The Coconino sun., 1916-03-03
WOULD MAKE RAILROADS
 RESPONSIBLE FOR. ERRORS
The Coconino Sun,
 Flagstaff, Arizona.


 Gentlemen:--Wh the present
 Congress is considering certain bills
 having for their purpose the codifca-
 tion, revision and amendment of the
 laws relating to common carriers of
 interstate and foreign commerce, l
 am of the opinion that the time is
 propitious for the introduction of
 bill that will give to the public relief
 from an abuse that has grown up un-
 der the present law as it has been
 construed by the courts and the In-
 terstate Commerce Commission,
 whereby parties legally liable for
 charges in the transportation of pro-
 perty are required, weeks, months or
 even years after delivery of ship
 ment, to pay an additional sum over
 the amount demanded by the carrier at the time of delivery.
 The law, as it has been interpreted by the courts and the Interstate Com merce Commission, holds that pub lished tariffs speak with equal author ity to the shipper and the carrier and that both are equally chargeable with notice and knowledge of the rates. am not, and have never been, in hearty sympathy with the construc- tion. Insofar as it intends to prevent indirect rebates and discrimination, it is, of course, commendable, but, in my opinion, such prohibition may be ac- complished by holding the carriers to strict accountability for failure to ad- here to the published tariffs. A law prescribing suitable penalty for negligent or wilful failure on the part of the carrier would fully meet the demands and safeguard the interests of the public.
 I am assuming that the successful | merchant turns his goods at least three times year. On this theory, the consignment on which he pays | freight today will have been disposed | of within four months. To his cost price he has added the freight charges and a reasonable margin of profit and | on this basis has made his sales. It | would be folly to suppose that there after, in the event of demand by the | carrier for additional freight charges, the merchant could go to his customer, the ultimate consumer, and against | whom, in its final analysis, the charge should lie, and collect from him his pro-rata of the deficit. Therefore the full burden of the loss must fall upon the merchant and his legitimate earn ings reduced to an unprofitable mar gin or perchance entirely wiped out. That the law should be so framed as to permit the infiiction of such an in- justice is regrettable, and that it should specifically require it is inde- 
 The Federal and State Courts and the Interstate Commerce Commission have with unanimity of accord held that the carriers shall not be required to perform and service at less than the so-called "out-of-pocket cost" in- 1eed, they require that each and every service must return a reasonable per ,entage of profit on the investment and for the service performed, in order that no department be taxed to maintain another.
 Why should not the same degree of solicitude be exhibited in behalf of he mercantile interests? Is it not to suppose that if, because ,f the incompetency, indifference or neglect of the,railroad representatives, .he merchant, months after delivery of shipment, and after it has been sold on the basis of the freight charges collected at the time of de- livery, shall be required to pay an ad- litional sum, he must add the amount himself and the latter wcvld be an even greater injustice.
 The average merchant has neither the time nor the opportunity to ac- luire proficient knowledge of the .ariffs that affect his business. Many tariffs are so complex and technical that even traffic experts fail to cor rectly interpret them. This being rue, it is unjust and unreasonable hat the merchant should be held re- 'ponsible for the application of erro- leous rates.
 The local agent of the carrier is presumed to be conversant with tariff md rate matters. The Auditors office ,as force of trained experts whose luty it is to check the billing, detect md correct any errors that may have been made by the local agent. With proper attention this should be done within two or three weeks after deli