THE NATIONAL NURSERYMAN 
295 
TRANSPORTATION REPORT 
By Charles Sizemore, Chairman of Transportation 
Committee. 
Uniform Classification of Freight 
Extract from report of the l titer state Commerce 
Commission 
“This subject is a question of great public interest, 
and it seems to be generally conceded that any effort to 
establish uniformity in classification ratings involves 
changes in rales upon practically all commodities mov¬ 
ing under class rates, ft would be revolutionary to es¬ 
tablish it at once and it can be brought about only in a 
very gradual way. About 65 per cent, of the recommen¬ 
dations of the Uniform Classification Committee have 
now been incorporated in the several classification pub¬ 
lications. 
The Commission has recommended in the past that it 
be given authority to require uniformity in classification 
matters. Rills proposing to confer that authority were 
considered in the last Congress. If the Commission had 
that specific authority, it could be exercised in such a 
way as to hasten the adoption of uniformity in those 
features as to which uniformity is most desired and as 
to which uniformity is conceded to be desirable, and. at 
the same time, in such a way as would not injure the 
interest of shippers or carriers.” 
Loss and Damage to Freight 
From Report of the Interstate Commerce Commission 
“Loss and damage to freight represents an economic 
waste, and the payments therefor increase the cost of 
transportation. For these and other reasons it follows 
that it is to the interest of the carriers, the shippers, and 
the general public that loss and damage to freight be re¬ 
duced to a minimum. This can be accomplished only by 
ascertaining and removing the causes. Stops in this di¬ 
rection have been taken by the American Railway Asso¬ 
ciation and the Freight Claim Association, and the Com¬ 
mission will lend its support to these efforts.” 
Who is Responsible for Freight Charges: 
Some nurserymen state they have been called upon to 
pay charges on shipments after they had been delivered 
to consignee at destination. This is a mooted question, 
but the Interstate Commerce Commission, also various 
courts, have ruled that someone is responsible to the car¬ 
riers for freight charges, and if not collected from con¬ 
signee they may be collected from the shipper. 
The following on this subject by the Traffic World 
may be of interest to Association: 
Consignee’s Liability for Freight Discharged by Action 
of Carrier. 
Pennsylvania. —Question: “We have just had freight 
bill presented to us covering a shipment which we made 
October 29, 1913, to one of our customers in the South 
to whom the transportation campany made delivery of 
shipment, evidently extending them credit covering the 
charges. On March 16, 1915, consignee entered into 
bankruptcy and today our local agent presented freight 
bill to us for $70 covering charges, requesting us to pay 
same, as they have been unable to collect from consignee. 
While we are aware that the Interstate Commerce Com¬ 
mission holds that both the consignee and consignor are 
responsible for the charges, we are of the opinion that, 
owing to the fact that this matter was not referred back 
to us within a reasonable time, in fact, not until after the 
consignee had entered into bankruptcy, that we should 
not now be held responsible for these charges. Will you 
advise il there have been any decisions on similar cases?” 
Answer: —It is the established purpose of the Inter¬ 
state Commerce Commission act to require common car¬ 
riers to collect, and shippers or consignees to pay, on all 
shipments covered by the interstate law the exact amount 
covering such shipments as is lixed by the schedule of 
rales liled with and approved by the Interstate Commerce 
Commission. Neither does this act prohibit the carrier 
from giving credit to a consignee in whole or in part for 
carrying charges. On the other hand, while the law does 
not impose the duty upon the carrier to collect the freight 
from the consignee, and the consignor may become liable 
for it when the consignee refuses to pay, yet the carrier 
may forfeit its right to resort to the consignor by show¬ 
ing a purpose to rely wholly upon the personal respon¬ 
sibility of the consignee. The taking ol a promissory 
note from the consignee payable at a future date, or ar¬ 
ranging to extend the time for payment or opening an 
account with the consignee extending credits covering- 
present and past freight charges, have been construed as 
new contracts between the carrier and the consignee by 
which the former has forfeited its right to resort to the 
consignor. Further, the Interstate Commerce Commis¬ 
sion holds that carriers must not necessarily delay tin* 
time in which to demand payment of undercharges, and 
this rule logically holds good in the matter of paying tin' 
original freight bill. For a carrier to delay one and a 
half years in the collection of a freight bill from the con¬ 
signee, and thereafter attempt to collect the same from 
the consignor only by reason of the consignee’s bank¬ 
ruptcy, in our opinion, indicates such a purpose to rely 
upon the personal responsibility of the consignee so as to 
forfeit its right to collect from the consignor.” 
Prepayment of Freight Charges on Nursery 
Shipments: 
Complaints are still made about the carriers refusing 
to accept shipments unless charges are prepaid. 
For the future benefit of the nurserymen desire to 
call their attention to Rule 34, Section 2 Western Classi¬ 
fication, Rule 16, Section 2 Official Classification, Rule 
34 Section 2 Southern Classification, and Rule 29 Illinois 
Classification, which read as follows:— 
“Freight on which prepayment is required may 
be forwarded on guarantee of the shipper that all 
charges will be paid at destination. The guarantee 
must be written on the face of Rill of Lading and 
full explanation made on the w ay-bill. Agents must 
not accept guarantee from transient or irresponsible 
shippers, and in case of doubt, must apply to Oen- 
eral Freight Department for instructions. 
From this you will note it is not necessary to prepay 
charges but simply quaranlee them as formerly. 11 any 
trouble along this line in future, simply call the railroad 
agent’s attention to the above rule. 
