The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-09-23

without cancellation, or Endorsement of
partial delivery: If any common car
rier, not having received things or
property for carriage. shall give or is
sue bill of lading, or receipt as If
such things or property had been re-
ceived, or any warehouseman. or wharf
niger, or person engaged in the bust
ness of storage, or keeping for ship
ment or forwarding. shall issue q re-
ceipt for things or property, not hav-
| ing received them; or If any of such
parties shall give or issue a second
bill of lading, or receipt the original
being outstanding, not expressing In
such second bin of lading. or receipt,
that 1t Is a duplicate, or shall sur
render such things or property with
out receiving and cancelling the bill
of lading or receipt issued therefor, or
make partial delivery without indors
ing such partial delivery on such bill
of lading or receipt, except as pro-
yided in the preceding section, such
carrier, warehouseman, wharfinger OF
person is liable to any person injured
thereby for all damages, immediate or
consequential. therefrom resulting"
Section 1860 of the code of 1907 pro-
vdes for punishment for the issuing
of any false receipt by the railroad
companies and is as follows:
Issuing false, receipt or delivering
goods without surrender of receipts:
Any warehouseman, wharfinger, agent
of vessel or railroad, or other per-
son, who violates any of the provisions
of sections 61S2 (4219), 6134 (4221),
6135 (4222), 6136 (4223), of this code,
must, on conviction, be fined not more
than $1,000 or imprisoned in the peni-
Tertiary for not more than five years
In your editorial you make mention of :
the protection thrown around bills of :
lading by the laws of Louisiana. 1t would :
appear from the laws of Alabama that |
they are more drastic in the state of
Alabama with respect to the issuing and
responsibility for bills of lading than
even the laws of Louisiana, and, IL in
| your opinion, the laws as now in ex-
istence in the state of Alabama are any
less rigid than the laws in the state of
Louisiana, we would be glad to have you
mention in what respect they are less
| rigid.
| Besides the statutes of Alabama, the
interstate commerce act, known as the
Hepburn act. provides in section 20,
among other things, as follows:
THAT any common carrier, railroad or
| transportation company receiving prop
erty for transportation from a point in
one state to a point in another state shall
| issue a receipt or bill of lading therefor
and shall be liable to the lawful holder
therefor for any Joss damage or injury
to such property caused by it or by any
common carrier, railroad or transporta-
ton company to which such property
may be delivered or over whose line or
lines such property may pass, and no
contract receipt, rule or regulation shall
exempt such common carrier, railroad or
transportation company from the liability
hereby imposed"
fhDf
statute law of Alabama and under the
act of Congress, railroad companies are
absolutely responsible for all cotton re-
| ceived under bills of lading which they
| may ISSUE and they cannot by any means
avoid that responsibility. 1t will also be
| seen that under the statute law OF Ala
bama, if any railroad company or any
authorized agent of the railroad COM
pany should be dishonest enough to sign
| a bill of lading which is a false bill of
lading as indicated in section 6136 of the
code of 1907. the railroad company would
be responsible for all loss and damage on
account of the dishonest issuance of any
such bill of ladng. and could not avoid
the responsibility therefor.
OF course, railroad companies are not
responsible for forged bills of lading, any
more than any writer of yours would be
responsible for note to which his name
had been forged. The railroad companies
are not only responsible as above stated,
for bills of lading issued by them for cot
ton, but they have undertaken TO sun
further safeguard the shipment of cotton
by having bills of lading for cotton Tor
foreign shipment certified to by some
officer of the company showing the gem
uineness of the bill of ladlng issued, ana
which in itself is a guarantee as to the
genuineness of the bill of lading.
Yours truly,
l.. SEWER,
General Agent. Southern Railway COM
pany and Alabama Great Southern Rail-
road company.
Birmingham. September %, 1910.