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eight (48) hours from 7 a. m., or 12 o'clock noon, next following arrival notice.
16) Cars that arrive to be placed on standing order, or on which disposition has been furnished receiving agent prior to the time of arrival, shall be allowed forty-eight (48) hours from 7 a. m., or 12 o'clock noon, next following notice and placement.
(c) Cars that arrive to be delivered on standing order to a private siding, said private siding being fully occupied, shall be allowed forty-eight (48) hours from 7 a. m., or 12 o'clock noon, next following notice of cars being offered, i. C., the time placement could have been effected had such siding permited. · Cars will be similarly treated when delivery to recognized or designated delivery tracks can not be effected on account of such track or tracks containing cars belonging to same consignee.
In all cases where actual delivery of cars can not be made on account of some act of the consignee, legal delivery will be considered to have been effected when the railroad offering such cars would have made delivery had not such act of the consignee prevented.
A charge of one dollar per day, cr fraction of a day, shall be made on all empty cars placed for loading after the expiration of forty-eight (48) hours from 7 a. m., or 12 o'clock noon next following placement, except that on team or public delivery tracks notice of placement shall be given, and that cars to be loaded at coal mines shall not be treated as placed until actual loading of the cars shall have commenced.
On cars for unloading, if actual notice is given and car placed before 12 o'clock noon, free time shall begin at noon. If actual notice is given and car placed after 12 o'clock noon, free time shall begin at 7 o'clock a. m., following. If constructive notice alone is given after 7 o'clock a. m., and before 12 o'clock noon, free time shall begin at 7 o'clock a. m. there
after, and if given after 12 o'clock noon and before 7 o'clock a. m. next day, free time shall begin at 12 o'clock noon thereafter.
The notice referred to in these rules, except as to the cars placed for loading, may be either actual or constructive, and in either case shall be in writing, and must show the initial and number of the car, the rate and also the weight thereof, when cars are weighed before delivery, and also the amount of charges upon said car or cars, and also the name of the consignor and point of origin, when said name and point are known, or can be obtained by reasonable diligence. Actual notice shall be given by delivering said written notice to the consignee in person, or by leaving the same with his agent or employee at his usual place of business, if he has such place of business, in the vicinity of the station, town or city to which said car has been consigned. Constructive notice shall be given by depositing said written notice in the U. S. mail, properly stamped and addressed to the consignee, provided, however, any individual shipper may agree in writing with any railroad company as to the form of notice, in which event the foregoing rule as to form of notice shall not apply, but no such agreement shall be incorporated in any bill of lading or original contract of shipment.
When, on account of delay or irregularity of transportation, cars are bunched in transit and delivered to consignee in num. bers beyond his reasonable ascertained ability to unload within the free time prescribed in these rules, he shall be allowed by the carrier such additional time as may be necessary to unload cars, so in excess, by the exercise of due and usual diligence on the part of the consignee.
It is, therefore, ordered by the Commission that all charges, rules and regulations of said Louisville Car Service Association and of said railroads in conflict herewith, be, and the same are hereby determined to be unjust and unreasonable, and all moneys charged, collected or received thereunder, are, in the opinion of this Commission, extortionate.
All other questions herein involved are expressly reserved for future determination by this Commission. The Commission reserves the power to modify the order herein at any time when it may be deemed just and proper.
C. C. McCHORD, Chairman,
The foregoing is a true copy of a record on file in the office of the Railroad Commission, showing the decision of the Commission in the matter of the complaint of The Lumbermen's Club, of Louisville, Ky., vs. The Louisville Car Service Association, etc., as to extortionate demurrage on cars. Given under my hand this .... day of October, 1904.
M. R. GLENN, Secretary the Railroad Commission.
SYNOPSIS OF COMPLAINTS AND STEPS
E. R. BASSETT, Complainant,
vs. ILLINOIS CENTRAL RAILWAY Co., Defendant.
Subject: Extortionate rates on coal.—Complaint investigated and the following reductions made on coal per ton of 2,000 pounds, viz.: From all stations on main line east of Green river and in Owensboro district, to the following points :
OLD RATE. NBW RATE. To Goff's, Spring Lick, Caneyville, Millwood, Keyser's and Leitchfield
....... $0 80 $0 60 To Grayson Springs .....
. 1 0070 To Big Clifty, East View, Stephensburg, Hansborough and Cecilia
1 20 80 To St. John ..
1 20 100
E. KELLEY & SON, Complainants,
vs. ILLINOIS CENTRAL RAILWAY COMPANY, Defendant.
Subject: Extortionate rates on coal.—Complaint investigated and rates reduced from all mines east of Green river and Owensboro district, as follows, viz.:
OLD RATE. NEW RATE. To Spring Lick ......................... $0 80 906
S. M. BRADLEY, Complainunts,
CHESAPEAKE & OHIO, LEXINGTON & EASTERN, LOUISVILLE & AT
LANTIC AND OHIO & KENTUCKY RAILWAYS, Defendants.
Subject: Extortionate rates on crossties.—This complaint was investigated, and after full hearing of the evidence and argument of counsel, the following reductions were made, from all stations on the Chesapeake & Ohio Railway, viz. :
OLD RATE. NEW RATE. To Huntington, Va.; Ashland and Lexington, Ky. ............
..... $0 09 $0 07 To Cincinnati, O. ...
12 To Louisville, Ky. .
09 To Pittsburg, Pa. ........
THE BIGSTAFF CANNEL COAL COMPANY, Complainants,
VS. CHESAPEAKE & OHIO, LOUISVILLE & ATLANTIC, LEXINGTON &
EASTERN, AND OHIO & KENTUCKY RAILWAYS, Defendants.
Subject: Extortionate rates on coal.—The complainants failed to appear, either in person or by counsel, at the time and place fixed for the investigation of this complaint; the Commission, however, made an investigation, and as a result the following reductions were made, per ton, from all stations on the Ohio & Kentucky Railway to all stations on Chesapeake & Ohio Railway, between and including Pine Grove and Ewington, as follows:
OLD RATE. NEW RATE. On bituminous and semi-cannel coal ...... $1 45 $1 25 On cannel coal ........
...... 1 50 1 30 From Louisville & Atlantic stations to same
J. V. SHIPP, Complainant,
vs. LOUISVILLE & NASHVILLE RAILROAD CO., Defendant.
Subject: Extortionate rate on live stock, Midway to Latonia, Ky.This complaint was investigated and a new tariff issued, reducing the rate to and from the points indicated, as follows:
OLD RATE. NEW RATE. $0 41 $0 28