The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-19
ATTHE NATIONS CAPITAL.
COTTON BILLS OF LADING BE
FORE CONGRESS-.
The Kansas City Railroad Seeking
Right Of Way Through the
Indian Territory.
lcoKREsPoyDEScE OV TEE APPEAL. /

the commerce OF the entire country
The decisions OF the courts have here
tOfore been mainly adverse to the
holders of bills of lading and in favor
of the railroad companies and other
common carriers, where no property
was delivered at the point of ship
ment, though receipts for the same
were duly given by the accredited
agent of the railroad or other carrier
At that point
The cotton men prepared a meas
are ito make bills Of lading conclu-
siye in certain cases, and this proved
the basis of an investigation of the
subject by the House Judiciary Com
mittee at the present session. The
majority of the committee, however,
evinced an opposition to such meas
ure, and acoordipaly reported against
it, the principal Objection being that
a law making bills Of lading conclu-
Eye evidence would put it in the
power Of any aishonest agents to ruin
the railroads.&c. nd
A minority Of the committee
though, and with this we are to deal,
are of eortytEy opinion, and accord
ngly supPottg a measure in conso-
nance with the views of the cotton
eonventa; This minority say:
AN act Of Congress defining the
rights of railroads and other corpora
tons, or persons, engaged as common
carriers and as holders of bills of lad
ing in good faith, is necessary for the
protection Of merchants and bankers,
and, in fact of all who are interested
in maintaining the reliability and vast
usefulness. OF these instruments of
commerce"
The measure proposed by the mi
nority OF the committee, led by Col.
Oates of Alabama, is as follows;
"That whenever any common carrier by
land OF water signs and delivers any bill Of
lading or instrument in the nature thereof
rurpnrting TO be for goods, wares, or mer-
chandse received by such carrier for trans
pOrtation from one State TO another within
the United States, or to any foreign country,
secn blll Of ladlng or instrument IN the nat
are thereof, IN the hands OF any bona fde
holder for valuable consideration whs &C.
sqtred the same in the usual course of trade
without any notice OF any defect therein,
shall be conclusive evidence that the goo ts
described therein were actually received by
such carrier in the manner and for the pur-
pose as therein stated, but such carrier shall
not be preoluded from showing that such
bill OF lading or instrument in the nature
thereof was signed and delivered by n per-
SON who was not the agent Of such carrier TO
receive goods for transportation aad give
bills Of lading therefor"
OF late years it has been a common
practice in the South and West to OBJ
tain bills of lading from railroads or
other common carriers for cotton.
wheat or other articles of commerce.
and then attach the bill to draft on
the consignee or banker or factor in
New York or Boston, and draw the
money thereon. In the event that
the cotton or other commodity for
WHICH the carrier, through its agent.
gave the bill of lading fails to deliver.
and is sued upon that bill, it has been
held by the Supreme Court of the
United States that, if the goods named
in the bill were not in fact delivered
to the carrier, the carrier company is
not responsible.
The purpose OF the bill of the mi
nority and that submitted by the Cot
ton Exchange, Col. Oates saws. is a
good one, and should meet the favor
able consideration of Congress. In
answer to the objection as to dishon-
est agents, noted above, it is replied
that this risk is run by banks and all
other corporations, as none of them
can act except through an agent
'The equitable principle that, where
one OF two persons must bear a loss,
he who is least in fault must be ex-
onerated, should be applied to this
class of cases. The courts having held
otherwise, this car be done only by
legislation.
As is well known, the Kansas CITY.
Fort Scott and Cult railroad have
their line from Kansas City to Mem
phis now concluded and in full opera
ton, also from Kansas City to Baxter
Springs, Kas. They are now before
Congress asking the right of way
through Cherokee Indian Territory to
the northwest corner of Arkansas.
and again from the town of Evans
vile to Fort Smith, Ark, which will
enable an extension of the line
through fine agricultural region in
Benton and Washington counties.
Arkansas, thickly settled with indus |
trlous and enterprising people Mr..
Peel OF Arkansas, who represents the |
district directly interested, has charge
Of the measure, and will, if possible, |
secure its favorable consideration at |
the present session.
The Senate Committee on Post
offices have recommended the passage
Of bill releasing Miss Rosa Wallace
from all liability for 1881 which was
lost by robbery Of the mails near
Hope, Ark, in 1884.
Mr.. Neal has presented to the
Claims Committee the application of
Mrs. Eliza E. Weir Of McMinn coun-
ty, daughter OF Leaman L. Ball, de-
ceased, for reimbursement for beef
appropriated by the army.
The committee have favorably con-
5idered the bill proposed by Mr.. Cald-
well, to pay to William A. and AIDE
.iCia Cheatham, for the benefit of the
after and her. four children. S32,O74.
which was the amount illegally as
3essed in the Fifth district of Tennes-
zee in 1928 on crops of cotton raised
n Louisiana in 1892. The tax was
pald under protest. Mr.. Taylor has
presented measures to the committee
or number Of Tennesseans, as fol-
ows: .rs,-aa..
To pay the legal representatives of
Il. Trevathon S577 as compensation
or stock and supplies takeniby army.
B. B; Bunch, 5000 for supplies and
wood. Legal representatives of Lytle
Newton, A,004.60 for quar- ermasters'
'tores. j. F. Huddleston, 1926 for
'otton seized, and sugar and other
FOODS.
The Committee on Claims of the
senate recommended that George w.
'aulpow be paid $1,000 as compensa-
ion for his boat, called Alfred Robb.
eized in the Tennessee river bv the
United States in 1862.
The Senate Committee on Pensions
AVE agreed to support the bill passed
~ the House to increase from IS to
40 month the pension of Robert d.
Fort, member Of Capt, Richard Ben
on's company of Tennessee militia
n 1914
A statement prepared by the Treas