New-York tribune., 1888-03-25
FRAUDS IN FREIGHT SHIPMENTS
EyADING THE INTERSTATE COMMERCE
LAW.
FREIGHT uNpERBuLED AND THE CHARACTER 81
GOODS MIsREPREsENTED.


FREIGHT uYpERBuLED AND THE CHARACTER o.
GOODS MIsREPREsESTED.
WASHINGTON, March "a tSpeciaD.-Pool Com
missioner Albert Fink has sent to Senator Cullom'
chairman of the Interstate Commerce Committee,
an interesting letter, in which he gives DIS views
regarding the practice Of misrcpresenting weights
or the character Of goods to be forwarded over
the railroads which are subject to the Interstate
Commerce law. The practice has been In opera
tion for long time: but since the enactment OF
the Interstate Commerce law 1t has greatly In
creased In large measure It has taken the place OF
the payment of rebates Mr.. Fink notes two distinct
features Of the practice First, when the motive
OF the shipper is simply to cheat the railroad
companies and prevent them from collecting for
their services the charges according to the open
tariffs ned with the Interstate Commerce Commls-
sion and second, when freight Is underbilled, or
the character of goods msrepresented, Dy an un-
derstanding, direct or implied, with the carrlers'
to secure the business Of certain shippers In COM
petition with other carriers, thus favoring one
shipper as against another. In either case, Mr.
Fink thinks, the effect upon the honest shipper
is the same It Is unjust discriminatdn for
hidden by law.
1T would appear at first sight very simple"
continues Mr.. Fink, for the railroads to controi
this matter IL they so desired; but there are so
many competing roads, and among them some
roads which do not want to control 1t. How
can the roads which are willing and anxious to
do it force those which arc not? There Is no law
to compel them The Interstate law forbids the
use OF any device by which ono shipper may Sc
cure more favorable terms than another for like
services but It does not command tho railroads
to inspect and correctly weigh every parcel OF
goods TO be forwarded by them, nor would u DE
practicable to execute such law II II were enacsea
without greatly obstructng the prompt movement
of the traffic OF the country"
To remedy these evils Mr.. Fink suggests that
Congress pass law making the int,n.onatt a.
punishable by dnc. Such law. he thinks.
would have a great moral effect with law-ablding
cifiz ms At present, to misrcprcsent the weight
or character Of shipments T. not considered ny a
great many people as In any way rcprehensiDe
or immoral but the legal condemnation OF this
practice would deter great many from continu-
Ing H. II would have the same effect upon Tho
railroad companies who now. for selfish purposes;
further have the effect OF strengthening the rail-
road companies in their voluntary enorts TO cor
rect these evils.
Referring To the operations Of the weighing
and inspection bureau established at the Western
termn of trunk lines Mr.. Fink savs that when
tho bureau was first established 70 wnS t'ou-he
that in tho course Of time. and with 2 knoWledge
made. the cases Of Misrepresentation would grad
ually decrease in number: but there seems to have
been constant increase annually This IS party
accounted 70, hv the far: that baTs fSs
hecn detected. continue the proctice. no doubt on
th~ theory that II they succeed IN having one
sbipmont ont Of ten passed without detection
something is gained
Mr. Fink, however, says that some OF these
shippers assert they are personally opposed TO
these methods but that they are instructed by the
purchasers Of the goods to make those misrepre-
scntations and II they failed to do 50 their Gus
toners threaten that they will transfer their bus-
ness to some who will comply with their re-
quest. Mr.. Fink believes that in nll such cases
law forbidding the practice would have the de-
sired effect IN conclusion Mr. Fink says: It
trarily establish their tariffs and classification
and that the Government should not be called
up0n to enforce the same. This objection might
have been reasonably urged before the enactment
of the Interstate Commerce law, but can not be
urged now These tariffs and classifications are
Commerce Commission and are on record in the
office Of the commission. II they ore not reason
able and inst, the law provides, legal remedy
lies within the reach of every shipper. II shippers
were allowed at their discretion to Violate these
official tariffs, how could the provisions OF the
be strictly adhered 30, be carried into effectP A
violation OF the law by shippers has precisely the
same effect as violation by the carriers and why
should not the shippers be forbidden to violate or
to attempt to violate the law as well as the
carriers? No better means could be adopted
than to mako the practice Of misreprescntlng the
weights ard character Of goods Illegal on the part
of shippers, as we'll as the part Of railroads,
The honest shippers and the honest railroad COM
panies must have this or some other klnd OF sup
port in order that the Interstate Commerce law
may be efectually carried out