Section 20. Annual Reports of Carriers-Liability of Initial Carrier By this section the Commission is authorized "to require annual reports from all common carriers subject to the provisions of this act, to prescribe the manner in which such reports shall be made and to require from such carriers specific answers to all questions upon which the Commission may need information." Elaborate provisions are also made relating to various phases of these reports, such as their contents, time of filing, special reports, system of keeping accounts, method of compelling the filing of such reports, and the mutilation and destruction of records. The last part of this section contains the celebrated "Carmack Amendment," making the initial carrier of goods received for transportation to a point in another state liable for loss or injury to these goods, even though such loss or injury occur on the line of a connecting carrier. From this liability, the initial carrier cannot relieve himself by contract or regulation. Provision is made that the holder of the bill of lading shall not be deprived of any "remedy or right of action which he has under existing law." When such loss or damage occurs on the line of the connecting carrier, the initial carrier is given a remedy over against such connecting carrier. The constitutionality of this "Carmack Amendment" was sustained by the Supreme Court.12 Reference has already been made to this amendment, in discussing the rule of Muschamp's Case 13 and the situation in America, and also in treating the limitation by contract of the carrier's common-law responsibility. Section 21. Annual Reports of the Commission to Congress Annual reports of the Commission to Congress are required by this section. These reports contain valuable data and information collected by the Commission, recommendations as to additional legislation deemed necessary by the Commission, and "the names and compensation of the persons employed by said Commission." An admirable epitome of the value and volume of the work done by the Commission is contained in these annual reports. Section 22. Persons and Property that may be Carried Free or at Reduced Rates This section permits certain freight and passenger traffic to be handled by the carrier, either free or at reduced rates. It should be read in connection with that part of section 1 of the act prohibit 12 Atlantic Coast Line R. Co. v. Riverside Mills, 219 U. S. 186, 31 Sup. Ct. 164, 55 L. Ed. 167, 31 L. R. A. (N. S.) 7. 13 See ante, § 145. 14 Ante, p. 409. ing "free ticket, free pass, or free transportation to passengers." Permissive provision is made as to "joint interchangeable five thousand mile tickets, with special privileges as to the amount of free baggage." The cases enumerated in this section, as to which this indulgence is permitted, have been held to be illustrative, and not exclusive.15 Section 23. Jurisdiction of United States Courts to Issue Writs of Mandamus Under this section, jurisdiction was given to the United States courts to issue peremptory writs of mandamus commanding the movement of interstate traffic at rates and under conditions as favorable as those existing as to other shippers. Section 24. Constitution of the Commission This section enlarged the Commission to seven members, with seven-year terms and annual salaries of $10,000. The appointment of these Commissioners is by the President, by and with the advice and consent of the Senate, and "not more than four Commissioners shall be appointed from the same political party." THE SAFETY APPLIANCE ACTS 19 These acts consist of the Safety Act of 1893, entitled "An act to promote the safety of employés and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving wheel brakes, and for other purposes," the amendments of 1896 and 1903, and the supplementary Safety Act of 1910. The general tenor of these acts is to compel common carriers by railroad, engaged in interstate commerce (or in commerce in the territories or in the District of Columbia), to equip their locomotives with driving wheel brakes and appliances for operating the train-brake system, and to equip their cars with automatic couplers, grabirons, handholds, sill steps and hand brakes. "All cars requiring secure ladders and secure running boards shall be equipped with such ladders and such running boards." Provision is also made for fixing a standard height for the drawbars on freight cars. 15 Interstate Commerce Commission v. Baltimore & O. R. Co. (Party Rate Case) 145 U. S. 263, 12 Sup. Ct. 844, 36 L. Ed. 699. 16 See Judson, Interstate Commerce, §§ 497-526. For a compilation of the act, with its amendments and supplementary provisions down to December 31, 1913, with full historical and explanatory annotations, see U. S. Comp. St. §§ 8605-8650. The act provides penalties for its violation, and gives the Interstate Commerce Commission varied powers for its enforcement. It further provides that, when the statute is violated, the carrier's servant, by continuing in the service with knowledge of such violation, does not assume the risk of injuries thereby occasioned. This provision was wisely inserted to prevent the carrier from escaping liability to the servant, when the act has been violated to the servant's injury, by pleading the well-known, but eminently unfair, defense of assumption of risk. 17 THE EMPLOYERS' LIABILITY ACTS 1T These acts comprise the Employers' Liability Act approved June 11, 1906, and declared unconstitutional by the Supreme Court in the Employers' Liability Cases; 18 the Employers' Liability Act