Every evening, Wilmington daily commercial., 1922-02-25
.BUDD ADVISED ON
RAILROAD CLAIM
Tells Members Of Commerce
Chamber TO be Safe and
File Suits.

William r. Budd, secretary 81 The
Chamber OF Commerce, has Gent out
letters to all the members dealing
with claims FOR freight loas and dam
age durinR the period Of Federal rail-
road control. extension of time for nj
ing overchargo claim and extending
time FOR fling suits on awards of
reparation In this communication
he explains these subjects IN detail.
Mr. Budd says:
practically al claims for lass n or
damage 10 shipments which novel
during the period Of Federal control
y railroads viii De Outiawed February
! %, 1922, under ths two-year and one
day provision Of tho BIZ Of ladirR. We
strongly advise al members having
meritorious claims for iOas and dern-
/ age growing out Of shipments which
moved during the period Of Federal
control. 10 bring suits thereon prior
10 February g. 1922.
"If the United States Supreme Court
renders decision in the Leigh Ellis
case. reversing the decision of the
United States Circuit Court of APP
peals and affirming the decision of the
( Interstate Commerce Commission in
( the Decker case (J5 J. g. G., 453)
/ claims upon which CULTS have been
filed will be protected and then can
be prosecuted 20 judgment.
"On the other hand all claims upon
which suits have not been brought
win have become outlawed by reason
, NJ the two-year and one day prov'-
sion. and n favorable decision Dy N,
Supreme Court will not serve 10 revive
them. Members therefore have every.
thing to gain by bringing suit or
meritoriOus claims
THE passage Of House biIl no. s9o'
on February 20. and the concurrenc'
, by the Senate in the House amend
rnents on February 81. extending tn
time for hling all overchsrge claim
2 % September !. 1922. and the time 20
- tringing suits on awards u repsrs
2 eion. for one year after the date of n
order Of tho commission, does no
: touch this question.
2 THE two-year and one day provi
p sion Of the bin of lading involved 4
tho Leigh-ElIis case IS entirel
separate and distinct from the amend
- ments 20 the TRANSPORTATION act, pro
y vlded for IN H. r. 990S Member
J.. should not be confused on this poin
q Suits upon all meritorfous claims "a
loss or damage 70 shipments whic
Z raoyed during the period of Feder'
= control must be brought before Fehry
- airy %. 1922. regardless ot the legi'
y lation Just enacted II legal rights
these claims are 70 be preserved
In connection with claims agsin'
he American Railway Express Cc
which arose during the period of Fst
y eral control. the United States Rai
y. road Administration has ruled that a
~ claims must be paid or otherwise Ill
posed Of on or before midnight, Febr-
ary q. 1922, and claimants must brfr
suit prior 20 February 70 on all setti.
% claims in order TO preserve their ,eg
" rights.
~ Notwithstanding ne previous q
cfsion OF the American Railway F
"a press Company that It would not a
~ tempt TO take advantage OF this p
-, ing 10 defeat claims, the United stat
"a Railroad Administration positively W
~ decline % permit any settlement
- ~ be made after February %.
= We are not prepared 20 adv,
4 members that the United States Pa
n road Administration cannot sta
successfully on It's ruling. but we
urge that members take the 50
ia- course. and wherever possible. file 4
81 mediate suits