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upr000331-074
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I agree.May 5, 1913 ?Wharfage and Handling charges, Mr, H. I . B ettis, Audi to r; Dear S ir: Replying to your verbal request fo r ruling as to our duty to collect wharfage on express matter moving over our wharves at East San Pedro, I have to say: The resolution of the Board of Harbor commissloners fixin g dockage, wharf and handling charges at East San Pedro for the year commencing July 1st, 1912, and ending June 30, 1913, providd#f in Section 5: •'Sec, 5. I t sh all be unlawful fo r any person or persons, whether as prin cipal, clerk, servant, agent, or employee, to charge any greater or leas rate for wharfage or dockage than that fixed by this resolution, and every person who shall .make such charge in excess of or less than the rate fixed , shall 'h e deemed guilty of a misdemeanor, and is punishable as provided in Section 4 hereof," Under this provision i t is my opinion that we have no right to waive wharfage on any merchandise passing over our wharves, and that we should collect such wharfage on a l l express matter passing over our wharves. I further understand that under the new ordinance to become effective July 1st, 1913, it is proposed to make a simila r provision as to collecting handling charges prescribed by the ordinance. Very truly yours,