The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1909-09-17

IL McCune, rate expert, who was the
principal witness for the people Of
Spokane IN their fight before the In.
terstate Commerce commission against
the transcontinental railroads for
equitable freight rates, has prepared a
statement IN which he shows a vital
defect in the Hepburn Act TO regulate
commerce, under which he declares
II is utterly impossible for any ship
per 10 the United States to obtain re-
lief from loses through mlsquotatlon
in rates by railroad companies.
Mr.. McCune urges the people of the
country to support the Trans-Missis.
sippi Commercial Congress IN its eff
forts 10 secure the adoption by the
United States Congress Of an amend
ment TO protect the shippers. as re-
commended by the iirstnamed organi-
zation at its annual meeting IN Denver
two weeks ago. He says
Three years have elapsed since the
passage Of the Hepburn amendment
20 the act 10 regulate commerce, and
shippers are now awakening to the
fact that the railroads are protected
from their own acts in making misquo-
tations in freight rates. either wilful,
" to secure shipments or otherwise,
while the penalty OF the loss falls on
the shippers using the rates quoted TO
the railroads IN making delivered pri-
ces or buying goods on the basis OF
rates furnished to them by the car
riers.
Though bankruptcy ensues, a ship
per is denied relief under the law, for
the reason that he Is charged by the
law to know what the legal rate is.
On the other hand the law eompels
the railroads to recover by civil action
any sum that is less than the lawful
rate, although the railroad may have
previously quoted the rate the shipper
used In the purchase or sale of the
consignment.
"A case was heard before the Inter
state Commerce Commission. where
the shipper attempted to recover what
he believed to be an overcharge.
Under the provisions of the law the
railroad was supposed to institute act
ion to recover undercollections cover
ing a period OF FIVE years in which
event the merchant would have been
ruined. III substance the case Is as
follows:
Two lines operated from the point
where tho merchant made his ship
ments. For years he had patronized
one line exclusively, making delivered
prices at the rate OF n cents the hun.
dred pounds. Receiving rush order
and not being able TO obtain a car
from the line he patronlzed, he applied
to the other, which furnished the ear
at the same rate. On arrival at desti.
nation a rate Of SO cents was charged.
"At the hearing the general freight
agent OF the line testified that the cor
rect rate was 33 1.2 cents, while the
representative OF the other line testi-
fed the rate was "a IL cents. The
matter was referred 10 the auditor of
the commission, who determined the
rate to be 80 cents or eight cents high
er than that used by the shipper for
five years.
Another instance of threatened
bankruptcy concerned a iumbermani
who had made large contracts at de
livered prices Of lumber on rate quo.
ted by the railroads general freight
agent. To hll the contraet.whieh the
civil law compelled him to do or be
liable for Damages would have entail
ed loss of 100000 lie appealed to
the Interstate Commerce Commission
FOR relief. but was told that the com
mission was powerless % act IN the
matter
Scores of instances could he cited
10 show losses % shippers under this
state 81 affairs make mention o
one. A settler moving his household
effects from Iowa TO Idaho received
four different quotations from th'
railroads. the rates ranging from D
to "A cents the hundred pounds Wha
was the legal rateg
"This condition prevails through
out the United States and no territor
nor class OF shippers is exempt Tn
time is near at hand when. 70 aYoi
heavy fines, the railroads must collee
by civil action such undereoileetion
as are made on misquotation Of rate
by their agents. There Is No parable
in law equal to this immunity Of th
railroads. In all other affairs the az
reements made between the CONTRACT
ing parties are binding. but the raj
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