approved April 22, 1908, declared constitutional by the Supreme Court in Second Employers' Liability Cases; 19 and the amendatory act of April 5, 1910. The brief summary given below covers the act of 1908, as amended in 1910. The act applies to common carriers by railroad engaged in interstate or foreign commerce (section 1), and to "Every common carrier by railroad in the territories, the District of Columbia, the Panama Canal Zone, or other possessions of the United States" (section 2). The carrier is liable in damages to any person suffering injury "while he is employed by such carrier in such [interstate and foreign] commerce" (under section 1), or is "employed by such carrier in any of said jurisdictions" (District of Columbia, etc., under section 2). Such injury must, in addition, be one resulting wholly or in part (a) "from the negligence of any of the officers, agents or employés of such carrier," or (b) "by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment." It will be seen that of these (a) is broad enough to abrogate the fellow servant rule, and there is a recovery by the injured employé when the injury is due to the negligence of a fellow servant. Under section 1 of the act, ample provision is made for suit by the personal representative of the injured employé, for the benefit 17 See Judson, Interstate Commerce, §§ 527-540. For a compilation of the act, with its amendments and supplementary provisions down to December 31, 1913, with full historical and explanatory annotations, see U. S. Comp. St. $$ 8657-8665. 18 Brooks v. Southern Pac. Co., 207 U. S. 463, 28 Sup. Ct. 141, 52 L. Ed. 297. 19 Mondou v. New York, N. H. & H. R. Co., 223 U. S. 1, 32 Sup. Ct. 169, 56 L. Ed. 327, 38 L. R. A. (N. S.) 44. of specified relatives, when the employé's death results from the carrier's negligence; while section 9 (added by the amendment of 1910) provides for the survival to the personal representative of the right of action for the injury given to the injured employé. The third section, on contributory negligence, first provides that contributory negligence of the employé shall not be a complete defense to actions brought under the act, "but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employé." Then the section even more sweepingly provides that the employé cannot be held guilty of contributory negligence at all, when his injury or death was in any way due to the carrier's violation of "any statute enacted for the safety of employés." The Safety Appliance Acts, just discussed, are excellent examples of such statutes. In suits brought under this act, section 4, when the death or injury is wholly or partly due to the carrier's violation "of any statute enacted for the safety of employés," takes away the carrier's defense of assumption of risk. The employé does not, in such cases, assume the risk of death or injury resulting from the carrier's violations of these statutes. Section 5 wisely safeguards the practical value of the act by providing that no contract, rule, or device of the carrier can exempt the carrier from the liabilities imposed by the act. The carrier, however, in suits brought under the act, may diminish the recovery by setting off "any insurance, relief, benefit or indemnity" paid by the carrier on account of the death or injury. A time limitation is imposed by the provision of section 6 “that no action shall be maintained under this act unless commenced within two years from the day the cause of action accrued." This section (as amended by the act of 1910) also provides, as to suits brought under the act: "The jurisdiction of the courts of the United States under this act shall be concurrent with that of the courts of the several states, and no case arising under this act and brought in any state court of competent jurisdiction shall be removed to any court of the United States." Under section 7, "the term 'common carrier,' as used in this act, shall include the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier." The cumulative aspect of the act is emphasized by section 8, which provides that the act shall not be construed as in any way limiting either the duty of the carrier or the rights of the employé under any other acts of Congress. TABLE OF CASES CITED [THE FIGURES REFER TO PAGES] Abbazia, The, 357. A Abbe v. Eaton, 463. Abbey v. Robert L. Stevens, The, 309. 64. Accousi V. G. A. Stowers Furniture Co., 664. Acton v. Reed, 264. Adams v. Blankenstein, 422. Adams v. Carlisle, 39. Adrian Knitting Co. v. Wabash R. Co, 421. Etna Ins. Co. v. Bank of Wilcox, 199, 215. Etna Ins. Co. v. Wheeler, 387, 449. Agnew v. Contra Costa The, 351. Alabama G. S. R. Co. v. Arnold, 680. Alabama Great Southern R. Co. v. Gil- Adams v. Chicago Great Western R. Co., Alabama G. S. R. Co. v. Harris, 618. 548. Adams v. Clark, 504. Adams v. Clem, 292, 295. Adams v. Lee, 171. Alabama G. S. R. Co. v. Heddleston, 676. Alabama G. S. R. Co. v. Hill, 672, 680. Adams v. New Jersey Steamboat Co., Alabama Great Southern R. Co. v. Mc 248, 661. Adams v. O'Connor, 200, 215. Adams Express Co. v. Adams, 374, 389. Adams Exp. Co. v. Darnell, 327, 426. 479. Adams Exp. Co. v. Haynes, 377. Adger v. Blue Ridge Ry., 652, 655. DOB.BAILM. Kenzie, 426. Alabama Great Southern R. Co. V. Alabama G. S. R. Co. v. Sellers, 543. Alabama Great Southern R. Co. v. Yarbrough, 534, 674. Alabama Midland R. Co. v. Guilford, 579. Alabama State Bank v. Barnes, 197. Alabama & V. Ry. Co. v. McKenna, 515. Albin v. Chicago, R. I. & P. R. Co., 539, Albin v. Presby, 276, 277, 281. Alden v. Grande Ronde Lumber Co., 118. (697) |