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THE
WilW
fflJSIC TIRADE
VOL. XLIV. No. 1 3 . PttbKshed Every Saturday by Edward Lyman BUI at 1 MadisonAve., New York, March 30, 1907
STATUS OF THE BILL OF LADING.
Thomas C. Moore Freight Traffic Manager of the National Manufacturers' and Dealers' Associa-
tions Writes President Byrne to the Effect That It Will be Perfectly Proper for the Shippers
to Decline to Accept This Bill of Lading Until the Courts Have Decided That the Conditions
Contained Therein Can be Enforced—Some Interesting Correspondence.
J. P. Byrne, president of the National Associa-
tion of Piano Dealers, received this week an im-
portant communication from Thomas C. Moore,
freight traffic manager of the Association, in
which he enclosed a copy of a letter which he
had received from Commissioner Harlan, of the
Interstate Commerce Commission, in reply to
Mr. Moore's letter to the chairman of the Inter-
state Commerce Commission, asking for a ruling
on the uniform bill of lading. Mr. Moore says:
"Although this decision is not as definite as I
would wish, yet I am inclined to infer from it
that it would be perfectly proper for the shippers
to decline to accept this bill of lading until the
courts have decided that the conditions contained
in that bill of lading can be enforced. I think
it would be wise if the members of our Associa-
tion would co-operate with all other associations
and endeavor to prevent this bill of lading being
put into effect. I am afraid that unless this is
done the transportation companies will gradually
force it upon the public and get decisions of the
courts sustaining them in their position, so that
it will be a very difficult matter to remedy later
on. I am co-operating with others in an effort
to prevent its adoption."
The letter from Commissioner Harlan to Mr.
Moore is as follows:
"Dear Sir—I have the honor to acknowledge the
receipt of your letter of Jan. 22, addressed to the
chairman of the Commission, requesting certain
information and asking whether in the opinion
of the Commission shippers would not be justified
in declining to sign the so-called uniform bill of
lading and accepting the conditions imposed by it.
"While the Commission has always desired to
be of assistance to shippers in the way of giving
them information, and while we frequently ex-
press informal opinions as to various phases of
the law, it does not seem to me that your inquiry
can be answered satisfactorily, except upon a
petition, allowing both sides an opportunity to be
heard. You will understand that we cannot very
well undertake to commit ourselves in advance,
either as a commission or individually, on a ques-
tion of such importance, and which is not unlikely
to come before us upon formal complaint. As
you will see from section 15 of the act, a copy of
which is enclosed, our jurisdiction may be In-
voked only upon a complaint, and we can enter
an order only after a hearing. Should you care
to bring the matter before us for a decision it
might be well for you to confer with your legal
adviser with a view to the preparation of a com-
plaint raising that issue in the proper form. For
your information I call your attention to that
part of section 20 of the act to regulate com-
merce, which provides that—
" 'Any common carrier, railroad or transpor-
tation company receiving property for transporta-
tion from a point in one State to a point in an-
other State shall issue a receipt or bill of lading
therefcr, and shall be liable to the lawful holder
thereof for any loss, damage or injury to such
property caused by it or by any common carrier,
railroad or transportation company to which such
property may be delivered or over whose line or
lines such property may pass, and no con-
tract, receipt, rule or regulation shall exempt such
common carrier, railroad or transportation com-
pany from liability hereby imposed, provided that
nothing in this section shall deprive any holder
of such receipt or bill Qf lading of any remedy or
right of action which he has under existing law.'
"So far as I am aware, the foregoing restric-
tion upon the right of a carrier to limit its lia-
bility has not been passed upon as yet by any
court.
"In this connection it may be of interest to you
to read the case of Pennsylvania Railroad Co. v.
Hughes, 191 U. S. 477, in which the Supreme
Court of the United States discussed the question
of the right of the States to enact legislation re-
quiring common carriers to be liable for the
whole loss to shipments without regard to con-
tracts limiting the liability. I also call your at-
tention to the case of Hart v. Pennsylvania Rail-
road Co., 112 U. S. 331. In this case the court
upheld the right of a common carrier to stipulate
that its liability should be limited to an agreed
valuation for the shipment."
