New-York tribune., 1919-01-27
Arbitrary Orders Made by
Former Railroad Director
General To Be Revised
Evasion of Law Charged
Rulings on Loss of Grain
and Suits for Damages
Most Severely Criticised
Ns'o York Tribune
Washington Bureau

eomplained of by shippers organiza-
Il lions in protest to the Senate Commit
4 toe on Interstate Commerce, are to be
modified
Announcement was made tonight by
officials of the railroad administration
that committee has been appointed
10 revise these orders. all of which
4 we're issued during the term of Will
ism G. McA loo as Director General
4 John H. Howard. manager of the freight
4 elams section Of the Railrad Adminis-
tration. has been named by Director
General Walker D. Hines to head the
i committee. and conferences with repre-
sentatives of the shippers have been
arranged.
The extent to which these orders had
gone in completely setting aside the
statutory and common law safeguards
4 for damage claimants against the car
4 riers was disclosed in the Senate com
mittee last week by Clifford Thorne,
representing various petroleum, grain
and livestock shippers. His recital
amazed members of the committee Mr.
Thorne will resume his testimony to-
morrow, and will be followed by coun-
sci for other shippers, equally out
spoken in their protests.
War Necessity Made Excuse
A: the Offices of the railroad admin
istration it was explained tonight that
the decision to modify the orders was
reached some time ago. 1t being real
lied that, with the signing of the
srmistice and the let-up of the war
strain on the railroads, reason no
longer existed for many of the arb
trary measures that had to be employed
during the war.
As matter of fact however, one Of
the bitterest complaints of the shippers
Of grain. as set forth before the Senate
committee last week by Mr. Thorne,
was issued by Director General McAdoo
November 26. 1918, fifteen days after
the signing of the armistice. 1t read as
follows:
Claims for loss of bulk grain will
be recognized only where there is
evidence Of negligence on the part Of
The carriers. Leaks due to improper
coopering Of cars or placing of grain
door boards are not to be idereH
as evidence Of negligence on the part
Of the carrier, and the following rules
shall apply until superseded by others
that may be adopted as q result OF
stigatlon and study of the sub
ject now being carried on by carriers
and shippers in connection with the
Interstate Commerce Commission"
na, rA'l H. lc.<
rules concerning selection Of cars for
loading rejection of cars by shippers,
oooperage. loading and unloading by
cHslgnor, cons !gnee or owner, shipping
weights, destination weights, leakage
or damage record, and claims on clear
and defective record cars.
Leaks Charged to Shippers
Paragraph (c) under the last head
provides that leaks over or through
gram doors and other leaks due to i'm
proper coopering by shipper shall not
be considered defects Tor which the
carrier is responsible"
Inc result Of hammer testing will
ho, be accepted as proof of loss" the
l-'es read al another part. The ship
p4rs contend that in attempting to
prsscrlbe what shall and shall not be
,5s rules o. evidence in damage claims
az NcAdoo set aside established prac-
tees Of the courts. hammer testing.
X Vas asserted, has been recognized
, Tor years as the method of locating
leaks developed through faulty CON
s'T1c.ion or breaks in the cars.
he1erence Is also made bv the ship
ts's 70 the following general orders,
an % and lsa, as completely upsetting
4egal rights Of damage claimants
ts.aohshed by statute and common
"l8. That all suits against carriers
Fnie under FcderaT control must be
D,osght in the county or district
were the plaintiff resides, or in the
county or district where the cause
" acton arose"
l'a Il Is therefore ordered that
81 g against carriers while un-
yer reoe-al control must be brought
me county or district where the
plaintiff resided at the time of the
@Scruel Of the cause of action or in
me county or district where the
'SaSe 81 action arose"
McAdoo Defence Cited
",r NcAdoc's defence Of these orders
- - ms annual report was that under
me .ns established practice Of permitting
ssoNs 70 be brought wherever the de-
h"1ehf carriers did business and could
(, 'ss'Yca, men operating trains en-
.@keo IN haul ng troops and war ma
''H's were being required constantly
~ 'ss'e incir work and attend court
- paces remote from the places where
e Plaintiffs resided, or where the
;rStse OF action arose The shippers
a-'fmed the Senate committee they
t,e IRE wiling TO admit some justihca-
s1 ,n ior the order in time Of war. bu.
/, Dus.y questioned the right TO keep
20 eHec; during peace time.
IN "n0tner order complained of wag No.
N which Mr. McAdoo directed that
."eeiorth suits could not be brought
p1hst the individual railroads under
!. 0eral control but against himgelf
"%s dated October %, 1918. and
feaa q, follows:
~ ~ therefore ordered that ac-
,phs al law, suits in equity and
S.eoescin2s in admiralty hereafter
s.DsKnt ~ any court based on CON
e1., 80 oinding upon the Director Gen
~ 81 Railroads, claim for death or
dl1fy 70 person, Or for loss and
n@sRe 10 property, arising since
- ,sfstshDer ~, 1917, and growing out
ne ppESezsioa, uec, control or on
,s@I'on of am railroad or system
transportation by the Director
..nefai of Railroads, which action.
t Or proceeding but for Federal
s','el s.ntel might have been brought
5sahst the carrier company, shall be
Df1pXat against Wtit;n,, r. Mai