Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-22
LBy Ora williams.]

Des 'Moines, May ga good deal
has been said in the papers recently
about the CumminS amendment to the
interstate commerce law and the Ell
fort to secure a raise In rates on per-
ishable classes of freight under cover
Of this amendment, with the final fall-
ure of this attempt: and 1t may De
worth placing on record again some
thing definite as to this much discussed
amendment. 1t has all been printed
before, but it is of such general inter-
est that it ought to be given in such
way that there could be no misunder-
standing. A good story OF the events
leading up to the suggestion of the
legislation found its way into the Con-
gressional Record a few years ago. TO
have the story complete one would
have to read some Of the decisions OF
the Iowa supreme court and Of the
United States supreme court. 1t was
fitting that the putting into federal
law the principle embodied in the
amendment should be credited to an
Iowa man, for the principle was for
many years in the statutes Of Iowa,
effective and enforced without protest
and without ever thought Of 1t hav-
ing the effect Of forcing raise IN
rates It was the injection of this Iowa
idea into interstate business that fin
ally brought about action. And con-
gress had to take a second bite at the
Job before it was done right. The full
credit for the amendment belongs to
Senator Cummins. After his measure
had been introduced a number of 9TH
ers were offered but it was his amend
ment that was finally put into tho
bill. 1t will be recalled that he got 1t
thru the senate a year or two ago but
the house leaders refused to permit 1t
to be taken up as separate bill in the
house. That Is why it was carried into
the law as a part Of another bill.
There was put into the Iowa statutes
a good many years ago a clause for
bidding Limitation Of liability on per-
ishable freight. 1t had especial refer
ence to livestock. A railroad company
could not go into court and prevent a
Judgment for actual value of property
lost or destroyed. The railroad COM
panies had had from time immemorial
clauses in their livestock shipping con-
tracts making certain limitations CT
liability, as $50 a. head on cattle and
SO a head on hogs, no matter what
might be the actual losses. The
clauses were put In when cattle and
hogs were not nearly so valuable as
now. Nobody objected. And the Iowa
law really had little effect for the rail-
road companies never enforced their
own rules and limitations and for many
years paid losses pretty much regard
less of the limitations. But in some
cases the limitations were enforced and
- lS11 $k1n
soundness Of the law forbidding such
limitations. The supreme court held
that the law was all right. The federal
supreme court held the same way. OF
course the law only affected shipments
in the state. Then it was carried to
congress to get federal law OF the
same kind, and this turned up In the
Carmack amendment to the law which
passed under the Taft administration.
Then, again, the Iowa law went on it's
way to Washington to be interpreted
and it was held that because the federal
government had exercised the power
which it might have exercised before
but didn't-the state laws all went by
the boards and were no good any
longer. Then, also, by one Of those
peculiar decisions which the layman
never can understand, the supreme
court held virtually that the -Carmack
amendment really meant exactly what
it was not intended to mean and le-
gaIized that which it was intended to
forbid Perhaps it did. Anyway 1t left
the situation great deal worse than
if congress had not monkeyed with the
game.
About this time, for the first time.
the railroads commenced to make use
Of their limitation clauses and rules
and regulations, and tho livestock ship
pers Of the entire west became much
alarmed. It was then that the Corn
Belt Meat Producers Association got
busy. Communication was had with
Clifford Thorne, In which was described
the hardship which followed the de-
cision Of the U. s. supreme court in the
Croninger cases in January, 1913. Mr..
Thorne suggested to Secretary Wallace
three courses that might be followed,
namely: First, try to get the west
ern classification committee to strike
out from the classification the clauses
attempting to limit the liability OF car
riers; second, to have bill introduced
in congress- analogous to the state