HE
1826
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19
B 383271
FREE LIBRARY COMMISSION,
EGISLATIVE REFERENCS POOM.
State Demurrage Rules
•
ว
UNIVERSITY OF MICH
GENERAL LIBRARY
FREE LIBRARY COMMISSION,
LEGISLATIVE R
~OOM.
STATE
DEMURRAGE RULES
WITH DIGEST
COMPILED FOR
THE NATIONAL HAY ASSOCIATION
BY
rought
JOHN B. DAISH
GENERAL COUNSEL
PRICE $1.00
PUBLISHED BY
GRAIN DEALERS JOURNAL
CHICAGO
1904
HE
1826
D13
NOTE.
This compilation intends to cover only the rules relating to de-
murrage, so-called reciprocal demurrage or delayage, which have
been enacted by the legislatures of the several States or promulgated
by Commissions organized under State authority.
匹
​Transport.
Introduction
Connecticut
Florida
Georgia
Louisiana
Minnesota
- Mississippi
Missouri
North Carolina
North Dakota
TABLE OF CONTENTS
South Carolina
Texas
Virginia
Digest of State Demurrage Rules....
South Carolina Form for Ordering Cars....
Page
4
5
6
.11
….16
.21
.22
.27
28
32
.34
41
.48
..56
.68
List of States in which Adequate Car Facilities Must Be Supplied....69
3
INTRODUCTION
The term demurrage was originally used in maritime law to
denote an allowance or compensation for the delay or detention
of a vessel; it may mean both the amount due and the right to col-
lect same, and may arise from a contract either expressed or im-
plied, or by reason of custom, and originates in the delay or de-
tention in loading or unloading cargo, or waiting for convoy.
In recent years the term has been applied both in business circles
and in law to the charge made by rail carriers for what may be
aptly termed warehousing services; for the detention of cars in
loading, in unloading or billing, the usual charge is a stipulated
price per day after the expiration of a certain time, often varying
with the commodity and the locality. The rule is also made to
apply to package freight not removed from the carriers' property
within a specified time, or if not billed out after delivery to the
carrier. The term Car Service is in general, as far as rail carriers
are concerned, used in the same sense as demurrage.
Reciprocal demurrage, or car service, and delayage usually refer
to a compensation to be made to the shipper or consignee by the
· carrier for failure to furnish equipment within a specified time
after notice that it is required to give, notice of arrival promptly, to
move loaded cars promptly after loading, to place cars which have
arrived at destination, and in some states, to move loaded cars at
a specified rate per day.
Demurrage or car service where the payment is to be made to
the carrier, is supposed to be enforced against all parties by the
several Carservice Associations, the first organized about 1886, of
which there are thirty-eight in the United States. Reciprocal de-
murrage or carservice and delayage is the result of affirmative
legislation by the several states, and is usually enforced by the
state railroad commissions.
4
STATE DEMURRAGE RULES
CONNECTICUT.
SEC. 3774.
CHARGE FOR DETENTION OF CARS REGULATED.
No company owning or operating a railroad in this state shall
claim, demand, or collect from any shipper or consignee of mer-
chandise, or freight, any sum, damage, or charge for the delay or
detention of cars in loading or unloading, for any period of less
than four consecutive days, Sundays and legal holidays excluded.
Such four days shall be computed from the time the cars become
accessible to the shipper or consignee for the purpose of loading
or unloading.
SEC. 3775.
CHARGE FOR STORAGE REGULATED.
No such company shall claim, demand, or collect, from any con-
signee of merchandise or freight, any sum for the storage thereof
in a freight house, warehouse, or other structure, for a period of
less than two consecutive days, Sundays and legal holidays ex-
cluded. Such two days shall be computed from the time of the
arrival of such merchandise or freight at the place of delivery.
Every such company violating this section or section 3774 shall
forfeit to the state double the amount so claimed, demanded, or
collected. (Laws of Connecticut: Revision 1902.)
5
20
6
CO
STATE DEMURRAGE RULES.
FLORIDA.
The railroads doing business wholly or in part within the state
of Florida are hereby authorized to operate the following Demur-
rage Rules:
RULE I.
FREIGHT SUBJECT TO CAR SERVICE CHARGES.
All freight in cars, whether full carload or not, shipped to one
consignee and taking track delivery will be subject to car service
regulations.
RULE II.
NOTICE TO CONSIGNEES.
Railroad companies shall give prompt notice by mail or other-
wise to consignees of the arrival of goods, together with the weight
and amount of freight charges due thereon as shown by way bills,
and when goods or freight of any kind in carload quantities ar-
rive, said notice must contain letters or initials of car, number of
the car, net weight and the amount of freight charges due on the
same. Storage and demurrage charges may be assessed if goods
are not removed in conformity with the following rules and regu-
lations. No storage or demurrage charges, however, shall, in any
case, be allowed unless legal notice of the arrival of goods has been
given to the owner or consignee thereof by the railroad company.
RULE III.
LEGAL NOTICE.
Legal notice referred to in these rules may be either actual or
constructive. Where the consignee is personally served with notice
of the arrival of freight, free time ends seventy-two (72) hours
from the time of notification, not including Sundays or legal holi-
days. Constructive notice referred to consists of posting notice by
mail to consignee. Where this mode of giving notice is adopted,
there shall be twenty-four (24) hours additional free time to be
added to the seventy-two (72) hours, to be computed from the time
notice was mailed; provided, however, that if, in any case, when
notice of arrival is given by mail, the consignee will make oath
that neither he, his agents, or employees have received such notice,
then no demurrage charges shall be made until after legal notice,
as above specified is given.
FLORIDA.
r
RULE IV.
PER DIEM CHARGE.
A charge of one dollar ($1.00) per car per day shall be made
for detention of cars and use of track when cars are not loaded or
unloaded within seventy-two (72) hours, not including Sundays
and legal holidays, except when loaded with seed cotton, cotton
seed in bulk, cotton seed hulls in bulk, fertilizer material in bulk,
coal, bulk potatoes, bulk cabbage, brick, and dressed lumber (in
box cars), ninety-six (96) hours will be allowed for unloading. It
being understood that said car or cars are to be placed and remain
accessible to the consignee for the purpose of unloading during
the period in which held free of demurrage; that when the period
of such demurrage charges commences, they are to be placed accessi-
ble to the consignee for unloading purposes on demand of the con-
signee; provided, however, that if the railroad company shall re-
move such car or cars after being so placed, or in any way obstruct
unloading of same, the consignee shall not be chargeable with de-
lay caused thereby; provided, further, that when any consignee
shall receive four or more cars during any one day taking track de-
livery, the said cars in excess of three shall not be liable to de-
murrage by any railroad company until after the expiration of
ninety-six (96) hours.
Any fraction of a day shall be considered a day.
RULE V.
GOODS CONSIGNED TO ORDER OF SHIPPER.
When consignors ship goods consigned to themselves, it shall
be the duty of the railroad companies to give legal notice to such
consignees, or persons to whom shipping directions order delivery.
This notice may be addressed by mail to the consignee at point of
delivery, and demurrage will begin as in other cases of notice by
mail; and the mailing of such notice shall be sufficient legal notice
in such cases, whether the consignee actually receives the same or
not.
RULE VI.
REFUSAL TO ACCEPT SHIPMENTS.
Where consignees shall refuse to accept freight tendered in pursu-
ance of the bill of lading, the carrier charged with the duty of
delivery may give to the consignor legal notice of such refusal;
and if he shall not, within three days thereafter, give direction for
the reshipment or unloading of such goods, he shall thenceforth
become liable to such carrier for demurrage upon the car or cars
8
STATE DEMURRAGE RULES.
in which they are stored to the same extent and at the same rate as
such charges are now, under like circumstances by the rules of
this Commission, imposed upon consignees who neglect or refuse,
after notice of arrival, to remove freight of like character from
the cars of a carrier.
A consignee who has once refused to accept a consignment of
goods shall not thereafter be entitled to receive the same, except
upon payment of all charges for demurrage which would other-
wise have accrued.
RULE VII.
CARS FOR DELIVERY ON TEAM TRACKS OR PRIVATE SIDINGS.
Sec. 1. Cars containing freight to be delivered upon carload
delivery tracks or private siding are to be delivered upon the
tracks designated by consignee upon arrival, or as soon thereafter
as the ordinary routine of yard work will permit.
Sec. 2. Cars containing property, the billing of which does
not specify any particular delivery, and for which no standing or
special order has been filed with carrier's agent, within twenty-
four (24) hours, will be considered as requiring general track de-
livery and shall be so placed after twenty-four hours.
Sec. 3. Cars for unloading shall be considered placed when such
cars are held in receiving yards awaiting orders from shippers or
consignees, or when held for payment of freight charges, provided
the railroad company could otherwise have placed such cars on de-
livery tracks accessible to the consignee for the purpose of unload-
ing, except that it was consigned to private siding already fully
occupied and delivery therefore impracticable, detention is to be
computed from time of notification.
RULE VIII.
CARS HELD FOR SHIPPING DIRECTIONS.
Cars detained or held for want of proper shipping instructions or
by reason of improper or excessive loading (where loading is done
by shipper) shall be subject to a demurrage charge of one dollar
($1.00) per car for each day or fraction of a day said car or cars
are so detained or held. Likewise, when cars are promptly loaded
and shipping instructions given, the railroad agent must imme-
diately issue the bills of lading therefor; and if said car or cars
are detained or held, and not carried forward within forty-eight
(48) hours, except perishable articles which shall be moved within
twenty-four (24) hours thereafter, said railroad company shall be
liable to said shipper for the payment of one dollar ($1.00) per
FLORIDA.
9
car for each day or fraction of a day that said car or cars are thus
detained or held.
RULE IX.
CONSIGNMENTS MORE THAN FOUR MILES DISTANCE.
A consignee living more than four miles from the depot, and
whose freight is destined to his residence or place of business so
located, shall not be subject to storage or demurrage charges al-
lowed in the above rules until a sufficient time has elapsed after
notice for said consignee to remove said goods by the exercise of
ordinary diligence.
RULE X.
RAILROADS ALLOWED TO STORE PROPERTY.
Railroad companies are authorized to store such property in pub-
lic warehouses at the expense of owner, if same is not removed before
demurrage charges attach.
RULE XI.
PER DIEM CHARGE ALLOWED CONSIGNEES.
When any railroad company fails to deliver freight at the depot
or to place loaded cars at an accessible place for unloading within
seventy-two (72) hours (not including Sundays or legal holidays),
computed from 10 a. m., the day after arrival of the same, the
shipper or consignee shall be paid one dollar ($1.00) per day for
each day said delivery is so delayed.
RULE XII.
STORMY WEATHER.
Whenever the weather during the period of free time is so severe,
inclement or rainy that it is impracticable to secure means of re-
moval, or where, from the nature of the goods, removal would
cause injury or damage, such time shall be added to the free
period; and no demurrage charges shall be allowed for such addi-
tional time.
This rule applies to the state of the weather during business
hours.
RULE XIII.
DISCRIMINATIONS AND EXEMPTIONS.
Railroads shall not discriminate between persons or places in
storage or demurrage charges. If a railroad company collects
storage or demurrage from one person, under the demurrage rules,
it must collect of all who are liable. No rebate, drawback or other
similar device will be allowed. If demurrage is collected by a rail-
•
10
STATE DEMURRAGE RULES.
road company at one point on its line, it must collect at all places
on its line of those liable under the rules of the Commission.
Provided, That all package freight unloaded in depot or ware-
house, which is not removed by the owners thereof from the cus-
tody of the railroad company within seventy-two (72) hours (not
including Sundays or legal holidays) after legal notice of arrival,
may be subject thereafter to a charge of storage for each day or
fraction of a day that it may remain in the custody of the railroad
company, as follows:
In less than carload quantities, not more than one cent per one
hundred pounds per day.
In carload quantities, not more than one dollar ($1.00) per car
per day.
Provided, further, that in no case shall the amount collected for
storage of a less than carload shipment exceed the amount author-
ized to be charged as storage or demurrage on a carload of similar
freight for the same length of time when not unloaded from the
car as provided by the Demurrage Rules.
Provided, further, that the Commission shall hear and grant
applications to suspend the operation of this rule wherever justice
shall demand this course.
RULE XIV.
OTHER DEMURRAGE CHARGES.
No other charges shall be made by any railroad company doing
business wholly or in part in the State of Florida for storage or
demurrage except as provided in the foregoing rules, and these
rules shall become effective December 23, 1901.
CHARGE FOR SWITCHING OR TRANSFERRING CARS
WHEN PASSING OVER TWO OR MORE ROADS.
15. A charge of no more than two dollars per car will be allowed
for switching or transferring a car from any point on any road or
warehouse within a space of one mile from starting point, without
regard to weight or contents.
When in the transfer of a car between said points it is necessary
to pass over the line of any intermediate road or roads, the maxi-
mum charge of two dollars shall be equitably divided between the
roads at interest.
When a charge is made for the transfer of loaded cars between
said points no additional charge shall be made for the return of
the empty cars.
GEORGIA.
11
GEORGIA.
RULES PROMULGATED BY RAILROAD COMMISSION.
RULE I.
