HARDWOOD RECORD 



37 



KATES, ETC. 



The question of publishing a railroad rate 

 sheet has been brought up trom time to time, 

 and while such a publication would considerably 

 increase the expense of the bureau, it could, in 

 my opinion, be satisfactorily handled, provided a 

 sufficient number of our members would indicate 

 their interest in the project. While, I believe, 

 there are four or five rale books or sheets now 

 lieing issued, we could, no doubt, get out such a 

 liublication as would prove of great beneflt to 

 our members. 



During the past year we have checked up and 

 quoted about 1,000 rates. We have also suc- 

 ceeded in securing some desirable water rates 

 on cypress from Xew Orleans milling points. 

 Our flies of lumber tariffs are kept right up to 

 date and we respectfully invite more inquiries 

 from our members. The general correspondence 

 of the bureau has greatly increased during me 

 past year, and the inquiries from members cover 

 a wide range of transportation subjects, includ- 

 ing Interstate Commerce Commission ruling and 

 court decisions. 



In conclusion I would state that our rela- 

 tions with the railroads are ver.v agreeable and 

 we earnestly invite those members who are not 

 taking advantage of this department to do so, 

 thereby cooperating with us to the end that we 

 may increase the scope of the Transportation 

 Bureau and accomplish more and greater results 

 in the future. Respectfully submitted, 



W. II. PHirPEX, Traffic Manager. 



B, Franklin Betts, chairman of the Com- 

 mittee on Legislation g.ave the following de- 

 tailed report of that committee: 



Annual Report Committee on Legislation 



Your committee ou legislation has not been 

 overburdened with work, though many interest- 



.JOHN L. ALCOCK, EALTI.MORE, CHAIRMAN 

 COMMITTEE OX HARDWOOD INSPECTION 



ing matters have claimed its attention and re- 

 ceived its best thought. The year 1909 has been 

 a "trying-out" period, and little new legislation 

 seems to have been inaugurated. This was to 

 be expected after the flood of reformation at- 

 tempted in 1907 and 1908, and even now, while 

 business is improving in all branches of trade, 

 ours among the rest, in spite of intense activity 

 on the part of investigators and reformers, 

 there seems a halt in the general resumption of 

 activity pending decisions by the higher courts 

 on questions involving certain phases of trust 

 laws, railroad legislation, decision of the In- 

 terstate Commerce Commission, etc. 



Of recent legislation the new corporation tax 

 law has probably received the most adverse 

 criticism from mercantile concerns. We have 

 received no direct complaints from our members, 

 and so have not been particularly active in 

 measures looking for relief from its many un- 

 fair ex.ictions. but our committee was ably rep- 

 resented by C. F. Wiehe of Edward Hines Lum- 

 ber Co., at a convention of representatives from 

 business, manufacturing and commercial organi- 

 zations in all parts of the United States, called 

 by the Illinois Manufacturers' Association of 

 Chicago and held in that city, .January 14 last. 

 The judgment of that convention was that the 

 law as framed infringes on the sovereignty of 

 the various states, discriminates between indi- 

 viduals or copartnerships and those operating 



as corporations, and is especially obnoxious by 

 reason of the publicity which the law would 

 give to corporation business, whose reports 

 "shall be died and shall constitute public records, 

 and be open to inspection as such." The con- 

 vention unqualifledly endorsed the efforts being 

 made for the absolute repeal of the law as evi- 

 denced by H. R. bill No. 14,545, prepared by Mr. 

 Southwick, M. C, and also approved of il. R. 

 bill No. 17,504, Introduced by Mr. Coudrey to 

 extend the time allowed for filing schedules and 

 returns from March 1 to May 1, and to repeal 

 that part of the law requiring or permitting 

 publicity of such records. Both these bills arc 

 now before the Committee on Ways and Means 

 of the Ilouse of Representatives, and the con- 

 vention appointed a committee of eleven to 

 carry out the spirit of the conference and 

 even to test the constitutionality of the law if 

 deemed advisable. 



In September last we were asked by the Illi- 

 nois manufacturers' Association to bear a pro- 

 portionate share of the expenses in a proposed 

 action in several western states — namely. South 

 Dakota, Kansas and Oklahoma — to test the con- 

 stitutionality of the unusual Foreign Corporation 

 Statutes which exist in those states. These 

 statutes, it valid, it was stated prevent the use 

 of the courts in those states in the collection of 

 claims for goods sold by corporations of other 

 states unless the latter shall comply with very 

 unusual demands before securing permission to 

 dc. business and sue and be sued in those states. 

 Your committee at once undertook to gather the 

 experience of many of our members presumed to 

 be doing business in that section by circular 

 letters asking for detailed information, with the 

 result that of thirteen firms addressed located 

 in states trom llliirois to California and Wash- 

 ington and from Michigan to Louisiana, five 

 recommended that our association should lend 

 its moral and financial support to the proposed 

 action on the part of the Illinois Manufactur- 

 ers' Association ; two firms voted "no" on the 

 question and the balance seemed not interested 

 in the proposal. Our recommendation to the 

 trustees was, that not being familiar with the 

 oppressive laws referred to, we were reluctant 

 10 recommend our association entering into liti- 

 giition which would not interest a great many 

 u.emljers ; nevertheless believing in the senti- 

 ment that we should support every good business 

 movement we left it to the Board of Trustees to 

 decide wliat action should be taken. During 

 this correspondence we received a suggestion 

 trom one of our members which we think worthy 

 of repetition, viz. : 



"Anticipating some such difficulty as this, our 

 terms of sale, among other conditions include 

 the following : 'All sales are made f. o. b. mill 

 with freight allowed to destination,' which pro- 

 tects us in a measure against such adverse legis- 

 lation, making the contract subject to our local 

 laws and which would allow us to bring action 

 in the federal courts in case of any necessary 

 litigation." 



