Слике страница
PDF
ePub

meeting for a formal hearing by this Board, the day being named by the Commission for said hearing, and the following procedure shall prevail :

(a) This Commission shall designate the time, place and hour at which such hearing shall be had, and the Secretary of this Commission shall notify interested parties in writing to this effect.

(b) All testimony given at such hearing shall be under oath. (c) At such hearing, the burden of proof shall be upon the party complaining, and the individual, firm or corporation against which complaint is made. shall be heard in reply.

(d) The decision of this Commission shall be in writing, and a copy of the same shall be given to each of the parties interested.

[blocks in formation]

On or before the first day of October each year, each telephone company shall file with this Commission a separate report for each exchange operated by it in any city or town in this State, and all rates or charges for telephone service at said exchange shall be submitted to this Commission for approval.

No. 69. CONTRACTS AS TO RATES.

All contracts and agreements as to any rates or charges for services or connections, made between any exchange or exchanges, and any private lines, must first be submitted to this Commission for approval.

No. 70. ACQUIRING ADDITIONAL LINES.

All additional lines and connections acquired by purchase or otherwise by any telephone company or exchange, must be reported immediately to this Commission, giving schedule of rates charged, number of telephones, etc.

No. 71. REPORTS AS TO TOLL RATES.

All toll rates or long-distance charges to and from all places within the State of South Carolina, must be reported to this Commission in detail on or before the first day of October; and any changes on said toll or long-distance charges must be submitted to this Commission immediately.

No. 72. FIXING RATES FOR NEW EXCHANGES.

Any telephone company establishing a telephone exchange in any city or town in this State, shall file with this Commission a schedule of rates, charges, etc., for services in said city or town, to be approved by this Commission, and said rates shall not go into effect until they are approved by this Commission.

No. 73. CHANGING RATES.

Any telephone company operating a telephone exchange in any city or town in this State, which desires to change the rates charged for telephone services in such city or town, from the rates charged by such company on the 25th day of February, A. D. 1904, where the rates are not limited by the franchise under which said company is operating in such city or town, shall be allowed to do so by agreement with the subscribers connected with such exchange; failing to secure such agreement from the subscribers connected with such exchange, no change shall be made in such rates without the consent of this Commission. One or more of. such subscribers may petition for a hearing, said petition to be made as prescribed in Rule 66.

Demurrage Rules

RULE 1.

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 regulations.

RULE 2.

Railroad companies shall give prompt notice by mail or otherwise 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 quantities arrive, said notice must contain, in addition thereto, letters, or initials of the car, number of the car. Demurtice of the arrival of freight, free time begins at 12 o'clock M..

rage charges, may be assessed if goods are not removed in conformity with the following 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 3.

Legal notice referred to in these rules may be either actual or constructive. Where the consignee is personally served with noon 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.

RULE 4.

1. 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 unloaded within forty-eight (48) hours in the case of personal notice, and seventy-two (72) hours in the case of mailed or constructive notice, except when loaded with grain, flour, meal, bran, mill feed, cotton seed, cottonseed meal, cottonseed hulls, fertilizers, fertilizer material, hay, coal, pyrites, bulk apples, bulk potatoes, bulk cabbage, dressed lumber (in box cars), brick and crushed stone, twenty-four (24) additional hours will be allowed for unloading. 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 commences, they are to be placed accessible to the consignee for unloading 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' additional time.

Any fraction of a day shall be considered a day.

RULE 5.

When consignors ship goods consigned to themselves, 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 legal notice in such cases, whether the consignee actually receive the same or

not.

RULE 6.

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 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 7.

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 8.

Railroad companies are authorized to hold such property in public warehouses at the expense of owner, if same is not removed before demurrage charges attach.

RULE 9.

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 (48) hours (not including Sundays or legal holidays) computed from 12 o'clock 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 10.

1. Cars containing freight are to be delivered upon carload delivery tracks or private sidings designated by consignee upon arrival.

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 consignees, 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 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 11.

Railroads shall not discriminate between persons or places in storage or demurrage charges. If a railroad company collects storage 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.

« ПретходнаНастави »