This bill will correct some of the defects in the existing law as it now applies to rights of cargo. As the law now reads the shipper has to do all the proving when his shipments are damaged, and the one he has to prove the damage to is, in most instances, the party that did the damage. The change proposes to shift this burden of proof, and it would be up to the steamship lines to prove that they did not damage the cargo to avoid paying a claim. Yours truly, D. L. MULLEN, Traffic Manager. Hon. SCHUYLER O. BLAND, MINNEAPOLIS, MINN., December 27, 1935. Chairman, Committee on Merchant Marine, Fisheries, and Radio, House Office Building, Washington, D. C. DEAR SIR: Referring to White bill (S. 1152) which we understand passed the Senate in the last session of Congress and is now before your committee. We feel that this bill would be of direct benefit to exporters of all kinds in the United States, and as we are actively interested in exporting flour to various markets, we urge your support of the bill in question, and thank you in advance for anything you may be able to do in helping its passage. Yours very truly, INTERNATIONAL MILLING CO., By A. C. BREDESEN. Hon. SCHUYLER O. BLAND, SAN ANTONIO, TEX., December 27, 1935. Chairman, Committee on Merchant Marine, Fisheries, and Radio, House Office Building, Washington, D. C. DEAR SIR: For a long while shippers of merchandise in foreign commerce have endeavored to secure the enactment of what are known as The Hague rules, which, as you know, alter the clauses under which the shippers of merchandise in foreign commerce have been forced to operate. The major changes in our existing law will be brought about by the passage of the White bill (S. 1152), which is before your committee. We feel that the passage of this bill will greatly help our commerce and should bring about the better handling of cargo by the carrier, for it increases the liability of the carrier and voids certain exceptions appearing in the bills of lading, which have heretofore been forced upon the shipper. We would therefore appreciate your support of the above-mentioned bill. Hon. SCHUYLER O. BLAND, LIBERTY MILLS, By M. C. GIESECKE. THE ROBINSON MILLING CO., Salina, Kans., December 26, 1935. Chairman, Committee on Merchant Marine, Fisheries, and Radio, House Office Building, Washington, D. C. MY DEAR SIR: It is our understanding that the White bill (S. 1152) is before your honorable committee. We are heartily in favor of the bill and trust your committee will see the expediency of recommending it for passage. Shippers have been seeking the reforms as proposed under the White bill for about 30 years, and it is therefore to be hoped that the passage of this bill will make them a realization. Respectfully yours, JNO. C. KOSTER. Hon. SCHUYLER O. BLAND, SALINA, KANS., December 26, 1935. Chairman, Committee on Merchant Marine, House Office Building, Washington, D. C. SIR: Permit us to suggest that you support for passage and approval the White bill, S. 1152, which would have the effect of putting the Hague rules into effect in the United States with respect to rights of cargo, etc. The proposed changes would help the export shipper by placing him more nearly on the same basis with respect to these features covered, as are the shippers from other countries. As far as we can see it, there are no bad features in the bill, and it would really be helpful. Yours very truly, THE SHELLABARGER MILLS, By E. W. REED, Vice President and Manager. Hon. SCHUYLER O. BLAND, COMMANDER-LARABEE CORPORATION, Minneapolis, Minn., December 26, 1935. Chairman, Committee on Merchant Marine, Fisheries, and Radio, House Office Building, Washington, D. C. DEAR SIR: May we urge you to give most serious consideration and your valuable support to the so-called White bill (S. 1152) which we understand is now with your committee, and which would operate to put into effect the socalled Hague rules bills-of-lading provisions on export shipments. Yours very truly, R. W. GOODELL, Executive Vice President. SEYMOUR, IND., December 27, 1985. Hon. SCHUYLER O. BLAND, Chairman, Committee on Merchant Marine, House Office Building, Washington, D. C. (White bill (S. 1152)-Hague Rules) DEAR SIR: For many years past those interested in export from the United States have made serious efforts to secure enactment of the Hague Rules to apply to the United States, for the purpose of correcting several serious defects in our existing law as it applies to cargo rights. The above bill passed the Senate during the last session of Congress and is now before your committee. We are taking the liberty of addressing you in the hope that your committee will see your way clear to favorably reporting this bill to the floor of the House at the earliest possible moment. Yours very truly, Hon. SCHUYLER O. BLAND, BLISH MILLING CO., By J. L. DAVIS, President. GENERAL MILLS, INC., Minneapolis, Minn., December 26, 1935. Chairman, Committee on Merchant Marine, Fisheries, and Radio, House Office Building, Washington, D. C. DEAR CONGRESSMAN: I understand that during the last session of Congress the Senate passed the so-called White bill, S. 1152, which makes effective the Hague Rules with respect to the United States cargo in ocean shipping. The enactment of the Hague Rules would be of great value to United States exporters, and there appears to be little reason why they should not be adopted since these rules are generally effective with respct to the commerce of other countries, and the enactment of the bill would only put our shippers on a par with their competitors. I hope your committee will find an opportunity to consider this bill at the forthcoming session of Congress and that it may be favorably reported. Yours very truly, SYDNEY ANDERSON.. MINNEAPOLIS, MINN., December 26, 1935.. Hon, SCHUYLER O. BLAND, Chairman, Committee on Merchant Marine, Fisheries, and Radio, House Office Building, Washington, D. C. DEAR SIR: This letter is