The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-17
THE CUMMINS AMENDMENT.
Hasty and Vicious Legislation That
ImpaIrs the Right Of Contract.

To THE EDITOR OF THE SuN-Str: THE
SUN of June s contains an Interview
with Senator Cummins OF the recent
amendment to the Interstate commerce
law which Is a piece OF m'sstateTnent
and seeks to make the carriers respon-
sible for the results OF this hasty. Ill
considered piece of legislation.
Before this law became effective there
was a clearly defined, straightforward
method. The carriers placed before the
shipper two kinds Of transportation:
First. Transportation In which the
carrier assumed all liability under the
common law and charged rates accord
ingly.
Second. Transportation under which
tho carrier assumed limited liability.
clearly stated the Limitation, ana
charged rates accordingly.
The shipper was not forced to take
either. The whole scheme had the
sanction and approval OF the Interstate
Commerce Commission, thus wins u
the full force and effect OF law.
Furthermore. the commission on It's own
motion could change the scheme should
II In practice prove unreasonable or
unduly discriminatory
Under this method a number OF COM
modities of low value received the bene-
III OF low rates and n wide distribution.
The factor of value Is one which is taken
into consideration in fixing rates. III a
shipper Is willing to assume a share or
the risk incident to transportation he Is
compensated therefor by lower rates.
The interview seeks to place the
blame for delays. a~nnoyapces. &c. on
the carriers by stating:
They stipulated small proportions OF the
true value of property. especially live stock
BY reference to the classification II
will be observed that rates on live stock
are made according to value. the greater
the value the higher the rate. II the
shipper purposely states a low value he
thereby assumes a share or the fisk
incident to transportation and gets a
lower rate. He has the choice OF con-
ditions placed before him at the time of
shipment. These conditions are clearly
stated in the classification book issued
by the carriers, which classification
book must be hled with the commission
and gain tho commission's sanction
before It becomes law.
The same thing applies to baggage and
express matter. Tho carriers state In
their passenger tariffs. their folders and
time tables and on many OF theil
tickets Just what risk they assume
Having been filed with the commission
and duly posted they have the full force
and effect of law.
The Cummins amendment was dc
signed TO help the live stock shippers.
II the live stock shippers suffered an,
hardships or transportation the meani
and the methods of procuring relic
were at hand without the necessity o.
special legislation or OF disrupting es
tabllshed methods pertaining To othel
interests. The live stock shippers. indi
vidually or collectively. could enter com
plaint that the conditions under which
they were doing business were oppres
sive, unjust and unduly discrimination
and the commission was bound to taxi
Cognizance and order "a hearing. TIT
aking OF evidence would be facilitated
by the commission holding hearings a
places convenient to the shippers. am
II they established their case the com
mission has the power to order tn
remedy.
Why was this power not Invoked
Wa IL due 10 lack OF confidence In IN
commission? Why were the bushes
interests OF the country unnecessarN.
disturbed and satisfactory transportation
methods disrupted to satisfy live stocI
shippers with a fancied grievance?
II every business interest OF the coun
try sought relief from fancied or othe
grievances by special legislation. wha
would be the result?
In the language OF THE SUN; "Oh
humbug. what farces are committed 1
thy name
The Cumm,ns amendment does no
state that II applies only TO live stoci
BY cleverly wordej and involved lar
guage IL seeks to accomplish that pui
pose. II provides that the carrier sha
he responsible for the full value OF n
shipment and makes all limitations
liability unlawful. Does IT not thereh
impair the right OF contract betwee
shipper n carrier? Does It not 81
aside the economic factor OF value
matters Of transportation rates? Coul
|, a piece OF legislation more vicious, NOR
. useless or more disturbing he perp'
= tratsd"
, A long connection with transportation
2 both as servant ~ carriers and {
! shippers. emboldens me to make the a:
; sertlon that never in the history Of ou
country have It's commercial 3Nferusts ~
, better transportation service than nos
l Ii cannOt he expected that bushes
I will run 100 per cent. perfect all IN
a., time. The carriers IN the past thiri
, wears have spared nothing I'm tn" wa
IT money or effort or study To inproN
, their service. and nowhere IN the wor''
, aNoat or ashore, Is Transportation an
l better or any cheaper than in the Unite
: states. II the shipper Will study hi
!, own methods and seek 10 improve tNei
{ the 100 per cent perfect condition vi
be az least Appropriated. Visit an
!, shining station in the United state
and note the s~lovenly packing. the sloN
only shipping 10 -uments, the careless. ir
sufficient marking on much OF tho freigr
I offered for transportation, and then wor
|, der why such n small percentage Of OF
goods goes wrong,
. There IL an organization known a
, the National Industrial Traffic Leagu
I composed OF representatives. OF shipper
which has lone fine work. Ry It's care
rul Investigations. calm delihcratior
= and reasonable attitude II mas game
tho good will, tho cooperation and n
t respect ~ the commission and the ca
: rlers. II proceeds upon the princip'
e that che who demands equity must q
: equity and by granting unto tho ca
. ricrs certain rights has not dimin'she
= It's own rights nor the rights of tho
Is represents. j. ID.
BosToN. June ~,