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26 t IN T E R S T A T E COM M ERCE C O M M ISS IO N REPORTS. ? correct it must give w ay to one which is correct. I f , fo r example, the nature o f the coal is such that in course o f transportation its w eight Avill not vary, and i f the carload at destination does not weigh in fact what it is said to have weighed at the point o f origin, this must show conclusively that the weight at the point o f origin was incorrect, assuming always that the destination weight has been so ascertained as to leave no doubt as to its correctness. W here coal is w et in process o f preparation fo r shipment so that the moisture does not become at any time a part o f the coal itself but soon evaporates, there would seem to be strong reason w hy a proper deduction should be made from the w eight as ascertained at the mine. When the moisture is a part o f the coal itself, even though it subsequently evaporates, the carrier may properly require that the weight at the mine shall govern. W hen coal falls from the car or is lost by p ilferin g the carrier ought to be held responsible, since the fa llin g from the car is due to improper loading and the p ilferin g is a loss against which the railroad must stand responsible. Th e difference in conditions in different parts o f the country and o f different coals is such that no general rule can be laid down. In our opinion, i f some method can be adopted by which the w eight o f the coal at the mine is accurately ascertained and by which proper loading can be secured, the greater part o f the present complaint, so fa r as it is w ell founded, w ill disappear. There should probably also be the righ t upon the part o f the shipper to demand a rew eighing o f this and every other commodity under proper restrictions. When possible, the car should be weighed ligh t before being loaded or after being unloaded. LUMBER. Lumber is generally sold by the thousand feet, and the weight is not therefore an item o f significance'in determining the invoice price. Th e freigh t rate is, however, a very important part o f the value o f th e lumber at the point o f final destination, being frequently nearly as much as the lumber itself in case o f the coarser grades. I t is therefore a matter o f great importance to all parties concerned that the w eight upon which the freigh t charge is assessed should be accurate. The rate o f freigh t upon lumber is almost u niform ly named by the hundred pounds, and the w eight upon which that* freigh t is assessed is universally determined by track-scale weight. Th e car is weighed at the point o f origin, or as near as possible to that point, and the weight so established governs unless corrected. Alm ost all shipments o f lumber are weighed a second and frequently a third time, and the allegation o f lumber shippers is that i f these subsequent weighings show more than the original w eight the w eight is 281. O, 6. \ I N RE W E IG H IN G OF F \ REIGHT BY CARRIER. 27 advanced, w hile i f they show less no change is made m the;original weight. W h ile this was denied by the carriers, the evidence indicates that in many cases at least the claim is correct. M ore complaint has been received touching the w eighing o f lumber than with any other commodity, and perhaps more difficulty is experienced in the settlement o f claims filed w ith carriers by shippers on this account than in case o f any other commodity. Some o f the reasons are these: D ifferent kinds o f lumber differ greatly in the weight o f a thousand feet. Th e same kind o f lumber in the same state o f dryness does not always possess an absolutely uniform weight, and it is common knowledge that green lumber shrinks greatly in w eight in the process o f drying. Thoroughly dried lumber, i f exposed to the atmosphere, especially i f exposed to the elements in an open car, w ill absorb moisture and increase materially in weight. Lum bering operations are often conducted in northern latitudes where snowfalls arq fr e quent during the winter. The accumulation o f snow and ice upon the car adds to its weight and thereby tends to increase the .weight o f the car beyond its stenciled capacity. M any carriers, realizing the imperfections o f the scale weights, have been accustomed to recognize claims fo r errors in weight very readily. T h e shipper would state that so many thousand feet o f a certain kind o f lumber o f a certain state o f dryness had been shipped, and that this lumber in that condition would weigh a certain amount per thousand feet. U pon this basis the alleged overweight was corrected. U pon the other hand, some carriers have insisted that scale weights must govern and that they would under no circumstances correct an alleged mistake in weight upon the basis o f an estimated weight. -Th e va ryin g practices o f different railroads in this respect have led to friction.between carriers and shippers and have undoubtedly resulted in discrimination as between different shippers, and certainly as between different railroads. I t seems clear that, some method should be devised by which the true weight o f this commodity can be more accurately ascertained. GENERAL RULES. Under this title reference w ill be made to certain rules and practices o f the carriers, the effect o f which is to exempt large amounts o f carload freigh t fr<5m all w eighing whatever. Railroads, have generally organized weighing and inspection bureaus possessing jurisdiction over certain territorial limits. One o f the duties o f these bureaus is to supervise and correct the w eighing o f carload freight. These bureaus enter into an arrangement with certain shippers by 28 I. 0, I
