Evening star., 1915-04-11
Cummins Amendment to Inter-
state Commerce Act De-
clared to Be Ambiguous.
RAIL WAYS AND SHIPPERS
REPRESENTED AT INQUIRY
Classification of Rates and Liability
of Carriers Discussed-Date Fixed
for Filing Briefs.

Failure seemed to have marked the
all-day efforts yesterday Of the inter
state commerce commission to get
from the railroads and shippers any
light as to just what the so-called
Cummins amendment to the interstate
commerce act really means. The act
was passed at the last session of Con-
gress When adjournment was taken
late yesterday the commission, which
has practically confessed that it was
in the dark as to the meaning of the
new legislation, found itself with
load of information as to the railroad
side of the case and the shippers side.
but nothing in the way of real
analysis of the act and the causes
leading to It's passage. which might
help the commission to give the proper
construction of the legislation.
The railroads, while taking the stand
that the law, which does not go into
effect until June 3. gives them an au-
tomato 10 per cent increase IN rates.
declare that they are unwilling TO
mulct the shipping public to the ex-
tent of making the increase in rates
10 per cent from June 3 next. The
attorneys for the roads In oticial al
frankly admit that they do not know
how much of an increase they should
ask for, in the light of the increased
liability placed upon them, but they
do believe that they should have some
increase. On that point they are united.
Request of Southern Roads.
The railroads in southern classifica-
ton territory, however. are not only
settled upon the question that they
should have an increase, but they came
forward with a proposition that they
should have an increase of per cent
on some commodities and 10 per cent
on others. and asked the permission OF
the commission to put these rates into
effect in less than the statutory limit,
which would require them to nle with
the commission tariffs containing the
increased rates May 3.
Commissioner Clark declared that
under the law he believed if the roads
intended to increase the rates it would
be necessary to have the tarins on
file thirty days in advance or their
effective date, which, in this case. If
the southern lines wanted them to take
effect with the so-called Cummins law,
would mean they would nave 10 De
filed with the commission by. May g.
The Cummins law provides that
after June 3, 1915. it shall be unlaw-
full for the railroads to limit their
liability for loss or injury to ship
ments. At present the railroads have
one rate. which is the generally ac-
cepted rate on all shipments. which
limits the liability for damages. If a
shipper refuses to accept this UNIFORM
rate and requires that the carrier
stand the full liability for loss or in
jury to shipment, then an increase
of 10 per cent in the uniform rate is
applied.
Commissioner Clark Wants Light.
In the course of the afternoon ses-
sion, when the shippers were giving
their views, Commissioner Clark ap-
parently saw that the commission was
not getting views based on study
and analysis of the law. and he frank
ly stated that he would like for some
one who had thoroughly analyzed the
LEGISLATION to tell just what the act
prohibits.
He particularly asked for light on
that part of a provision OF the law
dealing with the character" OF the
shipment He sought an explanation
from some one who had made a thor
ough analysis Of the matter as to what
goods" in that part of the law which
saws that IL the goods are hidden
from view by wrapping. boxing or
tilted as to the character of the
Writing sa.pbns the value Of the goods. and
the carrier Shall not pc llaoie peSo oiio
the amount so specifically stated. in
which case the interstate commerce
commission may establish and main
| tain rates for transportation, depend
emit upon the value Of the property
shipped as specifically stated IN writ
ing by the shipper.
Commissioner Clark declared that the
word character" as used there GER
tainly meant more than the common
name of the commodity shipped. On
that particular point he asked for in
formation, either in a statement or in
briefs. Both the shippers and carriers
were given until April 20 to file briefs
on the matter with the commission.
Alleged Ambiguity Of Law.
The law as passed by Congress was
declared to be ambiguous in many re-
spects, but Senator Cummins was alb
solved from all blame for this condi-
tion. the act as passed and the bill as
introduced being declared totally diff
ferent. owing to the numerous amend
ments which were tackled to it during
its passage through the halls of Con-
gress.
tional Industrial Traffic League, de-
clared that the roads were not entitled
to an increase under the new leg1sla-
ton, taking the stand that where there
are two or more rates in effect for the
same service the lower rate must ap
ply. in accordance with ruling Of the
interstate commerce commission. He
declared 1t to be his belief that the
carriers ought to be able to amend
their tariffs by June next, and said il
they did not do SO the interstate COM
merce commission had the right to
compel them.
c. H. Barbour of the same league at
tackled the proposal of the southern clas-
sification lines to increase their rates on
a 5 per cent basis. Each class of traffic,
he said, should be compelled to bear its
lust burden of the liability. and there
should not be blanket increase in rate.
He asked the question whether the rates
on hats and caps. stone and gravel, etc,
should be increased in order to meet some
prospective liability on dressed beef.
He asserted that the fair way for every
one would be for the railroads to operate
under their present tariffs for six months,
and then have the commission determine
what commodities should be forced to
bear an increase in rates.
Represents Individual Shippers.
Francis B. James, representing in
dividual shippers. declared that the
roads were not entitled to an increase
in rates, going back in his argument
to the English common law, on which
he cited a decision of Lord Mansfield,
in a case in England. decided in 1885.
which put the fun liability for injury
or loss of shipment on the carrier,
which in the case cited was wagon.
He declared that the intent and ef-
feet of the so-called Cummins law was
as il 1.-The pen of Congress June had
passed through the parts of the bill