HARDWOOD RECORD 



39 



master car builders' rules, which would increase 

 the already enormous expense of these stakes to 

 the shipper. 



This would not be an expensive proposition : 

 only attorney fees and cost of taking testimony. 

 It is the unanimous opinion, however, that if 

 deemed advisable to asiain take this matter be- 

 fore the commission, that the complaint should 

 be filed only after the committee is fortified by 

 having the necessary cash to defray the expense 

 in hand. 



Respectfully submitted, 



F. R. B.\BCOCK, ChairnLin. 



W. S. Phipjien then presented his report as 



traffic manager of the association, as follows: 



Report of Transportation Bureau 



I will endeavor to outline the workings of our 

 Transportation Bureau during the past year, 

 touching briefly upon the topics of general in- 

 terest. 



One of the main features of our bureau is the 



collection of disputed railroad claims and for the 



past twelve months our report is as follows ; 



380 claims on hand March 1, 1910..$ 0,990.45 



672 claims received during the year. 10,541.28 



1,052 Total handled $20,531.73 



DISPOSITIOK 



382 claims collected $6,275.83 



154 claims not presented to 

 carriers, but returned 

 to members with advice 

 that they were unten- 

 able 2,480.53 



48 claims withdrawn 1,255.27 



■ —$10,011.63 



584 



468 claims remaining unsettled 



March 1, 1911 $10,520.10 



During the past year we have been obliged to 

 file with the Interstate Commerce Commission 

 twenty-five complaints, both formal and informal. 

 and in twenty-one cases decided up to the pres- 

 ent time reparation has been awarded in our 

 favor. 



General \vork 

 While the investigation and collection of rail- 

 road claims may be considered an important fea- 

 ture of the bureau, nevertheless, where any 

 «rror or overcharge is promptly brought to our 

 attention we endeavor to have it adjusted be- 

 fore the payment of the freight charges, there- 

 by avoiding the necessity of filing claims. In 

 this respect we have been very successful, the 

 aggregate saving to a number of our members 

 amounting to many hundreds of dollars. This in- 

 cludes instances where cars were held under 

 demurrage owing to erroneous notifications, fail- 

 ure to observe routing, errors in rates, etc. 



Our general correspondence has greatly in- 

 ceased and more members have availed them- 

 selves of the services of the bureau than during 

 any previous year. This correspondence em- 

 braces a wide range of transportation subjects, 

 such as carriers' liability for misquotation of 

 rates, carriers' right to demand undercharges 

 on old shipments, to charge for transshipping, 

 switching arrangements and deliveries at various 

 terminal points, etc. A number of dela.ved ship- 

 ments have been located and traced, other cars 

 diverted and reconsigned, over 2,000 rates have 

 been quoted, and a number of desirable rate 

 adjustments secured. 



In order to acquaint our members with various 

 decisions, rulings of the Interstate Commerce 

 Commission, and facts of interest to them, we 

 have undertaken the publication of a pamphlet 

 entitled "Freight Items." Up to the present 

 time two issues have been published and dis- 

 tributed, and a third issue is under way. 

 Rate Hearings. 

 Your traffic manager has also devoted consid- 

 erable time to the consideration of the much 

 discussed proposed increase in freight rates and 

 was in constant attendance at the eastern rate 

 hearings held in New York. As you are un- 

 doubtedly aware, the Interstate Commerce Com- 

 mission rendered their decision in favor of the 

 shippers on Thursday, Feb. 23. 



Car Stake Allowances. 

 Considerable time has been devoted to the 

 investigation of shipments loaded on flat and 

 gondola cars, with the view of determining 

 whether the car stake allowance of 500 pounds 

 is being made as provided foe in the various 

 lumber tariffs. Out of 1,600 shipments, made 

 by possibly half a dozen members, we found 

 that the allowance had not been made on 75 

 per cent, or approximately 1,200 cars. These 

 overcharges amounted to $157. This leads us 

 to believo that there must be a number of mem- 

 bers who are not receiving the benefit of this 

 allowance, and we therefore suggest that they 

 keep a strict check on their freight bills. 

 Lighterage Deliveries in Xew York. 

 There has been considerable complaint regard- 

 ing the shortage of lumber from lighterage ship- 

 ments in Kev.' York harbor. Shipments con- 

 signed to New York for lighterage delivery are 

 unloaded from the car to canal boats or lighters, 

 which are towed to the different delivery points. 

