426 IOWA DEPARTMENT OF AGRICULTURE 



How has the Director General defied the law? The day after tlie 

 armistice was signed, in November, 1918, Mr. McAdoo issued General 

 Order No. 57, which was as follows: 



"UNITED STATES KAILKOAU ADMINISTRATION 



"General Order No. 57. 



"Claims on grain shipped in bulk constitute a large proportion of loss 

 and damage claims. Some of the widely varying practices of both ship- 

 pers and carriers with respect thereto are of doubtful propriety, and in 

 many cases result in undue preference and unjust discrimination. 



"This condition may be attributed largely to the great number of in- 

 tricate factors entering into the grain business; the condition of scales 

 and weighing practices, which, in many instances, result in weights of 

 doubtful accuracy. Grain in bulk is sometimes loaded at large terminal 

 elevators, where so-called official weights are obtained; in other in- 

 stances, at country elevators, where weights are obtained on small scales 

 in many drafts, and in other instances where scale weights are not used, 

 but loading weights otbained on measurement basis; and at some points, 

 where no elevators are located, grain is weighed over wagon scales, loaded 

 into cars, and the sum of tlie wagon scale weights used to represent the 

 amount shipped. 



"Destination weights are arrived at in as many different ways as the 

 loading weights, but, as a general rule, the bulk of the grain shipped is 

 destined to terminal markets, where official weights are secured, and 

 the differences between these loading and destination weights constitute 

 the basis of claims, although losses resulting from the taking of samples 

 for inspection purposes and the failure of consignee to unload all the grain 

 and other wastage, over which the railroad has no control, are not taken 

 into consideration or accounted for. 



"In view of the foregoing, there is no good reason why carriers should 

 assume responsibility for claims, the basis of which is solely the differ- 

 ence between these loading and out-turn weights. 



"Therefore, 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 considered 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 the following rules shall apply until superseded by others that may be 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 a result of investigation and study of the subject now being 

 carried on by carriers and shippers in connection with the Interstate Com- 

 merce Commission. 



"At the present time there is lack of uniformity in the disposition of 

 grain claims. One purpose of these rules is to clear up this present situa- 

 tion and dispose of promptly such claims as come within these regula- 

 tions. 



"Rule 1 — Selection of Cars for Loading — Suitable cars will be fur- 

 nished for bulk grain loading. (See definition.) Definition — ^A suitable 

 car for bulk grain loading is one that is grain tight and fit or can be made 



