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Michael Sol Collection November 28, 1921 THE TRAFFIC WORLD 1105 RAILROAD-8TEAMSHIP CONTRACTS Tltl Trtlffic WDrld WosAi"gloft Btlrltltl The Shipping Board announced November 26 that the hear- ing on contracts and agreements between railroads and foreign steamship companies, scheduled for December 1, would be of the "utmost importance to the establishment and upbullding of an American merchant marine." Representatives of ten ran· road companies will be present. The hearing will be held beforp, commissioners Tbompson, Plummer and Lissner, who are thf! Shipping Board members of the joint Shipping Board-Interstate Commerce Commission committee. In its announcement, the board said: The object of the conference. which will be public. Is to ascer- tain to what extent a preferential or exclusive contractural relation between an Amer'lcan railroad and shipping companies operating yessels under other than the registry of the government of the United States Is adverse to the establishment and upbulldlng of an Ameri- can merchant marine and to apply such corrective measure8 as maY be necessary In order that the American railroad can be a preferen- tial feeder for American shipping interests instead of for forelp shipping Interests. All of the ten raUroads accepted the invitations sent them to appear before the committee. They are the Great Northern RaIlway Company, who will be aaked concerning Its contract with the Nippon Yusen Kabushlki Kalsha; Chicago, Milwaukee & St. Paul Railway with the Oasaka Shosen Kabu8hlki Kalaha; the Mobile & Ohio Rail- road Company "'Ith the Mobile Liners, Inc.: the Northern Central Railway Company with the International :&tercantUe Marine Com- pany and Furness, Withy & Co.; Pennsylvania Railroad Company with the International Mercantile Marine Company; Grand Trunk RaUway System with the White Star-Dominion Line: Atlanta, Birmingham & Atlantic Railway with the Strachan Shipping Company; Southem Railway Company with the MObile Liners, Inc.; Boston & Albany Railroad Conlpany with the Leyland S. S. Line and the Cunard Line; Baltimore & Ohio Railroad with the Donaldson Line the Scandin- aVian-American Une. the North German Lloyd. Ltd.• FUrness, Withy & Co. and the International Mercantile Marine Company. In response to the resolution adopted by the Senate Novem- ber 8, caning for copies of all agreements on file with the Com- mission between railroads and steamship companies engaged in foreign trade and the amount of frelgbt bandIed under each of such agreements, the Commission has sent the information requested to the Senate. The information was referred to the Senate commerce committee. The total tonnage received by the railroads was given as 591,245 tODS and the total tonnage de- livered to the steamship companies as 2,044,256 tons. The statements showing the amount of tonnage received from and delivered to the steamsbip Unes cover tbe year ending December 31, 1920, except in instances. where contracts or agree- ments expired before the end of that year. They show the amount or tonnage of produets of agriculture, products of animals, prod- ucts of mines, products of forests, and manufactures and miscel- laneous, which moved under the contracts or agreements. The Atlanta, Birmingham a Atlantic Railway Company under Its agreement with the Strachan Shipping Company, re- ceived 8,064 tons of freight from the steamship company and de- livered to the company 22,126 tons. Tbe Baltimore a Ohio, under its agreements with the Inter- national Mercantile Marine Company (Atlantic Transport Co.), Donaldson Bros., Ltd., managers Donaldson Line, Ltd., Furness, \Vithy 6 Co., Ltd., proprietors of the Johnston Steamship Line, Ltd., and the Scandlnavian·American Staamship Line, received a total of 88,113 tons of freight and delivered to those companies a total of 227,961 tons of freight. '\. The Boston a Albany, under its agreement with the Cunard Line and the Leyland Line, received 60,091 tons of freight and deli vered to those companies 237,073 tODS of freight. . The Boston a Maine, under agreements with the Calcutta Line, the Clyde Line, the Cunard' Line, tbe France-Canada Line, the Furness Withy Co., the Holland-American Line, the Inter- national Mercantile Marine, the Leyland Line, the Luckenbach the Pan American F. a D. Corporation, the Pacific Mall Steamship Co., the Red Star Line, J. G. Hall, Charles Hunt Co., A. G. Lombard's Sons, Patterson-Wylde a Co., Scandinavian- American Line, Wilson Line, Crowell a Thurlow, John S. Emery Co., and C. Sprague a Son, received 211,404 tona of freight and delivered to those companies 258,061 tons of freight. .-The Chesapeake a Ohio, for the Chesapeake 6 Ohio lines, under an agreement with the Furness Withy .. Co., received 3,229 tons of fright and delivered to the company 60,247 tons of freight, for the period from January 1, 1920, to September 30, 1920, on which latter date the contract expired. The Chicago, Milwaukee .I: St. Paul, under its agreement with the Osaka Shoshen Kabushiki (Osaka Mercantile Steam- ship Co., Ltd.), received 99,416 tons of freight, and delivered to the eompany 110,800 tons of freight. The Grand Trunk Railway System, under its agreements with the Thomson Line, Rogers & Webb Line, Anchor-Donald- son Line, Red Star Line, Cunard Line, White Star Dominion Lines, Furness-Withy Co., and tramp steamers, received 16,839 tons of freight and delivered 645,710 tODS of freight. The Great Northern, under its agreement with Nippon Yusen Kalah&, received 28,8G7 tons of freight and delivered 38,785 tons of freight. The Mobile & Ohio, under its agreements with the Munson Steamship Co., and Mobile