, 1874-02-11
WISCONSIN,,
;rho IT Il .i,a'ixsay; ns;t; question in liz Legls:
latNrG. {
Bills to Regulate Charges.
Argument n Of the cqh'eqeel l & Northwest.
-, ern Railroad.
Injurious and Unjust, nGocts of
Pro-Is.lta Bills.

injurious >&tutt, OAl JuSbt' IuCCCS OI
. Pro-Isatn Bills.
Tho following argument was yesterday read
before tho Judiciary Con,mitteo of tho Wisconsin
Assembly by'J. W. Midyley. Esq, OIL belalt Of :
tho Chicago l. Northwestern 1lnlwny Company.
having special reference to tho Henderson pro-
rata bill now ponding: ., 49,. !
10 the Honora1e tho senate and Assen1y er tho satc
Of lraconsia:. ,-..
On behalf of tho! Chicago. 4 Northwestern
Railway Company, ! respectfully submit a., fow
considerations why: tho, several bills affecting
and particularly Assembly bill No.: 90, ;
To Regulate 1,ailrontB In tho Stato Of WiBcon-
sin. should. not bocomo Inv. .
e Tho disposition to,regulato railroads, is not o
now manifestation. 1t began with the inception
Of tho syBtom. Through all the years intoryen-
ing, wherever railroads haye' boon run, Legisla-
tivo control Inns boon yariously attempted Tho
ablost minds Iii Europe md America have vainly
wrcstled with tho proble1n; and, iu tho light Of
universal failure, it eau, be de1nonHtratod that
rigid formulH would compel thoa railroads oft
also procludo their exercising that discretion In
ratth demanded by tho fluctuations or trado,
which is al esuentiAl eloMont of commercial law.
EQUAL M1aEAuE RATES. -, -
The principle 20 o. charging for each clasa &, Of
lance carried Hounds very plausible; but Select
Committee Of Tho British Parliament, after thor
otlgLly Investigating tho question:, 60 recently nR
last year. ca1no to the deliberate conclusion that
would be to deprive the publio Of tile benefit Of
much of tho competition which now existe or
iiaB existed; to raise tho chhrgcH in many cases
where the companies noW fiul 1t to their interest
to lower them; aud to: perpetuato monopoly In,
carriage, trade and manufactnre, in favor Of
those routes and pllceH which aro nearest least
expensive, where tho varying charges Of the
companies now create competition. ~
"And It will bo found Tint tho supporters Of
equal mileage, when pressed, often moan, not
tliat tho rate tlloy themselves pny aro TOD hgh
but TINT the rates ihat others pay aro too low.
Pressed by. theeo difficulties, tho proposerB Of
equal mileage hayo admitted that thore 1iuHt bo
numerous oxcent'ons,, Q. g., whero there 10 Water
tanceB will bring profit; or where tho article
carried ut low rate il Q necessity, such as
coal"
sItia scarcely necessary to Observe" continue
tho Committee, :" that such exceptions as these,
while inadequate to 1ncet MI tho various caacs,
destroy tho value OF equal milousa principle,
or tho possibility OF applying it as general
Ohio has particularly distinguished. herself in
inferred from tue State llailroad COMMISSIONER
report in 1870. spealking Of the nino differ
ont tariff prescribed for tho transportation
Of passengers and freight, ho pronounceH those
intended beno1tA tho moBt fruitful source Of
complaint" and,. Of oile existing law, lie ro-
marked that its strict enforcement would "oblige
sorlo companies ultimately to suspend business,
prohibit tho. transportation Of certain articles
by rail, or. compel their transportation below
actual cost"
: ,..1usr EXPERIMENTATION.
Tho PROPOSED bill to regulate railroads would
prohibit just discrimination. =" circumstances
ind conditions laily alfse under yhicl, It la Gu
ipo,itly fair to all tlut Discrimination Should be
allowed. Tho man who buys a bale of, cloth
gotta ii at q ohoapor ratc tan Cue man who buysa
yard. II this recognized principle is sonnd, i
should it not equally apply to transportation
Tho man wloshlps a train-load Of freight is cor
tainly entitled to a lower rate than tho man who
carried is thu same. Wore tho full cargo dos
tined to point only three or four miles distant,
aud tho car-load 800 milcs, tho caHo would ID
different, because, trailspoltaton can bio con-
for ton miles, provided all other things arc
lilo further west wc Co. tho less travel aud
freighting il seen. For tile first twenty-five
miles outof Milwaukee, the passengor-cars OF
tho ut. Paul Conpany arc crowded thereafter,
tho passengers thin out, mud cara arc dropped
Off. But tic cost Of hauling tho lighter trains,
per mile, III ony q triflo leaH than Oh tho heavy
"runa." Yet tho proposed bill would COMPEL
railway companies to earry passengers Ut Ut TIC
there is seldom ono car load, never moro than
two, as upon their main or through lines Where,
on account OF there boing more passengers, they
can we'll be carried at less cost Eer passenger,
This would forco the companies to extort from
main line. passengers compensation: for work
done for branch limo patronB.
rRefofonce is frequently mnde to the two cents
per milo rato on tho Ne" York Oontral' Railroad.
Tnat limo Is dotett with populous citios Its entire
length, which yield It such MI enormous Traffic
that it can botter afford to. take passengers ut
its low figure than any Wisconsin Railroad eau
at double tho rate. Similar conditions enable
leading Westertl roads to cnrYy passengers at
less cost on their na'n lines than upon their
branches. -" =
Should this. bill. become law, tho companies
will be obliged to run less number of trains OIL
ther brauol, roads, and thus ipcommodo tho
public foriit ia plnln, people must 50 without
what they will not pay for.
ADvASrAoEs or INSTRUMENTATION.
Sec. 2 declares it uniusti0aBle to discriminate
OH nceount or ary competition whnteyor. Sup
poBo tho rate OIL grain from Sparta to Milwaukee
Ia 15 centH pcr bnshcl, Tint cents per bualel is
tho profit over mud above tho actual expoi'se Of
transporting tho grain, and TINT this amount is
only Just enough to pay reasonable return
upon the Compnny's Investment. Further west,
on the Banlo limo, at LaCrossc there is power
which lumber aud grain aro noatod to St. Louis
The river likes the rate Mt which transportation
shall ho done. Having no cxpeusiye track to
maintain; tho steamboats,, with their capacious
] barges, Gun move cheaper than any. ruil-
road can, but not 80 cheap as to leaye no
profit whatovor to tho railroad Il it carries
freight at the rste Thus fixed by tic river. IL
it not clearly better for the people Of sIartn,
Oh amy intermediate station. That the Company
should take the produce and merchandise from
LaCrosAo to 1fiwnukco ut profit Of / cent, or
oyoN ]1 cent por b,,shel (proyidea that is the
Ialgoat profit tho rate fixed by tic river will nj
low) ,;und thuH DO enabled to do tho local traiio
tre cheaper than it could otherwise, were THO
whole burden OF payiug tho intorost OIL tho cost
| Of Tho road thrown upon the local business !?
| Wore all the business to be done OIL tho low
basis Of the river rates, tho railroads could not
be maintained nor would my ono have been
do all at tile river prico. 1t was just because
| thero wus no 1layIgable river running across tho
Stnta !; that it waH almost nnocoupled until tue
railroads were built,
| If the companies are MOTTO epermitted to get
| from tho river business what profit thoy caa,
/ ulldor exiating oircunstancos, thore seems no
other way than, to forogo it,. and lot tho local
| tariT pay all Tho expenses OF tho road. This
may evoke tho. 4uely: How is it, if you can
afford To do n particular item Of business Mt n
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