The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1909-09-11

rate, although the railroad may have
previously quoted the rate the shipper
used in the purchase or sale of the
consignment.
ga case was heard before the inter
state commission, where the
shipper attempted to recover what he
believed to be an overcharge. 1t prov
ed to be an undercharge. Under the
provisions of the law the railroad was
supposed to institute action to recover
unerdcollections covering a period of
five years in which event the merchant
would have been ruined. In substance
the case was as follows:
1.-TWO lines operated from the point
where the merchant made his ship
ments. For years he had patronized
one line exclusively, making delivered
prices at a rate of % cents the hun
bred pounds. Receiving a rush order
and not being able to obtain a ear
from the line he patronized, he applied
to the other, which furnished the car
at the same rate. On arrival at des-
t~ination a rate of 33 cents was
charged.
"a the hearing the general freight
agent of the n line testified that the
correct rate was 3312 cents, while the
representative of the other line main
tanned the rate was 34h cents. The
matter was referred to the auditor of
the commission, who determined the
rate to be 30 cents or eight cents high
er than that used by the shipper for
five years.
Another instance of threatened
bankruptcy concerned a lumberman,
who had made large contracts at de-
livered prices of lumber on a rate
quoted by the railroads general
freight agent. To fill the contract.
which the civil law compelled him to
do or be liable for damages, would
have entailed a loss of 800, 600. He
appealed to the interstate
for relief, but was told that the com
mission was powerless to act in the
matter.
"Scores of instances could be cited
to show losses to shippers under this
state of affairs. | make mention of
one: A settler moving his household
effects from Iowa to idaho received
four different quotations from the rail
roads the rates ranging from SO to II
cents the hundred pounds. What was
the legal ratef
"This condition prevails throughout
the United States and no territory nor
class of shippers is exempt. The time
is near at hand when, to avoid fines.
the railroads must collect by civil ac-
ton such undercollections as are made
on misquotation of rates by their
agents. There is no parallel in law
equal to this immunity of the rail
roads. In all other affairs the agree
ments made between the contracting
parties are binding, but the railroads
are protected by their omissions and
commissioners, while the people suf-
fer for the carriers sins.
GA rising wave of remedial legis-
lation of transportation reform is
sweeping from coast to coast, but the
combative spirit of the railroads is
devising every legal technicality and
throwing it across the peoples viii as
a barrier to progress in this direction.
If the law protects the carriers in their
contracts with the people, it should not
discriminate by abandoning the people
to the merciless will of the railroads.
"The recommendation by the Trans
Mississippi Commercial congress that
the congress of the United States en-
act an amendment to the act to regu-
late commerce, requiring railroads to
quote rates in writing when so re-
quested by shippers, and that rates so
quoted be protected to avoid loss to
the shippers, and assessing a reason
able PENALTY against the carrier may
rs N0 "i'4uotaeioh' 81 lhdt the pro
vision of the act against rebating may
be kept inviolate,' should have the en-
dorsement of every commercial body in
the United States.
'These organizations will be invit-
ed to join in petitions to congress to
enact the amendment as a safeguard
against the evil practice in ~misquota.
ton of rates, and the congressional
representatives will be urged to give
their support to the measure, which
is of vital imortance to all parts of the
United States suffering losses from
this fatality of the Hepburn act, un.
der which the interstate commerce
commission is WORKING