COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON BILLS AFFECTING INTERSTATE COMMERCE PART XIII WASHINGTON GOVERNMENT PRINTING OFFICE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C., Tuesday, February 8, 1910. The committee met this day at 10 o'clock a. m., Hon. James R. Mann (chairman) presiding. The CHAIRMAN. General Gordon, you may proceed. STATEMENT OF HON. GEORGE W. GORDON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE. Mr. GORDON. Mr. Chairman and gentlemen of the committee, I asked to be heard very briefly upon the House bill 3064. The purpose of this bill, as stated in its caption, is to require railroads, transportation companies, and other common carriers engaged in interstate commerce to make prompt acknowledgment and adjustment of claims for overcharge on freight and for loss and injury to the same. I do not know how I can give you a better understanding of the bill than by reading the preamble and the bill, both of which are short. I will read: Whereas railroads, transportation companies, and other common carriers engaged in interstate commerce usually require the payment of charges assessed on freight before the delivery of same; and Whereas these railroads and common carriers, when claims are made upon them for overcharges on and for loss, damage, or injury to property committed to their care, frequently and unjustly delay the acknowledgment and adjustment of such claims, extending the months into months and sometimes into years, thereby subjecting claimants to unnecessary and unwarrantable inconvenience and loss: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all railroads, transportation companies, and other common carriers engaged in interstate commerce are required, and it is hereby made their duty, to acknowledge within ten days receipt of all claims which are presented or filed with said railroad or common carriers for overcharges on freight, or for loss, damage, or injury to same while in the possession of said carriers or connecting lines; said receipt to specify the number of said claim and date filed. SEC. 2. That said railroads and common carriers are also required, and it is made their duty, to pay all just and lawful claims within ninety days from the date of filing same with said railroads and common carriers, and failing so to do they shall be liable to the penalties hereinafter imposed. SEC. 3. That the failure to acknowledge such claims as is required in section one hereof shall subject such railroads and common carriers to a penalty of one per centum on the amount of such claim, and the failure to pay, as required in section two of this act, shall subject them to a further penalty of ten per centum. Both of these penalties and also reasonable attorney's fee and such other costs as may be necessarily incurred in the collection of said claims by suit shall be included in the judgment for said claims when recovered in any court in which suit may be brought. SEC. 4. That this act shall be enforced and take effect from and after its passage. |