The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-06
EXPRESS INCREASE
NOW MOOYED POINT
Charge Made That II Would
Put Companies in the In
surance Business.
TEST SUITS IMPENDING

The Cummins amendment to the in
terstate act, said to have been
designed originally to break limited la
bility contracts on i've stock shipments
in the middle West, has raised another
slot point In the minds Of lawyers and
express companies representatives.
There " now a difference Of opinion az
to the legality OF the extra charges for
excess liability.
Should these charges he illegal II will
~ a serious matter for the express com
sanies. which have counted on receipts
from this source 10 counterbalance the
larger payments on lost or damaged
shipments. The basis on which those
planning 10 contest the extra charges
are working is that II is illegal for
railroads and express companies to 8
into the insurance business" They as
sert that such payments are simply in
surance premiums.
The heads Of express companies and
railroads maintain that the extra charge
Of 10 cents for zach 500 Of declared
value. or so cents for each 100 pounds.
was liked by the Interstate Commerce
Commission. Also they say that. as
they now are expected TO make restitu-
ton for shipments of any value. pro-
vided that value IL declared. they think
they are entitled to the extra charge for
such extra liability.
Officers of express companies yester-
Gay were unable to understand the
statement of h Interstate Commerce
Commission that the shipper may falsely
declare the value OF shipments at his
oWn risk. Their impression from study
Of the Law was that such persons were
liable 20 prosecution for a misdemeanor.
Such Officers said yesterday that the
Cummins amendment. which they be-
noved had been framed as a local meas
urA, had been 60 carelessly drawn that
II would cause much expense and prob
ally several test suits before the COM
psnies could tell just what II actually
dfd mean when interpreted, as II must
Be. u a national law.
Contrary to the opinion Of Senator
Cummins, the railroads are not satisfied
with the provisions Of the Cummlns
amendment to the Interstate Commerce
at. according to Ira w. Place. a vice
president Of the New York Central and
Q membe oS Its legal department. Sena-
tor Cummins has been quoted as saying
In Seattle tha7 the railroads were on
posed to the baggage law and were
opposing it's enforcement.
The new regulations enforcing un-
limited liability upon railroads for bag
rage Mr.. Place said last night. were
certainly not initiated by the railroads
and yet they are being enforced willingly
BY railroad officials. 1t is possible that
the railroads may rather gain than lose
BY the change.
Senator Cummins has consistently
opposed the railroads and may have
stated to be a fact what he expected
would cake place. The old law provided
for the shipment OF baggage in two
ways: either at a high rate by making
the railroad assume unlimited respons,
bility. or at a lower rate by the shipper
signing a release of responsibility. The
Cummins amendment requires that tn
shipper shall stare the actual value OF
the thing shipped and that the railroad
may charge for Insurance.
"Whether the railroads are to profit by
the change will depend Upon the number
or passengers who ravel with excess
baggage. In any case. We always dc
what we can to find out the meaning
OF new law 20 comply with them
President +. y. Underwood OF the
Erie Railroad said hat senator Cum.
minis need not fiatter himself in be-
lieving he had dealt the railroads a blow
by his new amendment, because II is
now apparent that he struck through III,
railroads and hit the public" MIR
OuucT WVou sUlu lHlOTIldtlOn Hdu TtdCTt0
him that embarrassments incident to the
administration of the new law might YET
arouse the public to have il repealed.
although we believe the Cummins
amendment Is obnoxious and the caus
Of a vast amount of unnecessary trouble
IN administering it, he said, I'VE shall
observe 1t to the letter. II does no
specially hurt us and we shall not lose
By II.
THE weakest thing about it is thu
opportunity II gives thieves 10 learr
The value Of luggage. The shipper |,
compelled to make known the full value
OF his goods and thus a man determined
TO steal may be greatly favored Com
plants are coming in already from the
public. 1t is the public's quarrel, moi
ours"