The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-27
How Senate Bill lO5 Affects Growers
and Shippers of Live Stock. &c.

and Shippers of Live Stock, &c.
We had something to say in a genera
way in our issue of the 22d instant about
the operation of Senate Fill l0j, relating tC
the liability of common carriers and for
bidding citizens making contracts that may
be OF great advantage to them. That OuI
readers may get better understanding OF
the matter we will consider it in some OF
its details.
In the first place, the restrictions i'm
posed by this bill really affect only the rail-
ways; they do not apply TO water lines,
and therefore do not cover freights shipped
by water lines to some point in IN adioin-
ing State. and thence by rail. In this view
we see how serious and unjust this dis
elimination would be.
II does lot seem to be generally under
stood that the "shippers' release" eX-
empts carriers from liability only for dam
ages which may occur from no fault OF the
carrier. No such release does or can re-
lieye common carriers from responsibility
for damages which occur through their
negligence Of that of their agents. The
"release," in fact, applies generally in
cases where the shipper prefers taking the
risk rather than the additional expense for
packing-say in the case Of furniture, light
machinery, and other like articles. In its
application to molasses and SyrupS, the
shipper assumes the risk for leakage,
which could be guarded against by
better casks and hOgsheadS than are
generally used by them, or indeed it
would pay them to Use. As TO
whiskey, the "release" enables the shipper
TO get low rates in consideration of the lin
itation Of value, while ii such limitation
were forbidden the carriers would be forced
10 protect themselves against leakage ard
other damage on high-priced liquors, for
the reason that they cannot know the value
of the contents of packages, except so far
a. the value is fixed by contract with the
shipper. In the matter OF manufactured
tobacco the risk to carriers Is so great that
no railroad company desires to trans
port that article, or will transport it
lowed TO protect themselves against claims
for damages, which frequently arise from
its being packed in soft order and deterio.
rating by reason Of such order. The same
rule applies to grain shipped in bulk. In
both cases the carrier has now, to protect
himself, only to prove that the articles have
been transported in tight cars and trans
ferred, II transferred at all, under cover
IL companies are not allowed to limit their
liability, the damages on tobacco, for which
the carrier Is in nowise responsible, gene
rally amount to more than the whole reve
nue. derived from the transportation Of The
y article. The same would be the case with
y grain, which, if loaded damp, is injured
by heating. Fertilizers furnish another
example in this direction.
The transportation OF live stock would
be most seriously affected by the proposed
law. without the "release' shipper,
could make the railway companies rcspon.
siblc for eX;ra-yaluable animals, the ordi.
nary rate ON which would not justify the
carriers in assuming such enormous risk.
In the carriage Of ordinary live stock the
shipper is allowed to send with il, free OF
charge, attendants to insure feeding, Wa
tering, and general care during transit.
III no release were permitted the carriers
could not afford to grant this privilege, nor
could they assume the risk of transporting
even common live stock at prevailing rates
OF freight.
The proposed restrictions being merely
local, or within the State, are not apric9-
bic TO Interstate commerce, and would
have the effect Of declaring the cattle
raiscrs in Southwest Virginia from getting
their cattle 10 market on as good terms Us
the shippers beyond the border I'm Ten
nessee, from which territory large ship
ments are made. Ii will also probably
break up large business now done in
cattle in Fauquier, Loudoun, and other
counties In the Piedmont region trayersed
by the Virginia Midland railway, where
large stock-farmers now fattcn cattle for
subsequent shipment TO Baltimore and
other markets. These cattle-fatteners
draw their stock-cattle largely from South
west Virginia. Inasmuch as the stock
raisers and stoek-droyers have to compete
iu Baltimore and other markets OH the Sea-
board with the great West the proposed