Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-04-03
WESTERN CAR SHIPPERS SUE.
Complaint Filed Against Southern
hallway BY Seventy~FfTe Business
Men Of Central and Western Section.
q State Alleging Excessive Rates.
lRaIeigh Times, March 26..

S9SHCSu 10 the Corporation
commission was filed with it today
IN benalf of seventy-fve North Carroll
Ne Shippers In central and western
North Carolina against the Southern
RauWay company, and involves its
scheme Of interdivisional rates be
tween points over It's line in North
Carolina.
The petition covers fifteen typewrit-
ten pages of statistical exhibits. The
petition is signed by Wade III. Ellis
and A. e. Leckie, attorneys for COM
pla1ntants, and Leckie, Cox and Kratz:
Ellis and Donaldson and j A. Kratz.
u. of counsel, all attorneys of Wash
ington, d. G.
The Allegations.
b Southern Railway has for years
been permitted to charge on certain
of it's lines in this State, notably the
Murphy branch, and between Old Fort
and Asheville, and some other divi-
s1ons, freight rates higher than the
commissions standard freight tariff.
! The petition alleges that the Southern
RAILWAY has been, without authority,
projecting these higher scales, of
freight rates beyond the particular d.
visions upon which they were specif-
cally authorized. and that on all ship
ments from and to points on these di-
visions, authorized to charge the high
ler local rates, to other points on its
lines in North Carolina for which the
standard freight tariff is prescribed,
the Southern Railway has been apply
ing On such through shipments, where
as the petition alleges that under the
rules and orders made by the Corpora
ton Commission, the Southern Rail-
way is only authorized to charge the
higher rates of freight as local rates
on the particular divisions for which
they were authorized, and that on all
through interdvisional shipments. over
Tits lines in North Carolina the stand
AID freight tariff should be applied.
A Sweeping Demand.
Wherefore, the compliments pray
that an order under the act of 1899, au-
defendant to cease and desist from the
aforesaid violations of the laws of
North Carolina, and the standard
freight tariff and rules for its sapplica-
ton, prescribed and promulgated in
pursuance of said laws, and to estab-
fish, put in force and apply as maxim
Ia IAO 1QIdlS u IuO IduSpOIIdlIOA Ol
Ifreigh moving interdivisionaly, as
well as locally, over the lines of the de-
PENDANT, in lieu of the unlawful rates
now charged by the defendant, as
foresaid, other rates consistent with
the aforesaid standard freight tariff
and rule 1 for it's application, and also
to make ample and full compensation
to compliments in such sums, respec-
/ As-x@1- - -
be due them, with interest at six per
cent, because of the exaction {, the un=
lawful freight charges aforesaid. and
that such other further order or or
ders be made as the commission may
consider proper in the premises and
complaints case may appear to re-
quire."
Want PREPARATION.
From the foregoing it will be seer
that the commission is being asked to
make an order not only to require the
Southern Railway to apply the stand
ard freight tariff as an i~nterdiyisional
tariff over all of its lines in North Car
olina but also to make an order. of re-
paration for allegedtovercharges based
upon charges heretofore made in ex-
Icess of the standard freight tariff on
such interdiyisionaI shipments in the
state.
Big Sum Involved.
The petitionsers have not filed with
the commission all Of the claims for
Ioyercharges which they represent.
but enough of the claims have been
filed to represent each of the different
situations involved in. the petition. It
is understood, however, that a very
large sum is involved in the proceed
ing. Freight bills, filed with the petit
lions on behalf of one of the petition
Eers, represent claims for alleged over
charges of N,129.22.
j.. A. Kratz, Jr., attorney of Wash
Eington.gD ID. c., had a conference with
the Corporation Commission about two
weeks ago with reference to the freight
rate situation complained of, and the
the petition was filed today.
OF Great Interest.
The progress of this proceeding will
be watched with a great deal Of in
Eterest by shippers in Piedmont and
western North Carolina, both by rea-
son of the large amount of claims for
refund of alleged oyercharges to North
Carolina shippers and also from a
standpoint of interest in a better adj
iustment OF rates Internationally
over the lines of the Southern Railway
in this state.
The Petitioners.
The parties of record to the petition
are as follows:
snow Lumber Co., Continental Fur
.nfture Co, Tate Furniture Co., High
Point Furniture Co., High Point Show
case Co., Rankin CONN & Casket Co.,
Southern Chair Co., High Point Me-
tallic Bed Co, Balance & CO.. Brooks
Manufacturing Co., J.. M. English
Lumber Co, Citi-Lhmber Co, Mt.
Mitchell Lumber Co., J.. w. Ruther-
ford Qumber) Greenwood & Black
stock uumber), Williams BrownWell
planning Mill Co., Azalen Woodworking
Co., G.. A. Brown IL Brother, BACK
Mountain Lumber Co., Mt Mitchell
Lumber Co., Rigby-Morrow Co, Hen
Wholesale Grocery. Co.,,