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Transcription
U n io n P a c if ic R a il r o a d C o m p a n y N . H . L O O M I S , OENEBAL SOLICITOR L A W D E P A R T M E N T O M A H A , NEB., May 16, 10 • Hon. W. B. Kelly, Gen'l. Counsel, Salt Lake Route. Los Angeles, C a lif. Lear Mr* K e lly :- I "beg to acknowledge receipt of your favor of May 4th, 1910, with respect to claims o f the American Smelting & Refining C o.. for refund of freight charges assessed on erroneous mine weights. Replying thereto, I enclose a copy of my letter of May 6th, 1910, to Mr* H. J. S tirlin g , Auditor, giving it as my opinion that a t a r i f f provision, 'Mine Weights w ill Govern', would he no defence to an action to recover freight charges assessed on incorrect mine weights, i f the evidence was clear that such weights were, in fact, erroneous. It does not seem to me that authority of the Interstate Commeroe Commission is necessary to make refund of such charges* The purpose of the provision in our ta ri f f s , is to avoid controversies over the difference, from natural causes, between mine and destination weights,
