Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1905-08-07
FLA7CAREQU|PMEN7
LEGAL STATUS In LUMBER CARRY.
ing TO Be DEFINED.
The National Whole sale Lumber Deal
erS Association Have Taken the
Subject Into the Courts. New law
of this State not so Clear as to
Interstate Business.

One OF the principal points Of contro.
ve'sy between the shippers OF lumber
and the railway companies is and has
been over the equipment necessary to
hold the loads in place on fiat and gon-
dola cars. Since the use OF open cars for
the transportation of lumber has become
more general the lumber shippers have
made many and various efforts to induce
the roads to make allowance in their
freight charges for the weight of stakes,
chains and other equipment which have
been furnished by the shippers. Some
effort has been made also to induce the
roads to furnish this equipment, but the
greater contention has been that the
shipper of lumber should not be expect
ed to pay freight on anything but the net
weight of the lumber. Various results
have been obtained number of the
railroads have voluntarily made an allow
ance varying from five hundred to a
thousand pounds for::ssuch equipment.
Some states have passed laws requiring
the roads to give credit on the freight
bills for the weight Of this equipment.
Last winter, for instance, the Washing
ton legislature passed such law, and
the lumbermen are now trying to end
out whether or not the railways are to
give them credit on this equipment for
more than the distance the loads are
hauled within the boarders OF the state.
But in no instance has the matter been
brought into the courts for legal decision
on the rights in the case.
The National Wholesale Lumber Deal.
ers' Association, however, has found a
"nigger in the woodpile," and hope to
convince the courts that they are right
in their contention. In looking the mat.
ter upsthey have found that not only are
they obliged to furnish and pay freight
on such equipment. but that shippers Of
other commodities are not asked to do
either. In the suit they have instituted
against certain roads, they make the
complaint that on the first of February
an order wac posted by those roads to
the effect than can allowance Of 500
pounds is not authorized by Rule 10 (A)
to cover stakes used on fiat or gondola
cars loaded with lumber" although that
allowance is still made on cars loaded
with other commodities. They estimate
that the cost of equipping cars as they
are obliged to do is about Sc per car, and
that in addition, they are obliged to pay
the full freight on such equipment, and
have discovered that both the expense of
making such equipment for the trans
portation OF other commodities, and the
allowance of 500 pounds from the net
weight, is at the expense of the railways.
They naturally claim that this is not
only discrimination, but double discrim.
ination, and have appealed to the courts.
The result Of the trial will be watched
for with interest, though the decision
may not be entirely satisfactory. The
reason is that If the decision is made
strictly on the count in the complaint
the roads may still charge the lumber
shippers with the full freight, by making
the same ruling with regard to the ship
pers of other commodities. In such
case, however the roads would, OF neces.
sity. be obliged to compel the other ship.
pers to furnish the equipment. since it
would man'festly be impossible to COM
pei them to pay freight on equipment
furnished by themselves. mississippi
Valley Lumberman.