The time of transit commences at midnight following the date of the
stamp on the consignment note; and the Companies are relieved from
responsibility if within the stipulated time, delivery is made to
the consignee’s “domicile,” or if an advice note of the arrival of
the goods is posted or otherwise sent to the consignee. The time
allowed for delivery does not include the time occupied for Customs’
formalities or other delay over which the Railway Companies have no
control.
THE PRUSSIAN AND GERMAN LAW AS TO RATES.
By Article 33 of the Prussian Law relating to railway undertakings,
dated 3rd November, 1838, the Commissioners were empowered, in
certain events, to fix the maximum tariff. If after deducting
working expenses and a fixed amount for the reserve fund, as
sanctioned by the Ministers, the net profits yielded more than 10
per cent. on the capital expended, the railway rates were to be
reduced so that the net receipts should not exceed 10 per cent. If,
on the other hand, the receipts did not reach the maximum of 10
per cent. (Article 39), railway rates might be increased by 10 per
cent. until the receipts yielded 10 per cent. on the total capital.
Subject to these conditions, the fixing of the tariff rates was left
to the railway companies.
Article 45 of the Constitution of the German Empire (dated 16th
April, 1871) provides that the Government should secure, as much as
possible, the adoption of uniform and reduced tariffs, especially
for long distances for the carriage of coal, coke, wood, ore,
stones, salt, rough iron, manure, and similar goods, and that such
low rates should be adopted as might be required to further the
interests of the trade of the country. Article 46 enacts that the
railway companies in case of need, as for instance, the outbreak
of a famine, should carry provisions, such as grain, flour, and
potatoes, &c., at such a reduced rate as circumstances might
require, and as directed by the Bundesrath Auschuss. Such special
rates are not, however, to be below the lowest rates charged by the
respective railways for “raw materials.”
By the terms of the early Concessions granted to railway companies
the greater part of the private railway companies in Prussia had
no power to fix or alter the tariff rates; reductions have to
be sanctioned by the Minister. For instance,--Clause 10 of the
regulations of the Crefeld-Threis-Kempener Industrie Railway Company
(concession granted 6th October, 1868) provides that--
“The State reserve a right to control the tariff rates for
goods, as well as passengers, and the alteration of the same.”
In the same way Article 5 of the concession for the Dortmund Granan
Euscheder Railway Company of the 8th January, 1872, stipulates--
“That the Ministers of the Royal State reserve their right to
control the fares and rates for goods and passenger traffic, as
well as any subsequent modifications in respect of the same.”
Public-domain text, read in full here on John Shaqi.
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