being written with reference to White bill, S. 1152.. It is our honest opinion that the passing.of this bill will be of great help to all exporters in this country, and we, as one of them, urge its adoption. We hope that you will support the passage of White bill, S. 1152. Yours very truly, H. H. KING FLOUR MILLS Co., By E. E. BLIESATH, Secretary. Hon. SCHUYLER 0. BLAND, DECATUR MILLING CO., INC. Decatur, Ill., December 26, 1935. Chairman, Committee on Merchant Marine, Fisheries, and Radio, DEAR SIR: We respectfully ask your support favoring White bill, S. 1152, for prompt enactment of the Hague rules, which is now before your committee. We believe this bill deserves your support and that it is the opinion of the shipping public to make this a law. Chairman, Committee on Merchant Marine. Fisheries, and Radio, [Resolution no. 17] PARIS CONGRESS, 1935, INTERNATIONAL CHAMBER OF COMMERCE THE HAGUE RULES The International Chamber of Commerce notes with great satisfaction the progress which has been made, since its Vienna Congress in 1933, toward the general adoption of the Hague Rules Bill of Lading Convention. The Governmental Martime Law Committee of the Scandinavian countries have decided to recommend the enactment of the rules, the United States Senate has voted to ratify the convention and has before it, favorably reported, a bill to enact the rules, and Italy and Canada have given assurances that they will make the rules effective when the United States bill has been passed. When the above countries have taken official action, about 80 percent of world tonnage will be governed by the same law defining the obligations of carriers and the rights of shippers in overseas trade. The International Chamber of Commerce reaffirms its strong belief that diversity of law among the nations on the important question of international transportation produces needless friction and litigation and constitutes a trade barrier which can be of advantage to no one and is prejudicial to all. It is therefore resolved that the appropriate committees of the chamber be instructed to continue their work as vigorously as possible to the end that favorable action may be secured at an early date by the countries which have not yet adopted the Hague rules. Hon. SCHUYLER O. BLAND, WASHINGTON, D. C., August 17, 1935. Chairman, House Committee on Merchant Marine and Fisheries, United States House of Representatives, Washington, D. C. DEAR MR. BLAND: Perhaps you may recall that during the hearings some years ago on the Hague rules bill before your committee, I was one of the principal opponents. Since that time we, and other opponents, have managed to reconcile our views with the views of the proponents. This reconciliation of views resulted in all American interests concerned agreeing to certain amendments to the original Hague rules bill, and these are embodied in Senator White's bill (S. 1152), which passed the Senate yesterday. It really is important that this bill be passed upon by the House at this session of Congress, if possible. The reason is that the Senate some months ago, without warning to anybody, authorized ratification of the Hague or Brussels Rules Treaty which, without reservations along the lines of the White bill, is highly objectionable. The State Department agreed not to deposit the ratification in Brussels until the American interests could have an opportunity to urge upon Congress the passage of the White bill. Permit me to assure you that S. 1152 has the wholehearted support of this organization and, so far as I am aware, of all American interests, including shippers, steamship owners, underwriters, and bankers. We really feel that American interests would be promoted if this bill could be favorably reported by your committee in the near future in order that it might be acted upon at this session of Congress, if possible. Yours very truly, The CHAIRMAN. But the customary route might carry them out a long distance; as some gentleman said, it might carry them to China, might it not? Mr. BARBER. Yes, sir. The CHAIRMAN. But that would not be the way you understand it? Mr. BARBER. I am confident the understanding on the part of our conferees has been that the word "deviation" should mean departure from the contract voyage as stated in the bill of lading. I have not had an opportunity to consult the members of the conference on that, except the two or three I have talked to here, and if they have any difference of opinion they could probably express themselves right now; but I feel justified in expressing to the committee that understanding of ours with respect to the meaning of that term. The CHAIRMAN. But they would not represent all those who have been consulted about this bill, as it is prepared, as to the language of this bill. Mr. BARBER. No, sir. The CHAIRMAN. I know that deviation clause has been a source of considerable controversy in the past, and is apt to defeat this measure. Mr. BARBER. I am sure the gentlemen here really represent those who have been most actively interested in this matter from the beginning, with the exception of Mr. Draper, because I have discussed this question of the meaning of deviation with him. We want to thank you very much for according a hearing to this long list. The CHAIRMAN. Let me say that any briefs or anything which are desired to be filed should be filed at a very early date. There are some amendments that have been suggested by the Department of Commerce and, when the hearings are available, you can see them, or you can see them in the office of the clerk, and the correspondence. They are not very many. As a matter of fact, the Department of Commerce say they would rather see the bill passed without those amendments than to have the bill imperiled by a long controversy over those amendments. If there is no one else who wants to be heard, the hearings are closed. (The committee thereupon adjourned subject to the call of the chairman.) |