Railroad companies shall give prompt notice by mail or other-
wise to consignee of the arrival of goods, together with the weight
and amount of freight charges due thereon; and when goods or
freight of any kind in carload quantities arrive, said notice must
contain letters or initials of the car, number of the car, net weight
and amount of freight charges due on the same. Storage and de-
murrage charges may be assessed if goods are not removed in con-
formity with the following rules and regulations. No storage or
demurrage charges, however, shall, in any case, be allowed unless
legal notice of the arrival of goods has been given to the owner or
consignee thereof by the railroad company.
RULE I "A".
When a car, destined for delivery at a particular point, shall be
brought within the customary switching limits of the delivering
road at the point of destination designated in the bill of lading,
and placed at a point not more than three miles distant from the
freight depot of the road charged with the duty of making de-
livery, the shipment of freight in such car contained shall, within
the meaning of these rules, be deemed to have arrived at des-
tination, in so far as to impose upon the consignee the duty of
giving direction for the disposition and placing of the car, upon the
receipt by him of the usual notice of arrival.
RULE II.
Legal notice referred to in these rules may be either actual or
constructive. Where the consignee is personally served with notice
of the arrival of freight, free time begins at ten o'clock a. m. on
the day after such notice has been given. Constructive notice re-
ferred to consists of posting notice by mail to the consignee. Where
this mode of giving notice is adopted there shall be twenty-four
(24) hours additional free time to be added to the forty-eight (48)
hours prescribed in Rules 3 and 4, to be computed from day after
notice was mailed; provided, however, that if, in any case, where
notice of arrival is given by mail, the consignee will make oath
that neither he, his agents nor employees have received such notice,
12
STATE DEMURRAGE RULES.
then no demurrage charges shall be made until after legal notice,
as above specified, is given.
RULE III.
All package freight unloaded in depot or warehouse which is
not removed by the owners thereof from the custody of the railroad
company within forty-eight (48) hours (not including Sundays or
legal holidays), computed from ten o'clock a. m. of the day follow-
ing the day of legal notice of arrival, may be subject thereafter to
a charge of storage for each day or fraction of a day that it may
remain in the custody of the railroad company, as follows:
In less than carload quantities, not more than one cent per one
hundred pounds per day.
In carload quantities, not more than ten (10) cents per ton
of two thousand (2,000) pounds per day.
Provided, That in no case shall the amount collected for storage
of a less than carload shipment exceed the amount authorized to
be charged as storage or demurrage on a carload of similar freight
for the same length of time when not unloaded from car as provided
by the Demurrage Rules.
RULE IV.
Loaded cars, which by Rule 13 of the Commission, or by con-
sent and agreement between the railroad and consignee, that are to
be unloaded by consignee, such as bulk meat, bulk grain, hay, cot-
tonseed, lumber, lime, coal, coke, sand, brick, stone and wood, and
all cars taking track delivery, which are not unloaded from the
cars containing same within forty-eight (48) hours (not including
Sundays or legal holidays), computed from ten o'clock a. m. of
the day following the day legal notice of arrival is given, and the
car or cars are placed accessible for unloading, may be subject
thereafter to a charge of demurrage of one dollar per car for each
day or fraction of a day that said car or cars remain loaded in
the possession of the railroad company; it being understood that
said car or cars are to be placed and remain accessible to the con-
signee for the purpose of unloading during the period in which
held free of demurrage; that when the period of such demurrage
charges commences, they are to be placed accessible to the con-
signee for unloading purposes on demand of the consignee; pro-
vided, however, that if the railroad company shall remove such
car or cars after being so placed, or in any way obstruct the un-
loading of the same, the consignee shall not be chargeable with
GEORGIA.
13
the delay caused thereby; provided, further, that when any con-
signee shall receive four or more cars during any one day loaded
with lumber, laths, shingles, wood, coal, coke, lime, ore, sand or
bricks, and all cars taking track delivery, the said cars in excess
of three shall not be liable to demurrage by any railroad company
until after the expiration of seventy-eight (78) hours.
RULE V.
When consignors ship goods consigned to themselves or order, it
shall be the duty of the railroad companies to give legal notice to
such consignees, or persons to whom shipping directions order de-
livery. This notice may be addressed by mail to the consignee
at point of delivery, and demurrage will begin as in other cases
of notice by mail; and the mailing of such notice shall be sufficient
legal notice in such cases, whether the consignee actually receive
the same or not.
RULE V "A”.
When the consignee shall refuse to accept freight tendered in
pursuance of the bill of lading, the carrier charged with the duty
of delivery may give to the consignor legal notice of such refusal;
and if he shall not, within three days thereafter, give direction
for the reshipment or unloading of such goods he shall thence-
forth become liable to such carrier for demurrage upon the car in
which they are stored to the same extent and at the same rate as
such charges are now, under like circumstances by the rules of
this Commission, imposed upon consignees who neglect or refuse,
after notice of arrival, to remove freight of like character from
the car of a carrier.
A consignee who has once refused to accept a consignment of
goods shall not thereafter be entitled to receive the same, except
upon payment of all charges for demurrage which would otherwise
have accrued.
RULE VI.
A consignee living more than five miles from the depot, and
whose freight is destined to his residence or place of business so
located, shall not be subject to storage or demurrage charges al-
lowed in the above rules until sufficient time has elapsed after
notice for said consignee to remove said goods by the exercise of
ordinary diligence.
RULE VII.
Railroad companies are authorized to store such property in
14
STATE DEMURRAGE RULES.
public warehouses at the expense of owner, if same is not removed
before demurrage charges attach.
RULE VIII.
When any railroad company fails to deliver freight at the depot
or to place loaded cars at an accessible place for unloading within
forty-eight (48) hours (not including Sundays or legal holidays),
computed from ten o'clock a. m., the day after the arrival of the
same, the shipper or consignee shall be paid one dollar per day for
each day said delivery is so delayed.
Where, upon the request of an intending shipper, a railroad
company places a car or cars at a reasonably accessible point on
its team tracks, or on a private track designated by the shipper,
free loading time shall expire forty-eight hours (not including
Sundays or legal holidays) from the time such car or cars are so
placed; and thereafter a demurrage charge of no more than one
dollar per car per day or fraction of a day may be assessed and
collected until such car or cars have been tendered to the railroad
company with shipping instructions. If loading is interrupted by
weather conditions such as are stated in Demurrage Rule 9, time
during which such interruption continues shall not be computed
against the shipper.
RULE IX.
Whenever the weather during the period of free time is so severe,
inclement or rainy that it is impracticable to secure means of re-
moval, or where, from the nature of the goods, removal would
cause injury or damage, such time shall be added to the free period;
and no demurrage charges shall be allowed for such additional
time.
This rule applies to the state of the weather during business
hours.
RULE X.
Railroads shall not discriminate between persons or places in
storage or demurrage charges. If a railroad company collects stor-
age or demurrage of one person, under the demurrage rules, it must
collect of all who are liable. No rebate, drawback or other similar
device will be allowed.
If demurrage is collected by a railroad company at one point on
its line, it must collect at all places on its line of those liable under
the rules of this Commission: Provided, That this rule shall not
apply to package freight received in less than carload lots and
GEORGIA.
15
unloaded in depots and warehouses. Provided, further, That the
Commission shall hear and grant applications to suspend the opera-
tion of this rule whenever justice shall demand this course.
RULE XI.
Cars detained or held for want of proper shipping instructions
or by reason of improper or excessive loading (where loading is
done by shipper) shall be subject to a demurrage charge of one
dollar per car for each day or fraction of a day said car or cars are
so detained or held. Likewise, when cars are properly loaded and
shipping instructions given, the railroad agent must immediately
issue bills of lading therefor; and if said car or cars are detained
or held, and not carried forward within twenty-four (24) hours
thereafter, said railroad company shall be liable to said shipper
for the payment of one dollar per car for each day or fraction of a
day that said car or cars are thus detained or held.
RULE XII.
No other charges shall be made for storage or demurrage except
as provided in the foregoing rules.
16
STATE DEMURRAGE RULES.
LOUISIANA.
FOR POINTS IN LOUISIANA WHERE CAR SERVICE
APPLIES.
RULE I.
Sec. 1. All freight in cars loaded or unloaded by consignors or
consignees, taking track delivery, is subject to car service charges.
Sec. 2. Railroad companies shall give prompt notice, by mail
or otherwise, to consignee of arrival of goods together with weight
and amount of freight charges due thereon; and, when goods or
freight of any kind in carload quantities arrive, said notice must
contain letters or initials of car, number of car, weight and amount
of freight charges due on the same.
Car service charges will be assessed if the goods are not removed
in conformity with the following rules and regulations. No car
service charges, however, shall in any case be allowed, unless legal
notice of the arrival has been given to the owner or consignee.
thereof by the railroad company.
RULE II.
DEFINITION OF LEGAL NOTICE.
Legal notice referred to in these rules may be either actual or
constructive. Where the consignee is personally served with notice
of arrival of freight, free time begins at 7 o'clock a. m., on the day
after such legal notice has been given.
Constructive notice referred to consists of posting notice by
mail to the consignee; provided, however, that in any case, where
notice of arrival is given by mail, the consignee will make oath
that neither he, his agents, or employees, have received such notice,
then no car service shall be made until after legal notice, as above
spccified, is given.
RULE III.
Sec. 1. *On all freight subject to car service charges except
bananas, cocoanuts, coal, coke, bulk meats, watermelons, and grain
for elevators, two days of forty-eight hours will be allowed free of
charge.
Sec. 2. *Bananas and cocoanuts, when cars are placed for load-
*Free time on bananas and cocoanuts applies to New Orleans
only.
LOUISIANA.
17
ing, will be allowed five days free of charge. Exempt when loaded
by importers.
Sec. 3. On cars containing coal and coke three days storage
will be allowed in addition to the forty-eight hours for unloading,
except when order for placing is given or bulk is broken within
three days, in which case but forty-eight hours will be allowed from
the time of placing or the breaking of bulk.
Sec. 4. On cars containing watermelons five days or one hun-
dred and twenty-four hours will be allowed free of charge.
Sec. 5. On cars containing bulk meats four days, or ninety-six
hours, will be allowed free of charge.
Sec. 6. On all cars containing export freight, ten days free
of charge will be allowed.
RULE IV.
Sec. 1. At the expiration of the free time allowed a charge of
one dollar per car per day, or fraction thereof, shall be made and
collected upon all cars subject to car service charges, Sundays and
legal holidays excepted.
Sec. 2. When both cars and track are owned by the same party
no charge will be made: but when private cars are detained on the
tracks of other firms or individuals, or on the tracks belonging
to or operated by railroad companies or cars belonging to the latter
upon private tracks, the established charge of one dollar per car
per day or fraction thereof, will apply.
RULE V.
Sec. 1. Cars containing freight for delivery are to be placed
immediately upon payment of freight charges, or as soon thereafter
as the ordinary routine of yard work will permit.
Sec. 2. The delivery of cars ordered to private tracks shall be
considered to have been effected when such cars have been placed
on tracks designated, or if such track or tracks be full, when the
road offering the cars would have made delivery had such tracks
permitted.
Sec. 3. When any consignee shall receive four or more cars
during any one day, said cars in excess of three shall be allowed
twenty-four hours additional free time.
RULE VI.
When any railroad company fails to deliver or to place loaded
cars at an accessible place for unloading within forty-eight hours
(not including Sundays and legal holidays), computed from 7
18
STATE DEMURRAGE RULES.
o'clock a. m., the day after the arrival of same, the shipper or con-
signee shall be paid one dollar per day, or fraction thereof, for
each day said delivery is so delayed; provided, that when the car
or cars are handled by more than one railroad company, forty-eight
hours additional shall be allowed.
(EXPLANATION OF APPLICATION OF RULE 6.)
Upon completion of a contract of affreightment as expressed in
the bill of lading by delivery of the freight upon direction of the
consignee by the carrying line to any connecting line for transfer
within the switching limits of consigned destination the carrying
line is absolved from further liability.
RULE VII.
Cars detained at any point within the limits of the Louisiana
Car Service Association by reason of being billed to order and
awaiting bills of lading and instructions as to disposition by shipper
or consignee are subject to car service charges, under these rules,
and the car service must be collected before the delivery of the
freight.
RULE VIII.
Cars detained on account of neglect of consignors to furnish
shipping instructions, or detained on account of error in shipping
instructions, or detained by reason of improper, unsafe, or excessive
loading, shall be subject to car service charges under the rules, pro-
vided consignor or his agent has been promptly notified of the
cause of detaining same.
RULE IX.
It shall be optional with any line to decline to receive loaded
cars unless accompanied by billing instructions. If such billing
directions are not bona fide, the Car Service Rules will be enforced
on such cars by the agent of the receiving road. If the contents
of such cars are transferred into cars of receiving road before final
directions are furnished by shipper, the Car Service charge will
continue on the cars into which the freight is transferred. In
case any road cannot receive freight from other lines, it shall
promptly notify the delivering line of the inability to receive, so
that the delivering line may so notify consignor or consignee, who
may make other disposition of the shipment. Should such cars
remain on track after such notice to consignor or consignee, car
service will be charged after the expiration of the free time allowed
LOUISIANA.
