COMMERCE ACT (OMNIBUS BILL) undercharges and overcharges by or against motor carriers, 12 BEFORE A HEARINGS ON UNITED STATES SENATE EIGHTIETH CONGRESS SECOND SESSION CARD DIVISION ON S. 571-H. R. 2759 BY MOTOR VEHICLES AND FREIGHT FORWARDERS S. 935 FORWARDERS S. 1194 AND S. 290—S. 2426 MARCH 30, 31, AND APRIL 2, 1948 Printed for the use of the Committee on Interstate and Foreign Commerce 17-4473 UNITED STATES WASHINGTON : 1948 82058 COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE WALLACE H. WHITE, JR., Maine, Chairman CHARLES W. TOBEY, New Hampshire EDWIN C. JOHNSON, Colorado CLYDE M. REED, Kansas TOM STEWART, Tennessee OWEN BREWSTER, Maine ERNEST W. MCFARLAND, Arizona ALBERT W. HAWKES, New Jersey WARREN G. MAGNUSON, Washington E. H. MOORE, Oklahoma FRANCIS J. MYERS, Pennsylvania BRIEN MCMAHON, Connecticut SUBCOMMITTEE ON S. 290, S. 2426, S. 571, S. 935, S. 1194, AND H. R. 2759 CLYDE M. REED, Kansas, Chairman ALBERT W. HAWKES, New Jersey FRANCIS J. MYERS, Pennsylvania II 27 Barber, Hartman, general representative, Brotherhood of Railway Clerks, Freight Handlers, Express and Station Employees, Wash- Ellis, W. L., assistant to the Comptroller General of the United States, Fort, J. Carter, vice president and general counsel, Association of American Railroads, Washington, D. C.... Krebs, Alfred U., counsel, National Federation of American Shipping, Lacey, Edward F., executive secretary, the National Industrial Traffic La France, Francis X., representing the Narragansett Brewery Co., Lawrence, John V., managing director, American Trucking Associa- tions Inc., Washington, D. C.. Letts, David S., representing American Transit Association, Washing- 161 19 82, 153 Ott, W. H., Jr., chairman, committee on motor carrier rate and classi- fication, the National Industrial Traffic League, Washington, D. C. 64 Souby, James M., general solicitor, Association of American Railroads, Splawn, Hon. Walter M. W., chairman, legislative committee, Inter- state Commerce Commission, Washington, D. C.- Teichner, Harry, attorney at law, representing the Public Service Traffic Bureau, Inc., the Merca Traffic Service Bureau, and the American Freight Bureau, New York, N. Y. Thompson, Chester, president, American Waterways Operators, Inc., Wilson, H. K., chief, Freight Subdivision, Claims Division, General Accounting Office, Washington, D. C... Morrow, Giles, executive secretary and general counsel, Freight For- warders Institute, Washington, D. C - Quasey, Lee J., commerce counsel, National Live Stock Producers Schwietert, A. H., traffic director, the Chicago Association of Com- 105 Durkin, Helen C., executive assistant, Bronx Chamber of Commerce, 108 Comptroller General of the United States on H. R. 2759. Department of Justice on H. R. 2759 Department of Justice on H. R. 2759, S. 935, and S. 1194. United States Maritime Commission on S. 1194. 114 53 109 II Page 163 Letters from Cordon, Hon. Guy, a United States Senator from the State of Oregon. American Railroads, Washington, D. C. Griffin, Jas. P., president, Texas Electric Railway Co., Dallas, Tex., addressed to Hon. Tom Connally, United States Senator. Sells, Arthur M., vice president, Wisconsin Electric Power Co., Milwaukee, Wis., addressed to Hon. Alexander Wiley, United States Sells, Arthur M., vice president, Wisconsin Electric Power Co., Milwaukee, Wis., addressed to Hon. John W. Byrnes, M. C., House Crandall, Ralph, executive secretary, Los Angeles Traffic Managers Conference, Los Angeles, Calif. Hestmark, J. C., president, Portland Industrial Traffic Club, Portland, Keas, R. K., Illinois Territory Traffic League, St. Louis, Mo.- Shepherd, Ralph L., secretary-manager, Seattle Traffic Association, Tacoma (Wash.) Chamber of Commerce, Tacoma, Wash.. Memorandum by- General Accounting Office on H. R. 2759. 33 TO AMEND THE INTERSTATE COMMERCE ACT UNDERCHARGES AND OVERCHARGES TUESDAY, MARCH 30, 1948 UNITED STATES SENATE, Washington, D.C. The subcommittee met, pursuant to call, at 10:40 a. m., in the committee room of the Committee on Interstate and Foreign Commerce, Senator Clyde M. Reed, chairman of the subcommittee, presiding. Present: Senators Reed, Hawkes, and Myers. We have set this hearing for the purpose of taking testimony on a number of bills dealing with the same or related subjects. These bills include S. 571, S. 935, S. 1194, and H. R. 2759. We will not undertake to keep the testimony separate. The witnesses may testify as to any one of them or all of them, as they appear. (The bills referred to follow :) [S. 1194, 80th Cong., 1st sess. ] A BILL To amend the Interstate Commerce Act with respect to the liability of common carriers by motor vehicle, common carriers by water, and freight forwarders for payment of damages to persons injured by them through violations of such Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Interstate Commerce Act, as amended, is amended by inserting after section 204 thereof a new section as follows: "SEC. 204a. (1) In case any common carrier by motor vehicle subject to the provisions of this part shall do, cause to be done, or permit to be done any act, matter, or thing in this part prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this part required to be done, such carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consenquence of any such violation of the provisions of this part, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. “(2) Any person or persons claiming to be damaged by any common carrier by motor vehicle, subject to the provisions of this part, may either make complaint to the Commission or may bring suit in his or their own behalf for the recovery of the damages for which such carrier may be liable under the provisions of this part, in any district court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies. “(3) If after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this part for a violation thereof, the Commission shall make an order directing the common carrier by motor vehicle to pay to the complainant the sum to which he is entitled on or before a day named. 1 |