Omaha daily bee., 1908-07-15
M'vANN SAYS GO TO CONGRESS
Tells Grain DeaIer LegisIR zion May
he Necessary ON Bill Of
LadinR.

DIES MONIES, Ia. July 14.-(special)-
e. J. McVann, secretary Of the Omaha
Grain exchange, told the Iowa grain dealers
in an address here this morning that
unless railroads and shippers got together
and accepted the recommendations of the
Interstate Commerce commission for a
uniform bill of lading certain shippers ard
committees representing large interests.
would have TO 60 to congress and secure
legislation which would compel the adop-
ton OF the uniform bills.
The secretary of the Omaha Grain ex-
change addressed the Iowa Grain Dealers
association at its opening session on the
subject of the Uniform Bill OF Lading''
which is just now the most timely topic
before the shippers of the country.
1T may be hard to get the legislation we
will ask from congress- he said. but
when we have got It we will have some
thing or more than something, The whole
matter Of bills OF lading covering inter
state shipments is in the hands Of con-
gress, and II a simple and practical form
could once be prescribed by law, the states
would, undoubtedly, adopt the federal
form, and so the whole situation, which
Is now so complex and confusing, would
be cleared up for all time. 1 have. how
ever. the greatest confidence that the
forms, prescribed by the Interstat Com
merce commission, will prove to be salts
factory. The commission is an earnest,
Woodworking body of men, and, as at
present constituted, could hardly be i'm
proved upon.
but If the new bin of lading is found to
be open to criticism. it will be because Of
lack of owe on the part OF the commits
sion. and not lack of earnest consideration
and knowledge Of conditions.
when shippers and railroads we're hold
ing a conference on the subject OF the uni
form bill Of lading in Washington last
year, every time a railroad lawyer got on
his feet, the commission propounded the
question to him. do you believe that the
commission has the power to formulate
and enforce as against the railroads, the
adoption Of a uniform bill Of lading?" ami
without exception. every one OF the lawyers
that he did not believe the COM
mission had any such power"
Tariff League Progress.
Mr.. McVann was a member of the COM
mittee Of the National Industrial Tariff
league which was in conference in Wash
ington last October and he has been closely
80 NAAO " u Dlll Vi
lading which meets the requirements of
commerce. He said regarding the progress
made:
Out of all the discussion, speech making
and brief writing on this subject IN the
past four years irf which I had a part
have grown the following conclusions: a.
That a bill of lading is not a negotiable
instrument in the legal sense. C) That
the conditions usually found on bills Of
lading. placed there by the carriers in
their own interests. are void II they are
not in accord with the terms Of the law
in the state where the bill of lading is
made, or where they are repugnant to what
is known as common law, which is the
body of law hat is not expressed in
statutory form. 80 That a bill Of lading
is a contract Of carriage, nothing may be
included In It that is in contravention of
the law as, for instance, an illegal rate.
II have heard the suggestion made that
the grain interests should have a separate
bill of lading applicable to their business.
This suggestion probably grew out OF the
simple form that was formerly used by the
Chicago, Rock Island g. Pacific Railway
company, and may still be used by that
company for all I know. 1t is one Of the
best bills OF lading l ever saw, but II is
open to one or two serious objections. The
most important of these Is the lack of
necessity for a separate form Of bill of
lading for the grain business, There is
much TO be said in favor Of a special form
of bill of lading for a business like the
fruit business where practically every
thing shipped is highly perishable and must
be given special service"