Daily capital journal. (Salem, Oregon) 1903-1919, 1909-12-09
Many Changes In Favor of the Shipper Are Embraced In
the Document.
VALUATION OF STOCK is
INCREASED IN SOME CLASSES
After Many Hearings and Consultations the Railroad Com
mission Finally Arrives at Conclusion Upon the Form of
Shipping Contract Which Is Satisfactory to All Concerned

and be responsible only for its own
negligence and misconduct.
The supreme court of the United
States says that the law of today may
be fairly stated as follows:
1. "That exemption claimed by
carriers must be reasonable and
just, otherwise they will be consid-
cred as extorted from the customers
by duress of circumstances, and
therefore not binding.
2. "That all attempts by carriers,
by general notices or by special con-
tract, to escape from liability for
losses to shippers, or injuries to pas
| sengers resulting from want of care
or faithfulness, cannot be regarded
as reasonable and just, but as con-
trary to a sound public policy, and
| therefore invalid"
! 1t has been held by the Interstate
| Commerce Commission that 'if a
rate is conditioned upon the ship
per's assuming the risk of loss due to
causes beyond the carriers control,
the condition is valid" but "if rate
is conditioned upon the shippers as
suming the entire risk of loss, the
condition. is void as against loss due
| to the carriers negligence or other
misconduct"
If a rate is conditioned upon the
shippers agreeing that the carriers
liability shall be limited to certain
specified sum, the condition is valid
if the loss is due to causes beyond
the carriers control. The carrier
when fixing its rates, has a right TO
fol hn nf hn CHI fnu nj m
consideration, and If a shipper places
value upon his stock which is ac-
cepted in good faith by the carrier as
its true value, and the rate fixed in
accordance herewith he can, under
no circumstances recover an amount
in excess of the declared value.
The railroads, however, have not
always dealt fairly with the public in
preparing their live stock contracts,
for we find in them unreasonable pro
visions, like the following:
The shipper has examined the car
or cars into which it is proposed to
load such live stock and accepts said
cars as proper and suitable vehicles
for transportation of property, for
which this contract is issued and as
sumes all risk of loss and damage of
or TO said live stock, or to the per
sons who may be i'm charge thereof.
when live stock is in eorrals at
shipping points, resting places or des-
tination, it shall be at owners risk
of loss or damage through breaking
out of corrals, or in loading or un-
loading"
Persons (attendants) whose sig
natures appear below, hereby assume
all risks of accident, and expressly
agree that the company shall not be
liable under any circumstances for
any injury to the said persons or any
of them, or for los sor injury to
property, and that as to such persons
the company shall not be considered |
as common carrier, or liable as
such.
Al the request of the railroad COM
the last legislature passed an |
act which makes It unlawful for 4 |
carrier to change or limit it's COM
mon law liability when hauling live |
stock shipments, unless permitted 10
do so by the commission. The act |
also made il the duty of the commits
sion, after due notice and hearing,
10 prescribe a uniform live stock con-
ract, which shall contain certain
lust and reasonable provisions, and
be used by all railroads In the state
The commission has taken It's time
n preparing the contract, and has
given every one Interested an opor-
unity to be heard Both the rail-
'oads and the shippers have been
air in the matter, and have given
he commission every assistance The
principal features OF the new con
ract are as follows:
/. II the shipment is over more
han one line the contract will serve
ls a through bill of lading. It's pro-
'isions inuring 10 the benefit OF and
,eing binding upon all connecting
.arriers This will do away with
he present practice OF requiring
hippers 10 sign a new contract every