Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-22
GATHERED BY THE WAYSIDE

, statute forbidding the Limitation by the
carrier in the contract; or, third, to
bring an action before the interstate
commerce commission to compel re-
vision and reframing of the rules. Ac-
ton along all of these lines was
started. Benjamin D. jacobson was
sent by the Iowa railroad commission
to the western classification hearing
with the petition of the commission
from Iowa but the committee declined
the request. Judge Henderson, at the
request of the railroad commission,
brought the action before the inter-
state commerce commission. but the
case still remains unsettled and unde-
cided. Senator Cummins in the mean
while crowded his amendment with all
his force and power and finally COM
PEELED congress to adopt 1T, and thus
congress, usually the last to act, got
in its work first and settled the mat
ter. The commission demonstrated
again that it is not wise to put all the
! eggs into one basket. Success came
| in one OF three ways mentioned.
No sooner had the act been passed
than the carriers Immediately sought to
| get an advance in freight rates by
reason Of it. The claim was made that
the liability limitation was a part of
contract which included a reduced rate
for the shipment, that when the limita-
ton was removed the company became
an insurer of the property for a higher
rate, that therefore more should be
charged for carrying freight with the
liability clause eliminated or nullified.
1t had previously been established that
q carrier had right to charge higher
rate than the ordinary rate where the
liability matter was left out. Protest
was made and hearing was held In
Washington before the interstate COM
merce commission last month. Mr..
Thorne wrote a brief on the subject
embodying the entire argument in de-
Tense of the law. Luther Walter, an
attorney Of Chicago, appeared in oral
argument without expense to the state
at the special hearing and represented
the interests of Iowa and western
shippers. The commission rendered its
decision and held that the carriers were
not justified in making the demand for
the higher rates based on the Cummins
amendment. The carriers have aban-
doned all thought of securing raise in
| this way and the incident is closed.
| In the brief referred to two points
were definitely made in defense of the
Cummins amendment, namely:
Prior to January, 1913, the carriers
assumed full liability.
| The livestock rates in the great live
| stock sections of the country were
established after taking into considera-
! ton the full liability Of the carriers.
| On the general phases of the demand
| for hieyh pfney NJ
Thorne in the briefreferred to:
I'VE are entitled to full liability
under the existing rates. That can be
accomplished by the elimination of the
| higher values and the higher rates.
| These have been a dead letter since
1873, when the Iowa statute was enact
ed, until the Croninger Hartman and
other cases were decided in the first
| part Of the year 1918. That was the
condition Of affairs when these rates
per hundred pounds were constructed
| by the carriers in this territory on live
stock twenty-five years ago. That was
| the condition when the commission re-
framed our rates in 1910. Traffic density
has increased enormously during these
years. Improvements and inventions
have been brought about. The carriers
! have absorbed practically all of the
prOntS ana OenenLS aCcrulng from these
inventions. They have not improved
the transportation facilities for han
ding livestock. They have not made
any cushions for the hogs to rest upon;
they have not made the trip any more
comfortable for a carload of cattle from
| Iowa to Chicago than it was twenty
years ago."
And again az to the proposed in
crease not being justified:
Even IL the carriers had never
assumed full liability and they had
always limited their risk of loss to $50
per steer and SO per hog, ETC.. even
then the assumption Of full liability at
this time would only justify an increase
in the freight rates Of one-twenty-
fourth Of 1 per cent per hundred
pounds. Freight rates are not quoted
in that sized fraction. It is inconceiv-
able that such infinitesimal increases
in cost a. Sh cents q car would justify
| this commission in advancing freight
rates. An increase Of only / per cent,
or about so cents per car; would make
an additional cost to the shipping pub
lie six times greater than the additional
cost to the railroad"
a