Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-08-27
BRIEFS IN WESTERN LIVESTOCK
VALUATION CASE BEFORE
COMMERCE BOARD.
LIMITING OF LIABILITY
OF RAILROADS ATTACKED
Shippers Lose Heavily in Case Of Loss
Of Stock in Transit-commerce Board
Asked to Undo Middle Which Con-
sress Plunged Livestock Men in Ef-
fort to Afford Relief
pecial to Times Republican.

Special to Times Republican.
Des Mones, Aug. 27.-Brief anG
argument in the western livestock val
uation case affecting interstate ship
ment contracts, was completed and
filed by the commerce counsel with the
interstate commerce commission to-
day.
The compliments attack the validity
and fairness of the livestock shipment
contracts, which provide for limit
of $50 on steer and $40 on hog. OF
valuation as the basis for any damage
claims, and insist that:
Any limitation reducing the liability
below the actual value of the livestock
should be eliminated from tariff regu-
lations and contracts.
If any valuation limiting the amount
of recovery is fixed, the present valua-
ton is entirely too low, and should be
Increased to the fair actual value of
such livestock
If the rates are to he Increased upon
an additional declared valuation of 100
per cent the present percentage of in
crease is far in excess of any rea SON.
able amount and beyond compensation
for any additional risk assumed by the
carriers.
Valuations Long Established.
While the chief complaint is against
the two valuations mentioned the con-
tracts call for a limit to 500 for a
horse $50 for a cow, $40 for calf and
SO for a sheep; and these valuations
have been in force so long that nobody
knows when they We're established.
The testimony taken in the case
showed that the value of the hogs
shipped under these contracts is at
least an average of $40 head and of
cattle for the market anywhere from
SIS to $3.50 head. Yet, in case of loss
the railroads, under the contract pay
only the limit fixed in the contract, or
less. Because of this fact the Corn
Belt Meat Producers Association last
summer commenced a suit before the
Iowa railroad commission to have COM
plant made as to the interstate regula-
tions. and later the American National
Live Stock Association and the Cattle
Raisers' Association of Texas joined in
the complaint.
Unique Problem Raised.
The complaint before the interstate
commerce commission a unique prob
lem, in that it is asked to apply a
remedy which congress sought TO apply
but in so doing made the evil much
worse bug which is again being urged
upon congress in way to be effective.
1t was shown that good many rail-
roads ignored entirely the limitation OF
liability in their own contracts and
that making such contracts was a per-
functory act Then came the Iowa
law forbidding the putting of value
limit in such contracts and the SUI
preme court held it applied to inter-
state commerce because while con-
gress butted in and tried to clinch the
matter. but instead of doing so merely
annulled the state law and compelled
the railroads to apply the limit in the
old contracts. Now again congress is
considering. in the Cummins bill, really
abolishing the entire limitation bust
ness. but the boss will not permit the
bill to be taken up.
Ask Elimination or Increase.
While the complainants argue that
the commission ought to compel strik-
ing out the entire limitation of value,
as an arbitrary and unjust limitation.
it is also argued that if it Is retained
there should be a material increase in
the limit so as 10 cover actual loss.
Under the present system the shipper
really stands large part of any loss
even though it be occasioned wholly
by the carrier. And If the limit is re-
tanned then it is argued that the added
charge for animals Of declared value
much higher should not be as great as
at present, exorbitant charges being
made for high priced animals.
Security Value Red uced.
One phase Of the case not thought Of
ordinarily is that vast proportion of
the livestock fattening and marketing
is done on credit, the feeder and ship
per borrowing from banks and giving
claim on the stock for security, and
under the present system the security
is reduced in value so that credit can
not be obtained as readily or in such
quantities as desired
The carriers did not present any evil
dence whatever in the hearing on this
case. but presumably will file an argu-
ment in resistance, though it is under
stood they are not going to serious
" object to the elimination of the val
uation limit.
The argument in the case was pre-
pared by Judge J. II. Henderson, COM
merce counsel Of Iowa, and is con-
Cured in by attorneys for the various
associations interested in the case.