Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-02-24

Throop, who has been promoted to the
general superintendency Of the Iowa
district Of the Burlington with head
quarters in Burlington, Iowa, was
practically confirmed by the head Of
ficials of the Burlington in Chicago to-
day. when, upon inquiry concerning
the matter, one of them said: IT sup
pose Mr. Ustick will be the man, al
cially stated"
Mr.. Ustick has held the position Of
superintendent Of the Hannibal & st.
Joe with headquarters at Brookfleld,
since the resignation Of P. H. Houla-
han, several years ago. Mr.. Ustic1
will assume his new duties In Aurora
on March 1, the date set for Mr..
Throop taking charge Of his new du-
ties in Burlington. Mr.. Throop as 1t
is already known, will succeed G.. t.
Ross as general superintendent Of the
Iowa district, who in turn is to act as
H. G. Nuts successor in the Missouri
district. Mr.. Mutt resigned to assume
the general superintendency of the
Michigan Central road.
Freight Agencies Embarrassed.
Railroad men are embarrassed by a
recent decision affirmed by the court
of appeals in regard to bills of lading
made out by freight agents whose
lines have no terminals in the towns
i in which the bills Of lading are made
out. The decision came up In suit
brought by the Watkins National bank
at Lawrence, Kas., against the Big
Four line to recover damages for two
car loads of flour which we're partially
destroyed while enroute through Kan
sas City to the Atlantic seaboard. The
shipper in most cases of the kind had
/ to stand the loss Of freight damaged
| In the flood Of the Kaw river, as the
! flood was deemed an "act Of God" and
/ something which could not prevent
ed. The bank, however. brought suit
on the ground that that an illegal bill
Of lading had been made out, accord
ing to a Missouri law passed In 1893,
which reads as follows:
1 mo agent Of any railroad shall sign
or give any bill Of lading for any mer-
chandise or property by which 1t shall
I, appear that such merchandise or prop
erty has been shipped on board OF any
railroad car unless the same shall
have been actually shipped and put on
board and shall be at the time actually
! on board or delivered to such car to
be carried and conveyed as expressed
4 in such bill Of lading."
4 Judge Park rendered decision IN
! favor of the bank and the decision
has been affirmed by Judge Ellison, OF
the appellate court. The bill Of lad
ing was made out by H. j. Burgee,
} freight agent of the Big Four line in
Kansas City. The bill Of lading was
, made out in a western Kansas town
from where the two cars were con
: signed. The shipment was made out
over the Big Four by way of the Mis-
souri, Pacific When the cars reached
Kansas City the bill of lading was
, made out again over the Big -Four by
way of the Missouri Pacific to st
| Louis. Before the cars left Kansas
] City they were damaged by the flood
/ They were sent on. however, as far as
{ Cincinnati, where the loads of floul
were sold for small sum.
The court of appeals held that the
bill of lading had been Illegally made
Z out and that for the bill of lading te
be legal 1t must be made out by the
! agent of the road on which line the
! car was located at the time the bill O
! lading was made out.
al Railroad men say the effect Of the
!, decision is that agents OF railroads
, are powerless to issue bills of ladinl
when the freight is loaded on carl
which are not owned by the compan!
they represent or not on the tracks o
the company they represent. Agents
of railroads who do not have a termin
al in Kansas City are unable to issu,
( a bill of lading which they can sell a
8 a bank. Some of the agents hav,
[. been getting around the law by wait
ing until the cars have left the stat
) and then issuing the bill Of lading
J. It is claimed that packing house
q are unable to issue legal bill Of lad
d ing for cars loaded on tho packin
: house sidetracks, because the track
q do not belong, the chances arc, to tn
!. railroad whose line the cars are goin
!. to be shipped over.
. H. ]. Burgee has flied motion Q
!, appeal and will take the case to tn
supreme court. It Is claimed the oour
: of appeals had a misconception Of tn
law when the decision was made
The law was intended to stop tn
lpractioe Of making bills of lading 70
cars of grain which did not exist.
5 Promotions Announced.
In accordance with announcement
: which have been previously made l
; this paper the following official pr,
lmotions have been decided on by tn