The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-02


which are making earnest efforts on
falr and reasonable lines 10 secure Il
reform IN the practices of carriers In
this regard, many complaints have been
rcccitcd during the past year of the in
attention of carriers to plain ovcrcharGe
claims and of their delay in adjusting
them. And a survey of these complaints
has led us 10 the conclusion that this
practice, or rather lack of practice,
among carriers is open 10 severe criti-
ciSm.
q substantial portion of The time and
labor of this commission is given To
the effort 10 secure, through informal
correspondence, the settlement of claims
of this character, and it is u burden
from which We ought 10 be relieved by
carriers. On the other hand from tho
shippers point of Wow. nothing IN con
nectiou with transportation is more vcX-
ing and irrltaring than the labor and
delay incident to the following up OF
an ovcrcharge claim and securing It's
repayment
'When an underchargc occurs il is
promptly discovered by the accounting
departments of carriers when revising
the billing, and demand is AT once made
on the shipper for payment. With equal
facility overcbarGes are also detected
by accounting officers. But from tho
complaints thai reach us il seems to
organization Of many carriers to see
that the amount is refunded To the
shipper.
"And when an ovcrchargc is detected
by Il shipper himself. he is able in the
great majority of cases. if We may form
conclusions from the numerous com.
plants now before us. 10 secure its re.
payment only after his patience has
been sorcly tried by the effort and do
lay required in order 10 secure serious
attention 10 his demand
Loose Practice Condemned.
Without wishing TO be understood as
expressing the view that this loose
practice with respect TO ovcrchargc
claims is characteristic of all interstate
carriers. il is, nevertheless. so common
as to Justify some attention by the
commission.
Apparently it is not understood IS
fully as it should be, by railroad Off
cisls charged with the adjustment of
such matters, that the retention by a
carrier Of an ovorchargo not only has
all the effects Of an unjust discrimna.
tlon against tho shipper from whom the
excess has been demanded. hut leaves
the transportation transaction in an
unlawful condition, both under the act
to regulate commerce and under the
Elllins act. until the overchargc has
been adjusted.
We are advised that the delay in
making repayment is frequently due,
not TO the failure 10 discover the over
charge, but 10 tine efforts Of tho de.
llv"ring carrier TO ascertain before
making the refund 10 the shipper which
carrier participating in the movement
is responsible.
Present System Wrong.
:" This. is not a proper practice. The
shipper is entitled 10 repayment from
tho carrier that has collected the
freight charges as soon as il appears
that an ovcrchargc has I'm fact been
made. When the refund has been made
II is then the carriers duty TO sec
which of The carriers that participated
IN the movement is responsible, and
charge accordingly.
"Whcn the oycrchargc has been dis.
covered il should immediately he re.
paid by the carrier that collected the
charges, aud this should be done
whether n demand has been presented
by the shipper or not
We well understand that the ad lust
mcnt of claims is q matter that requires
time, and that they can moi safely be
paid until after tho facts have been
mcut tho claims offices of carriers
should be so organized as to enable
them to dispose of all ovcrcharge
cIain,s within thirty days. except those
Of unusual or special character, and
such claims ought TO be disposed of
within sixty days al the utmost.
We refer now 10 plain ovcrchargc
cases, The phrase 'oVcrcharge. as
used by the commission. embraces only
eases where the carriers have demanded
and received a rate in excess of the
published rate. We do not use that
phrase in referring 10 cases whero the
published rate has been collected, but
is alleged on one ground or another TO
be an excessive rate.
Threatens Congressional Action.
AS TO the latter class of claims. many
of which are adjusted informally by the
commission, It seems 10 us that The com.
plants of shippers ought 10 be in
vcstlgatcd and put before us for dis.
position within ninety DAYS in the great
majority of eases. The amended act 10
regulate commerce gives the commits
sion no authority TO establish any
limit Of time for the adjustment OF
claims or any authority 10 discipline
carriers that arc not attentive TO their
plain duty i'm such matters.
The adjustment of claims however
is a matter which the carriers them.
selves, in good faith 10 the shipping
public, ought TO take hold Of so as TO
reach results within a reasonable time;
and we sEall expect the cordial GO.
operation Of all carriers in our request
that their claims departments bo so
organized as TO give more prompt re-
suits. To the end that all occasion for
the wcll-fouudcd complaints that ship
pcrs now make may he removed.
Carriers owe il TO themselves not to
put the commission under the necessity
of calling this matter 10 the attention
of the congress and asking for power
interest and in fairness to shippers.
should be done on their own initia-
tive