deviation to save life or property and any reasonable deviation, etc.-seems to adequately protect all parties. To eliminate this stipulation (reasonable) could only mean that the carrier would impose unreasonable terms as he does

now.

In view of the fact that Great Britain by legislation adopted these Hague rules practically as agreed, including the deviation clause therein stipulated, the enactment of H. R. 11447 with the altered deviation clause would give rise to a peculiar situation. That is to say, foreign vessels when sailing from Great Britain to the United States would be obligated under the British act to issue to shippers bills of lading including the deviation clause as proposed by The Hague conference, whereas if this H. R. 11447 is enacted in its present form these same vessels when taking cargo from the United States would by grace of the easier terms allowed by legislators here be permitted to impose on American exporters such unreasonable deviation conditions as The Hague conference desired to do away with altogether, and which the British Government by legislation has now prohibited.

The United States certainly could hardly be expected to grant by legislation more favorable conditions to carriers as to exports from the United States than other governments allow to those same steamers as to exports from those countries to America or elsewhere.

Furthermore, one of the principal reasons for The Hague conference was to secure by legislation uniformity in bill of lading conditions, something that is universally desired. To adopt section 4, subsection 4, as proposed in H, R. 11447, against the recommendation of The Hague conference and in conflict with legislation along these lines enacted by other Nations, is to completely frustrate that good purpose. We urge then that section 4, subsection 4, be so amended as to bring it into harmony with the proposal of The Hague conference, and which is now embodied in the British act.

If this bill may not already have been amended by the committee as thus proposed we request that we may be heard thereon. This association, comprising in its membership practically all grain exporters, east of the Rocky Mountains, is very much interested in bill of lading provisions. We regret that through no fault of ours we failed to learn of the hearing to-day.

We might further add that on page 5, line 6, if the phraseology was changed to read:

"The shipper, carrier, and the receiver shall give all reasonable facilities, etc."

It would better give to this paragraph the meaning it was intended to convey.

If any serious objection has been made to any of the other clauses of H. R. 11447, may we be advised of their nature?

We hand you herewith two bill of lading forms used by representative steamship companies, on which we have marked the deviation clauses as employed by them and by many other lines in the same or similar form.

Respectfully yours,

JAS. WARD WARNER,

President.

DEVIATION CLAUSE EMPLOYED BY UNITED AMERICAN LINES (INC.) JOINT SERVICE WITH HAMBURG-AMERICAN LINE, ISSUED SEPTEMBER, 1923

The carrier may substitute another vessel or vessels or tranship the whole or any part of the goods by any other vessel, whether operated by the carrier or by others at the original port of shipment, or at any other place or places and may forward the goods by other means when necessary, but shall be under no obligation to do so. The vessel with the goods on board, either before or after proceeding toward the port of discharge may remain in port, proceed by any route and deviate from or change the advertised and intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to or outside of or beyond the usual route to said port of discharge, once or oftener, in any order, backwards or forwards, for loading and/or discharging cargo, fuel, stores, or passengers, and/or for any purpose whatsoever that in the opinion of the carrier or master may seem advisable, and although pertaining to another voyage. This liberty is not

to be considered as restricted by any words of this contract whether written. stamped, or printed. The vessel may adjust compases, dock and go on ways without pilots, tow and assist vessels in all situation and deviate for the purpose of saving life or property.

DEVIATION CLAUSE EMPLOYED BY WHITE STAR LINE, NEW YORK TO SOUTHAMPTON SERVICE, ISSUED DECEMBER, 1923

Received in apparent good order and condition from- -to be transported by the steamship- -now lying at the port of New York and bound for the port of Southampton, or near thereto as she may safely get, with liberty for the carrier, in its discretion, before or after shipment or loading, to ship the whole or any part of the goods by any other steamship or steamships, although prior or subsequent, either of this line or any other line, or independent steamers, with liberty in addition to any liberty expressed or implied in this bill of lading, for such steamship or substituted steamship, either before or after proceeding towards the port of destination above named, to proceed to or return to and stay at any ports or places whatsoever, including any in contrary directions to or out of or beyond the customary or advertised route, once or oftener in any order backwards or fowards, for the purpose of trading, or for any other purposes whatsoever, and all such ports, places and sailings shall be deemed included in the intended voyage, and to carry goods of all kinds, dangerous or otherwise, and to carry live stock and/or cargo on deck.

DEVIATION CLAUSE EMPLOYED BY CUNARD LINE, LONDON TO NEW YORK

(E) To proceed to and use any port or ports in any rotation for any purposes whatsoever, whether in, or out of or beyond, the customary or advertised route, and all such ports shall be deemed to be included in the intended voyage. (F) To put the ship into dry dock for any purpose whatsoever with the whole or part of the cargo shipped under the bill of lading on board, at any time and place, before or after sailing, or after arrival at the port of discharge. (G) To land and/or transship the goods and to forward them to their destination by land or water should the ship put into a port of refuge, or from any cause be prevented from commencing or proceeding in the ordinary course of her voyage.

(The committee thereupon adjourned.)

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