The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-02-15
INTER STATE COMMERCE.
How Il Is Proposed TO Regulate Rail-
ways by Legislation.
A Letter From the Hon. John u.
Reagan, Of IeXas.
A Complicated Subject Lucldly Treated

been called % al editorial In the Courier
.JouInai, OF January -llh, beaded 'G-.I
road Regulation"
the calculation Of the Cnuuei-J0Uut
Ia 40 extensive, and some ol tlu matter
stated iu the editorial before Icitrrrd &.
are such q departure tom tao u4tn, on,
show DO litl g understanding ol tho utlec
under consideration, that 1 must asA FOL
you the layor d alllW me % make IA'
necessary corrections,
After calm attention % some tthsrNai
ters you adj, Al n0W la thu Reagan oil
q Is poop I8td - Ctatral.sa tIo C1uir,i u
a., the railroads 10 r. comm ss.un al " saA'
lngtou.n Fu.tnrr GA iu tse EDITOR % i
said: III ME Nrasan'a BIZ passes or out
OF tue sau'e scope aud purpose, hu eahl.
have tuktu tuV most important tifp t1Nulu
c0nsO idAttd empire We could possibly
take. Established o. Washing 1n, % cCli.
mission with the poNtr proposed, give ID
supervision Of tue railroads, and o. wi no.
be long before tue railroads them elves vi
see that 10 istabCr Go control such q com
miGsilu and regulate ltggl ltion than /. On
nov 10 keep their pnols VA order nud refu-
late competition. IL Will recall In the union
VI A.l tuv railroads tor mutual support aud
protection; II would furnish un incentive
heretofore lacking and u weapon ut Oiltuag
which T. is imp1sslble Tor them 70 ioTgs ~
their own power.
Now. IA tue hfst place, the Reagan BIN
does not pr pose 10 establish "a railroad
commission, aud, therefore, none OF The
d...iRefs which 10 IS supposed by this ediio.
rial would grow out OF q railroad com Wis-
sion could result oy the passage OF The
Reagan bill.
The Reagan bill proposes:
first-Io prohibit oil Determinations In
freight rates and charges between indiyid.
uals. requiring like services 20 be rendered
TO all persons for like cumptnsations.
Second-lt prohibits the allowance OF
rebates and drawbacks IN all cases, MS one
OF the means TO prevent unjust disenmina
fions.
Third-It prohibits the pooling offreiphts
by different and competing railroads, 80 NJ
10 secure to the general public the benefits
of competition IN freight rates and charges
and ss means OF llmitirg and rest raining
the monopoly powers OF the railroads.
Fourth-lJ provides u Limitation on the
power OF the railroads 30 discriminate be
tween different places or portions OF the
country by providing that no moro shell
be charged for q car load Of freight for a
shorter than for longer distance Ia one
continuous carriage. This portion Of the
bill recognizes tue right OF tho railroads 10
make determinations in favor OF the
longer hauls, but not to the extent OF
charging more for u carload Tor a
shorter than for longer distance, BY tha
y
the commerce and prosperity of some
nj aces for the benefit OF others, and often
foster and promote schemes OF private spec
ulition by railroad managers aud their
iavorites, to The injury Of particular COM
munities and persons.
Flith-lt requires tnat the railroads CO N.
ing within iig provisions shell adopt AID
keep pog;el up schedules OF freight "a IS
aud charges and that these shall not be
changed without five days notice, ana that
they shell charge no more nor less lan tue
published rates. THIS is necessary means
ofprotect.ng the public against unjust dis
criminatione.
These are the principal provisions OF the
bill. 1t then makes provision for the pun
ishment Of those who may violate It's re-
quirements. These provisions have relg-
zion alone 10 the commerce passing from
state to state, or to or from foreign coun.
tries. and have no relation 10 The com
mercs wholly within any one OF the states
1t has been objected that II would be diff
cult 10 determine what was state commerce
ana what was interstate commerce, but
there can be no difficulty on the subject.
II freigst is shipped from Louisville, Ken
lucky, 10 Lexington. Kentucky, this would
be wholly within the state OF Kentucky,
and no act Of Congress can regulate or at.
feet IT.; but, Il shipped from Louisville,
Kentucky, to Memphis, Tennessee, then IL
Is commerce between the states, and con-
gress alone has the power OF regulation
over II, as has been decided by the supreme
court repeatedly, and as Is hold by
the text.writers of the constitution.
! The constitution provides that congress
shall have the power TO regulate commerce
with foreign nations among the several
states and with the Indian trib 9. Under
the provision OF the constitution the courts,
by long and unbr0ken line OF decisions,
have held that the power OF congress is
as.ampe and complete for the regulation Of
commerce between the states as is the
state authority TO regulate commerce with
in tho statea; that the power OF the states TO
regulate commerce within their own Dor
ders is exclusivelYsin them and that con-
gfess has exclusive authority 10 regulate
commerce between tho states and IL must
be regulated by congress or lett the the
discretion OF the railroad companies them
selves Is 10 what injustice, exactions and
Determinations I.ay DO inflicted upon the
people by them as common carriers.
When IL Is remcm bered tina. there Is BOW
in The Uuited States more than liz, 900
miles ofrailroads, and when it IL further
remembered that there is supposed TO be
thirty billions OF dollars worth of internal
commerce in the United States annually,
and that q large part-certainly more than
half-of this is commerce between the
states, 10 II the purpose Of the Courier.
Journal to insist that the vast commerce
should be left TO the mercy Of the railroad
corporations unrestrained by legislation
In the article referred to in the Courier.
Journal serious fears are expressed Of the
centralizlng tendencies OF the consolidation
of all the powers of the Federal government.
But that theory seems to be based upon the
idea OF forming railroad commission which |
the Reagan bill does not provide for, and
which, SO tar as the Federal government is
have always opposed. IL the
than another TOR the same service; IL they |
allow one person rebates on traffic and re- |
fuse them to another; II they charge one |
person more for carrying car load fifty |
miles than they do another for one hundred |
all OF which they now do, does the Courier
Journal wish TO be understood as saying |
that this should be perpetuated, and tnaG
there should be no ct .tutory remedy
The Reagan bill declares these things |
may be unlawful, and provides punish
ment for doing them. Is that wrong, or Is
4 right?
The Courier Journal, while expressing
Tears OF governmental consol .dation, does
not seem to be alarmed that more than
forty railroads. including the great trunk
lines. Of the United States are now c)nsoli-
dated under one management for The ben
efit OF railroads against the interests oil the
people, ami are thus taking away from the
people al benefits OF com petition in freight
rates and Oh lrges. With these facts before
~, what becomes OF the Courier. Journals
statement that compstilion 10 the great ele-
ment OF reduction Of freight rates to the
people? Where is il 10 get its competition
Il is true, as alleged In the Courier-Jo our
halls article, that freight rates and charges
q most cases now are lower than they were
ome years ago. This is q result Of num-
,er Of cduses--sucb as the improved motive
,ower, substitu ton OF steel for iron rails,
letter quality OF rolling stock, greater ia
,ilities Tor handling freights and the like.
which have greatly reduced the cost OF
The Reagan bill doe. not propose TO rer-