Liners, received 3,949 tons of freight and delivered 98,468 tons of freight. The Missouri Pacific, under agreements wWl the Ha.rrJaQD Line via New Orleans, the Leland Line via Ner' Orleans, the Elder-Dempster Line via New Orleans, and the Norton Lilly LIne via New Orleans, received 1,639 tons of freight and delivered 10,476 tons of freight. The New York, Ontario & Western, under agreements with the American Line and the White Star Line, received DO freight and delivered 66 tons of frelg.h t. The Norfolk & Western, under agreements with Furness, Withy & Co., Ltd., and London & Liverpool Lines, received 174 tons of freight and delivered 18,365 tons of freight. The Pennsylvania SYiJtem, under agreements with the inter- national Mercantile Marine Co., and Furness, Withy &: Co., Ltd., received 61,692 tons of freight and delivered 234,261 tons of freight. The Southern RaHway Co., under agreements with the Mun- son Steamship Co., t·he Moblle Liners, and F. D. M. Strachan, received 6,950 tons of frelg'ht and delivered 71,011 tons of freight. The Spokane, Portland & Seattle Ra.llway Co., under agree- ments with Frank Waterhouse & Co., A. M. Gillespie, Pacific Steamship Co., and the Columbia Pacific Steamshl·p Co., received 818 tons of freight and delivered 10,846 tons of freight. No tonnage moved under an agreement between the Union Pacific and the General Steamship Corporation. The report also covered t'he amount of revenue received by the New England Steamshi'p Co., which is controlled ,by the New Haven, under agreement8 wIth respect to the transportation of passengers by anum ber of trans-Atlantic passenger lines. The New England received approximately $8,340 for the transporta- tion of 1,491 p&88engers to and from the steamship com·pan!es at Boston and New York. HAGUE RULES PROTESTED Protest against the adoption of the Hague rules as a basis for uniform shipping documents has been made to the Interstate Com- merce Commission, the Shipping Board and the House merchant marine committee by the Washington representatives of the Institute of American Meat Packers. The protest embodied the material contained in a letter written to Norman Draper, Wash- Ington representative of the institute, by C. B. Heineman, its vice-president, which was printed in the Tramc World, Novem- ber 19. "In expla.lning these conditions," it is said in the protest, "we are endeavoring to point out that the steamship lines were confronted with the almost inevitable necessity of modifying onerous conditions which they have so long imposed on the shipping public; that they thereupon elected to gracefully side- step the proposed legislation by seeming to acquiesce In the Hague rules which presumably represented the vieW8 of the shippers." . "The protests also call attention to a resolution adopted by the National Industrial Trame League oPPOBing the Hague rules proposals as a basis for amending the Harter act and revising ocean bills of lading. It Is suggested If the Harter act Is to be amended to meet modern business methods that suggestions made by American shippers to Congress and the Interstate Com- merce Commission be adopted and that no modification of the American-proposed form be adopted in legislation or otherwise until American shippers shall have been granted a full hearing." Cbalrman McChord has answered the telegram protesting the adoption of the Hague rules as a basis for amending the Harter act, which was sent to him, Chairman Lasker of the Shipping Board, and George W. Edmonds, chairman of the House .sub- committee on marine Insurance, by the recent meeting of the National Industrial Tramc League In Chicago. In his reply, the chairman of the Commission said he would bring the matter to the attention of his colleagues. Replles have also been received from S. S. Huebner of the shipping board, speaking for the 'chair- man of the House sub-commlttee, saying that the committee was glad to know the position of the league in the matter. In a circular Issued by. the league, a communication from F. H. Price, of a Co., New York, in which the proposed rules are 8S an "attempt to stifle the voice of the ocean shipper," was reproduced· as follows: It must be confessed that the rules governing' the form and sub- stance of bills of lading to be used In ocean trame, proposed by the International Law Association at the Hague, September 3, 1921, rep- resent a distinct and long step forward. There Is no question but what uniformity is greatly to be desired. and there is no doubt. further. that shippers as well as carriers would make nlany concessions, each to the other. to bring about uniform- Ity. At present there Is no uniformity In bills of lading used In ocean traffic. Moreover. there Is great dissatisfaction on the part ()f the shippers. who heretofore have had no voice In the drafting of a contract to which the Courts held them to be a party. The shipping public have had almost no voice In legislation which governs the ocean carriage of JIfoods. What voice they have had has been stlfted by the superior ability and soUdarlty of the steamship interests. For Instance. the Harter act, enacted by Congress in 1893. was originally a bill proposed by flour millers for the protecUon of the shippinJ( pubUc. It was converted into an adverse Instroment by the elimination of a provision which held the carrier liable for the full actual loss sustained by the owner of damaged merchandise, and by the insertion of a provision that the carrier shall not be Hable for the faults or errors of his servants In the management, of the steamer. Its force and effect has been hampered further by the inclusion by carriers, under the sanction of the courts, of & clause

