other things, "bills of exchange, commercial paper and bills of lading." It recommended the creation of an international high commission to bring about such uniformity on the seven subjects embraced in a report of a sub-committee of a general committee on uniformity of laws, a copy of which report is hereto attached and marked "Exhibit C and made part hereof. Your committee recommends that the American Bar Association indorse this movement looking to the bringing about of uniformity of commercial laws throughout the commercial world. VI. SUMMARY OF RECOMMENDATIONS. In conclusion, your committee summarizes its recommendations as follows: (1) That the American Bar Association pass a resolution renewing its adherence to the National Bankruptcy Act and authorizing your Committee on Commercial Law to oppose any measures that may be introduced in the Sixty-fourth Congress to repeal the same; (2) That the American Bar Association pass a resolution in substance as follows: (a) To authorize the executive committee of the American Bar Association, in its discretion, to appropriate a sufficient sum of money to enable the Committee on Commercial Law to employ a draftsman to prepare a tentative draft of a bill as hereinafter described; (b) That if the executive committee shall appropriate said money, said Committee on Commercial Law shall be authorized to employ a draftsman to prepare a tentative draft of a bill codifying the law covering the reciprocal rights, duties and obligations of common carriers and shippers in interstate and foreign commerce. (c) That if said Committee on Commercial Law shall employ such draftsman, said tentative draft of said bill shall be prepared under the supervision and direction of and subject to the revision of said committee; and (d) That when said tentative draft of said bill shall have been revised by said committee, said committee shall submit same at some future meeting of the American Bar Association for its consideration and action; (3) That the American Bar Association adopt a resolution indorsing "A Bill Relating to Bills of Lading in Interstate and Foreign Commerce" appended to this report as "Exhibit B"; and (4) That the American Bar Association pass a resolution indorsing the foregoing movement looking to the bringing about of uniformity of commercial laws throughout the commercial world. Respectfully submitted, FRANCIS B. JAMES, Chairman, J. A. C. KENNEDY, FRANK GOSNELL, FITZ-HENRY SMITH, JR., Committee on Commercial Law, American Bar Association. June 11, 1915. EXHIBIT A. No. 49 (Ex parte). IN RE THE CUMMINS AMENDment. [33 I. C. C. R. 682.] Submitted April 20, 1915. Decided May 7, 1915. REPORT OF THE COMMISSION. BY THE COMMISSION: For many years, if not, indeed, from the origin of railroad transportation in this country, common carriers by railroad have sought, by provisions in shipping contracts, bills of lading, tariff publications, etc., to limit their common-law liability, not only as insurers against loss or damage to property received by them for transportation, but also as tort-feasors for loss or damage caused by their negligence. One method was by a so-called release, executed by shipper and carrier, and intended to be effective whether the loss or damage was due to negligence of the carrier or to other causes. The courts in different jurisdictions. +33 I. C. C. R. 682. have differed as to the validity of such limitations and they have been the subject of legislation in some of the states. By adoption of the "Carmack amendment," so called, to the act to regulate commerce, approved June 29, 1906, the Congress provided that a common carrier receiving property for transportation from a point in one state to a point in another state should issue a receipt or bill of lading therefor and be liable to the lawful holder thereof for any loss, damage or injury to such property caused by it or by any common carrier to which such property might be delivered, or over whose lines such property might pass, and declared that no contract, receipt, rule or regulation should exempt such common carrier from the liability thereby imposed. It was provided that nothing in that amendment should deprive any holder of such receipt or bill of lading of any remedy or right of action which he had at that time under existing law. Since that time, beginning in 1913, with Adams Express Co. vs. Croninger, 226 U. S., 491, the Supreme Court of the United States has decided in a number of cases, all of which followed Hart vs. P. R. R., 112 U. S., 331, that where the shipper has his choice of two rates, the higher carrying unlimited carrier's liability, and in "a fair, just and reasonable agreement" declares or agrees that the value of his shipment is a certain sum and thereby secures a reduced transportation rate, he is bound by that declaration or agreement, estopped * from claiming or recovering more than that value in case of loss of or damage to the property, and conclusively presumed to have known the governing tariff. On March 4, 1915, the following act, amendatory of the act to regulate commerce, and hereinafter called the Cummins amendment, was approved: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section seven of an Act entitled 'An Act to amend an Act entitled "An Act to regulate commerce," approved February 4, 1887, and all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission,' approved June 29, 1906, as reads as follows, to wit: "That any common carrier, railroad or transportation company receiving property for transportation from a point in one state to a point in another state shall issue a receipt or a bill of lading therefor, and shall be liable to the lawful holder thereof for * 33 I. C. C. R. 684. 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 contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law,' be, and the same is hereby, amended so as to read as follows, to wit: "That any common carrier, railroad or transportation company subject to the provisions of this Act receiving property for transportation from a point in one state or territory or the District of Columbia to a point in another state, territory, District of Columbia, or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, 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 within the United States or within an adjacent foreign country when transported on a through bill of lading, and no contract, receipt, rule, regulation or other limitation of any character whatsoever, shall exempt such common carrier, railroad or transportation company from the liability hereby imposed; and any such common carrier, railroad or transportation company so receiving property for transportation from a point in one state, territory or the District of Columbia to a point in another state or territory, or from a point in a state or territory to a point in the District of Columbia, or from any point in the United States to a point in an adjacent foreign country, or for transportation wholly within a territory shall be liable to the lawful holder of said receipt or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage or injury to such property caused by it or by any such common carrier, railroad or transportation company to which such property may be delivered or over whose line or lines such property may pass within the United States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or † agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is † 33 I. C. C. R. 685. sought to be made, is hereby declared to be unlawful and void: Provided, however, That if the goods are hidden from view by wrapping, boxing or other means, and the carrier is not notified as to the character of the goods, the carrier may require the shipper to specifically state in writing the value of the goods, and the carrier shall not be liable beyond the amount so specifically stated, in which case the Interstate Commerce Commission may establish and maintain rates for transportation, dependent upon the value of the property shipped as specifically stated in writing by the shipper. Such rates shall be published as are other rate schedules: Provided further, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under the existing law: Provided further, That it shall be unlawful for any such common carrier to provide by rule, contract, regulation or otherwise a shorter period for giving notice of claims than ninety days and for the filing of claims for a shorter period than four months, and for the institution of suits than two years: Provided, however, That if the loss, damage or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.' "SEC. 2. That this Act shall take effect and be in force from ninety days after its passage." Many widely varying or diametrically opposed ideas have been expressed as to the effect of this amendment and as to what will be the lawful rates under present tariffs when it becomes effective on June 2, 1915. The commission has been urged to some expression in the premises. It has held a hearing on this subject, and the questions there discussed have been argued on briefs. From the best information it has been possible to obtain and the consideration it has been possible to give this matter within the limited time available, the commission expresses tentatively the views hereinafter indicated. The greater part of the freight transported moves under a bill of lading, which constitutes a receipt for the property and a contract for its carriage. Efforts have been made from time to time to secure the adoption and use by all carriers of a uniform bill of lading, but no such effort has been entirely successful. Several years ago protracted effort of that kind, assisted in so far as seemed appropriate by the commission, culminated in substantial agreement among the representatives of the shippers and the representatives of the carriers, excepting those in the southern |