19
from the hour of such notice, and agents will refuse to deliver
such cars until after all car service charges are paid.
RULE X.
Consignees will not be allowed to detain cars more than forty-
eight hours without charge, because they intend to reconsign ship-
ment or to load such cars with other freight. Cars will not be
subject to orders for loading, by the owners of the property con-
tained therein, or any other shipper, until same are empty.
RULE XI.
On empty cars placed for loading a charge of one dollar per
car per day or fraction thereof will be made on all cars loaded
within forty-eight hours, computed from seven o'clock a. m., of
the day following the day said car or cars are placed.
RULE XII.
Railroad companies are authorized to increase the free period
on any commodity as may be agreed upon between themselves
whereby the charges specified in these rules may be lessened.
RULE XIII.
Railroad companies are authorized to unload and store property
in public warehouses at the expense of the owner, if same is not
removed from car before car service charges attach.
RULE XIV.
When consignors ship goods consigned to themselves or order
it shall be the duty of the railroad company to give legal notice to
such consignees or persons to whom shipping directions order
delivery. This notice may be addressed by mail to consignee at
point of delivery, and car service will begin as in other cases of
notice by mail; and the mailing of such notice shall be sufficient
legal notice in such cases, whether the consignee actually receives
the same or not.
RULE XV.
Whenever the weather during the free period is so severe, in-
clement or rainy that it is impracticable to secure means of re-
moval, or where from the nature of the goods removal would cause
injury or damage, such time shall be added to the free period, and
no car service charges will be allowed for such additional time. This
rule applies only to freight which cannot be loaded or unloaded in
stormy weather without damage thereto, but will not apply when
the weather is continuously fair, during the free time allowed for
loading or unloading.
20
STATE DEMURRAGE RULES.
RULE XVI.
When the consignee shall refuse to accept freight tendered in
pursuance of the bill of lading, the carrier charged with the duty
of delivery may give to the consignor legal notice of the refusal;
and if he shall not, within three days thereafter, give directions
for the re-shipment or unloading of such goods, he shall thence-
forth become liable to such carrier for demurrage upon the car
or cars in which they are stored to the same extent and at the
same rate as such charges are now, under like circumstances by
the rules of this Commission, imposed upon consignees who neg-
lect or refuse, after notice of arrival, to remove freight of like
character from the cars of a carrier.
The consignee who has once refused to accept a consignment of
goods shall not thereafter be entitled to receive same except upon
payment of all charges for demurrage which would otherwise have
accrued.
RULES GOVERNING THE FURNISHING OF CARS BY
RAILROADS, AND THE PENALTY FOR FAILURE
TO DO SO.
Sec. 1. Railroad companies must furnish cars to shippers at a
designated place for loading, if possible, otherwise at the most
convenient point to shipper's loading place, within ten days after
written notice to the agent of the company at the nearest station
to said loading place; provided, the said notice is accompanied by
a deposit of five dollars for each car ordered, which amount is to
be returned to the shipper, immediately upon demand upon the
agent, after loading of cars, or applied to the payment of the
freight, as the shipper may elect.
Provided further, that no shipper may under this order, demand
more than one car for each period of five days.
Sec. 2. Companies failing to furnish cars within specified time,
shall pay to the said shipper a demurrage of one dollar per day or
fraction thereof, the time to be computed from 7 a. m., of the tenth
day after order, exclusive of Sundays and legal holidays.
Sec. 3. The demurrage in such cases assessed against the com-
panies shall be paid by the agent at the depot where notice for cars
is given, within ten days from the filing of claim.
Sec. 4. The demurrage in such cases assessed against shippers
shall be retained from the amount deposited with the agent at
the time the order is given for cars.
MINNESOTA.
21
MINNESOTA.
EXTRACT FROM GENERAL LAWS OF MINNESOTA, 1903.
Chapter 320. An act regulating the loading of cars by shippers
on track and from platform:
Be it enacted by the Legislature of the State of Minnesota :
Section 1. It shall be the duty of any party or corporation
operating any line of railroad in this state to permit a shipper the
period of thirty-six (36) hours without additional charge within
which to load any car in all cases where such car has been ordered
and is used for loading grain, including flaxseed, potatoes and
other farm produce, upon the track or from the platform.
.
Section 2. This act shall take effect and be in force from and
after its passage. (Approved April 21, 1903.)
22
STATE DEMURRAGE RULES.
MISSISSIPPI.
RULES OF RAILROAD COMMISSION.
RULE I.
Railroad companies shall within twenty-four hours after the
arrival of shipments, give notice by mail or otherwise, to consignee
of arrival of goods, together with weight and amount of freight
charges due thereon and on goods in carload quantities; said
notices must contain letters or initials of the car, number of the
car, and if transferred in transit the number and initial of the
original car, net weight and the amount of freight charges due
on same. No demurrage charge shall be made unless legal notice of
arrival is given to consignee.
Any railroad company failing to give such notice, and to deliver
such freight at its depots or warehouses; or, in case of shipment
for track delivery, to place loaded cars at an accessible place for
unloading, within twenty-four hours after arrival, computing from
7 a. m., the day following the arrival, shall forfeit and pay to the
consignee, or other party whose interest is affected, the sum of $1.00
per car per day or fraction of a day, on all carload shipments, and
one cent per 100 pounds per day or fraction thereof on less than
carload lots, with a maximum charge of five cents for any one
package, after the expiration of said 24 hours.
RULE II.
Legal notice referred to in these rules may be either actual or
constructive. Where the consignee is personally served with notice
of the arrival of freight, free time begins at 7 o'clock a. m., on the
day after such notice has been given. Constructive notice referred
to consists of posting notice by mail to the consignee; provided,
however, that if, in any case, where notice of arrival is given by
mail, the consignee will make oath that neither he, his agents or
employees have received such notice, then no demurrage charge
shall be made until after legal notice as above specified, is given.
RULE III.
For all package freight not unloaded in depot or warehouse by
railroad company within forty-eight hours, not including Sundays
or legal holidays, computing from 7 o'clock a. m., on day following
arrival, the railroad company may be subjected by the consignee
MISSISSIPPI.
23
to a charge for each day or fraction of a day that said freight
remains in a car as follows: In less than carload quantities, not
more than one cent per 100 per day; in carload quantities, not
more than ten cents per ton of two thousands pounds per day.
All package freight unloaded in depot and warehouse, which
is not removed by the owners thereof from the custody of the rail-
road company within forty-eight hours (not including Sundays or
legal holidays), computing from 7 o'clock a. m., on the day follow-
ing the day of legal notice of arrival, may be subject thereafter to
a charge of storage for each day or fraction of a day, that it may
remain in the custody of the railroad company, as follows:
In less than carload quantities, not more than one cent per hun-
dred pounds per day.
In carload quantities, not more than ten (10) cents per ton of
two thousand (2,000) pounds per day.
When consignees reside more than three miles and within ten
miles of the railroad station, five days' free time will be allowed.
When consignees reside more than ten miles from the railroad
station seven days' free time will be allowed.
RULE IV.
Loaded cars, which by consent and agreement between the rail-
road and consignee, that are to be unloaded by consignee, such as
bulk meat, bulk grain, hay, cotton seed, lumber, lime, coal, coke,
sand, brick, stone and wood, and all cars taking track delivery,
which are not unloaded from the cars containing same within
forty-eight (48) hours (not including Sundays or legal holidays),
computed from 7 o'clock a. m., of the day following the day legal
notice of arrival is given, and the car or cars are placed accessible
for unloading, may be subject thereafter to a charge of demurrage
of one dollar per car for each day, or fraction of a day, that said
car or cars remain loaded in the possession of the railroad com-
pany, it being understood that said car or cars are to be placed
and remain accessible to the consignee for the purpose of unload-
ing during the period in which held free of demurrage; that when
the period of such demurrage charges commence, they are to be
placed accessible to the consignee for unloading purposes, on de-
mand of the consignee; provided, however, that if the railroad
company shall remove such car or cars after being so placed, or in
any way obstruct the unloading of the same, the consignee shall
not be chargeable with the delay caused thereby, provided, fur-
ther, that when any consignee shall receive four or more cars dur-
24
STATE DEMURRAGE RULES.
ing any one day loaded with lumber, laths, shingles, wood, coal,
coke, lime, ore, sand or bricks, and all cars taking track delivery,
the said cars in excess of three shall not be liable to demurrage
by any railroad company until after the expiration of seventy-two
hours.
When consignees reside more than three miles and within ten
miles of the railroad station, five days' free time will be allowed.
When consignee resides more than ten miles from the railroad
station seven days' free time will be allowed.
RULE V.
When consignors ship goods to order but express in their bills
of lading the name of a person at destination to notify, it shall be
the duty of the railroad company to give legal notice to such party
in the same way and under the same rule as if the shipment had
been made to him. But when consignors do not comply with this
condition, the notice may be addressed by mail to the consignee at
point of delivery, and demurrage will begin, as in other cases of
notice by mail, and the mailing of such notice shall be sufficient
legal notice, whether the consignee actually receives the same or not.
RULE VI.
Railroad companies are authorized to store such property in
public warehouses at the expense of the owner, if same is not re-
moved before demurrage charges attach, provided that storage
charges on such freight shall not exceed the demurrage allowed
under their rules.
RULE VII.
Whenever the weather during the period of free time is so severe,
inclement or rainy that it is impracticable to secure means of re-
moval, or where, from the nature of the goods, removal would cause
injury or damage, such time shall be added to the free period, and
no demurrage charges shall be allowed for such additional time.
This rule applies to the state of the weather during business
hours.
RULE VIII.
Railroads shall not discriminate between persons or place in
storage or demurrage charges. If a railroad company collects stor-
age or demurrage of one person under the demurrage rules, it must
collect of all who are liable. No rebate, drawback or other similar
device will be allowed.
If demurrage is collected by a railroad company at one point on
its line it must collect at all of the places on its line, of those liable
MISSISSIPPI.
25
under the rules of this Commission; provided, that the Commis-
sion shall hear and grant applications to suspend the operation of
this rule whenever justice shall demand this course.
RULE IX.
ра
Whenever a shipper makes a verbal or written application to a
railroad company for car or cars to be loaded with any kind of
freight embraced in the tariff of said company stating the article
and destination, the railroad company shall furnish same within
five days from seven (7) o'clock a. m., the day following such ap-
plication. Or when the shipper making such application specifies a
future day on which he desires to make a shipment, giving not less
than five days notice thereof, computing from 7 o'clock a. m., the
day following such notice the railroad company shall furnish such
car or cars on the day specified; provided, that if the movement of
cars is suspended on account of accident or other cause not within
the power of the railroad company to prevent, such period shall
be added to the five days time allowed in this rule.
For failure to comply with this rule the railroad company shall
pay to the shipper a delayage charge of $1.00 per car per day, or
fraction thereof, after the expiration of free time, upon demand in
writing in thirty (30) days thereafter.
RULE X.
Cars detained or held on account of shipper's failure to load, or
for want of proper shipping instructions, or by reason of improper
loading, when loading is done by shipper, shall be subject to de-
murrage charges of $1.00 per car per day or fraction thereof, so
detained.
Shipper must be notified as soon as cars improperly loaded are
received from him, in which case demurrage shall begin with
notification.
Likewise when cars are properly loaded, and shipping instruc-
tions given, the railroad agent must immediately issue bills of
lading therefore; and if said car or cars are detained or held, and
not carried forward within twenty-four (24) hours thereafter said
railroad company shall be liable to said shipper for the payment of
$1.00 per car for each day, or fraction of a day that said car or
cars are thus detained or held.
Twenty-four hours free time will be allowed for delay at the
end of the freight division on which shipments originate and a
like period of twenty-four hours free time for delivery to con-
necting lines on joint shipment and a charge of one dollar per car
26
STATE DEMURRAGE RULES.
delayage shall be charged for each day or fraction thereof in excess
of twenty-four hours same is held at such freight division or con-
necting point.
RULE XI.
No other charges shall be made for storage or demurrage except
as provided in the foregoing rules, and if a railroad company is
indebted to a shipper or consignee for delayage, then a claim for
demurrage shall be offset by a claim for delayage.
RULE XII.
These rules apply only to places where Car Service Rules are in
operation.
RULE XIII.
When both cars and tracks are owned by the same party, no
charge for demurrage will be made. When private cars are de-
tained on the tracks of other firms or individuals, or on the tracks
belonging to or operated by members of this association, or cars
belonging to the latter upon private tracks, the established charge
will apply.
RULE XIV.
At junction points where consignee's side track is located on
one road, and cars are received by a connecting road, it shall be
the duty of the said connecting road to switch and deliver such
cars to the road on which consignee's side track is located within
twenty-four hours from 7 o'clock a. m., after the time of arrival;
and of the road on which consignee's side track is located to switch
and place such cars on said side track within twenty-four hours
from 7 a. m., after the time of delivery by the receiving road. Fail-
ure in this regard shall subject either road to delayage charge of
$1.00 per car per day or fraction thereof; provided this shall not
prevent the charge and collection of established or reasonable
switching charges by the road on which said side track is located,
and provided further that if said side track, without fault of the
railroad, is blocked so that delivery cannot be made, the time it
remains blocked shall be added to the free time specified herein.