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Michael Sol Collection

November 28, 1921 THE TRAFFIC WORLD 1105

RAILROAD-8TEAMSHIP CONTRACTSTltl Trtlffic WDrld WosAi"gloft Btlrltltl

The Shipping Board announced November 26 that the hear­ing on contracts and agreements between railroads and foreignsteamship companies, scheduled for December 1, would be ofthe "utmost importance to the establishment and upbullding ofan American merchant marine." Representatives of ten ran·road companies will be present. The hearing will be held beforp,commissioners Tbompson, Plummer and Lissner, who are thf!Shipping Board members of the joint Shipping Board-InterstateCommerce Commission committee. In its announcement, theboard said:

The object of the conference. which will be public. Is to ascer­tain to what extent a preferential or exclusive contractural relationbetween an Amer'lcan railroad and shipping companies operatingyessels under other than the registry of the government of the UnitedStates Is adverse to the establishment and upbulldlng of an Ameri­can merchant marine and to apply such corrective measure8 as maYbe necessary In order that the American railroad can be a preferen­tial feeder for American shipping interests instead of for forelpshipping Interests.

All of the ten raUroads accepted the invitations sent them toappear before the committee. They are the Great Northern RaIlwayCompany, who will be aaked concerning Its contract with the NipponYusen Kabushlki Kalsha; Chicago, Milwaukee & St. Paul Railwaywith the Oasaka Shosen Kabu8hlki Kalaha; the Mobile & Ohio Rail­road Company "'Ith the Mobile Liners, Inc.: the Northern CentralRailway Company with the International :&tercantUe Marine Com­pany and Furness, Withy & Co.; Pennsylvania Railroad Company withthe International Mercantile Marine Company; Grand Trunk RaUwaySystem with the White Star-Dominion Line: Atlanta, Birmingham &Atlantic Railway with the Strachan Shipping Company; SouthemRailway Company with the MObile Liners, Inc.; Boston & AlbanyRailroad Conlpany with the Leyland S. S. Line and the Cunard Line;Baltimore & Ohio Railroad with the Donaldson Line the Scandin­aVian-American Une. the North German Lloyd. Ltd.• FUrness, Withy& Co. and the International Mercantile Marine Company.

