any injury from the alleged violation in this case, his remedy was before the courts which had jurisdiction to redress it. C. H. SPENCER vs. SOUTH FLORIDA R. R. Co. The following was received: Refusing to protect Bill of Lading. "SEFFNER, FLA, June 25, 1890 "GENTLEMEN-If I have a through bill lading on freight to this point, and railroad agent refuses to protect same, what redress can I resort to? I have paid more than through rates to get my goods and am kept out of overcharges until audited by South Florida Railroad Auditor. "C. H. SPENCER." To which the following reply reply was made : I am directed by the Board to say to you in reply that they do not know whether you are asking for a statement of what would be their decision under a given state of facts, or whether you are making complaint of an existing grievance. If the former, they will answer more definitely on receipt of your reply. If the latter, and you are now kept out of your goods upon a demand for a sum in excess of the rates specified in the B-L, and which you prepaid, they wish you to state the facts more clearly. Where are the goods from? Of what description of freight did the shipment consist? What rates were paid and over what route did they come? If you have the original B-L send it, and send also a copy of the billing, or rather of the freight bill presented to you. Upon receipt of these the Commission will look into the matter carefully and take such action as shall seem proper and make you a prompt reply. If it is a fact that you have heretofore paid overcharges and been subjected to annoyances, and only want informa tion in a general way, the Commission will write you on re. ceipt of your reply; but they apprehend you may have a case for consideration now, but your postal is not clear enough and does not give the facts in such detail as to enable them to consider the matter. By order of the Board, JOHN G. WARD, Nothing has since been heard from Mr. Spencer. в M. C. MOHR, VS. SOUTH FLORIDA R. R. Co, and Neglect to ship Household Mr. Mohr by letter dated St. Petersburg, Fla., August 11, 1890, complained as follows: "ST. PETERSBURG, FLA., August 11, 1890. "Bureau of Railroad Commissioners, Tallahassee, Fla.: "I shipped 2,140 pounds of household goods from Orchid, Brevard county, Florida, to Tampa, Florida, and was charged for same $54.17. At their starting steamboat landing their agent had no blanks to release and sent them without saying anything in regard to releasing, and as they were well boxed when they arrived at Titusville they did not hold them to be released but sent them. "Their agent at Tampa told me that if they had been released they would have cost only about 25 per cent, of the above. "Have you any power to help me in the matter? I have all the bills. "This I think is one of the greatest drawbacks that fair Florida has. If it could be removed, things would make great changes. It just seems to me that there is a continual fight with the transportation cos. "Please try and help me out, as I think it is a clear steal." After a few days' delay in procuring the freight receipts, the matter was referred to the South Florida Railroad Company, and that company by letter dated September 4, 1890, refused to do anything, saying among other things that, "as a matter of fact Mr. Mohr made complaint to us in this matter, but our connections very properly declined, as we did, on the ground that as these goods were shipped unreleased, there was not only no overcharge, but had any damage occurred in any way whatever we would have been held for the full extent of it." The matter was also referred to the Jacksonville, Tampa & Key West Railway, and the following reply was received : Mr. John G. Ward, Secretary Railroad Commission, Tallahassee, Fla.: OVERCHARGE ON HOUSEHOLD GOODS, M. C. MOHR, TAMPA, FLA. "DEAR SIR-Replying to your communication of the 16 inst. and returning enclosures herewith beg to advise that this matter has already received our attention and has been investigated under our claim No. B 6498, papers in which originated with Mr. McCoy, General Freight Agent of the South Florida Railroad, and were referred to us for investigation and advice as to what amount our lines would be willing to refund. You will note from copy of our endorsement to Mr. McCoy, under date of August 14, that we have agreed to reduce the freight on this shipment to first-class and have authorized a refund of $7.92 for our account. Mr. McCoy has doubtless ere this caused a refund to be made to consignee at destination which will, I presume, be satisfactory. "Yours truly, "JAMES COLHOUN. The action of the Jacksonville, Tampa & Key West Railway Company having been referred by the Board to the South Florida Railroad Company, that company answered as as follows: "SANFORD, FI A., Otoler 6, 1830. "John G. Ward, Esq., Secretary Railroad Commission, Tallahassee, Fla.. "DEAR SIR-Referring to yours of