Likewise where cars are detained in transit by being switched to
some track between point of shipment and destination, one dollar
per car will be charged for each day or fraction of a day of delay
thus caused, and no free time will in such case be allowed.
RULE XV.
In all computation of time under these rules Sundays and legal
holidays are to be excluded.
MISSOURI.
27
MISSOURI.
EXTRACT FROM REVISED STATUTES OF MISSOURI.
Section 1081. Companies may contract with each other, etc.-
All railroad corporations may contract with each other, or with
other corporations, in any manner not inconsistent with the scope,
object and purpose of their creation and management. (R. S. 1889,
S. 2588d.)
Section 1082. Duties as to receipt and shipment of freight.—
Every such railroad corporation is hereby required to receive all
freight or live stock which may be offered for transportation at the
place of starting, at the junction of other roads, and at usual stop-
ping places, and shall take and transport and deliver the same, with-
out unnecessary delay, according to contract. (R. S. Sec. 2589.)
Section 1115.-Time allowed for removing grain from cars.
Any consignee or person entitled to receive the delivery of grain
transported in bulk by any railroad shall have twenty-four (24)
hours free of expense, after actual notice of arrival by the corpora-
tion to the consignee, in which to remove the same from the cars
of such railroad corporation, if he shall desire to receive it from
the cars on the track; which twenty-four (24) hours shall be held
to embrace such time as the car containing such property is placed
and kept by such corporation in a convenient and proper place for
unloading. And it shall not be held to have been placed in a proper
place for unloading, unless it can be reached by the consignee
or person entitled to receive it, with teams or other suitable means
for removing the property from the car, and reasonably convenient
to the depot of such railroad corporation at which it is accustomed
to receive and unload merchandise consigned to that station or
place. Nothing herein contained, however, shall be held to au-
thorize the changing of any consignment of grain, except as to
the place at which it is to be delivered or unloaded; nor shall
such change of consignment in any degree affect the ownership
or control of property in any other way. (R. S. 1889, Sec. 2619.)
28
STATE DEMURRAGE RULES.
NORTH CAROLINA.
STORAGE AND DEMURRAGE RULES-TIME LIMIT FOR
PLACING OF CARS AND DELIVERY OF FREIGHT—
LOCAL TRANSFER AND SWITCHING
CHARGES.
Storage and demurrage may be assessed by railroad companies on
all freight received for delivery in carload lots or in less than
carload lots if not removed in conformity with the following rules
and regulations:
RULE I.
No storage or demurrage charges, however, shall in any case be
allowed unless notice of the arrival of goods has been given to the
owner or consignee thereof by the railroad company, and it shall
be the duty of such railroad company to give prompt notice to con-
signee of the arrival of goods, together with the contents, weight
and amount of freight charges due thereon as shown by way-bill,
and when goods or freight of any kind, in carload consignments,
said notice must contain letters or initials and number of the car.
Notice shall be given by delivering same in writing in person, or
by leaving same at consignee's place of business or by depositing
it in the postoffice.
RULE II.
For storage of package freight and all freight less than carload,
unloaded in depot or warehouse, which is not removed by the
owner thereof from the custody of the railroad company within
forty-eight hours (not including Sundays and legal holidays), a
charge of storage for each day or fraction of a day that such con-
signment may remain in the custody of the carrier or one cent
per hundred pounds per day, with minimum charge of five cents
for any one package or lot for any one consignee, may be made;
but not more than one dollar per day for any one consignment not
in excess of a carload.
RULE III.
All carload freight taking track delivery and such as is to be
unloaded by consignee, which is not unloaded from cars containing
same within forty-eight hours (not including Sundays and legal
holidays) after the car or cars are placed accessible for unloading,
NORTH CAROLINA.
29
may be subject to a charge of one dollar per car for each day or
fraction of a day that said car or cars remain loaded: Provided,
however, that seventy-two hours shall be allowed for the unloading
of fertilizers, brick and the following commodities, when in bulk
only: Cotton seed, cotton seed hulls, coal, coke, fertilizing mate-
rial, grain, lime, tan-bark and dressed lumber in box cars.
Provided further, whenever by reason of delays in transit cars
are bunched and more cars than one are received at same time, no
demurrage shall be made for excess over one car: Provided, at least
one car shall be unloaded daily.
RULE IV.
When consignors ship goods consigned to themselves or order,
it shall be the duty of the railroad company to give legal notice
to such consignees or persons to whom shipping directions order
delivery. This notice may be addressed by mail to the consignee at
point of delivery, and demurrage will begin as in other cases of
notice by mail; and the mailing of such notice shall be sufficient
notice in such cases, whether the consignee actually received the
same or not.
RULE V.
The time allowed for removing freight before storage or demur-
rage charges apply will be computed from 7 o'clock a. m. of the
day following date of notice (Sundays and legal holidays excepted).
RULE VI.
A consignee living more than five (5) miles from the depot,
and whose freight is destined to his residence or place of business
so located, shall not be subject to storage or demurrage charges
allowed in the above rules until a sufficient time has elapsed after
notice for said consignee to remove said goods by the exercise of
due diligence: Provided, that in the delivery of carload freight
railroads will not be required in any case to hold freight free of
demurrage for a longer period than five (5) days after notice, ex-
cept as otherwise provided in Rule II.
RULE VII.
Where, upon the request of an intending shipper, the railroad
company places a car or cars at a reasonably accessible point on its
team tracks or on a private track designated by the shipper, free
loading time shall expire forty-eight hours (not including Sun-
days or legal holidays) from the time such car or cars are so placed;
and thereafter a demurrage charge of not more than one dollar
30
STATE DEMURRAGE RULES.
per car per day or fraction of a day may be assessed and collected
on all such cars as have not been tendered to the railroad company
with shipping instructions..
RULE VIII.
When any railroad company fails to deliver freights at the depot
or to place loaded cars at an accessible place for unloading within
forty-eight hours (not including Sundays and legal holidays),
computed from 7 o'clock a. m. the day after the arrival of same,
the shipper or consignee shall be paid one dollar per day for
each day or fraction of a day said delivery is so delayed: Provided,
the railroad company may require the payment of freight before
delivery.
RULE IX.
Where a shipper makes application in writing for a car or cars
to be loaded with any kind of freight, and the railroad company
fails to furnish same within four days from 7 o'clock a. m. next
day after such application, such railroad company so offending
shall forfeit and pay to the shipper applying the sum of one dollar
per car per day for each day or fraction of a day's delay after
the expiration of free time: Provided the shipper makes demand
therefor in writing within thirty days thereafter. The railroad
companies may require applicant to deposit two dollars for each
car so demanded. This money may be retained as a forfeit to the
railroad company in case the car is not loaded, to pay trackage;
if the car is loaded, then the said two dollars shall be refunded
to the shipper with the bill of lading.
RULE X.
Whenever shipments have been received by any railroad com-
pany, such shipments destined to stations within a distance of
fifty miles from starting point shall be delivered within three
(3) days from 7 o'clock a. m. next day after receipt of shipment,
and in one day's additional time for each additional twenty-five
(25) miles or fraction thereof; or for failure to transport such
shipments within the time prescribed the railroad company shall
forfeit and pay to the consignor or consignee the sum of one dollar
per day on all carload freight and one cent per hundred pounds
per day on package freights and freight in less than carload, with
minimum charge of five cents for any one package: Provided the
shipper makes demand therefor in writing within thirty days
thereafter: Provided further, that the amount of the penalty de-
NORTH CAROLINA.
31
manded on any shipment, less than carload, shall not exceed one
dollar per day, and in no case exceed the value of the goods trans-
ported. The period of time during which the movement of trains.
is suspended on account of accident or any cause not within the
power of the roads to prevent, shall be added to the free time al-
lowed herein and accounted as additional "free time."
RULE XI.
Whenever the weather during the period of free time is so severe,
inclement or rainy that it is impracticable to secure means of re-
moval or loading of freight, or where from the nature of the goods
removal or loading would cause injury or damage, such time shall
be added to the free period, and no demurrage charges shall be
allowed for such additional time. This rule applies to the state
of the weather during business hours.
RULE XII.
The Commission reserves the right to hear and grant application
to suspend the operation of these rules upon complaint of abuse,
or whenever justice shall demand this course.
RULE XIII.
LOCAL TRANSFER AND SWITCHING CHARGES.
Railroad companies shall furnish shippers cars for loading,
and shall also accept from each other cars loaded at warehouses
or sidetracks of one road for delivery at sidetracks or warehouses
on the other road within the space of two miles beyond the starting
point. The railroad company furnishing the car and performing
the initial movement may charge two and one-half dollars per car.
RULE XIV.
When car is destined to a warehouse on a connecting line which
requires switching, the company so receiving and delivering may
charge $1.50 additional.
After car is placed for loading, the shipper shall load same within
twenty-four hours therefrom, and consignee shall, when car is
placed for unloading, unload same within twenty-four hours; other-
wise the usual demurrage charges may be made.
32
STATE DEMURRAGE RULES.
NORTH DAKOTA.
EXTRACT FROM LAWS.
CHAPTER 144.
An Act Defining the Duty of Railroads, Railroad Corporations,
Railroad Companies, Express Companies, Car Companies and every
Common Carrier other than by Water, and all the Person or Per-
sons operating such Common Carriers as Receivers, Lessee or Trus-
tee, in the transportation of any kind of Live Stock, and providing
an average minimum rate of speed of all Trains Carrying any such
Live Stock, and providing penalties for all failures to comply with
the provision of this Act.
Be it enacted by the Legislative Assembly of the State of North
Dakota :
Section 1. It shall be the duty of every railroad, railroad cor-
poration, railway company, express company, car company, and
of every common carrier other than by water, by whatever name it
may be called or by whomsoever operated, and which is wholly or in
part engaged in the transportation of any kind of live stock by
railroad within, to or from any point in this state, to transport any
and all such live stock so by it being transported, with the utmost
diligence, and to maintain within this state in all trains so trans-
porting any such live stock an average minimum rate of speed of
not less than twenty miles per hour from the time any such live
stock is loaded upon or into its cars until such train reaches its
destination, deducting only in the computation of such average
minimum rate of speed such reasonable time as any such live stock
may be necessarily delayed in unloading to feed, water and rest
and in feeding, watering, and resting and in reloading.
Section 2. Penalty for violation. Every railroad, railroad cor-
poration, railway company, express company, car company or com-
man carriers other than by water, and the person or persons operat-
ing such common carrier as receiver, lessee or trustee violating
any of the provisions of section 1 of this act shall be liable to the
owner or owners of any live stock, so being transported, in the
sum of $5 per car for each and every hour any car, wholly or in
part loaded with any live stock, is detained beyond the time pro-
vided in said section 1 of this act, and in addition thereto, every
NORTH DAKOTA.
33
such railroad, railroad corporation, railroad company, express com-
pany, car company or common carriers, or the person or persons
operating any such common carrier as receiver, lessee or trustee,
shall be liable to such owner or owners of said live stock for all
damages sustained on account of any such delay, to be collected
in an action by such owner or owners in any court of competent
jurisdiction in this state.
Section 3. Repeal. All acts and parts of such acts in any way
conflicting with this act are hereby repealed.
Approved March 19, 1903.
CHAPTER 145.
Amendment Section 3068 of the Revised Codes of 1899 is hereby
amended to read as follows:
Be it enacted by the Legislative Assembly of the State of North
Dakota:
.
Section 3068. (Grain to be shipped without discrimination.)
Any railroad company doing business in this state, when requested
by any person wishing to ship grain on its road, shall receive and
transport such grain in bulk and permit the same to be loaded
either on its track adjacent to its depot, or at any warehouse or
sidetrack at any station or siding without discrimination or dis-
tinction as to the manner or condition in which such grain is offered
for transportation, or as to person, corporation, warehouse, elevator
or place where, or to which it may be consigned and shall receive
the same in carload lots from wagons, sleighs or other vehicles on
its sidetrack at any station the same as when offered from ware-
houses or elevators, allowing forty-eight hours' time for loading
all cars, which time shall be held to embrace such time as car to
be loaded is placed and kept by such railroad company in a con-
venient and proper place for loading and it shall not be held a
proper place for loading unless such car can be reached by teams
or other suitable means of conveying property; after the same have
been loaded, whether at sidetrack, elevator, warehouse or depot,
without unnecessary delay proceed to ship the same to the place
where the same is consigned.
Approved March 2, 1903.
34
STATE DEMURRAGE RULES.
SOUTH CAROLINA.
DEMURRAGE RULES, PROMULGATED BY RAILROAD
COMMISSION.
RULE I.
FREIGHT SUBJECT TO CAR SERVICE CHARGES.
All freight in cars, whether full carload or not, shipped to one
consignee and taking track delivery is subject to car service regu-
lations.
RULE II.
Railroad companies shall give prompt notice by mail or other-
wise to consignee of the arrival of goods, together with the contents,
weight and amount of freight charges due thereon, as shown by the
waybill; and when goods or freight of any kind in carload quan-
tities arrive, said notice must contain in addition thereto, letters, or
initials of the car, number of the car. Demurrage charges may
be assessed if goods are not removed in conformity with the fol-
lowing rules and regulations. No demurrage charges, however,
shall, in any case, be allowed unless legal notice of the arrival of
the goods has been given to the owner or consignee thereof by the
railroad company.
