Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1913-07-25
OPINION AND ORDER OF PUBLIC
SERVICE COMMISSION OF
MARYLAND.


Maryland. Case No. sol. Decided July
II, 1918, by the Commission.
The Commission has had this subject
under consideration for some months, ant
public hearings were had July 20. 1912
and December II, 1912. The matter is one
of great difficulty. 1t has been the sub
ject of careful and prolonged investigation
by committee of the National Associa-
ton of Railway Commissioners and its
exhaustive report and the code of rules
adopted by that association and approved
by the Interstate Commerce Commission in
1903, are based upon sound principles and
upon the whole are fair and equitable
While these rules are not legally binding
upon the State, or upon a commission
created by State legislature, they should
not be interfered with by either except for
cogent reasons.
This investigation had its inception in a
bill to regulate demurrage charges and
rules. which passed the General Assembly
at the session of 1910, from which the
Governor withheld his signature for the
reason that the subject came within the
jurisdiction of the Public Service Commits
sion, which was created at the same ses-
sion. This bill did not apply to Baltimore
/ City. The matter was not brought to the
attention of the Commission until the
session of 1912, when a good deal of criti-
! cism was aimed at the Commission for its
/ failure to take some action in the premises.
1t was then understood that the Commits
sion would make an investigation, and
study of the subject was begun shortly
after the Legislature of 1912 adjourned.
At the hearing July 20. 1912, the follow
ing companies were represented:
Maryland Electric Railways Company.
Cumberland Valley Railroad Company.
New York, Philadelphia and Norfolk
Railroad Company.
Norfolk and Western Railway Company.
Frederick Railroad Company.
Pennsylvania Railroad Company, includ-
ing Northern Central Railroad Company.
Union Railway Company, Philadelphia. Bal
timore and Washington Railroad Company.
Western Maryland Railway Company.
Georges Creek and Cumberland Railroad
Company.
Baltimore and Ohio Railroad Company.
/ Washington. Baltimore and Annapolis
Electric Railroad Company.
Do
Company.
Baltimore and Sparrows Point Railroad
Company.
Baltimore, Chesapeake and Atlantic Rail-
way Company.
Maryland and Pennsylvania Railroad
Company.
Emmitsburg Railroad Company.
At the second hearing number of roads
failed to appear.
The chief objection to the rules prOmul-
gated by the National Association of Rail-
way Commissioners, above referred to, was
aimed at the free time allowance of forty
eight hours to load and unload cars at
country sidings, where farmers have to 60
long distances to reach the railroads, and
are without the facilities available in cities
for the rapid loading and unloading of cars.
1t was brought out at the hearings that the
cars now used by the railroads are much
larger than the types in use at the time
the forty-eight- hour rule was adopted and
that it was often impossible to unload cars
within the specified time, owing to the
length of the wagon haul and the difficulty
of getting extra teams in a neighborhood
where everyone is engaged in the same
business and has instant use for his horses
and wagons in the conduct of his owr
affairs.
This impresses us as a real hardship
and inconvenience which should be relieved
if it is possible to do so without detriment
to the interest of others. II is true that
/ the railroad companies are not responsible
| for the location of farms and no special
burden should be imposed upon the roads.
But not only has the size of cars been in
creased since the free-time demurrage rule
was adopted, but the methods of farming
have changed. The commodities required in
agricultural operations have increased both
in kinds and quantities, the produce which
the farmers ship to market is largely in
excess of what il was years ago, and
scarcity of labor imposes additional oner-
GUS conditions upon the business Of farm
ing The railroads have prOfted by the
increased traffic in both directions The
improvement Of public highways, also. has
created demand for road building mate
rial which increases railway traffic and for
the time being, at least, creates a demand
for team hauling.
We are not unmindful of the demands made
upon the railroads for equipment and the
difficulties they encounter in meeting it al
times. nor Of the impedments to the hand
ling of cars caused, in many cases. by the
indifference and lack of consideration
shown by shippers and consigners in load
ing and unloading cars. Nor would il be
proper to overlook the effect of free time
upon the subject of car supply generally and
the capital expenditures for equipment that
would be caused by a lax enforcement Of
demurrage rules or by an undue extension
Of free time.
All of these things duly considered, how
ever, we are Of the opinion that under the
circumstances and conditions disclosed at
the hearings, shippers and cOnsignees at
country sidings should have more free time
than is now allowed for loading and un-
loading cars. and that sixty hours should
be allowed for loading and unloading on al
commodities at country sidings as herein
after defined. such free time TO be com
puted according to Rule of the NatiOna
Car Demunage Rules-this being as Il
intrastate traffic and at country sidings a
modification Of Rule 2 Gree Time Al
lowed , Of said Rules.