to dispose of the contents promptly. and that under these em- bargoes, equipment could be protected for the beneflt of the little shippers who were interested only in a strict ly local movement. .-.
 It was also shown in the discussion that strict enforcement of the rules as at present fixed, would result in the application of all equipment to the movement of intrastate business, and to the exclusion of interstate business the latter being probably SO'per cent of the States transportation.
 Under Rule 2, 1t was shown that the railroad companies could be re- ouired to issue bills of lading and re- ceiVe freight, regardless of the condi- tiops that might exist at desttnation. regardless of the marSler or condition in which the freight might be rendered, and that the railroad company would be required to make movement Of fifty miles per day notwithstanding.
 It was shown that a large portion of freight originated on branch lines where there was no sufficient business to Justify more that one train per day, and that frequently the railroads would be penalized for failure to move shipment could be started from load ing point without running extra trains ut a heavy expense for two or three cars on each branch line. which could be handled by the regular train with out such expenditure.
 The Railroad Commission was shown that time was reQuired after the bill of lading was signed, to switch the car into the train yard for weighing, inspecting. making of way bills, etc, all of which took time, and that ire quently one days penalty at fifty miles per day was incurred before 1t was pos sible to start the car on its forward movement-this being applicable par ticularIy to short haul shipments.
 The Commission was requested tc make the movement twenty-five miles per day Instead of fifty, and to allow tWenty-four hours additional in which to get the car started on us forWarC NA-' Delays Between Divisions.
 If was also shown that necessary de. lay occurred at each distrlputloh yarS
 
 visions and made up to go forward
 thai there was necessarily considerable
 delay in transfers of less than car loaf
 shipments at the various breaklnl
 points transfers of broken cars, etc.
 and additional time was requested t'
 cover these necessary movements.
 Special attention was called to th' fact that the failure to give the va rions detailed information on the notic' of the arrival of shipments, would op crate in many cases to prevent du application of demurrage, and that Il q good many cases, it was impossible t
 give all of the information required
 while a simple notice of the arrival
 the car or the shipment. with the con tents and the initial and number 10
 gether with amount of freight woul De ample to enable the conslgnee | identify and make disposition. Tn Commission was urged to so correc that rule. -,-.- AL.
 Under Rule Four, 1t was shown tha
 large portion of the carload snip
 ments arising at large terminals, re | uuired special disposition ofuers IroI | inc consfgnor. and that it was neces sarv to send such shipments to what known as hold" yards. and that in l majority of instances, disposition wa given at such hour as to make It i'm possible for these cars to be swltche 1 out and placed within tWenty-tou 1 hours Forty eight hours for tn | switching and placing of such cars wa | urged as reasonable time.
 l Attention was also called to the faG l that the shipper was allowed Forty | eight hours before demurrage coul i DossihIy apply, while under Rules Thre