RULE III.
Legal notice referred to in these rules may be either actual or
constructive. Where the consignee is personally served with notice
of the arrival of freight, free time begins at 12 o'clock a. m. on the
day after such notice has been given. Constructive notice referred
to consists of posting notice by mail to the consignee. Where this
mode of giving notice is adopted, there shall be twenty-four (24)
hours free additional time to be added to the forty-eight (48)
hours, making seventy-two (72) hours to be computed from the day
after notice was mailed; provided, however, that if, in any case,
where notice of arrival is given by mail, the consignee will make
oath that neither he, his agents nor employees have received such
notice, that no demurrage charges shall be made until after legal
notice, as above specified, is given.
1.
RULE IV.
A charge of one dollar ($1.00) per car per day shall be made
for detention of cars and use of tracks when cars are not loaded or
SOUTH CAROLINA.
35
unloaded within forty-eight (48) hours in the case of personal
notice and seventy-two (72) hours in the case of mailed or con-
structive notice, except when loaded with grain, flour, meal, bran,
mill feed, cotton seed, cotton seed meal, cotton seed hulls, fertilizers,
fertilizer material, hay, coal, pyrites, bulk apples, bulk potatoes,
bulk cabbages, dressed lumber (in box cars), brick and crushed
stone, twenty-four (24) additional hours will be allowed for un-
loading. It being understood that said car or cars are to be placed
and remain accessible to the shipper or consignee for the purpose
of loading or unloading during the period in which held free of
demurrage; that when the period of such demurrage charges com-
mences, they are to be placed accessible to the consignee for un-
loading purposes on demand of the consignee; provided, however,
that if the railroad company shall remove such car or cars after
being so placed, or in any way obstruct the unloading of the same,
the consignee shall not be chargeable with the delay caused thereby;
provided, further, that when any consignee shall receive four or
more cars during any one day taking track delivery, the said cars
in excess of three shall not be liable to demurrage by any railroad
company until after the expiration of twenty-four (24) hours addi-
tional time.
Any fraction of a day shall be considered a day.
RULE V.
When consignors ship goods consigned to themselves, it shall be
the duty of the railroad companies to give legal notice to such
consignees, or persons to whom shipping directions order delivery.
This notice may be addressed by mail to the consignee at point
of delivery, and demurrage will begin as in other cases of notice
by mail; and the mailing of such notice shall be sufficient legal
notice in such cases, whether the consignee actually receive the same
or not.
RULE VI.
Where the consignee shall refuse to accept freight tendered in
pursuance of the bill of lading, the carrier charged with the duty
of delivery shall give to the consignor legal notice of such refusal;
and if he shall not, within three days thereafter, give direction for
the reshipment or unloading of such goods, he shall thenceforth
become liable to such carrier for demurrage upon the car or cars
in which they are held to the same extent and at the same rate
as such charges are now, under like circumstances by the rules of
36
STATE DEMURRAGĖ RULES.
this Commission, imposed upon consignees who neglect or refuse,
after notice of arrival, to remove freight of like character from
the cars of a carrier.
A consignee who has once refused to accept a consignment of
goods shall not thereafter be entitled to the benefit of this rule.
RULE VII.
A consignee living four miles or over from the depot, and whose
freight is destined to his residence or place of business so located,
shall not be subject to storage or demurrage charges allowed in the
above rules until a sufficient time has elapsed after notice for said
consignee to remove said goods by the exercise of ordinary diligence.
RULE VIII.
Railroad companies are authorized to hold such property in pub-
lic warehouses at the expense of the owner, if same is not removed
before demurrage charges attach.
RULE IX.
When any railroad company fails to deliver freight at the depot
or to place loaded cars at an accessible place for unloading within
forty-eight (48) hours (not including Sunday or legal holidays),
computed from 12 o'clock a. m. the day after the arrival of the
same, the shipper or consignee shall be paid one dollar per day
for each day said delivery is so delayed.
RULE X.
1. Cars containing freight are to be delivered upon carload de-
livery tracks or private sidings designated by consignee upon ar-
rival.
2. Cars containing property, the billing of which does not
specify any particular delivery, and for which no standing or special
order has been filed with agent, within twenty-four (24) hours,
will be considered as requiring general track delivery, and shall be
so placed after twenty-four hours.
3. Cars for unloading shall be considered placed when such cars
are held in receiving yards awaiting orders from shippers or con-
signees, or when held for payment of freight charges, provided the
railroad company could otherwise have placed such cars on delivery
tracks, except that on cars consigned to private sidings already
fully occupied and delivery thereof impracticable, detention is to
be computed from time of notification.
4. Whenever the weather during the period of free time is so
SOUTH CAROLINA.
37
severe, inclement or rainy that it is impracticable to secure means
of removal, or where, from the nature of the goods, removal would
cause injury or damage, such time shall be added to the free period,
and no demurrage charges shall be allowed for such additional time.
This rule applies to the state of the weather during business
hours.
RULE XI.
Railroads shall not discriminate between persons or places in
storage or demurrage charges. If a railroad company collects stor-
age or demurrage of one person, under the demurrage rules, it must
collect of all who are liable. No rebate, drawback or other similar
device will be allowed.
If demurrage is collected by a railroad company at one point on
its line, it must collect at all places on its line of those liable under
the rules of this Commission: Provided, that this rule shall not
apply to package freight received in less than carload lots and un-
loaded at depots and warehouses. Provided, further, that the Com-
mission shall hear and grant applications to suspend the operation
of this rule whenever justice shall demand this course.
RULE XII.
Cars detained or held for want of proper shipping instructions
or by reason of improper or excessive loading (where loading is
done by shipper) shall be subject to a demurrage charge of one
dollar per car for each day or fraction of a day said car or cars
are so detained or held. Likewise, when cars are properly loaded
and shipping instructions given, the railroad agent must imme-
diately issue bills of lading therefor; and if said car or cars are
detained or held, and not carried forward (not including Sunday
and legal holidays), within forty-eight (48) hours, except per-
ishable articles, which shall be moved within twenty-four (24)
hours thereafter, said railroad company shall be liable to said
shipper for the payment of one dollar per day for each day or
fraction of a day that said car or cars are thus detained or held.
RULE XIII.
No other charge shall be made for demurrage on car service cars
so defined by Rule I except as provided in the foregoing rules.
And these rules shall become effective February 1, 1901.
PACKAGE STORAGE RULES.
Rules and regulations of the South Carolina Railroad Commis-
sion for storage on package freight. Effective August 1, 1901.
38
STATE DEMURRAGE RULES.
Whereas, an Act was passed by the General Assembly of South
Carolina at the regular session of 1901, and thereafter approved
by the Governor on the 15th day of February, A. D. 1901, au-
thorizing and requiring the Board of Railway Commissioners "to
fix and prescribe a schedule of maximum rates and charges for
storage made and charged by the railroads doing business in this
State, and to fix what time after the reception of freight at place
of destination such charges of storage shall begin," and for other
purposes;
Now, be it resolved, That we, the Board of Railroad Commis-
sioners, do by virtue of the authority conferred by said Act, fix
the following rules and maximum rates for storage charges to apply
to all freight stored by the railroads doing business in this state:
1. All freight received for delivery is subject to storage regula-
tions.
2. All package freight not removed by owners from the cus-
tody of the railway company within seventy-two (72) hours after
legal notice of the arrival thereof has been given to consignee, com-
puted from 12 o'clock of the day following the date of such notice
of arrival, shall thereafter be subject to a charge for storage, as set
forth in Rule IV of these regulations.
3. Prompt notice shall be given to consignees of the arrival of
freights, and the said notice must show date of its issue, and the
time allowed for removal without charge for storage.
4. The maximum charges for the storage of freight by the rail-
roads, when stored in the warehouses of the said railroads in this
state, shall be as follows:
For five days and under, 1c per hundred pounds per day.
For ten days and over five days, 6c per hundred pounds.
For twenty days and over ten days, 8c per hundred pounds.
For thirty days and over twenty days, 10c per hundred pounds.
For forty days and over thirty days, 13c per hundred pounds.
For fifty days and over forty days, 15c per hundred pounds.
Each additional week and fraction thereof thereafter, lc per hun-
dred pounds. The minimum charge for any one shipment shall be
five cents. Not more than one dollar per day shall be charged for
any one consignment not in excess of a carload.
5. A consignee living four miles or over from the depot, and
whose freight is destined to his residence or place of business so
located, shall not be subject to storage charges allowed in the
above rules until a sufficient time has elapsed after notice for said
SOUTH CAROLINA.
39
consignee to remove said goods by the exercise of ordinary diligence.
6. Shipments detained because billed to order and awaiting
bills of lading or instructions as to disposition, shipments held for
want of billing instructions, shipments held for inspection, change
of billing or for any other purpose, by owner or his agent, are sub-
ject to storage charges, and if such freights are forwarded to any
other point, accrued storage will be added to the billing as back
charges.
7. The rates herein prescribed are maximum rates, but these
regulations will not be held to be violated if lower rates are made
by the roads, provided that all shippers at the same point are as-
sessed similar rates without discrimination.
8. Legal holidays and Sundays shall not be taken into account
in reckoning the seventy-two hours herein allowed for removal of
freight without charges.
9. Due diligence on the part of the shipper or consignee to re-
move freight promptly shall be deemed by the railroads a sufficient
ground upon which to remit storage charges accruing by reason of
bad weather or impassable roads.
10. Freight and storage charges must be billed in separate items
though they may be billed in the same sheet.
RULES AND REGULATIONS GOVERNING THE RAIL-
ROADS IN THE PLACING OF EMPTY CARS.
1. All railroad companies in the state of South Carolina are
subject to the rules hereunder promulgated.
2. For other than perishable freights the railroad company ap-
plied to by any shipper for a car or cars shall furnish same prop-
erly placed for being loaded to points in the state of South Carolina
within four days from twelve o'clock m. next day after such applica-
tion.
3. For perishable freights such as vegetables, melons, fruits,
berries, beans or peas, or like freights, cars shall be placed within
three days following application; unless the application state a par-
ticular later period. Provided: These rules do not apply to private
cars.
4. The time allowed the roads for the placing of cars in these
rules is designated as "free time."
5. For each day or a fraction of a day's delay after the expira-
tion of free time the road offending shall forfeit and pay to the
shipper the sum of one dollar per car per day. Any shipper, con-
40
STATE DEMURRAGE RULES.
signee, or owner to avail himself of the benefits of any forfeiture
provided for in these rules must make his application in writing,
and to facilitate the making of such application the several railroads
of the state shall provide suitable blanks for that purpose to be
kept at all agencies.
6. The railroad companies may, when the freights so to be
transported are not in sight, or when there is reason to believe the
application is not made in good faith, require applicant to deposit
two dollars for each car. This money may be retained as a forfeit
to the railroad company, in case the car is not loaded, to pay track-
age; if the car is loaded then the said two dollars shall be refunded
to the shipper with the bill of lading.
7. The period of time during which the movement of trains is
suspended on account of accident or any cause not within the power
of the roads to prevent, shall be added to the free time allowed
herein and accounted as additional "free time."
TEXAS.
41
TEXAS.
RULES OF RAILROAD COMMISSION.
RULE I.
CARS SUBJECT TO RULES.
Section 1. All carload freight: All freight taking a carload
rate, and all freight in cars, whether full carloads or not, taking
track delivery will be subject to Car Service Rules.
Section 2. Exemptions: Cars loaded with live stock, through
consignments (not held for orders) and Company Material, are
not subject to Car Service Rules.
RULE II.
FREE TIME ALLOWED.
Section 1. On all commodities for loading or unloading, forty-
eight (48) hours (two days) free time will be allowed, except as
hereinafter provided.
Section 2. In calculating time Sundays and legal holidays are
excepted. If notice is served and car placed before twelve o'clock
noon, free time begins at noon; if placed after twelve o'clock noon,
free time begins at eight o'clock a. m. following.
RULE III.
NOTICES.
Section 1. Notice of the arrival of cars must be served upon con-
signees or their agents, in writing, without delay; such notice to be
regarded as operative only from the time at which cars are placed
in position for unloading upon the tracks of the company carry-
ing the property. The method for giving such notice shall be by
delivering the notice in writing in person, or by leaving the same at
his place of business, if he does business in the town or city in
which the railroad is located, or by depositing the notice in the
postoffice of such town or city when the consignee or his agent re-
sides without the town.
Section 2. A telephone notice is not a legal notice, and if used
to expedite business must be followed by the written notice as above
provided.
Section 3. When cars are set prior to notice free time shall be
counted only from time of service of notice.
42
STATE DEMURRAGE RULES.
RULE IV.
CHARGES.
Section 1. At the expiration of the free time allowed a charge
for car service, trackage or storage of one dollar ($1.00) per car
per day or fraction thereof shall be made and collected.
Section 2. When cars and tracks are both owned by the same
private party, no charge will be made.