 A number o£ shipments are loaded on each boat 



and as considerable time is occupied in making 

 delivery, there is an excellent opportunity for 

 loss or pilferage from the boats. It has fre- 

 quently been asserted that some of the captains 

 and employes are in league with go-betweens and 

 other irresponsible parties, and while I believe 

 the carriers arc doing their best to eradicate 

 this evil, nevertheless it continues. As claims 

 for such shortages are frequently declined on 

 the ground that the lumber was nol tallied until 

 delivered in consignee's yard, thereby affording 

 an opportunity for loss between the boat and 

 the lumber yard, we suggest that shippers insist 

 upon the consignees tallying their lumber over 

 the rails of the boat, thereby placing them in 

 position to submit positive affidavits in case of 

 shortage. 



Last fall your transportation bureau undertook 

 to secure the restoration of the 34,000 pound 

 minimum on eastern water competitive shipments 

 which the carriers had previously increased to 

 40,000 pounds. This increase affected ship- 

 ments originating at points in the Virginias, 

 Carolinas, Georgia. Florida and certain points in 

 Alabama, when consigned to what is known as 

 eastern and New England water competitive 

 points. The reasons advanced by the carriers 

 for this increase were that lath and box shocks 

 had been included in these tariffs and that 

 inasmuch as these water competitive rates were 

 from one to four cents lower than the regular 

 rates, the carriers had to he guaranteed heavier 

 minimums if the rates were to be continued. 

 While shippers, as a rule, are perfectly willing 

 to load cars to their fullest capacity, yet it was 

 obviously impossible for them to load certain 

 kinds of lumber and forest products to a 40,000 

 pound minimum in the average equipment which 

 was being furnished by the southern lines. We 

 were therefore prepared to carry our case to 

 the Interstate Commerce Commission if neces- 

 sary, but after much correspondence and several 

 interviews with the railroad representatives, we 

 succeeded, without disturbing the rates, in hav- 

 ing the 34.000 pound minimum restored on all 

 lumber shipments and a note inserted in th? 

 tariffs providing for the 40,000 pound minimum 

 on timber, lath, shingles, shooks and cross ties, 

 but where the cars are loaded to their visible 

 capacity the actual weight shall be charged, but 

 not less than 34,000 pounds. In addition to the 

 members of the association, over 400 lumber 

 shippers who are not members, but who were 

 affected by this increase, were kept fully ad- 

 vised of the progress of our negotiations with 

 the carriers, and the many letters we have re- 

 ceived clearly indicate that our success has re- 

 sulted in a large saving to all shippers affected. 

 Estimated Weights. 

 One of the most important questions which 

 we have before us at this time is the track 

 scaling of lumber shipments and the collection 

 of claims for overcharges in weight. There ap- 

 pears to be a great deal of dissatisfaction among 

 shippers over the methods employed by the 

 various railroads and weighing bureaus, both in 

 the assessment of weights and in the investiga- 

 tion of weight claims, and such claims based on 

 an estimate or an approximation are becoming 

 more and more difficult to collect. On a claim 

 lor 10,000 pounds overcharge in weight based on 

 an estimate, the Interstate Commerce Commis- 

 sion rendered the following decision, December 

 5, 1910: 



"The weight of past shipments suggests prob- 

 ably a greater element of uncertainty than most 

 questions of fact we are called upon to deter- 

 mine. The shipment itself is gone, and ordinarily 

 a reweighing is therefore impracticable or im- 

 possible. Actual scaling of necessity ordinarily 

 should govern, and positive evidence of defective 

 mechanism, clerical error in recording, or other 

 inaccuracy should clearly appear before there 

 can be substituted an estimated basis for a 

 weight that prima facie must be accepted as 

 correct. To hold otherwise, in addition to af- 

 fording greater opportunity for discriminatory 

 practices, would be to sanction a system of 

 weights as variable as the commodities them- 

 selves or the views of different shippers based 

 on their individual observation and experience. 

 This, of course, to say the least, could lead only 

 to confusion. The secondary evidence intro- 

 duced by complainant we do not deem sufficient 

 to establish that this shipment was not properly 

 and accurately scaled ; and the comjplaint will 

 therefore be dismissed." 



