The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-01-06
heir customers, contrary 10 the intent

ticiE Cuhtoiieio, Sohttuiy W tnu ihtchS
and spirit OF tho law.
& Under the head OF i
TX ".coNxEcTISG LINES"
the most important subject treated is
that of%"through routes and rates.
Where connecting carriers iail or re-
fuse 10 entcrinto arrangements for the
purpose OF giving these facilities, very
serious difficulties arise In the admins
tration OF the act. "a proper consider
alton OF the public interests ard the
needs OF commerce frequently require
that through roads should DO opened
and through rates given over connect
ing lines"
Tho question OF legislative power 10
compel connecting carriers 10 grant
these facilities il then discussed at
some length; and while difficulties are
acknowledged and explained they, are.
shown not to be insuperable, the con!
cluson being that tho subject is n
proper ono for legislative action. "a /,
Tho power OF Congress over carriers
whose lines arc confined within state
limits, but who, nevertheless, partici.
pate in interstate commerce, arc cx.
nmincd and the conclusion Ii arrived
ut that Congress tiilaysIundoubtedly
exercise its regulatiSe powers upon
such carriers 1t is shoWirshow under
the existing law tho commission cannot
compel connecting carriers to inter
change business, except rs n mere in.
cidont, where tho main question in
volvcd Is one Of unjust discrimination;
and several illustrations aregiven.
Tie legislation OF England and OF
several Of, the American states on this
subject is prescribed, and the made
guacy OF state legislation 10 meet the
evil is clearly shown.
z In connectionIwitll the question Of
RISK As AffEcrlSG RATES
The liability Of the carrier is discussed,
LIST. as itcxists in the absence OF special
contracts; Cd, us limited by sucl, con.
tracts These, contracts arc usually
contained inI the receipts or bills OF
lading issued by carriers!tsN
Tho ncgotiability of1bills OF lading or
the conclusivencss,, as against the ear
ricr, OF statements and recituls in these
Instruments receives attention, and tits
shown that this question has been dill
icrently decided by,di1lerent courts un-
der tho same state2of facts. Bills OF
lading issued by railroad shipping
agents falsely or enormously acknowl.
edging the receipt oil property for car
rage III New York and other states
have been held conclusive against tho
carrier in iavorbofb bona iide transicrces
for value, while lin the federal courts
and In those oil some OF tile states the
contrary, doctrine prevails. Attention
is.directed to the dissimilarity OF the
terms OF the various bills OF lading III
common use, and the conflict OF Judi
ialopinion as respects the rights and
duties OF shippers and carriers under
the same instrument is fully presented.
These dissimilar provisions and con-
<tiicting interpretations OF bills OF lading
affect traffic Of III interstate character
as well as merely state traffic, and
greater uniformity is desirable in the
interest Of commerce. The proposed
Uniform bill Of lading and the objec-
tons oflthe shipping interests thereto
are discussed, and some OF its features,
especially the provision that property
taken at carriers risk shall be rated one
class higher than il taken ut owners
risk. are disapproved The objection is
not to making an increased charge for
a greater risk, but to the principle OF,
determiningwha the increase should
be.
The appendices contain, among other
papers, articles upon methods OF car
riers in the matter OF the construction,
publication, and filing OF rate schedules,
heating OF passenger cars, and safety
appliances; also digest OF the decisions
OF the Commission since its organiza-
ton. Also a statement OF the expendi-
lures for the year.