Section 3. Belt, electric, logging, tram and other railroads,
handling cars for themselves or other parties, shall be charged with
all cars delivered to them from the time placed upon interchange
tracks until returned thereto, allowance being made for the time
necessary to perform the switching service (not to exceed twenty-
four (24) hours, in addition to forty-eight (48) hours for loading
or unloading.
RULE V.
DELIVERIES.
Section 1. Cars containing freight to be delivered on carload
delivering tracks or private sidings, shall be placed on the tracks
designated within twenty-four (24) hours after arrival.
Section 2. Should the carrier fail to place such cars on such
sidings for unloading within twenty-four hours after arrival, on
account of bunching or blocking of cars, then the consignee shall
have additional free time of five (5) hours for each twenty-four
hours in excess of twenty-four hours that such cars are held out
from such switch or siding.
Section 3. Delivery will not be made on specially designated
yards or tracks except when practicable to do so. When such de-
livery cannot be made on account of such tracks being fully occu-
pied, or for any other reason beyond the control of the carrier, de-
livery shall be made at the nearest available point.
Section 4. Cars for unloading shall be considered placed when
such cars are held awaiting orders from consignors or consignees,
or for the payment of freight charges.
Section 5. The delivery of cars to private tracks shall be con-
sidered to have been made either when such cars have been placed
on the tracks designated, or, if such track or tracks be full of
loaded cars or unreleased empties, when the road offering the cars
would have made delivery had the condition of such track or tracks
permitted.
TEXAS.
43
Section 6. Cars for loading shall be considered placed when
such cars are placed, or when held upon orders of shippers.
Section 7. Cars detained for any reason for which shippers or
consignees are responsible shall be subject to Car Service Rules.
Section 8. Cars will not be subject to orders for loading, either
by the owners of the property contained therein or any other ship-
pers, until they are empty.
RULE VI.
GULF PORTS.
Cars containing freight consigned to Gulf ports will be subject
to the allotted free time unless the freight is for export or coast-
wise movement and terminal agent is so advised within forty-
eight (48) hours after arrival, when the maximum free time pro-
vided for the commodity may be allowed from date of arrival of
all such cars. Thereafter regular Car Service Rules will apply, the
railroads reserving the right to unload the cars at any time they
may see proper.
RULE VII.
WEATHER.
In case of stormy weather where the property would be damaged
by handling, agents will extend the free time so as to allow the
full forty-eight (48) hours free time of suitable weather in which
to load or unload the cars. But if the parties neglect or fail to
avail themselves of the first forty-eight (48) hours of suitable
weather, they will not be allowed additional free time by reason
of such neglect.
RULE VIII.
COLLECTIONS.
Section 1. It is the duty of the agent to demand payment of
car service on all cars before delivering them when same has accrued
between notice of arrival and ordering. It is also the duty of the
agent, when he has any doubt about car service being paid, to de-
mand one (1) dollar car service at the end of the free time al-
lowed for unloading or loading cars, and if payment of said car
service is refused, to decline to deliver the car or allow the lading
to be taken from it, either by sealing or locking the car or by placing
it where it is not accessible to consignee or shipper.
Section 2. If a car is ordered to a private track for a party
who has declined to pay previous bills, agents will refuse to switch
44
STATE DEMURRAGE RULES.
said car to said track until car service due or which may accrue on
said car is paid or guaranteed.
Section 3. In cases where consignors refuse to pay car service
charges that have accrued while cars are being held for loading,
agents may refuse to issue bills of lading or ship the goods until
car service charges are paid or authorized billed out as advanced
charges and inserted in bill of lading.
Section 4. When freight is transferred, car service charges will
continue on the car or cars into which transfer is made.
RULE IX.
FREIGHT IN BOND.
Cars loaded with freight in bond will be allowed forty-eight (48)
hours free time for unloading after release by United States Cus-
toms Officer.
RULE X.
FREE TIME ALLOWANCE UNDER CAR SERVICE RULES.
Coal and Coke-Seventy-two (72) hours for unloading after
notice.
Cotton-Seventy-two (72) hours at interior compresses for com-
pressing in transit.
Cotton-One hundred and twenty (120) hours at Gulf ports.
Cotton Seed Products-Two hundred and forty (240) hours at
Gulf ports.
Grain for Export-No time limit.
Ore from Mexico at El Paso-One hundred and twenty (120)
hours.
Ore from United States at El Paso-Seventy-two (72) hours.
Lead, Spelter, Staves, Logs, Lumber, Wool, Rail and other car-
load commodities for export or coastwise delivery-One hundred
and sixty-eight (168) hours, and to apply only on wharf delivery
at Gulf ports.
Rice Products-For export, two hundred and forty (240) hours
at Gulf ports.
All other commodities-Forty-eight (48) hours from noon or
eight a. m. after notice.
RULE XI.
COMPLAINTS, ETC.
All complaints which may arise from non-conformity to any of
these rules, or from neglect or indiscretion in enforcing same, and
TEXAS.
45
all doubtful and complicated cases involving any uncertainty as
to the proper meaning and application of these rules, may be re-
ferred to the Railroad Commission.
This order shall take effect March 20, 1903.
RULE XII.
TEXARKANA.
Section 1. Where notice is given to consignee by mail there
shall be twenty-four (24) hours additional free time to be added to
the time allowed when consignee is served personally with notice,
to be computed from day after notice is mailed.
Section 2. When consignors ship goods to themselves or order,
it shall be the duty of the railroad companies to give legal notice
to such consignors or persons to whom shipping directions order
delivery. This notice may be addressed by mail to consignee at
point of delivery, and car service will begin as in other cases of
notice by mail; and the mailing of such notice shall be sufficient
legal notice in such cases, whether the consignee actually receives
the same or not. Where the consignee shall refuse to accept freight
tendered, in pursuance of the bill of lading, the carrier charged
with the duty of delivery may give to the consignor legal notice of
such refusal, and if he shall not, within three days thereafter, give
directions for the re-shipment or unloading of such goods, he shall
henceforth become liable to such carrier for demurrage upon the
car or cars in which they are stored, to the same extent and at the
same rate as charges are now, under like circumstances by the
rules of this Commission, imposed upon consignees who neglect
or refuse, after notice of arrival, to remove freight of like charac-
ter from the cars of a carrier.
Section 3. A consignee living more than five miles from the
depot, and whose freight is destined to his residence or place of
business so located, shall not be subject to demurrage charges pre-
scribed in the rules of this Commission until after seventy-two (72)
hours, counting from eight (8) a. m. on the day following the
mailing of the notice.
This order shall take effect March 20, 1903.
FURNISHING CARS.
REVISED STATUTES. ARTICLE 4497. When the owner, man-
ager or shipper of any freight of any kind shall make application
in writing to any superintendent, agent or other person in charge
46
STATE DEMURRAGE RULES.
of transportation, to any railway company, receiver or trustee op-
erating a line of railway at the point the cars are desired upon
which to ship any freight, it shall be the duty of such railway com-
pany, receiver, trustee, or other person in charge thereof, to supply
the number of cars so required at the point indicated in the ap-
plication within a reasonable time thereafter, not to exceed six
days from the receipt of such application, and shall supply such
cars to the persons so applying therefor in the order in which
such applications are made, without giving preference to any per-
son; provided, if the application be for ten cars or less, the same
shall be furnished in three days; and provided further, that if the
application be for fifty cars or more, the railway company may
have ten full days in which to supply the cars.
ART. 4498. Said application for cars shall state the number
of cars desired, the place at which they are desired and the time
they are desired; provided, that the place designated shall be at
some station or switch on the railroad.
ART. 4499. When cars are applied for under the provisions of
this chapter, if they are not furnished, the railway company so
failing to furnish them shall forfeit to the party or parties so ap-
plying for them the sum of twenty-five dollars per day for each
car failed to be furnished, to be recovered in any court of compe-
tent jurisdiction, and all actual damages that such applicant may
sustain.
ART. 4500. Such applicant shall, at the time of applying for
such car or cars, deposit with the agent of such company one-
fourth of the amount of the freight charge for the use of such
cars, unless the said road shall agree to deliver said cars without
such deposit. And such applicant shall, within forty-eight hours
after such car or cars have been delivered and placed as herein-
before provided, fully load the same, and upon failure to do so, he
shall forfeit and pay to the company the sum of twenty-five dol-
lars 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 the first application, and the next forty-eight hours
to load the car or cars furnished on the next application, and so
on; and the penalty prescribed shall not accrue as to any car or
lot of cars applied for on any one day, until the period within
which they may be loaded has expired. And if the said applicant
shall not use such cars so ordered by him, and shall so notify the
TEXAS.
47
said company or its agent, he shall forfeit and pay to the said
railroad company in addition to the penalty herein prescribed, the
actual damages that such company may sustain by the said failure
of the applicant to use said cars.
ART. 4501. When cars have been supplied and loaded, it shall
be the duty of the railway company to deliver the same to the
party or parties to whom they are consigned within a reasonable
time, and the party or parties to whom the cars are consigned shall
unload the same within forty-eight hours after delivery and no-
tice, or forfeit to the railway company the sum of twenty-five dol-
lars per day for each car so left unloaded, to be recovered in any
court of competent jurisdiction.
ART. 4502. It shall be necessary for the party or parties bring-
ing suit against any railroad company under the provisions of this
law, to show by evidence that he or they had on hand at the time
any demand for cars was made the amount of lumber, cotton, wool,
hides, or other freight, necessary to load the cars so ordered; pro-
vided that the provisions of this law shall not apply in cases of
strikes or other public calamity.
48
STATE DEMURRAGE RULES.
VIRGINIA.
RULES OF CORPORATION COMMISSION.
ALL STORAGE, DEMURRAGE AND CAR SERVICE CHARGES, AND ALL
CAR DETENTION CHARGES, shall be as prescribed in these rules.
Nothing in these rules shall apply to shipments of live stock and
perishable freight, which shipments shall be governed by the stat-
utes now in force, with such additional requirements as may be
ordered by the Commission from time to time. In all computa-
tion of time under these rules, Sundays and legal holidays are to
be excluded.
RULE I.
When a shipper makes verbal or written application to a rail-
road company for a car or cars, to be loaded with any kind of
freight embraced in the tariff of said company, stating in said
application the character of the freight, and its final destination,
the railroad company shall furnish same within four days from
seven o'clock a. m. the day following such application.
Or, when the shipper making such application specifies a future
day on which he desires to make a shipment, giving not less than
four days' notice thereof, computing from seven o'clock a. m. the
day following such application, the railroad company shall furnish
such car or cars on the day specified in the application.
For failure to comply with this rule, the company so offending
shall forfeit and pay to the shipper applying the sum of $1.00 per
car per day, or fraction of a day's delay after expiration of free
time, upon demand in writing, made within thirty days thereafter
by the shipper;
Provided, however, that this rule shall not apply to shipments
of coal and coke from mines and ovens.
RULE II.
When freight in carloads or less is tendered to a railroad com-
pany, and correct shipping instructions given, the railroad agent
must immediately receive the same for shipment, and issue bills
of lading therefor, and whenever such shipments have been so re-
ceived by any railroad company, they must be carried forward at
the rate of not less than fifty (50) miles per day of twenty-four
hours, computing from seven o'clock a. m. the day following re-
ceipt of shipment, and for failure to receive and transport such
VIRGINIA.
49
shipments within the time prescribed, the railroad company so
offending shall forfeit and pay to the shipper the sum of $1.00
per car per day, or fraction thereof, on all carload freight, and one
cent per hundred pounds per day, or fraction thereof, on freight
in less than carloads, with minimum charge of five (5) cents for
any one package, upon demand in writing by the shipper, or other
party whose interest is affected by such delay; provided, that in
computing the time of freight in transit, there shall be allowed
twenty-four hours at each point where transferring from one rail-
road to another, or rehandling of freight, is involved.
The period during which the movement of freight is suspended
on account of accident, or any cause not within the power of the
railroad company to prevent, shall be added to the free time al-
lowed in this rule, and counted as additional free time.
RULE III.
Railroad companies shall, within twenty-four hours after ar-
rival of shipments, give notice, by mail or otherwise, to consignee
of the arrival of shipments, together with the weight and amount
of freight charges due thereon, and where goods or freight in
carload quantities arrive, such notice shall contain also identifying
numbers, letters and initials of the car or cars, and if transferred
in transit, the number and initials of the car in which originally
shipped. Any railroad company failing to give such notice shall
forfeit and pay to the shipper, or other party whose interest is af-
fected, the sum of $1.00 per car per day, or fraction of a day's
delay, on all carload shipments, and one cent per hundred pounds
per day, or fraction thereof, on freight in less than carloads, with
minimum charge of five (5) cents for any one package, after the
expiration of the said twenty-four hours; provided, that not more
than one dollar per day be charged for any one consignment not
in excess of a carload.
(a) This rule is applicable also to steamboat and steamship
lines.
RULE IV.
Railroad companies shall deliver freight at their depots or ware-
houses, or, in case of shipments for track delivery, shall place
loaded cars at an accessible place for unloading within twenty-four
hours after arrival, computing from seven o'clock a. m. the day fol-
lowing arrival of same. Except that carload shipments for track
delivery at local stations having not more than one team track,
50
STATE DEMURRAGE RULES.
shall be placed at an accessible point for unloading by the con-
ductor of the train on which the car arrives. The shipper or con-
signee shall be paid $1.00 per car per day for each day, or frac-
tion of a day, such delivery is so delayed.
