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upr000329-027
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Pag® 2 July 21, 1937 Mr* B* £• Wedekind; not subject to the Interstate Commerce Act, could f a l l within the class of information comprehended by the provision in question* Weight agreements or weight schedules of the character under con s i derat ion do not, as I understand them, disclose anything with respeet to specific shipments, past, present, or prospective, which may be used to the detriment or prejudice o f the shipper or consignee or which may improperly disclose his business transactions to a competitor* As a matter o f fact, many shippers disclose their shipping weights to the trade in one fora or another and, in a broad sense, a plan such as proposed,designed to bring about uniformity in the use o f weights upon standard weighted a rtic le s , would tend to produce resu lts ben e ficial to shippers and consignees rather than of a detrimental or preju dicial nature* Furthermore, it w i l l be noted that Paragraph (11) o f Section 15 provides that nothing therein contained sh all be construed to prevent the giving of information (the disclosure of which is declared unlawful) under certain circum­stances, among which is the disclosure of information *by a common carrier to another c a rrie r or it s duly authorized agent, fo r the purpose o f adjusting mutual tr a ffic accounts in the ordinary course of business of such c arriers"* While an Intercoastal steamship lin e i s not, s t r ic t ly speaking, a "c a rrie r* within the meaning of th is proviso, there are mutual t r a ffic accounts to be adjusted between such carriers and common carriers subject to the Interstate Commerce Act, and nowhere in that Act does anything appear that even tends to prohibit or make unlawful arrangements sueb as the furnishing of the bases upon which the weightsof shipments are determined, which may fa c ilit a t e the checking of data shown on freigh t b i l l s , etc*, as advances or otherwise, which are necessary to adjust t r a ffic accounts between water carrie rs and common carrie rs subject to the Interstate Commerce Act in the ordinary course o f business o f such carriers* In addition, i t should be borne in mind that, in many instances, the bases for the weight agreements made by the r a i l lin es with shippers are actually disclosed to the water lines without the direct furnishing o f the information as now