The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-30
THEY HAVE THE RIGHT.
Freight Inspectors May Do as They
Please With Consignments.

P1eaSe WITH COnS1&nmentS.
According to a ruling in the Otto
Kuehne case given Thursday by the
board of railroad commissioners. the
freight inspectors of the railroads have
the right to enter loaded freight cars,
break open boxes or barrels, and eX-
anime the contents, for the purpose of
ascertaining whether or not goods are
properly billed.
The question was brought up to the
board by the Topeka Commercial club,
to whom Mr.. Kuehne made his COM
plant. The letter of Mr.. Kuehne to
the Commercial club. which was re-
ferred to the board of railroad COM
miSsioners, was as follows:
Major T. j. Anderson, Secretary Com
mercial Club, Topeka, Kan.
Dear Strive wish you would kind
thority the railroad company's freight
inspector has to enter loaded cars,
break open and inspect contents of
cases, boxes and barrels, to determine
what rate of freight should be ap-
piled.
We do not understand that it makes
any difference to the railroad COM
pany what a package contains SO long
as shipper is willing to assume all
risk up to the extent of his billing.
For instance if we ship a case of pep
per sauce and bill it out as pickles on
the bill of lading. in the event of loss
cannot recover damages at the price
of pepper sauce, but only at the price
of pickles. Again, if we ship case
of diamonds and bill it a case of cut
glass, and were the case lost in transit,
we could only collect for the value of
the cut glass and not the value of the
diamonds.
We do not believe the inspector has
any right to break open packages as
they are doing. In some cases they
fail to put all the contents back. and
in many cases they fail to repack the
package in such a way as to prevent
breakage, so that shipments arrive at
destination in either a short or dam
aged condition. We believe this should
be stopped, and we wish for you to see
the railroad commissioners and ascer-
tain what can be done in this d1rec-
ton If they have no power to allevi-
ate the evil, probably we can secure
some Legislation this coming winter
that will relieve shippers of this bur-
den. Sincerely yours,
THE OTTO KUEHNE PRESERVING
By Otto Kuehne, President.
The railroad board replied:
A party selling to another at
price beyond it's value by reason of
false representations is liable to the
purchaser for the fraud practiced,
and this is no less an offense than the
securing of reduced freight rates by
intentional undertaking.
The ethics taught in the letter of
Mr. Kuehne is not clear to this board
neither is it apparent why the ac-
quirement of reduced freight rates by
trick or subterfuge is any more honest
or permissible than any other form of
cheating, and it is inconcefvable why
the requirement of this advantage is
less dishonest or is any more COM
mendable than the requirement of
property through fraud.
While the people of this state are
justly demanding of all common car
charges, and the cessation of all prac-
tees of preferenti1i rates, rebates
drawbacks and all other devices and
forms of favoritism, all shippers
should be expected and required to be
guided by the rules of common hon
esty toward carriers and competitors
in business that justly discriminate
ing public expect in all departments
of cur commercial life. Especially
should this course be pursued by any
prominent member of an organization
leading in reform along these lines.
In this day, when there is an APP
parent general rush and push for gain
there is also prevalent a spirit of fair
play, and the people are not ready to
substitute the teaching of David Harum,
DO unto the other fellow as he would
wholesome doctrine, do unto others
as We would that they should do unto
you.
Section 10 of "An act to amend an
act to regulate commerce. passed by
congress and approved March 2, 1889,
reads as follows:
ANY person and any officer or agent
of any corporation or company who
shall deliver property for transporta
ton to any common carrier, subject to
the provisions of this act, or for whom,
as consignOr or consignee any such car
rier shall transport property, who shall
knowingly and willfully, by false bill
ing, false classification, false weighing.
felse representation of the contents of
the package or false report If weight
or by any other device or means
whether with or without the consent or
connivance of the carrier, it's agent or
agents, obtain transportation for such
property at less than the regular rates
then established and in force on the
line of transportation, shall be deemed
guilty of fraud, which is hereby de-
clared to be a nisdemeanor and shall
upon conviction thereof in any court
of the United States of competent jur-
isdiction within the district in which such
offense was committed be subject fcl
each offense to a fine of not exceeding
$1,000 or Imprisonment in the peniten-
tiary for a term of not exceeding two
years, or both, in the discretion of the
court"
If any common carrier has reason to