Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-15
LIABILITY FOR LOSSES
HEARING GIVEN TO A NUMBER
OF coAsTwIsE LINES.

Waving Of the thirty-day notice clause on
export cotton rates. which has occupied the
interstate commerce commission for sew
eral days, was concluded yesterday, and in
the same connection a number Of the rail-
road and steamship lines who participate in
making joint rail and water rates were
given a hearing, in which they protested
against the assumption Of their liability for
damages as indicated in the new rate law.
The steamship officials do not assent to the
authority of the commission, so far as the
recently enacted railroad rate law seems to
apply to them, but they desired to discuss
the situation with the commissioners with
a view to reaching common ground of I'M
derstanding-a sort of working agreement.
Behind Closed Doors
The conference was held behind closed
doors. Those present in addition to the
seven members Of the commission were A.
B. Brown, general counsel. Norfolk and
Washington Steamship Company. Wash
ington D. c.; E. H. HUFF, Washington rep
resentative Of sundry coastwise lines; Theo-
dore G. Eyer. vice president and general
manager. Clyde Line Steamship Company
Daniel H. Hayne, counsel, Merchants and
Miners Transportation Company; Clyde
Milne, general freight agent, Clyde Steam
ship Company; H. H. Raymond, New York
and Texas Steamship Company (Manory
!ines); John Callahan. second vice presl-
dent, Norfolk and Washington Steamboat
Company; J. c. Whitney second wee presi-
dent and traffic manager, Merchants and
Miners Transportation Company, and AL
fred Winsor, president. Boston and Phila-
delphia Steamship Company.
AT the close of the conference the follow
Ing statement concerning 1t was issued by
the interstate commerce commissions:
The representatives of number Of
coastW1se lines were in conference with
the members of the interstate commerce
commission today for the purpose of ex-
plafng to the commission their reasons for
desiring to accompany their concurrences
railroads with disclaimer of asserting to
the jurisdiction Of the commission or the
application of the interstate commerce law
to them, while at the same time giving as
surance of their desire to cooperate with
the commission and the railroads in a bona
fde application and observance of estab-
llshed rates, and to promote the general
purposes Of the statute by harmonious CO.
operation with the commission In so far as
they can do so consistently with the pres
ervatfon Of such rights as they may have
under various Statutes. For illustration, it
Is their position that they are protected by
the so-called Carter act and other statutes,
Independent of the act to regulate COM
merce, IN respect to liability for losses on
the sea, by fire and otherwise. A pro-
vision in the twentieth section Of the act
to regulate commerce requires that the in
1tial carrier giving the receipt or bill Of
ladingr shall be responsible to the shipper
or owner of such bill Of 1ading for losses
by any carrier participating in the through
transportation. The matter of ultimate
liability would be one Of adjustment as be-
tween the carriers themselves making up
the through line.
To Save Their Rights.
''These coastwise lines deem it essential
that they do not admit their control by
the provisions of the act to regulate COM
merce by unqualified and unconditional
concurrence in joint rates, lest in doing so
they might be estopped from asserting
their legal independence Of the provisions
of the act when it becomes necessary in
case Of any losses to reserve to themselves
their rights and immunities from liability
on account of loss under these various
other statutes. They assert that they want
to put themselves in a position in this way
to save for themselves such rights as they
have under the law, and not to do any act
which might be construed as voluntary
waiver of the same; but that 1t is also
their desire to cooperate for observance
of established rates in all possible ways
and to avoid raising such questions, as
they think it wise In this manner to pre-
serve a protection against great losses
which might occur at sea and for which
under all of the existing statutes they
claim they would not be liable unless they
had voluntarily waived their rights.