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upr000329-030
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    C.E.Duffy E.E.Bennett L.N.Bradshaw July 16, 1937, P ile : G-3779-4 The reason fo r the proposed interchange o f agreements is to bring about uniformity o f b illin g weights fo r standard weighted a rtic le s between r a i l and steamship lines when such commodities are covered by weight agreements executed either by a r a i l lin e o r one o f the Intercoastal Steamship Freight Association lin e s, and to eliminate duplication of e ffo rt in the execution of separate weight agreements fo r both r a i l and steamer lines* I f the interchange of weight agreements is arranged, the understanding between the r a i l and steamship lines w ill be that the steamship lin es w ill accept railroad weights of a shipment,the b illin g covering which bears notation to the effeet that the weight is an agreement weight, and that the r a i l lines w ill accept steamship weights o f a shipment,the b illin g covering which bears notation to the e ffe c t that the weight la an agreement weight * Hr* Hallmaxk advises that a sim ilar arrangement is now in e ffe c t between the various r a i l inspection bureaus operating in d iffe ren t parts of the country* X have been unable to fin d either an Interstate Commerce Commission decision or a court decision which is helpful in de­ciding the question presented by Mr. Hallmark. The decisions wfaieh have been made by the Consnission with respect to paragraph 11 o f Sect-ion 16 had a tendency to construe that paragraph quite s trie tly . For example, in Sample v. A.T, & S.F* Hv. . 139 I.C.C. 324, the Coasaission had occasion to consider the grape car plans o f 1926 and 1927, wherein the railroads required the grape shippers to f i l e their ear requirements with a joint ra ilro ad representative, together with a printed statement authorizing the la t t e r to discuss the data with a d is tric t public advisory committee which had been set up for the purpose of advising in connection with car d is trib ­ution. You w ill note, on page 335 of the report of the Commission in that case, that the Commission was very doubtful about what would constitute consent by the shipper to dl selosure o f the info mat ion contained on the statements file d by the shippers. I f the proposal to interchange the weight agreements with the steamship lines is put into effeet as suggested, i t appears to me that at least some of the Information mentioned in Paragraph 11 o f Section 15 would be given by the r a il lin es to the steamship lin es in contravention o f the Act.