Every evening, Wilmington daily commercial., 1922-05-08

named In existing tAriffs except such
awaiting ships at porta, together with
other exceptions which need not be
considered,
philadelphia 4 Reading tarin I. O,
Cs-J-No, sa57. referred to Ia the
domurrASv tariff. contained the rules
and CHARGES applicable to the utcrNS.
OF freight at all points ON tho phtlA-
delphla = Reading system except
nN''e ''oit'i,ln. l's Item 7, rnlo 1. pro-
vidcd that freight. other than com-
pany material, received for delivery
.,.,' .,4t4,- ~ A0.s, ii,t,V a shipment or iof
forwarding directions II stored In
railry,ad stations would DO subjcct to
tho rules thsrolu, Itcm , contained
rules applicable to freight, other than
coal and coke. for transshlpmcnt by
water Mt Chester Marcus Hook. Pu.,
and Wilmington. Ruls 1 (O provided
that carload shipments Of explosives
or other dangerous articles would be
subject to both domurruxc and storage
rules. and for the latter referred TO
rule 9 In the same tariff. Under this
rule, whom read In connection with
rule ;, "Freo Tfmo Allowed" the
storage charges on carload shipmcnts
OF the most dangerous explosives wero
IS per day after tho expiration of ~
hours, and on tho less dangerous
articles 81 per day nfter IS hours, In
addition to the regular demurragc
charges. Itcm 2, covering freight for
transshlpment. provided 10 days free
time, and thereafter storage charges
at tho ratio u l cent pcr 100 pounds
for tho first 10 days and 0.b cent per
100 pounds for each succeeding 10
days or fraction thereof. and con-
( tuincd no provision for higher charges
ON explosives.
| complainant contends that the
rules under item were applicable on
domestic freight. and that the only
charges that could lawfully be ap-
piled on export freight were those
specified In item .. 1t claims exemp-
ton from demurraxe charges, and
asserts that II WAS entitled to the
bonefit OF tho free time and storage
charges applicable on expert traffic.
Defendant, on the other hand. takes
the position that tho explicit pro-
visions covering free time and storage
on explosives and other dangerous
articles In effect removed thoNe COM
modities from the general rules and
placed them in a separate division Of
the tariff.
while IL may have been the inten-
ton OF defendant to limit the free time
on export shipments Of explosives tc
either as or "a hours and 10 provide
for storage thereafter at the rate Of
81 or s5, depending upon the character
of the commodities. and to chsrge de-
murrage in accordance with its gen
eral demurrage tariffs. the tariffs fail
ed TO carry that intention into effect
The commission has frequently held
that tariffs must be construed strictly
according TO their terms. and the In
tenuon Of the farmers 1. not CONTROL
ing. Rule 2 of the tariff. which pro
vided for as houra' free time on ell
commodities except dangerous ex.
lplosives IL in conflict with the pro.
visions OF item 2. the latter applying
explicltly on export traffic and author
izing 10 days free time, with specified
charges for storage thereafter, an,
the charges in the demurrage tarif
were expressly. made inapplcablo {,
export freight awniting vessels a
ports.
We find that the demurrage charge
assessed on tho shipments that wer
: exported from Wilmington were IL
legal; that tho storage charges there
on were illegal to the extent that the.
exceeded those that would have &C
cured at the rate OF per cent pc
ID 100 pounds for tho FIRST 10 day
after the expiration of 10 DAYS FIRE
! time, and o.5 cent per 100 pounds 70
! each succeeding 10 days or fractio
thereof; and that complainant pai
and bore the charges and is ent!tle
Q to repara tion, with interest. T-po
Q compliance with Rule V of our Rule
a of Practice and due proof OF exporta
e tion We will consider the entry OF a
a order awarding reparation."