Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-06-19
SENATOR SEEKS RELIEF FOR
SHIPPERS OF LIVE.
STOCK.
HEARING BEFORE BOARD
MAY BE POSTPONED
Important Investigation Probably viii
Be Delayed Pending Action on Cum
minis Measure - Involves Liability
Valuation on Livsstock-senator Elk.
plains Why Liquidation 10 Required.
2ecial to Timer Republican.


state commerce commission hearing in
Colorado Springs regarding a change
in the liability valuation on livestock
on the western railroads, scheduled for
July l5, may be postpoaasl. because Of
the pending bill in congress which
would affect that situation. This prob
ably will also cause passing over Of
the issue regarding railroad liability
to be taken up by the Iowa commission
in July.
The situation regarding this liability
question. which il of such vital inter-
est to ali shippers, il be- oming compli-
Gated in an interesting manner.
The complaint before the Iowa COM
mission Is Of rule Of the carriers
denying all responsibility for damage
due to delays in transportation. 1t has
been withdrawn as to Iowa business.
but is still up as an interstate matter.
The chief complaint is from livestock
shippers, but the railroads insist It
would not be applied as to livestock.
cummins Pushing Bill.
The complaint to be heard at Colo
RADIO Springs 10 that the livestock val
uation named In bills Of lading as fix
ing the limit Of liability In case OF
damage, Is too low, and the shippers
want a higher valuation stated.
In the meantime. Senator Cummins
Is pushing his bill to finish in the
senate, and II it is passed it will dis
pose Of both these questions. The
cwn:z.:!ns hill would forbid any con-
tract limiting liability and make the
carriers liable for the full value OF
property damaged or destroyed. This
would restore what was the law IN
Iowa and what was intended to be the
federal law, but repealed by the SUI
prone court. It would take out OF
every bill Of lading the clauses refer
ring to liability and permit the COM
mon law rule to apply.
Reasons For Legislation.
In the senate the other Gay. when
Senator Cummins had succeeded in
forcing attention to this bill. he ex-
planned the reason for It. prior 20 1906
It was the law in most Of the states OF
the union" Senator Cummins SAID,
20 either by statute or the declaration OF
the courts Of the state, that any agree
ment, rule, or regulation that sought
to limit the liability Of railway COM
panies to less than actual value OF tho
properly injured. or the actual loss or
damage sustained by IN individual. II
q person was injured. was voiced as
against public policy" Iowa had
very definite law on the subject Of ex-
emption from liability, and the SUI
preme court Of Iowa upheld this ana
decided a passenger had q right to re-
cover actual damages despite con-
tract limiting liability. Ths supreme
court of the United States held that
this was q matter over which congress
had authority, as it was an interstate
matter, but that as congress had failed
to act the Iowa law was good.
Then came the revision of the in
terstate commerce act and the Car
mack amendment which was designed
to take over this very subject and to
make void any limitation in inter-
state matters the same % in state. Bul
when the supreme court came up
against this amendment II decided that
it accomplished exactly the opposite OF
what was intended: also that inasmuch
as congress had acted it put all the
state laws on the subject out Of ex-
istence.
Will Change Conditions.
Out Of this middle has come con-
dition wherein the limited liability
bills Of lading are valid everywhere
and are in use and there IS no way
state can affect the situation.
The Cummins bill will change all
this and actually do what the Carmack
amendment was intended to do and
what the Iowa law did bsfore the high
court wiped 1t of the books.
The livestock shippers are somewhat
in doubt as to what to do about 1t. II
there is no likelihood Of the bill be-
coming a law at this session the ship
pers want to prosecute the case before
the interstate commerce commission at
Colorado Springs. II IT Is sure to pass
they want to drop It all. But what
chance has the bill?
The administration il not backing
the bill and is giving no encouragement
whatever to 1t. II 1t goes thru it will
be because of the persistence Of Sen
ator Cummins and the good work OF
western members Of congress. It Is
sure to 20 thru the senate. At present
1t seems as II the house r letting the
senate do all the work and IL just pass
ing almost anything that comes over.
II this attitude prevails the bill may
become a law soon. At any rate 1t II
certain to become Z law next winter.
There have been no recent decisions
affecting the limited liability law.
PLANNING TO REsutLD HOME.