Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1915-04-14
cUMMINs AMENDMENT -
Is RAILWAY RATES.
Ef

cUMMINs AMENDMENT . AND
+. RAILWAY RATES. r, =. n
Representatives of railroads and
traffic associations appeared before
the Interstate Commerce Commission
in Washington last Saturday to dis
cuss the effect Of the Cummins'
amendment which goes into effect on
the Sd OF next June. i
Several railroad managers insisted
that they should be permitted to in
crease their freight rates at least S
per cent, because the Cummins
amendment will prevent them from
limiting by: contract their common
law liability. . ~
# A brief statement of the law on.
this subject will show the necessity
Tor the Cummins amendment and
the indefensible position of the rail
way managers. ~.
At common law railroad or other
carrier is an insurer of the safety Of
goods intrusted to it, except when
the loss Is caused by the act Of God,
by public enemies. by the public au-
thortty. BY: the. act of the shipper, or
by some inherent defect in the
goods. The common law, however,
permits the shipper to contract with
the carrier for his release from a
consid erable portion Of this common
law liability, and it soon became the
practice Of many carriers to require
shippers to accept receipts or bills Of
lading for their goods, which con-
tanned contracts releasing them
from their common law liability.
Early in the legislative history of
Iowa all such contracts were de-
clared void and of no force or ef-
feet. And the Supreme Court Of To-
wa in the Solan case, which was de-
cided in May 1895, held the Iowa
statute constitutional and valid on
the ground that contracts which ex-
empted carriers from their common
law liability were against the public
policy of the state. This Solan case
was appealed to the Supreme Court
Of the United States and there af-
firmed in October 1898. ~
In this connection it must be born
in mind that Congress has paramount
Legislative authority over interstate
commerce, and that states can only
legislate in reference thereto upon
subjects which Congress has neglect
ed to legislate upon. And when
Congress does legislate on any sub
eject all state legislation thereon be-
comes void and of no further force
or effect so far as interstate COM.
merce is concerned. ~. i a. .
Now let us take another step. In
1906 Senator Carmack Of Tenn ssee5
introduced an amendment to the Hep
burn bill. That was at a time when.
nearly all Federal legislation was
shaped to suit the purposes Of an
aristocracy Of wealth. The Carmack
amendment was banded about and
when it emerged from the conference
committee on June 18th, 1906, it
contained numerous jokers not to be
found in the bill as originally in.
PRODUCED. One of these jokers was
the insertion, in a section defining
a carriers liability, these words: GAS
may be evidenced by any receipt,
judgment or transcript thereof" A.
bill of lading is receipt, and when
the receipt contains contract ex-
empting the carrier from liability the
purpose Of the joker became quite
evident. -.
There were, Of course, several 9TH
er provisions in this Carmack
amendment the combined effect Of
which was to nullify the Iowa stat
ute so far as it related to interstate
commerce, cause reversal of the
Solan case and leave Iowa shippers
without statutory protection against
the numerous contracts which form
q part Of nearly every receipt given
by carriers for goods received, ex-
empting carriers from their common
law liability. This condition of our
law was definitely settled by decis-
ion of the Supreme Court of the
United States rendered in the Crom-
niger case in October 1912.
This Cummins amendment should
have been passed more than two
years ago. 1t simply requires COM
mon carriers to observe the duties
which the experience of mankind
has deemed necessary and just, and
prevents them from contracting
against liability for failure to per-
form those duties.
We do not know enough about rate
making to say whether certain rail-
roads should or should not be per-
mitted to increase their freight rates,
but we do know that no corporation
or, individual is entitled to an in
crease of compensation for doing
that which is right, and the attempt
to use the Cummins amendment as
a lever for raising railway rates
will have a tendency to prejudice the
public against the corporations max
ing the attempt.
GETTING READY TO FEED THE
WORLD.