In response to the resolution adopted by the Senate Novem­ber 8, caning for copies of all agreements on file with the Com­mission between railroads and steamship companies engaged inforeign trade and the amount of frelgbt bandIed under eachof such agreements, the Commission has sent the informationrequested to the Senate. The information was referred to theSenate commerce committee. The total tonnage received by therailroads was given as 591,245 tODS and the total tonnage de­livered to the steamship companies as 2,044,256 tons.

The statements showing the amount of tonnage receivedfrom and delivered to the steamsbip Unes cover tbe year endingDecember 31, 1920, except in instances. where contracts or agree­ments expired before the end of that year. They show the amountor tonnage of produets of agriculture, products of animals, prod­ucts of mines, products of forests, and manufactures and miscel­laneous, which moved under the contracts or agreements.

The Atlanta, Birmingham a Atlantic Railway Companyunder Its agreement with the Strachan Shipping Company, re­ceived 8,064 tons of freight from the steamship company and de­livered to the company 22,126 tons.

Tbe Baltimore a Ohio, under its agreements with the Inter­national Mercantile Marine Company (Atlantic Transport Co.),Donaldson Bros., Ltd., managers Donaldson Line, Ltd., Furness,\Vithy 6 Co., Ltd., proprietors of the Johnston Steamship Line,Ltd., and the Scandlnavian·American Staamship Line, receiveda total of 88,113 tons of freight and delivered to those companiesa total of 227,961 tons of freight. '\.

The Boston a Albany, under its agreement with the CunardLine and the Leyland Line, received 60,091 tons of freight anddelivered to those companies 237,073 tODS of freight.. The Boston a Maine, under agreements with the CalcuttaLine, the Clyde Line, the Cunard' Line, tbe France-Canada Line,the Furness Withy Co., the Holland-American Line, the Inter­national Mercantile Marine, the Leyland Line, the LuckenbachL.ne~ the Pan American F. a D. Corporation, the Pacific MallSteamship Co., the Red Star Line, J. G. Hall, Charles Hunt Co.,A. G. Lombard's Sons, Patterson-Wylde a Co., Scandinavian­American Line, Wilson Line, Crowell a Thurlow, John S. EmeryCo., and C. ~. Sprague a Son, received 211,404 tona of freightand delivered to those companies 258,061 tons of freight.

.-The Chesapeake a Ohio, for the Chesapeake 6 Ohio lines,under an agreement with the Furness Withy .. Co., received3,229 tons of fright and delivered to the company 60,247 tons offreight, for the period from January 1, 1920, to September 30,1920, on which latter date the contract expired.

The Chicago, Milwaukee .I: St. Paul, under its agreementwith the Osaka Shoshen Kabushiki (Osaka Mercantile Steam­ship Co., Ltd.), received 99,416 tons of freight, and delivered tothe eompany 110,800 tons of freight.

The Grand Trunk Railway System, under its agreementswith the Thomson Line, Rogers & Webb Line, Anchor-Donald­son Line, Red Star Line, Cunard Line, White Star DominionLines, Furness-Withy Co., and tramp steamers, received 16,839tons of freight and delivered 645,710 tODS of freight.

The Great Northern, under its agreement with Nippon YusenKalah&, received 28,8G7 tons of freight and delivered 38,785 tonsof freight.

The Mobile & Ohio, under its agreements with the MunsonSteamship Co., and Mobile Liners, received 3,949 tons of freightand delivered 98,468 tons of freight.

The Missouri Pacific, under agreements wWl the Ha.rrJaQDLine via New Orleans, the Leland Line via Ner' Orleans, theElder-Dempster Line via New Orleans, and the Norton Lilly LInevia New Orleans, received 1,639 tons of freight and delivered10,476 tons of freight.

The New York, Ontario & Western, under agreements withthe American Line and the White Star Line, received DO freightand delivered 66 tons of frelg.h t.

The Norfolk & Western, under agreements with Furness,Withy & Co., Ltd., and London & Liverpool Lines, received 174tons of freight and delivered 18,365 tons of freight.

The Pennsylvania SYiJtem, under agreements with the inter­national Mercantile Marine Co., and Furness, Withy &: Co., Ltd.,received 61,692 tons of freight and delivered 234,261 tons offreight.

