| Quartermaster General's Department |
| Richmond, 8th Apl 1862 |
| |
| Charles Ellis Esq |
| Prest Rich & Petbg R Road {Richmond &
Petersburg RR} |
| Richmond Va |
| |
| Sir, |
| I have considered the contents of
your letter of the 29th ult respecting certain deductions made by Lt Col
Smith in settling the transportation account of the Richmond &
Petersburg Rail Road arising from the loss of public supplies coming to
this point. |
| Your object to the justice of his action on the ground
that many of the deductions occurred prior to the adoption of the
Chattanooga rates and 2 that the losses are not traced to your company
to the exclusion of others. |
| I have never considered that the clause inserted in my
offer to the various rail road companies varied their responsibility as
common carriers. It was but in the nature of a notice or recognition of
these pre-existing liabilities. In regard to the second objection I
think that the understanding prevailing among the companies disposes of
that. |
| The companies act in concert and to a certain extent
are the insurers of each other. |
| In one of these resolves they determined that losses
should be settled by the company at the terminal point; to be charged by
it to the road in which the loss actually occurred, if that could be
ascertained, otherwise to be distributed along the whole line in
proportion to the freight received by each road. |
| Your company as the terminus one would seem to have its
remedy against the others, and the Government be justified in making the
deductions, in the manner it has, without instituting inquiries to
ascertain at what particular point the loss occurred. |
| Your company can insist, should you deem that course
advisable, that the Quarter Master or Commissary shall ascertain the
fact of loss before the supplies leave your Depot or the custody of your
agents. |
| A. C. Myers |
| Q. M. Genl. |