The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-11-08
TWICE A WEEK, 81. so A YEAR

gave the $1.75 and cut off the $50
penalty.
The supreme court Of South Car
olina reversed the circuit courts de-
cision respecting the penalty and the
case went to the supreme court Of the
United States, which today sustained
the supreme court Of South Carolina.
The railroad claimed that the South
'Carolina law fixing the $50 penalty
was unconstitutional in that it was
discriminatory against railroads, not
applying to other corporations, and
that 1t was taking property without
due process Of law.
The supreme court declares that the
law is constitutional, that it applies
ITO all common carriers, and Justice
Brewer in handing down the decision
said in effect that it was good SER
vice rendered by Seegers & Bro, as
most small shippers would not 60 to
the expense of making a contest.
Justice Brewer said: Il
1'It is not an act 4eveled against
corporations alone, but against all
common carriers, The classification
is based upon the nature Of the bua- :
ness that business being Of a aapubhc
character.
EFurther, the matter to be adjus~
ted is one peculiarly within the
knowledge of the carrier. 1t receiv-
es the goods and has them in its GUS
tody until the carriage is completed.
It knows what it received a1d what it
delivered. 1t knows what injury was
done during the shipment and how it
was done. -.
"While in this case the penalty
may be large compared with the value
Of the shipment, yet it must be re-
niembered that small shipments are
the ones which especially need the
PROJECTION Of pt3al statutes Like this.
If a large amount is in controversy
the shipper can asf",d to itigate.
Whec there is but the trifle Of dol
lar or two the <hit:ai; ian not yell
aff,rl lawsuit. and st .;1stiee re-
ouires that his claim be 9:!r:sted and
paid with reasonable. ?roa p.ness." a.:
+ Zsch MeGhet.
The above brief dispatch from
Washington is the final chapter IN
one of the hardest fought legal bat
ties in this state in years, and the con-
stitutionality Of an important statute.
Of South Carolina is upheld by the
highest tribunal in the country, Sec
ton I'LL of the code, which provides
that all claims for loss or damage
a"aiast any common carrier must be
paid within 90 days, or refusal to pay
same must be made within that time.
The case was first heard by Magis-
trate Samuel H. Ried at Cheraw, who
rendered a decision in favor Of the
plaintiff. The case grew out Of the
loss of a bunch Of bananas shipped
from Columbia to Mr.. Seegers, a
merchant at MeBee, Chesterfield coun-
|ty. A claim for $1.75 was fled with
the agent Of the railroad company at
McBee, but he failed to take any no.
tice Of it within the go days required
by law. The plaintiff then began suit
in Magistrate Reid's court for the
amount Of the damages, PLUS $50
penalty as provided in section I'LL.
Hon. W. P. Pollock Of Cheraw was
the attorney for Mr.. Seegers. The
railroad company served notice of ap-
peal from Magistrate Reds decision
and from there the case was carried
from ,court to court until it finally
reached the supreme court OF the
United States.
The law under which this case was
brought, and which the railroad COM
panies we're anxious to have annuD-
ed. reads as follows:
Section I'LL. All common carriers
doing business in this state shall be
required to pay for or refuse to pay
for all loss, breakage or damage from
[ breakage. damage or loss of articles
shipped over the lines Of said common
carriers without 80 days from the
time a claim for said article or artl-
cles so lost, broken or daroaged shall
be made.
"Tn case the said common Garner
I sha!? not pay or refuse to pay said
claim for said loss, breakage or dam
age as set out in section 171G within
the 60 days there il provided for,
then the said common carrier shall be
7. e. Ill., ,,,,,o ,>f GS0 for aanh