The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-11

charges therefor and the respective
rights. duties. obligations, liabilities and
remedies of common carriers by rail and
shippers and consignees with respect to
the furnishings of empty cars and the
transportation and delivery OF freight
and delay of shippers and consgnees
in the loading and unloading of cars
and the receiving OF freight and changes
for such delay. Be it enacted by the
Legislature of Alabama.
Section l. That when a shipper or con-
sgnee makes "A written application 10 u
railroad company for Il car or cars, 10 be
loaded with any kind of freight embraced
in the tariff of said company. stating in
said application the character Of the
freight. and its final destination, il shall
he the duty Of the railroad company to
furnish the same at loading point or
points if The number of cars be three or
less within two days from seven o'clock
A NJ. of the day following such appica-
aion, il the number required be more
than three and less than ten, within five
days. and If the number be more than
zen and not more than twenty-five, with
in ten days from seven o'clock, \. NJ. of
the day following the date of such APP
plication, but the railroad company shall
mot be required to furnish more than
twenty-five cars to any one shipper at
any one time and place. When the SNIP
per making such application specifies Il
future day on which he desires TO make
shipment. giving notice thereof for not
less than the number of days specified
above. computing from seven o'clock
Va NJ of the day following such appllca-
tion the railroad company shall furnish
such car or cars on the day or days
specified in such application. For failure
10 comply with the provisions of TINS
section the company so offending shall
forfeit and pay to the shipper applying,
the sum of one Dollar per car per day,
for each day or fraction of a day. of de-
lay after the expiration of free time. in
furnishing said ears, upon demand III
writing made within sixty days there
after by the shipper; provided, the total
forfeiture shall not exceed Ten Dollars
for each car, the applicant may require
the agent or officer with whom the appll-
cation is filed no give a written receipt
for the application stating the time OF
the receipt of the application, and any
agent or officer who fails or refuses
10 give the receipt herein provided for
shall be guilty of a misdeamnor and upon
conviction shall be fined not more than
Five Hundred ($50O00) Dollars. Provided,
that If the railroad company shall be
delayed in furnishing the cars applied
for by an act of God or by any accident
on the road or by u strike. the delay
thus caused shall be added to the free
time allowed herein for the furnishing of
said cars.
Sec. . When freight in car loads or
less is rendered to railroad company
and correct shipping instructions given,
the railroad agent must Immediately re-
ceive the same for shipment and issue
bills 70 ladng therefor, and whenever
such shipments have been so received by
any railroad company, they must be car
,ied forward at the rate of not less than
Fifty 600 miles per day Of twenty-four
hours. computing from seven O'Clock A.
M. of the day following receipt of ship
lnent and for failure to receive and trans
port TO their destination such shipments
within the time prescribed, the railroad
company so offending shall forfeit and
pay to the shipper, or consignee, accord
ing to whose interest is affected by the
delay. the sum of One Dollar per car
for each day or fraction of "a day of
delay beyond the free time allowed on all
carload freight. and One cent per hun
bred pounds per day, or fraction thereof,
4l....~ L.,
with minimum charge of Five 90 cents
for any one package, upon demand in
writing by the shipper or conssnee,
whose interest is affected by such de-
lay; provided, that in computing the time
of freight in transit, there shall be al
lowed twenty-four hours at each point
where transferring from one railroad to
another or rehsndling of freight is in
Nolved, provided further, that the total
forfeiture shall not exceed Ten Dollars
$4,000 on consignments not in excess
of car load, and that the total forfeit
uire for each car shall not exceed Ten
Dollars $1,000. Provided further that
alle period during which the movement
of freight is suspended on account of
accident or any cause not within the
power of.the railroad company to pre-
went and inot due TO any negligence of
dhe railroad company or that of its EN-
ployes, shall be added to the free time
allowed in this section, and counted as
additional free time.
Sec. 6. Railroad Companies shall within
twenty-four hours. after arrival of ship
ment, give notice, by mail or otherwise,
together with the weight and amount of
freight charges due thereon; and where
goods or freight in car load quantities
arrive, such notice shall contain the date
and hour the car arrived, also identifying
plumbers. letters and initials of the car
or cars and If such goods or freight are
transferred to another car or cars In
dransit, the number and initials of the
car in which originally shipped. Any
railroad company failing to give such no.
tice within the time required by this
section shall forfeit and pay to the ship
per, or consignee whose interest is affect
ed, the sum of One Dollar CS1.00) per
car per day for each day or fraction of
day of delay in giving such notice on
per hundred pounds per day. for each
day or fraction of a day of such delay,
on freight in less than car loads, with
minimum charge of five 90 cents for any
"a, -. r.f.,., -, 4