Imágenes de páginas

to prosecute an issue for him when he has no case at all; and on the other hand, the carriers often decline claims when, under the law, they have no right to do so. A thoro analysis of the classification in this book will enable the department to handle loss and damage issues intelligently, and to avoid many of the expensive leaks that occur under the present hit or miss plan.


Loss and Damage Claims is the work of Mr. H. C. Lust, of the Chicago Bar. The statement in the author's preface to the work indicates its scope and purpose:

The book is prepared as a guide to the traffic man in the settlement of loss and damage claims. While care has been taken to support the various principles with citations of cases, they are intended to be illustrative rather than exhaustive.

An endeavor has been made to examine the entire law and to state only such principles as, in the opinion of the author, will be sustained in the federal courts. It has been deemed advisable to emphasize by repetition certain important principles.

An attempt has been made to create a simple classification following the course that a shipment naturally takes; thus, the liability of the carrier when it first receives the shipment, the liability during transit, the liability after arrival, seems to be the natural method of treating the subject.

In the appendix, will be found printed the three federal laws with which Congress has occupied the field of loss and damage claims, namely, the Cummins Amendment, the Twenty-EightHour Law, and the Bill of Lading Act.

Attention is called to the fact that on account of new legislation which undoubtedly will be passed in the future, and new decisions, the principles enunciated will necessarily change in the course of time. The law of loss and damage claims will be kept down to date by quarterly supplements known as the Loss and Damage Review. These, coming out every three months, will constitute a current quarterly textbook of the law.


The work regarded by many of the foremost traffic men as the leading authority on the liability of carriers in the discharge of their duties as common carriers is Hutchinson on Carriers.

It is frequently cited in court decisions wherein such issues are involved.

The various incidents of transportation, such as the delivery to the carrier, the carrier's duty to transport, the carrier's liability as warehouseman, the bill of lading as a contract are treated at length in a somewhat simple style readily understood by men of average intelligence. It includes also material on water carriers. It is one of the more expensive books, but is a valuable addition to the traffic department library.

Similar works are those of Miche on Carriers, and Moore on Carriers.


Fuller on Interstate Commerce is a work which has to do with the Act to Regulate Commerce as it has come to the Supreme Court for review. The points involved rest largely on the jurisdiction of the Interstate Commerce Commission, the confiscation of property without due process of law, and the commerce clause of the Constitution.

In his introduction to this work, the author states that the literature of the subject, both political and economic, as well as legal, appears to be well-nigh inexhaustible, yet there seems room for a further discussion of certain features of the Act to Regulate Commerce.

The findings of the Interstate Commerce Commission to date fill some forty-odd volumes. The decisions of the lower federal courts upon this act are only less voluminous. On the other hand, the decisions of the Supreme Court, which constitute the last word on the subject, have often not been treated by writers on this subject with a due measure of importance.


The concern should also make an effort to secure copies of the State Public Utility Commission reports of the state in which they are located. Many important cases come before such tribunals and a perusal of the decisions and orders entered will often be suggestive of some line of action on similar cases that may be pending.

In conclusion, lists of works on railway economics and transportation problems may be secured from booksellers from which selections may be made for addition to the departmental library.


Number of Tariffs-Individual Requirements-Request
Forms—Building Up a Working FileRequest Forms for
Rate Quotations Superfluous Issues — Supplements
Classification of Schedules: Division According to Roads,
Division According to Associations—Interstate Commerce
Commission Numbers.


The freight-rate schedules of transportation companies, or tariffs, as they are commonly styled, correspond with industrial catalogs, or price lists, since they set forth the kind and quality of service offered by the transportation company, and the varying costs attaching to each.

It is stated that at the present time there are in effect about 400,000 tariffs applicable on freight traffic that is being handled by our transportation companies. The application on points between which these schedules apply is, of course, confined to different sections of the country.

The number of tariffs applying from a given shipping point to various destinations thruout the country is inconsiderable as contrasted with the number of those in effect, and as a consequence the industry can quite easily maintain a tariff file which is well adapted to its particular requirements without a disproportionato expenditure. To accommodate such a number of tariffs and to make provisions for the storing of the superseded issues from time to time, if all of the tariffs are necessary, would require a building of considerable proportions for that purpose alone.

The Interstate Commerce Commission at Washington, D. C., is the only agency that attempts to maintain a complete file of all schedules that are or have been applicable on interstate traffic, and it does so because it is charged with that duty by the provisions of the Act to Regulate Commerce.


Transportation companies readily supply tariffs to bona fide shippers. Unfortunately, however, some of the shippers in the past have used lists of tariffs filed by the common carriers with federal and state authorities, and selected at random, numbers of tariffs which did not apply to their particular use, and then requested that they be used by the carrier. For this reason, publications are not distributed now with as free a hand as heretofore.

An iron industry has no use for tariffs applying on live stock. A request to the tariff issuing officer for tariffs applying on nonallied traffic should usually be accompanied by the reason for its need.

The number of tariffs required depends upon the amount of traffic and whether the traffic be of a general or a specific nature. A firm specializing in rough iron work will not have need for as many tariff publications as a wholesale grocery jobber, since the specific tariffs on iron and steel articles will, for the most part, suffice to cover his shipments, whereas a wholesale grocer has need of both commodity and class tariffs.

« AnteriorContinuar »