RULE V.
All carload freight, or freight carried at carload rates, and all
freight in cars, whether full carload or not, taking track delivery,
shall be subject to the demurrage, or car service charges prescribed
in these rules.
RULE VI.
A shipper, on whose order a car or cars have been placed for
loading, shall be allowed forty-eight hours for the loading of such
car or cars, computing time from seven o'clock a. m. the day after
such car or cars have been placed subject to the order of shipper,
and thereafter a demurrage charge of not more than $1.00 per car
per day, or fraction of a day, may be assessed and collected on all
such cars as have not been tendered to the railroad company with
shipping instructions within said forty-eight hours; provided, how-
ever, that should the shipper fail to begin loading within forty-
eight hours after the expiration of free time, the railroad com-
pany shall consider the car or cars released, and may assess and
collect $2.00 on each car, covering the demurrage then due.
Railroad companies shall not be compelled to furnish cars for
future shipments to parties in default as to the payment of the
demurrage charges, hereinlast provided for, until such demurrage
charges have been paid.
If, after placing the car or cars required by this rule, the rail-
road company shall, during or after free time, temporarily remove
all or any of them, or in any way prevent, obstruct or delay the
loading of same, the shipper shall not be chargeable with the delay
caused thereby.
When, by reason of delay or irregularity on the part of the rail-
road company in filling orders, cars are bunched in excess of the
ability of the shipper to load, as indicated in his applications, the
shipper shall be allowed separate and distinct periods of free time
within which to load the car or cars specified in each separate ap-
plication.
RULE VII.
A car or cars detained or held at point of shipment for want of
proper shipping instructions, or by reason of imperfect or exces-
VIRGINIA.
51
sive loading, where loading is done by shipper, shall be subject to
a demurrage charge of $1.00 per car per day, or fraction of a day,
said car or cars are so detained or held. In cases of imperfect or
excessive loading, the shipper shall be notified thereof as early as
practicable after said car or cars have been received from him, in
which case car service charges shall begin at the time of notification.
RULE VIII.
Legal notice, as referred to in these rules, may be either actual
or constructive. Where the consignee or his agent is personally
served with notice of the arrival of freight at or before 6 p. m.
of any day, free time begins at seven o'clock a. m. on the day after
such notice has been given. Constructive notice referred to consists
of posting notice by mail to consignee. Where this mode of giving
notice is adopted there shall be twenty-four hours additional free
time; provided, however, that when, in any case where notice of
arrival is given by mail, the consignee shall make oath that neither
he, his agents, nor employees, have received such notice, then he
will be held not to have received legal notice by reason of posting
of said notice by mail.
RULE IX.
All package freight unloaded by railroad companies in their
depots or warehouses, and all freight which, in order to release
cars, is unloaded in the yard space of a railroad company, which
is not removed by the owners thereof from the custody of the
railroad company within forty-eight hours, computing from seven
o'clock a. m. of the day following legal notice of arrival, may be
subject to the charge of storage for each day, or fraction of a day,
it may remain in the custody of the railroad company, as follows:
In less than carloads, not more than one cent per hundred
pounds per day, or fraction thereof; in carload quantities, not
more than ten cents per ton of 2,000 pounds per day or fraction
thereof, but not exceeding $1.00 per car per day, or fraction of a
day; provided, that in no case shall the amount so collected for
storage of a less than carload shipment exceed the amount au-
thorized to be charged as storage or demurrage on a carload of
similar freight for the same length of time when not unloaded
from car, as provided by the demurrage rules.
(b) This rule shall apply also to steamboat and steamship
companies unloading package freight in their warehouses, except
that one hundred and twenty (120) hours of free time shall be al-
lowed instead of forty-eight.
52
STATE DEMURRAGE RULES.
RULE X.
Loaded cars containing fertilizers, hay, coal, coke, brick, and lum-
ber in covered cars, and the following articles in bulk: Meat, po-
tatoes, grain, and grain products, cotton seed, and cotton seed
hulls, taking track delivery, which are to be unloaded by con-
signee, but are not unloaded within seventy-two hours, computed
from seven o'clock a. m. the day following the day legal notice of
arrival is given (having been placed at an accessible point for
unloading), may be subject thereafter to a charge for demurrage
of $1.00 per car for each day, or fraction of a day, that they may
remain loaded in possession of the railroad company. All other
loaded cars, taking track delivery, to be unloaded by consignee,
shall be limited to forty-eight hours of free time; provided, how-
ever, that if, after placing a car or cars, as required in this rule,
the railroad company shall, during or after free time, temporarily
remove all or any of them, or in any way obstruct the unloading
of same, the consignee shall not be chargeable with the delay
caused thereby.
Provided, that when, on account of delay or irregularity in
transportation, cars are bunched in transit and delivered to con-
signee in numbers beyond his reasonable ascertained ability to un-
load within the free time prescribed in these rules, he shall be al-
lowed 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 consignee.
RULE XI.
Whenever the weather, during the period of free time, is so
severe, inclement, or rainy that it is impossible or impracticable
to secure means of loading or unloading freight, or when, from
the nature of the goods, loading or unloading would cause injury
or damage, such time shall be added to the free period, and no de-
murrage charges shall be allowed for such additional free time.
This rule applies to the state of the weather during business hours.
RULE XII.
A consignee or consignor five miles or more from the depot, and
whose freight is destined to or from his place of business or resi-
dence so located, shall not be subject to storage or demurrage
charges allowed in the foregoing rules until a sufficient time has
elapsed after notice for said consignee or consignor to remove or
VIRGINIA,
53
load said goods by the exercise of ordinary diligence. But the
time limit for loading or unloading shall not exceed five days.
RULE XIII.
On carload freight originating in Virginia, and shipped on local
bills of lading to a terminal point at a port within this State, there
shall be allowed ten days free time, computing from seven o'clock
a. m. the day after arrival of car or cars, before application of
storage or demurrage charges; provided, the consignee, within
forty-eight hours after the arrival of such car or cars, notifies the
delivering line at such terminal point that it is intended for fur-
ther movement.
RULE XIV.
Incoming carload freight, coming under the provisions of Rules
XI. and XII., may be stored by railroad companies in depots or
warehouses at the expense of owner, if same is not removed before
demurrage charges attach; provided, that daily storage charge on
such freight shall not exceed the demurrage allowed under these
rules.
RULE XV.
If the consignee shall refuse to accept freight tendered in pur-
suance of the bill of lading, the carrier charged with the duty of
delivery shall give legal notice to the consignor of such refusal;
and if he shall not, within three days thereafter, give direction for
the re-shipment or unloading, or other disposition of such goods,
he shall thenceforth become liable to such carrier for storage on
such goods, or demurrage upon the car or cars in which they are
stored, to the same extent, and at the same rates as such charges
are now, under like circumstances, by the rules of this commission,
imposed upon consignees who neglect or refuse, after notice of
arrival, to remove freight of like character from the depots or cars
of a carrier. A consignee who has once refused to accept a con-
signment of goods shall not thereafter be entitled to receive the
same, except upon payment of all charges for storage or demurrage
which have accrued; and if the consignee of freight in carloads, or
less than carloads, shall fail or neglect to remove such freight
within three days after the expiration of free time, then the car-
rier shall, through the agent at point of shipment, so notify the
shipper, unless the consignee has signified his acceptance of the
property. Said notice may either be served personally or given
by mail.
54
STATE DEMURRAGE RULES.
RULE XVI.
When consignors ship goods consigned to order, but express, in
their bills of lading or shipping directions, the name of a person
at destination to notify, it shall be the duty of the railroad, or
other transportation company, to give legal notice to such party
in the same way, and under the same rule, as if the shipment had
been made direct to him. But when consignors do not comply
with this condition, the railroad, or other transportation company,
shall give such notice only to such consignors; except, that in ship-
ments of grain or hay, notice shall also be given to the local ex-
changes; provided, that at the expiration of free time the carrier
shall give notice thereof to the consignor.
1
RULE XVII.
Railroads shall not discriminate between persons or places in
storage or demurrage charges. No rebate, drawback, or other simi-
lar device will be allowed; provided, that this rule shall not apply
to package freight received in less than carload lots and unloaded
in depots and warehouses.
RULE XVIII.
No demurrage shall be charged on private cars standing on pri-
vate tracks, when both cars and tracks are owned by the same per-
son. Where the cars are not owned by the owner of the tracks, no
demurrage shall be charged; provided, the person owning the
tracks shall furnish to the delivering railway satisfactory evidence
that the owner of the cars releases both him and the delivering
road from the payment of demurrage.
RULE XIX.
Nothing in the foregoing rules shall be construed to prohibit
railroad companies from contracting with shippers and consignees
on terms of mutual convenience in the matter of furnishing and
discharging cars; provided, that such contracts shall be so drawn
as to give to either party the right to cancel same on ten days' no-
tice, and thereafter demand the application of these rules.
RULE XX.
The commission reserves the right on its own motion to sus-
pend the operation of these rules, or any one or more of them, in
whole or in part, whenever it shall appear that justice demands
such action, and the commission will, upon complaint, hear and
act upon applications for a like suspension.
VIRGINIA.
55
The commission further reserves all of its powers under the
Constitution and laws of the State to impose fines and penalties
upon transportation companies persistently disregarding these
rules, or failing to furnish reasonable transportation facilities.
NOTICE.
Attention is called to the Act of the General Assembly, approved
May 16, 1903, relating to the subject matter of these rules, which
provides that if a consignor or consignee claims and receives the
penalties imposed upon railroad companies in the above rules for
failure to comply therewith, such penalties or charges shall, "when
paid, be in full of any and all claims for damages growing out of
such failure; provided, however, that the owner of the freight may,
at his election, waive said charges, and elect to claim such actual
damage as he may have sustained, instead of such charges."
56
STATE DEMURRAGE RULES.
Table No. 1. Authority, to what class of freight rules apply and
2.
Table No.
Table No. 3.
Table No. 4.
Table No.
Table No.
5.
6.
Table No. 7.
Table No. 8.
Table No. 9.
Table No. 10.
Table No. 11.
regarding holidays.
Regarding the furnishing of cars for shipments.
Regarding free time for loading.
Regarding moving loaded cars.
Regarding placing of cars and notification.
Regarding free time for unloading.
Commodities for which there is an exception to
the rules.
Bunching of cars.
Weather conditions and distance consignee resides
from depot.
Private tracks and private cars.
Discriminations and suspensions of rules.
Note. No attempt has been made to tabulate the special features
of the various State Rules, nor for less than car lot shipments;
only where there are matters in common relating to car lots, has
there been tabulation.
State
TABLE No. 1. AUTHORITY, TO WHAT CLASS OF FREIGHT RULES
APPLY AND REGARDING HOLIDAYS.
Authority
Rules apply to
Conn....
Law
Fla..
Car lots
Yes
Commission Goods taking track de- Yes
Ga...... Commission Goods taking track de- Yes
livery
livery
livery
La...... Commission Goods taking track de- Yes
Minn. Law
Miss.... Commission Goods taking track de- Yes
Sundays and legal
holidays excepted
5
livery
Mo...
Law
N. C. Commission Car lots
Yes
Pro rata to requests
4
N. Dak. Law
Grain and live stock
S. C.... Commission Car lots
No
4 (if for perishable
goods, 3 days)
Texas... Commission Car lots, except live Yes
stock, through consign-
ments and company
property
Va...... Commission Freight, except live Yes
stock and perishable
articles for which spe-
cial statute
6
4
10
Cars ordered must be
supplied in
days
57
TABLE No. 2. REGARDING THE FURNISHING OF CARS FOR
SHIPMENTS.
State
Payment at time
cars requested
Notice of cars wanted
future day
Penalty for failure
to supply cars
Conn....
Fla..
Ga.
La...
$5.00
$1.00 per car per day
Minn.
Miss..
Yes, if 5 days
intervene
$1.00 per car per day
Mo..
N. C.... $2.00
$1.00 per car per day
N. Dak.
S. C.....$2.00
Texas.
One fourth freight
$1.00 per car per day
$25.00 per car per
Va......
Yes, if 4 days
intervene
day
$1.00 per car per day
[Extension by reason Demand for payment | Must issue bill of
of accident
to be made in ..days
State
Conn.
Fla..
lading
Yes
Yes
Ga...
La...
Minn.
Miss.
30
Yes
Mo..
N. C..
Yes
30
N. Dak.
S. C...
Yes
Texas..
Yes
Va...
Yes
30
Yes
State
Free time for loading
TABLE No. 3. REGARDING FREE TIME FOR LOADING.
Penalty for violation
of
Computed from
Conn...
4 days
Time accessible
Fla.
72 hours
Ga.
48 hours
$1.00 per car per day
$1.00 per car per day
La.
48 hours
•
Minn.... Grain and farm
Miss....
