New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-21
y. think the money he has paid can BE- rccovsr,I

back.
ton of the Railways Consolidation ACT says: All suoR
nd s a. Dc az M u rs 70 all
otherwise In respect OF all and OF all goods q
peed by ike Carriage or engine passing oHy pro.
same portion OF the line OF railway under the cir,
tolls must be charged equally all person. in the samS
circumstances. Money e1torted By inequality tObs
extorted by making an unreasonable charge"
FAvoRITIsM AND DISCRIMINATION.
Answering your next question to whether hays
any personal knowledge OF the existence OF any system
or instances OF favoritism by which persons places
are Disseminated against, will say that persons
do not know OF any recent acts OF discrimination. In
the past have personally suffered from the practice
the refusal railroad company to transport my prop
erty understand, however that cases Of favoritism
on the part of railroad corporations do still exist But
venture to suggest that your board provided by the
Constitution with every facility for discovering whether
such grievances exist the language OF that nst-
ment being: Said commissioners shall have the power
to hear and determine complaints against railroad
and other transportation companies send for persons
and papers to administer oaths, take testimony etc.
Art XII, Sec. %. II seems to me that the powers
ample TO enable you to discover whether the complaints
which have appeared from time to time In Our news
papers, and which have had bearing in shaping the
politics OF our State are well founded not The Con-
stituton certainly does not intend that you should
sume that such grievances exist are You called upon
to act unless formal complaint Is made to YOU II NAV
be said and with reason, that to require shippers
in 80 large stare to come from all parts OF il to
your ONCE in San Francisco to make complaint is vir
tual denial OF Justice. Therefore. II would seem obs
cntitev propcr that your commission SHALL it may law
fully do sit at various places in the State at stated times
upon due notice given, TO hear aud determine any COM
plant that may be presented There can be no general
action or order OF your board In relation to this psrc
uar branch OF your Jurisdiction because each case muse
be determined by the evidence produced to sustainit
and in the light Of its circumstances In other
words each involves trial OF questions OF ac and
the application OF the law mall other judicial proceed
ngs venture suggest to you, as result OF my own
experience railroad matters that you will In this way
obtain more useful testimony and arrive at more correu
conclusions and lie better enabled to efficiently perform
the important duties dcvoying upon you tnsn IN any
parts OF the State where aeceea
y control the charges and operations OF railroad com.
panes you viii derive more peIeGy obiSn S tbe an
stract testimony Of any number OF experts.
WHAT IS DISCRIMINATION
As to the discrimination between places we probably
all have like knowledge. 1 cannot say that have
knowledge of any special intended discrimination be-
tween places; but there is discrimination between
those places which are termed by carriers competitive
points and those places upon the same line OF read
which are non competitive. There is much to be said
upon this subject both for and against the carrier As
against him. may be said that II the competitive point
4, situated one hundred miles away from possible des-
tnation and he afford to move merchandise, or 10
moved over that one hundred miles at given rate no
ought to be willing to mako the same movement for nfy
miles direction at the same rae he receives
for the one hundred That has been Of the principal
points Of contention between carriers ana Shippers nos
only In California, but almost every otner place or
country in which railroad is operated IL would seem
at first glance be only reasonable that the carrier
fnrf ha 1Aesar ~
any more than he does for the GREATER and II that pro-
Vision Of our Constitution contained in section 81 OF
Article XII which reads Persons and property trans
pored over any railroad shall be delivered st any STA
ton at charges exceeding the charges Tor the as
poration of persons and property OF the same Class III
the same direction any more distant station apples
to the rates which charged at competitive POINTS.
and compels the carrier TO give non-competye points
tho benefit OF such rates. then of fcourse such being tho
constitutional enactmentwe need not pursue the inquiry
any further and il is within your province 10 give he
Language have quoted the proper construction II the
construction be given by you shall be that railroad
companies. in order to compete at point on tide or
naygae waters with the cheaper mode Of transit which
such waters Afford offer rate of charge that Will secure
the business to the railroad and that they therefore
prohibited from charging any higher rate al any oher
point upOn their road where there Is no competition Dy
water then will necessarily result that railroads VIII
not be carriers from such competitive points and the
to the owners OF the water craft In other word these
roints will cease 10 be what termed competitive
points and the shipper will he deprived OF the advant
aga arising thcrefrOm and the reason Is that railroad
cannot be operated for the movement Of property as
cheaply "a vessels propelled either by steam or sail
II railroad companies eompee TO accept at all
points upon their road only the prices which barge or
schooner coming into competition with them at par
ticular place compels them To accept they would In
large number Of cases d. such business at an actal
loss. railroad company accepts tie business OF q
competitive point the competitive rate rather than
not have il at ALL its trains moving in certain
direction and having certain fixed charges, 1t does noS
sustain any absolute loss by transporting the freight at
such lower or competitive rate. 1t has certain liked
train expenses which have to be met whether the ears
are wholly partially loaded and, therefore, al inc
goods that 1t get into Its train within the capacity OK
the motive power single train to carry adds to tho
general profit, although por oh Oh IL Is paul
But the whole OF the merchandise on that tram were
ulderpaid the expenses OF its movement could n0 %
met IL may seem very OnerOus 10 person located az
a non competitive point TO be charged hgher rate
than is charged to one whose property US carried
longer distance I'm the same direction but see
this the fault of the carrier In an parts OF o
situated there competition beteen the inland
and the ocean carrier; that it cannot be said thar
higher rate charge by railroad company to pei son
situated midway between two ports than Is chaIS'u o
dscrnation between places The person thus situated
between the two ports is under physicalsadv anthgo
which no railroad company can overcome. The shipper
at the competitive point takes the advantage of his
position and compels the carrier Dy ran 10 move MS
goods as cheapy as the water carrier Will do IT, snd as
the business at the on-c0mpettve point Is not OF
sufficient volume load all the ears which can be pulled
I'm one train the Is compelled TO accept the less
remuneratiye business rather than pull over long ds-
cars but partially laden
COMPETITION IN WATER ROUTES.
This may be illustrated by the traffic between san
Francisco and Sacramento also between stockton and
Oakland Wharf, and between Alameda Point and Santa
Cruz; but the most fOrcibe and interesting Illustration
we have before is the Sute just offered by
the Southern Pacific Railroad for the shipment of our
grain crop between the Bay Francisco and the Port
OF Liverpool shipper at any point on the Bay of San
Francisco that be reached by an ocean vessel takes
advantage OF his position by compelling the railroad
company to take HIS merchandise at the rate made by
the vessel The railroad must accept the ocean rate