The Southern RaHway Co., under agreements with the Mun­son Steamship Co., t·he Moblle Liners, and F. D. M. Strachan,received 6,950 tons of frelg'ht and delivered 71,011 tons of freight.

The Spokane, Portland & Seattle Ra.llway Co., under agree­ments with Frank Waterhouse & Co., A. M. Gillespie, PacificSteamship Co., and the Columbia Pacific Steamshl·p Co., received818 tons of freight and delivered 10,846 tons of freight.

No tonnage moved under an agreement between the UnionPacific and the General Steamship Corporation.

The report also covered t'he amount of revenue received bythe New England Steamshi'p Co., which is controlled ,by the NewHaven, under agreement8 wIth respect to the transportation ofpassengers by anumber of trans-Atlantic passenger lines. TheNew England received approximately $8,340 for the transporta­tion of 1,491 p&88engers to and from the steamship com·pan!es atBoston and New York.

HAGUE RULES PROTESTEDProtest against the adoption of the Hague rules as a basis for

uniform shipping documents has been made to the Interstate Com­merce Commission, the Shipping Board and the House merchantmarine committee by the Washington representatives of theInstitute of American Meat Packers. The protest embodied thematerial contained in a letter written to Norman Draper, Wash­Ington representative of the institute, by C. B. Heineman, itsvice-president, which was printed in the Tramc World, Novem­ber 19.

"In expla.lning these conditions," it is said in the protest,"we are endeavoring to point out that the steamship lines wereconfronted with the almost inevitable necessity of modifyingonerous conditions which they have so long imposed on theshipping public; that they thereupon elected to gracefully side­step the proposed legislation by seeming to acquiesce In theHague rules which presumably represented the vieW8 of theshippers." .

"The protests also call attention to a resolution adopted bythe National Industrial Trame League oPPOBing the Hague rulesproposals as a basis for amending the Harter act and revisingocean bills of lading. It Is suggested If the Harter act Is tobe amended to meet modern business methods that suggestionsmade by American shippers to Congress and the Interstate Com­merce Commission be adopted and that no modification of theAmerican-proposed form be adopted in legislation or otherwiseuntil American shippers shall have been granted a full hearing."

Cbalrman McChord has answered the telegram protesting theadoption of the Hague rules as a basis for amending the Harteract, which was sent to him, Chairman Lasker of the ShippingBoard, and George W. Edmonds, chairman of the House .sub­committee on marine Insurance, by the recent meeting of theNational Industrial Tramc League In Chicago. In his reply, thechairman of the Commission said he would bring the matter tothe attention of his colleagues. Replles have also been receivedfrom S. S. Huebner of the shipping board, speaking for the 'chair­man of the House sub-commlttee, saying that the committee wasglad to know the position of the league in the matter.

In a circular Issued by. the league, a communication fromF. H. Price, of Prl~e a Co., New York, in which the proposedrules are characterf~e4 8S an "attempt to stifle the voice of theocean shipper," was reproduced· as follows:

It must be confessed that the rules governing' the form and sub­stance of bills of lading to be used In ocean trame, proposed by theInternational Law Association at the Hague, September 3, 1921, rep­resent a distinct and long step forward.

There Is no question but what uniformity is greatly to be desired.and there is no doubt. further. that shippers as well as carriers wouldmake nlany concessions, each to the other. to bring about uniform­Ity. At present there Is no uniformity In bills of lading used Inocean traffic. Moreover. there Is great dissatisfaction on the part()f the shippers. who heretofore have had no voice In the draftingof a contract to which the Courts held them to be a party. Theshipping public have had almost no voice In legislation which governsthe ocean carriage of JIfoods. What voice they have had has beenstlfted by the superior ability and soUdarlty of the steamship interests.

For Instance. the Harter act, enacted by Congress in 1893. wasoriginally a bill proposed by flour millers for the protecUon of theshippinJ( pubUc. It was converted into an adverse Instroment by theelimination of a provision which held the carrier liable for thefull actual loss sustained by the owner of damaged merchandise, andby the insertion of a provision that the carrier shall not be Hablefor the faults or errors of his servants In the management, of thesteamer. Its force and effect has been hampered further by theinclusion by carriers, under the sanction of the courts, of & clause