The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-29

! enforce the provisions of the railroad
commission law, the commissioners
are authorized to adopt a rule making
all railroads liable to a shipper in a
| charge of one dollar per day per car
for OBTAINING cars properly loaded
and shipping instructions given III
! violation of the commission rules.
Such charge is not a penalty, but
is a monetary obligation incurred for
! breach of duty that may be enforced
by the shipper to which it is due.
t. The stability or charge pre-
| Scribed by the rule of the railroad
/ commissioners making the carrier
| liable to the shipper In the sum OF
! one dollar per day per car for the
| unlawful detention of loaded cars,
| does not appear to be excessive or
unreasonable or unjustIy discumina-
| tory; but it may be considered to be
and may in fact be a reasonable and
| salutaTy means to prevent or to aid in
/ preventing unjust determinations and
abuses in interstate shipments, which
/ is the purpose of the constitution and
| the railroad commission law. The
rule is general in its terms and is ap-
plicable alike to all under similar
conditions Only railroads use cars
in transporting freight.
Il. If a valid excuse exists for not
Obeying a rule of the railroad COM
mission. there is no penal violation OF
it; land the rule cannot legally be so
applied as to directly and materially
| burden interstate commerce, or so as
TO deprive the carrier or the shipper
Of any rights afforded by the law.
IS Even if il be competent for the
legislature to impose penalty upon
carrier alone for a refusal to pay a
pecuniaTy liability, in the absence OF
valid, explicit enactments, penalty
may not be incurred for merely re-
6tmTjng to guJR arf al HI 9 9ns f2T Which
charge for failing to perform a legal
duty IS created by the rule. in tho
payment OF which liability the public
IS not concerned. A penalty is not
incurred under the statute for refus-
ing TO pay penalty or for refusing
TO pay charge imposed under the
commission rules.
- The particular powers and du-
ties prescribed in other acts where
not intended TO affect do not sf-
fect the powers and duties of the
commission, as defined by the rail-
road commission statute and the
amendments thereto. The constitu-
ton and the statute contemplate clI-
mulattve remedies to make effective |
the general purpose of regulating in
trastate transportation by common |
20. Penalties may be incurred bv a l
railroad company under the statute 1
for the penal violation of prescribed Il
duties peculiar to such companies. but H
the statute does not provide for in II
penalty for mere refusal tn II
pay monetary liability imposed by a
rule of the railroad commission.
Judgment affirmed
l.. C. Massey, for plaintiff in error |
Geo p. Raney, w f. KAY. Spark
man & Carter and Blount & BIount
Z Carter, for defendant in error,
Manatee County State Bank. a cor
,oration, plaintiff in error. vs.. Ben F.
Wade and Victor Nettles. partners as
ne Ben F. Wade Packing company.
efendants in error Manatee county.
FER Curtain
In order for the appellate court
pom writ of error to review the suf-
cheney of the evidence to sustain
he verdict or finding a motion for a
ew trial upon that ground should
2 duly presented to and acted upon | {
Y the trial court which motion ana ! 4
be order made thereon and the ex- :,
option taken should be evidenced TO
ne appellate court by a proper bill
exceptions; and the facts that the c
1al was by the judge without jury. Fl
nd that the finding and judgment G
ere excepted to, do not dispense |
it'll the necessity for a motion for OF
new trial. T,
Judgment affirmed f.
Glen & Hines, for plaintiff in error. pl