The same date, on a similar claim for over- 

 charge of 4,500 pounds, being difference between 

 the net weight ascertained at point of shipment 

 and that taken at destination, the commission 

 awarded reparation in favor of the complainant 

 on the ground that a reasonable estimate or ap- 

 proximation, based upon the available facts, 

 marks the limit of endeavor in dealing with 

 the weight of past shipments, and stated that 

 while the scale weights ordinarily should govern, 

 a variation in separate scallngs of a particular 

 shipment necessarily points to error. Therefore, 

 assuming that both scales were in good working 

 order, the commission must be aided by the 

 other facts of record, and applying that sug- 

 gestion, found that complainant was entitled to 

 reparation. 



Now, I believe we are all aware that there 

 is plenty of opportunity for the assessment of 



incorrect weights, yet it is practically impos- 

 sible for a shipper to produce evidence of de- 

 fective mechanism or of even a clerical error in 

 recording, as he is at the mercy of the carrier. 

 Track scales can and do get out of order, fre- 

 quently the weighing is done at night, in bad 

 weather, ft'hen the car is not cut loose from the 

 train or by an incompetent weighman. In the 

 northern part of the country we have to contend 

 with snow and Ice during the winter months, 

 which will sometimes make a difference of sev- 

 eral thousand pounds, but in many instances no 

 allowance is made. Therefore, if estimated 

 weights are to be considered only when cars 

 have been scaled at least twice in transit, and 

 then as secondary evidence, I suggest that action 

 be taken towards having every carload of lumber 

 weighed at least twice in transit and insist on 

 the scales being perfectly balanced and the cars 

 cut loose and standing still when the service is 

 performed. We have found that very frequently 

 in weighing shipments, tare weights are applied 

 that have been taken some years previous to the 

 date of scaling. In the meantime, the car ma.v 

 have undergone some repairs. As the master 

 car builders' ru!es provide for the reweighing 

 and restenciling of cars at certain intervals and 

 also after repairs have been made, I believe this 

 lule should be strictly enforced. This course 

 should result in the elimination of many of the 

 wei,ght claims with which we now have to deal. 

 In conclusion, I wish to state that the work 

 of the transportation bureau is constantly in- 

 creasing, both in scope and volume. A number 

 of our members have come to rely on us for 

 rate quotations, numerous matters are investi- 

 gated and hundreds of requests for information 

 on various subjects are received. While the 

 number of claims increases, it seems to be our 

 lot to receive largely those which have already 

 been refused by the carriers and while we do 

 not wish to appear to invite trouble, we earn- 

 estly request those members who have not made 

 use of the bureau to do so whenever you feel 

 that we can be of service to you. 

 Respectfully submitted, 



W. S. Phippin, Traffic Manager. 



The meeting was then adjourned until the 

 next morning. 



THURSDAY MORNING SESSION 



The association again came into conference 

 at 11 a. m. The first matter taken up was 

 the report of the Committee on Trade Ethics 

 and Terms of Sale, made by F. S. Underhill, 

 chairman. The gist of this report follows: 

 Report of Trade Ethics Committee 



The Committee on Trade Ethics held no 

 formal meeting, but the chairman has been 

 in communication for several months with 

 the various members, submitting a number 

 cf propositions for their approval. The Code 

 of Ethics, which was revised and adopted by 

 the American Lumber Trades Congress in 

 June, 1909, has already been indorsed by the 

 National Wholesale Lumber Dealers' Associa- 

 tion. This code, the report says, expresses in 

 concrete form the sentiment and conviction 

 of broad and fair-minded men as to the prin- 

 ciples which should govern buyer and seller; 

 consignee and shipper in connection with the 

 placing and cancelling of orders; terms of 

 sale, to be recognized in cases where no spe- 

 cial terms are agreed upon ; responsibility re- 

 garding delays in shipment or transportation; 

 rules for transit and storage shipments, trade 

 relations and the estimable principle of arbi- 

 tration. The report tells of the conference 

 called by the president of the congress at St. 

 Louis in December of 1910 with a view of dis- 

 cussing objections to some features of the 

 present code. Recommendations, it is said, 

 were made at that time with a view of revis- 

 ing certain portions to bring about an un- 

 qualified indorsement from all sources. These 

 changes in the Code of Ethics were then sub- 

 mitted by the committee with the recom- 

 mendation that they be indorsed. 



The committee recommended the following 

 preamble to the constitution to the American 

 Lumber Trades Congress: 



Article 2. The object of this organization 

 shall be to formulate and recommend the 

 statement of the ethical relations which 

 .should govern between buyers and sellers of 

 lumber and its products. But nothing in the 

 Code of Ethics should In any way interfere 