We recommend that the Board of Trustees 

 make further investigation along this line 

 through our association counsel for the infor- 

 laation of members at large, but we have not 

 been advised what action, if any, was taken. 



Our association having been invited to send 

 delegates to attend a convention called by the 

 National Civic Federation on the subject of 

 Uniform Legislation, this committee was re- 

 quested to be present at its sessions, which 

 were held in Washington, D. C, January 17, 

 IS and 19, and your chairman can attest how 

 deeply he was impressed by the importance of 

 the subjects there considered. The National 

 Civic Federation has on its Executive Council 

 such men as President Wm. H. Taft, Senator 

 Elihu Root, Hon. Seth Low, Archbishop Ireland 

 representing the pul>lic, Messrs. August Belmont, 

 \V. C. Brown, Geo. B. Cortelyou representing 

 employers, John Mitchell and others represent- 

 ing wage-earners, and the conference was pre- 

 sided over by the Hon. Alton B. Parker. This 

 federation has undertaken the subject of Uni- 

 form Legislation covering such matters as Com- 

 mercial Law, Collection of Bills for Merchan- 

 dise, Labor Laws, Conservation of Natural Re- 

 sources, Marriage and Divorce, Reform Simplicity 

 and Economy in Court Procedure, Employers 

 Liability and Workmen's Compensation and even 

 State Supervision of Forests in Private Owner- 

 ship. Other organizations, such as the Ameri- 

 ..-an Civic Association, the Conference of State 

 <lovernors, the Commissioners on Uniform State 

 Laws, etc., are working along the same lines of 

 thought, and it seemed to be the consensus of 

 opinion that if uniform state laws on these sub- 

 jects can be made, it will materially relieve 

 the national government from passing many 

 bills covering interstate matters that at present 

 seem necessary unless the states themselves will 

 act uniformly. Your committee .addressed a let- 

 ter to the "chairman of the Commercial Law 

 Committee of the federation on the subject 

 of the pressing need of Uniform Collection 

 Laws, stating that the matter is of so great 

 importance to all corporations and individual 

 business men doing interstate business, that it 

 should claim the attention of the conference or 

 that it should be referred to a committee for 



consideration, and among the resolutions 

 adopted by that conference was one recognizing 

 the need for radical changes in the administra- 

 tion of the law, both in criminal and civil 

 action, and a committee of fifteen on Reform 

 in Legal Procedure was appointed with in- 

 structions to cooperate with the Committee of 

 the American Bar Association to suggest reme- 

 dies and formulate proposed laws to prevent de- 

 lay and unnecessary cost in litigation, and to 

 use the influence and the power of the National 

 Civic Federation to simplify and expedite judi- 

 cial procedure. 



On the subject of Employer's Liability and 

 Workingmen's Compensation, the conference 

 was addressed by Mr. August Belmont of New 

 Y'ork and Mr. Geo. M. Gillette of Minneapolis, 

 both agreeing that some reasonable uniform law 

 should be adopted in each state to protect em- 

 ployers on one hand from unreasonable claims 

 on the part of injured emploj-ees and on the 

 other hand for such reasonable compensation to 

 workingmen and definition of their rights when 

 injured in the performance of their regular 

 duties as would not be unfair to the employer. 

 It was suggested that this might be covered on 

 a cooperative insurance plan. The subject is 

 a very important one and merits our most care- 

 ful consideration. 



We feel also the matter of state supervision 

 of forests in private ownership is particularly 

 interesting to those of our association who are 

 manufacturing lumber. Already the supreme 

 court of Maine has rendered an exceedingly im- 

 portant judicial decision. On March 10, 1908, 

 in response to questions as to the right of the 

 legislature to restrict the cutting of trees on 

 private land for the prevention of droughts and 

 floods, the preservation of the natural water 

 suppl.v, etc.. the Maine supreme bench set forth 

 unequivocally the principle that the property 

 rights of the individual are subordinate to the 

 rights of the community, and may properly be 



W. E. DELANEY. ONE OF THE HOSTS 



curtailed by state restrictions. And the supreme 

 court of the United States, in an opinion ren- 

 dered April 6, 1908, adopted a similar view, viz. : 

 "The state as quasi sovereign and representative 

 of the interests of the public has a standing in 

 court to protect the atmosphere, the water, and 

 the forests within its territory, irrespective of 

 the assent or dissent of the private owners of 

 the land most immediately concerned." 



It seems to us tlte lumber manufacturers of 

 this country should realize at once that the time 

 is coming when I hey may have to assert their 

 rights and protect their interests by preventing 

 unreasonable legislation on this subject, and it 

 cannot be discussed without involving the very 

 important question of taxation. The burdens 

 placed upon timberland owners now by exces- 

 sive taxation and interest charges should not be 

 increased by any state supervision unless the 

 state on its part is willing to cease taxing an- 

 nually a crop which matures but once in three 

 or four generations. 



The National Civic Federation adopted a reso- 

 lution endorsing the conservation of American 

 forests and suggested "the effective handling 

 for forest land in private ownership depends 

 mainly upon uniform state laws providing for 

 right methods of forest taxation and for the 

 protection of forests from fire" and this subject 

 was referred to the Commission on Uniform 

 State Laws. 



