Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-08

Il
that which is misnamed reciprocal de-
rnurrage' is based to a very large extent
upon misunderstanding of present
conditions and the results which would
follow such legislation.
Reciprocal demufrage would require
the railroads to provide equipment to
meet Extraordinary demands made by
shippers taking advantage of markets !;
lin other words. railroads would be SUBJ
ject to the rise and fall of markets in
keeping on hand at all times a supply
4 of cars which, when markets fall, would
be idle, and when markets rise it would
fbe necessary to rush them to loading
points empty, thus mourning additional
expense in transportation contrary to all
reasonable requirements. \; #
The flow Of traffic, instead Of being
constant over given periods, would be
abnormal and spasmodic, and would
cause concessions, which all the fore
] sight and ability to control could not
possibly fulfill During seasons of light
and normal traffic equipment would lie
/ idle, increasing the cost of railway OPP
Grafton enormously, which, in order to
be met must result in increased rates
to compensate for the large increase in
cost Of operation The increased cost of
ansportation must inevitably be borne
| by the consumer. If the years business
were equally distributed it would be well
handled with the present equipment, but
! the demand for cars varies greatly with
/ the season and general business condi-
! tons.
/ The object Of the demurrage law now
in effect on railroads is "a legitimate
charge; FIRST, for the use of property
which belongs to the carrier, and TO
which it is entitled for the use by ali
law Of right and reason and sound busi-
ness policy; second, charge for delay
IN a duty on the part of the shipper, in
justice to- other shippers who by such
lack Of duty are injured, should pay for
value received, namely !: the use Of yalu-
able property.
Third, the value he pays in such de-
murTage!is not nearly sufficient to com
pensate the carrier, who would prefer to
/ have the equipment released in the full
time allotted, in order to earn many
times the revenues which, through
standing idle, a mere pittance of one
4 dollar per day yields.
The demurrage rule on the part Of
/ the carrier is legitimate, business-like
and reasonable, because it is based upon
i a return for bona fide properly, and has
been upheld by state and federal courts
as a reasonable rule.
On the other hand, reciprocal de-
nl,lrrage whereby a shipper should be
compensated for a failure on the part
of the carrier to supply something which
a carrier cannot supply for the good and
4 sufficient reason that it is not at hand
to supply is alike unreasonable, illogical
and not consistent with any law or pree-
edent. 1t would be as reasonable to
penalize a public warehouse, elevator OF
i other. facility which was already taxed to
1 its capacity, for not providing acconn,o-
dations to any and all who may make
application.
4 The courts have decided that railway
companies are entitled to fair return
upon capital invested Are the shippers
OF your state prepared to pay their pro-
portion Of this great unnecessary bur
den Present status require cars avail
| able to be distributed equitably among
the shippers calling for them The
/ spirit Of the law is well observed, though
the letter may be violated in emergency
Il cases, such as cold weather and coal
\ shortage cold weather and livestock or
]. other perishable freight unprotected:
Elevators full and grain piled on the
4 ground, etc
The detention Of cars for loading and
unloading exceeds the time consumed
4 in transit. Under present rules large
4 percentage of carload freight is loaded
i and unloaded within twenty-four hours
without unreasonable effort on the part
i Of shipper or consignee, except at large
4 terminals. # forty eight hours Of long
err becomes the statutory minimum, ii
4 will result in tying up for an additional
i twenty-four hours a large number Oh
cars now available in times Of shortage,
il - the great detfinent Of shippers as i
H whole WI &
a The limitation Of every railroad sys-
i tenn in times Of heavy traffic is the ter
A minal situation, and the proper termins'
4 situation depends upon the exertions 81
every shipper and consignce to unloa
4 cars with the least possible delay.
\ Some consignes have ample facilitie
for the prompt handling Of their maxi
mum business, but the reverse is the