Mr. Moore's acknowledgment of the foregoing
letter, addressed to Mr. Harlan, is as follows:
"Dear Sir—Your favor of the 11th inst. in reply
to mine of Jan. 22 in regard to the Uniform Bill
of Lading and its use by the transportation com-
panies, duly received, for which please accept
thanks. I do not know that we are prepared at
present to take the matter up in the way of a
complaint. Our Association is co-operating with
other industrial interests, and possibly we may
take united action at a later date."
ORDER FOR MURRAY M. HARRIS CO.
The Los Angeles Organ Builders Are Building
Instruments for Many Prominent Churches.
(Special to The Roview. i
Los Angeles, Cal., March 20, 1907.
The Murray M. Harris Co., organ builders of
this city, have just taken possession of their new
factory, a brick building three stories high, 100
feet by 140 feet, with an erecting room 50 feet
by 80 feet and 43 feet in height. They also pos-
sess ground room for trebling the size of the
floor. Within a few weeks they expect to be
working one hundred employes. Among the
more important contracts recently received are
a four-manual electric organ of 62 speaking
stops, including an Echo organ, for the new First
Presbyterian Church, of Pasadena, Cal.; three
3-manual electric organs of 38, 35 and 32 speak-
ing stops, respectively, for the Catholic Church
of Santa Monica, the Methodist Church of Long
Beach and the Presbyterian Church of Long
SINGLE COPIES, 10 CENTS.
$2.00 PER YEAR.
Beach. They are also filling an order for a two-
manual organ for the Congregation Church of
Santa Barbara, which will have 14 speaking
stops and will cost $4,000. The former towns are
near suburbs of this city. They have many other
contracts on hand for good sized two-manual in-
struments.
JOINS STARR FORCES AT DETROIT.
Wm. F. Thorns, Formerly With the Colby and
Starr Companies Now Connected With the
Sales Force of the Michigan Department of
the Starr Piano Co.
Wm. F. Thorns, formerly with the C. C. Colby
Piano Co., of Erie, Pa., and later with the Starr
Piano Co., Cleveland, has accepted a position as
salesman with the Michigan department of the
Starr Piano Co. under Manager H. H. Hudson,
at Detroit, Mich. Mr. Thorns has been associated
with the piano trade for years, and besides being
a competent salesman is also a skilful musician.
He comes by his musical ability quite naturally,
however, being the son of Mrs. Clara E. Thorns,
the talented pianiste of Buffalo, N. Y. Mr.
Thorns' ability as a piano man is also doubtless
inherent—to a degree at least—as he is a grand-
son of the late C. C. Colby, who manufactured
pianos himself, first in New York City (1859) and
afterward (1889) in Erie, Pa.
RICHMOND DEALERS MAY UNITE.
J. G. Corley Working Hard to Get Dealers To-
gether in Association—Will Help to Elimi-
nate Many Evils Which Hurt the Trade
Generally in That Section.
(Special to The Review.)
Richmond, Va., March 25, 1907.
J. G. Corley, manager of the Cable Company's
store in this city, is making earnest efforts to-
ward forming a local piano dealers' association
for the purpose of eliminating various trade evils
and to improve conditions generally. The asso-
ciation, if formed, will do much to prevent un-
fair competition and different forms of price-
cutting not conducive to a high degree of trade
ethics. It is pointed out that merchants in other
lines have organized with excellent results, and
a similar organization among piano dealers
should produce results. The movement is gain-
ing strength, as so many dealers are in favor of
it, and from present indications it will not be
long before a permanent association will be
formed among the Richmond dealers.
HANDLE THE HARDMAN-PECK LINE.
W. L. Nutting, who handles the Hardman,
Peck & Co.'s line, including tne Autotone, in
Nashua, N. H., reports an excellent trade in all
the various styles, and upon a recent visit to
New York left some large orders for early de-
livery.
SECURES STORY & CLARK AGENCY.
O. W. Walter, of Dubuque, la., has taken the
agency for the Story & Clark line in that terri-
tory, and, as he is known as a hustler, will no
doubt make a fine record.