The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-01-06
THIS DECISION
Of j. s. COURT
IS OF INTEREST
JUDGE EMORY SPEER SUSTAIN.
ED ON IMPORTANT CASE BY
HIGH COURT.
Decision Is of Importance Throuah-
out the Country, as it Effects All
Railroad Lines-The Facts in the
Important Case,

Few cases are of more Importance
tHan that of the Riverside Cotton
Mills vs.. Atlantic Coast Line Rail-
road Company, where the decision Of
Judge Speer was affirmed by the su-
preme court of the United States yes.
terday. "
The question involved is the respon-
sibility of the initial carrier for loss
or damage to goods received by it.
whether the damage occurs upon its
own line or upon connecting lines. 1t
has long been the law of Georgia that
railroad receiving shipments was
responsible for loss or damage 40
matter where the injury occurred
| This was not the law elsewhere in
the country. The act of congress
called the Hepburn Act" contained
an amendment made by the late Sen.
ator Carmack, of Tennessee. This
provided in effect that the law in
Georsia should be the law in inter
state shipments all over the United
States In other words, that wher-
ever a shipment was made or goods
received and a loss occurred, that the
railroad at the point of shipment
would be responsible. and must itself
settle tie liability for damage with
the connecting line on which the loss
or injury occurred.
The question came up in the nort.s-
eastern division of this district before
Judge Speer, sitting in the circuit
cou.t at Augusta Mr. Akerman ap-
peared for the Riverside mills, and
judge Lamar now associate justice.
appeared for the railroads. Judge
Lamar attacked the constitutonality
Of the Carmack amendment. It is said
that his argument was mastery. Mr.
! Alderman replied for the Riverside,
mills. Judge Speer sustained the CON
| stituiionality of the act. Part of i:s
oral opinion follows: =
"By the act of congress the shipper
is afforded an inexpensive and CON
yenient tribunal in which to seek Gil
forcement of his rights. When we con
slider the great extension of railroad
connection, and the thousands OF
miles Of distance which they comprc-
hend, in the absence of this provi-
sion, how helpless would he the sh:r-
per here if he should attempt to ship
is products to the Pacific coast, and
they shovld be injured or lost, for IN
stance, on the Oregon Short Line.
The railroads have every facility for
deriving all the information in re-
gard to the claim. They daily settle
and deterrline thousands Of claims
between Themselves. Where there is
a controversy between single in
dividual ard many corporations, with
such power and such opportunities
how helpless is he who is compelled
to go to a foreign jurisdiction, when
the railroad fare there might more
than offset his profits.
Congress- has acted wisely. It has
}rought the courts to the door of ble
shipper. It has bent a listening ear
and heard his complaints. He is af-
forded the necessary protection Of the
law, a speedy and cheap trial.
In conclusion he said:
"To my mind it is amazing that
our government had so long failed
to enact this law. differ toto coelo
with my gifted friend, Judge Lamar,
and must oyerrule the demurrer"
Judge Lamar took his oath of Of
flee and in few moments the 81
preme court delivered its opinion sua-
tanning the views expressed by Ju1ge
Speer. It's Importance TO the people
of t1e state is incalculable. IF car
load of peaches or lumber, or any
thing. is shippcd from here to a north
ern point, by virtue Of this decision
redress for injury thereto may be had
in the GeoFgia courts