•
Mo.
produce, 36 hours
N. C....48 hours
N. Dak. Grain 48 hours
S. C....48 hours
Texas... 48 hours
Va... 48 hours
After notice
After placed
7 a. m. following
notice
7 a. m. following $1.00 per car per day
notice
After notice
Notice before noon,
noon; if after
noon, 8 a. m. day
following
$1.00 per car per day
$25.00 per car per day
7 a. m. or placing $1.00 per car per day
58
State
TABLE No. 4. REGARDING MOVING LOADED CARS.
Forwarded within
hours, and rate per
day
Conn....
Fla.....
48; perishable, 24
Ga...... 24
La......
Minn..
Miss... 24
•
Mo....
Time for forwarding
begins
Penalty for failure to
forward
$1.00 per car per
day
$1.00 per car per
day
days, then 25
miles
N. C.... 50 miles first three 7 a. m. after re- $1.00 per car per
N. Dak. Live stock, 20
ceipt of goods
day
miles per hour
$5.00 per hour and
actual damages
S. C....
Texas.
Va....
50 miles per day
7 a. m. day fol- $1.00 per car per
lowing ship- day
ment
$1.00 per car per
24 hours
day
24 hours
Time allowed for trans-
fer between carriers
59
State
Conn.
•
Fla...
Ga..
La..
TABLE No. 5. REGARDING PLACING OF CARS AND
NOTIFICATION.
Cars must be placed for Notice of arrival
State unloading within
within
hours
Notice to contain
weight
hours
72
48
Prompt
Yes
Prompt
Yes
Immediately upon pay-
Prompt
Yes
ment of freight
charges or as soon as
yard work will permit
and within 48 hours;
48 hours additional
time if hauled by two
companies
Minn...
Miss.
48
Prompt
Yes
Mo..
N. C..
48
Prompt
Yes
N. Dak.
S. C.... 48 except Sundays and
Prompt
Yes
legal holidays
Texas...
24
Without delay in
writing
Va....
24
24
Yes
Notice to contain freight
Notice to contain identi-
fying numbers
Notice to contain initials
of cars
Conn.
Fla.
Yes
Yes
Yes
Ga..
Yes
Yes
Yes
La.
Yes
Yes
Yes
Minn.
·
Miss..
Yes
Yes
Yes
Mo.
N. C..
Yes
Yes
Yes
N. Dak.
S. C....
Yes
Yes
Yes
Texas..
Va...
Yes
Yes
Yes
60
State
Notice is actual or con-
structive
Actual notice is
Constructive notice is
Free time begins actual
notice
Conn..
Fla.
Yes
Personal
Ga...
Yes
Personal
Mail
Mail
Yes
La.
Yes
Personal
Mail
10 a. m. day after
7 a. m. day after
Minn.
Miss.
Mo.
N. C..
•
Yes
Personal
•
Mail
7 a. m. day after
Personal, in
7 a. m. day after
writing
Va…….
N. Dak.
S. C....
Yes
not legal
Yes
Personal
Mail
12 m. day after
Texas... Telephone notice
Personal
Mail
7 a. m. day after notice
Additional time if
State
notice is constructive Avoid notice by mail
If consignee refuse,
carrier must
Conn...
Fla..
24 hours
By oath
Notify consignor
Ga.
24 hours
By oath
Notify consignor
La...
Notify consignor
Minn.
•
Miss...
Mo.
None
By oath
N. C.
•
N. Dak.
S. C....
24 hours
By oath
Notify consignor
Texas..
Va...
24 hours
By oath
Notify consignor
61
State
Consignor must reship
Consignor must unload
Conn.
Fla... In 3 days
Ga.... In 3 days
La...... In 3 days
In 3 days
In 3 days
In 3 days
Minn..
If consignee refuse can-
not thereafter accept
Carrier must notify 'no-
tify party' in order ship-
ments
Except upon payment of Yes, by mail
demurrage
Except upon payment of Yes, by mail
demurrage
Except upon payment of Yes, by mail
demurrage
Miss...
Mo..
N. C.
•
N. Dak.
Yes, by mail
Yes, by mail
S. C.... In 3 days In 3 days Except upon payment of Yes, by mail
Texas...
Va..
In 3 days In 3 days
demurrage
Except on payment of
demurrage
Yes
State
Conn.
Fla..
•
Ga...
La...
Minn..
Miss..
Mo...
N. C.
N. Dak.
S. C...
Texas.
Va..
•
Time computed from
Time cars accessible
10 a. m. day after
arrival
10 a. m. day after
arrival
7 a. m. day after
arrival
7 a. m. day after
arrival
7 a. m. day after
arrival
12 m. day after
arrival
7 a. m. day after
arrival
Penalty after free time
$1.00 per car per day
$1.00 per car per day
$1.00 per car per day
$1.00 per car per day
62
State
Conn....
Fla.....
Ga......
La....
Minn....
•
Miss...
Mo.....
N. C..
N. Dak.
S. C....
Texas...
rate
Va...
State
TABLE No. 6. REGARDING FREE TIME FOR UNLOADING.
Free time for unloading
Charges after free time
Cars must be accessible
Carrier may store
Yes
Conn.
Fla..
4 days
72 hours
$1.00 per car per day
Yes
Yes
Ga..
48 hours
La...
48 hours
$1.00 per car per day
$1.00 per car per day
Yes
Yes
Yes
Minn.
Grain, 24 hours;
other $1.00 per car per day
1
goods, 48
Miss...
48 hours
$1.00 per car per day
Yes
Yes
Mo.
Grain, 36 hours
N. C.. 48 hours
N. Dak.
•
S. C... 48 hours
Yes
$1.00 per car per day
Yes
Grain, 48 hours
$1.00 per car per day
Yes
Yes
Texas..
•
48
hours
$25.00 per car per day
Yes
Yes
Storage charge limit
Cars held for want of
instructions
Considered Considered
placed
Considered
placed
Considered
placed
placed
Demurrage Considered
placed
Va...... Demurrage Considered
rate
Cars held for want of
freight
Considered Considered
placed placed
Considered Considered placed
placed
when held for any
reason
placed
Cars held for improper
loading
Notification to shipper
of improper loading
Considered Yes
placed
Considered Yes
placed
Considered
placed
Considered Yes
placed CENT
63
TABLE No. 7. COMMODITIES FOR WHICH THERE IS AN EXCEP-
TION TO THE RULES.
Special time for
Conn...
Fla......
Ga......
La...
Seed cotton, cotton seed in bulk, cotton seed hulls in bulk, fer-
tilizer materials in bulk, coal, brick, potatoes, bulk cabbage,
dressed lumber in box cars.
Bananas and cocoanuts to be loaded, 5 days; except when
loaded by importers; coal and coke three days after bulk
broken; watermelons, five days; bulk meats, four days. Ex-
port freight, ten days.
Minn...
Miss...
Mo...
N. C……………..Fertilizer, brick and bulk cotton seed, cotton seed hulls, fer-
tilizer materials, grain, lime, coal, coke, lumber in box cars,
72 hours.
N. Dak....Law applies to live stock and grain only.
S. C....... Grain, flour, meal, bran, mill feed, cotton seed and products,
fertilizer, hay, coal, pyrites, apples, potatoes, cabbage,
dressed lumber, brick and crushed stone, 24 hours additional.
Texas...... Coal and coke, 72 hours; cotton for compressing, 72 hours;
cotton at Gulf ports, 120 hours; cotton seed products, 120
hours-at Gulf ports, 240 hours; grain for export, no limit;
ore from El Paso, 120 hours; ore from U. S., 72 hours; lead,
spelter, staves, logs, lumber, wool, rail and commodities for
export or coastwise delivery, 168 hours at Gulf; rice for ex-
port, 240 hours.
Va...
Meats, potatoes, grain, grain products, cotton seed and cotton
seed hulls, 72 hours.
64
State
Cars bunched on
consignee
TABLE No. 8, BUNCHING OF CARS.
Allowance for
bunching
Conn....
Fla.
Allowance
Ga......Allowance
La......Allowance
Minn.
Miss.... Allowance
Mo..
N. C....Allowance
N. Dak.
S. C.... [Allowance
Texas...
Va……... Allowance
96 hours excess over 3
cars
78 hours excess over 3
cars
24 hours excess over 3
cars
72 hours excess over 4
cars
No demurrage for excess Over 1 car
over 1 car
Time detained
Over 3 cars
Necessary by due and Beyond ascertained abil-
usual diligence
ity
What constitutes
bunching
65
TABLE No. 9. WEATHER CONDITIONS AND DISTANCE CON-
SIGNEE RESIDES FROM DEPOT.
State
Conn....
Fla... Over four miles
Ga...... Over five miles
Prescribed distance
Allowance for distance Total limit
Sufficient time using or-
dinary diligence
Sufficient time using or-
dinary diligence
La..
Minn.
Miss..
Over 3 miles, 5 days
Over 10 miles, 7 days
Mo....
N. C.... Over five miles
N. Dak.
S. C.... Over four miles
Texas...
Va....
Over five miles
Sufficient time using or 5 days
dinary diligence
Sufficient time using or-
dinary diligence
Sufficient time using or-5 days
dinary diligence
/
Additional time if
Allowance for
Inclemency must
State
inclement weather
occur in free time
consignee reside at
distance from depot
Conn.
Fla...
Yes, during business
Yes
Yes
hours
Ga...... Yes, during business
Yes
Yes
hours
La.
Yes
Yes
Minn.
Miss.... Yes, during business
hours
Yes
Yes
Mo..
N. C.... Yes,
hours
during business
Yes
Yes
N. Dak.
S. C.... Yes, if due diligence
Yes
used
Texas...
Va...
Yes
Yes
Yes
Yes
Yes
66
State
Conn...
Fla...
Ga.
La.
Minn..
Miss.
Mo..
N. C..
N. Dak.
S. C....
Texas...
Va...
TABLE No. 10. PRIVATE TRACKS AND PRIVATE CARS.
If not billed special
track may be
If billed special track,
and track full
Placed on general track Considered as placed
after 24 hours
Demurrage on private
cars on private tracks
If owner of cars release
owner of track from
demurrage
Considered as placed
No
Yes
No
Placed nearest available No
track or considered
placed
TABLE No. 11. DISCRIMINATIONS AND SUSPENSIONS OF
RULES.
No No
Can carrier practice
State
discriminations regard-
If collect of one must Rules may be
collect of all
suspended
ing demurrage
Conn...
Fla.
No
Yes
Yes
Ga.
No
Yes
La.
Minn..
Yes
Miss.
No
Mo.
Yes
N. C.
N. Dak.
S. C....
No
Yes
Yes
Texas.
Va...
No
Yes
67
FORM FOR ORDERING CARS IN SOUTH CAROLINA.
ORDER FOR EMPTY CARS.
M..
Agent.....
At.
Rail..
...190
.Station, S. C.
.190..
..to be shipped to
.....empty cars by.
•
•
Please furnish me (us) with.
which I (we) agree to promptly load with.
(Signed).
•
Shipper.
Received...
RECEIPT A.
•
190 of
dollars, which it is mutually agreed
shall be retained by the Railway Company as a forfeit in case the car or
cars to be furnished as per the above order are not loaded by shipper; said
sum to be returned to the shipper when the cars have been loaded and
shipping instructions furnished.
Received....
(Signed)..
Agent...
.Rail.
•
RECEIPT B.
190
of
.Rail..
.Agent,
dollars, deposited
with him as a guarantee that the cars ordered as above would be loaded.
(Signed).....
Shipper.
INSTRUCTIONS TO AGENTS.
This form of order to be used only when intending shipper desires to en-
force penalty for failure on part of Railroad Company to furnish cars
ordered for shipments to be made to points within the State of South
Carolina, as provided by order of Railroad Commission of said State, ef-
fective May 1st, 1902. This order to be made in duplicate by use of
carbon, the original to be retained and duplicate given to shipper. If
freights to load cars are not in sight, and the Agent has reason to believe
the application is not made in good faith, he must require a deposit of
Two ($2.00) Dollars for each car ordered, giving "Receipt A" therefor.
If cars are loaded, the money must be returned to shipper, and "Receipt
B' taken for same. Demurrage must be collected if cars are not loaded
within free period allowed by Car Service Rules.
68
The statutes of several of the states provide that the railroad must
provide adequate car facilities; these states are: Arizona, Arkansas, Cal-
ifornia, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Ken-
tucky, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska,
Nevada, New Hampshire, New Jersey, New Mexico, New York, North
Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina, South
Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West
Virginia and Wisconsin.
UNIVERSITY OF MICHIGAN
3 9015 07376 4956
FREE LIBRARY
LEGISLATIVE RE.
FILMED 1985
CSERVATION
DO NOT REMOVE
OR
MUTILATE CARD
The Most Direct, Safest and Surest Route
to the Grain Dealer is
The
Grain Dealers
Journal Route
D
It is the popular and inexpensive
You are always sure to be
way.
in good company-sure to have a
pleasant as well as a profitable trip.
Jonrnal starts on the 10th and 25th
of each month.
Better engage passage for your
announcements to the grain trade
now and insure their reaching the
progressive grain dealers of the
country before it is too late.
GR
RAIN
DEALERS JOURNAL
255 LA SALLE STREET, CHICAGO, ILL.
FREE LIBRARY COMMISSION,
LEGISLATIVE RE
OM.