the 3d, in regard to claim of Mr. M. C. Mohr for overcharge : "I beg to say that a refund has been made for account of the Jacksonville, Tampa and Key West Railway, as named, and that the South Florida Railroad made settlement on same basis. This claim was settled sometime since, "Yours truly, "W. McCOY, G. F. & T. A." Replying to a letter of inquiry by the board, Mr. Mohr wrote: "ST. PETERSBURG, FLA., October 15, 1890. "John G. Ward, Esq., Talahassee, Fla.: "DEAR SIR-Replying to yours of 9th inst., would say they refunded $20.49, leaving them as freight paid on 2,140 pounds of household goods from Orchid, Brevard County, Fla., to Tampa, $33.68, or about $1.57 per hundred for about 150 miles. Have had goods shipped 700 miles for 49 cents, and I think if they would put this down to 50 cents per hundred for that distance it would be about right, but simply because I did not first write and get rates they put rates to me; now I accepted that $20.49, as it is a good rule to take all you can get at the first opportunity from a railroad company. "When contemplating emigrants write me asking in regard to freight rates in this State, I am ashamed to quote them the above rates, and nine times out of ten they will, or do say I will stay where I am rather than be imposed on in that way, without having any recourse. "If your honorable body could put a veto on these high freight rates the transportation companies would have more to do and make more money. "As I remarked to the Superintendent of the Indian River Steamboat Company when he said their freight did not pay their wood bill, I said: If you advance your freight 50 per cent. higher it will not pay your match bill. "Look at the telegraph companies; every reduction they have made gave them large dividends. Hoping you may do more for me, etc. Stringfellow Bros. filed their complaint dated April 23, 1890, and on April 25, 1890, the Commission rendered the following decision and forwarded same to the company, to-wit: From the original receipt of the agent of the Jacksonville, Tampa and Key West system, now on file in this office, it appears that the said agent demanded, received and collected from complainants, Stringfellow Bros., the sum of three dollars and eighty-eight cents ($3.88) for the transportation of 1,940 pounds of hay from Gainesville to Micanopy, two stations on the line of the Jacksonville, Tampa and Key West system, and which was an overcharge of one dollar and ninety-four cents ($1.94). This is a violation of the schedule of rates for the transportation of freights revised, adopted and allowed by the Cmmissioners for the said Jacksonville, Tampa & Key West system, and you are hereby directed to refund to complainants, Stringfellow Bros., said overcharge of one dollar and ninety-four cents ($1.94). The law allows ten days from the receipt of this notice in which to refund said overcharge. By order of the Board. JOHN G. WARD, Secretary. On April 29, the following reply was made.: "JACKSONVILLE, FLA, April 28, 1890. "John G. Ward, Esq., Secretary Railroad Commission, Tallahasssee, Fla.: OVERCHARGE ON HAY GAINESVILLE TO MICANOPY. "DEAR SIR-We have your notice of the 25th inst., in respect to claim for overcharge on consignment of hay from Gainesville to Micanopy, account of Stringfellow Bros. Our rate on this article, between Gainesville and Micanopy, is 20 per cent. higher than our published "D" class rate, or in other words 10.8 cents, which figure becomes, under the rule of the Commission, 11 cents per hundred pounds, and if the weight of the consignment was as represented in your notice, the charge should have been $2.13. If, upon investigation, we find that Messrs. Stringfellow Bros. have paid $3.88 on the consignment. of 1,940 pounds of hay baled, we shall, of course, promptly refund them the overcharge of $1.75. "I have no information of this matter other than furnished in your notice, and have to-day wired you for the date of shipment, which should be shown on the face of the original receipt which you say is on file in your office. "Yours truly, "JAMES COLHOUN, G. F. A." Subsequently, upon inquiry by the Commission, Messrs. Stringfellow Bros. wrote: "We are pleased to say that the overcharge complained of on the Florida Southern Railroad has been refunded." UMATILLA BRANCH EXCHANGE, M. H. MCGUIRE, MANAGER, VS. JACKSONVILLE, TAMPA AND KEY WEST RAILWAY COMPANY. (Operating LAKE EUSTIS DIV. FLOR IDA SOUTHERN.) Damage and Loss of Freight. Mr. McGuire, by letter dated July 12th, 1890, complained that: October 1, 1889, 50 cigars were lost in transit between Gainesville and Umatilla, value, $1.50. In December 1889, one barrel apples shipped from West Virginia, was lost, value $5.00, and that on this shipment he was compelled to pay the freight, $2.50, though the apples were never delivered. In June 1890, quarter barrel of flour opened in transit from Ohio, value $1.57-freight paid 25 cents. |