Pueblo chieftain., 1921-03-11
HOUSE PASSES BILL
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Continued from Page One)
same shall be furnished in five days:
II the application be for more than
ten cars and less than fifty cars the
same shall be furnished in ten days:
provided further that II the applica-
ton be for fifty cars or more, such
railway company, person. corpora
uon, receiver or trustees shall have
fifteen full days in which to supply
the cars; IL the application be for
cars for transportation OF perishable
freight the number of cars applied
for shall be furnished within forty
eight hours; provided, that the point
TO which said freight is to be shipped
is on the line of tho railway COM
pany to which such application for
cars is made. or on the line of a rail-
road with which the railway COM
pany TO which application is made
has connections and to which point it
ordinarily received freight for ship
ment; and provided further. that
railway companies to which such ap-
plication may be made shall not be
obligated under the terms hereof to
furnish cars OF any class required for
the transportation OF the class of
commodity to be shipped and for
which application Is made. unless It
owns or usually operates such class
OF cars. All cars supplied in COM
pl!ance with the provisions of this
section shall be suitable for the pur-
pose for which they are ordered.
The time herein stated for the de-
livery OF cars mentioned in any such
application shall begin to run from
tho hour of Z o'clock a M. OF the
next day following the day of there
ceipt of any such application by the
railway company. corporation. re-
ceiver, trustee or other person in
charge TO whom It is given.
Sn~tipp rara ,np1fpd
for under the provisions OF this act.
IN they ar1 not furnished as herein
provided. the railway company. per
son. corporation. receiver or trustee
so falling to furnish them shall be
liable and Immediately indebted to
tho party or parties so applying for
said car or cars in the sum OF 50 per
day for each car failed to be so fur
| ntshed. TO be recovered in any court
OF competent jurisdiction, and in ad-
ditioh all actual damages that such
| applicant may sustain by the failure
TO furnish said car or cars.
Section 3. Such application shall.
at the time OF applying for such car
or cars, deposit with the agent OF
such company or with such person,
corporation, receiver, or trustee SIS
per car to apply on freight charges
for the use OF such car or cars, IL
such agent or such person. corpora
/ such deposit; and suoh applicant
shall within forty-ciEht hours after
such car or cars have been delivered
and placed as hereinbeforo provided
fully load the same; provided further
that such applicant having ordered
ono or more cars under the terms OF
this act, shall have the privilege of
cancelling his order for said car or
cars provided such cancellation is
made five DAYS previous to the date
| such car or cars are ordered for de-
livery. and also provided that where
delivery of such car or cars ordered
under the terms of this act has been
made by such railway company. per
son. corporation, trustee or receiver
or other person in charge thereof
such applicant may cancel such order
and such railway company, person,
| corporation. trustee or receiver or
other person may retain the SIS de-
posit hereinbcforo provided, and upon
failure to do so. he shall be liable and
Immediately indebted and pay to such
company person. corporation, re-
ccivCr or trustee the sum Of So per
day for each car not used. provided,
that where applications are made on
several days, all of which are filled
upon the same day, the applicant
shall have forty-eight hours to load
the car or cars furnished on tho nrst
application, ana the next forty-eiEht
hours to load the car or cars furnish
cd on the next application. and so
on; and the pcnolty herein prescribed
shall not accrue as to any car or lot
OF cars applied for on any ono day.
until the period within which they
| may be loaded has expired, and III the
| said applicant shall not use such cars
so ordered by him, he shall forfeit
and pay TO the said railroad company
in addition to the penalty herein pre-
scribed. the actual damages that such
company may sustain by the failure