The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1885-02-12
The Interstate Commerce BIZ.


The Interstate Commerce Bill.
SPEECH oF CEN. MALONE
In the United States senate Monday last.
General Malone, 10 the question of the Inter-
State Commerce bill, said:
Mr. President.-I hesitate 10 advance n sno-
gestlon upon the subject before the Senate il
has been ably and at length, if not fully, dis
cuSsed 49,
AS whole, like neither the Housa nor the
Senate bill. while in either there is much
approve.
The power TO conform the conduct Of ttc
common carrier 10 the rightful subserviencv
OF the public interests is tue admitted neroga-
tive and high duty of the sovereign.
The sovereign appears in this case when the
carrier engages in the business over which to
him (the sovereign is delegated exclusive con-
troll.
1t is not here as in the Governments of En-
rope where common carriers are licensed bv
the National authority, or The rights 10 regr~
late their conduct would be absolute and con-
plete. Here it can only apply where the power
OF the grantor ends and that of the govern
ment of the delegated powers begins.
Where the power is co-eXtensive with 1ha
franchise 1t would seem not a difficult problem
to adjust the conduct OF the carrier to such per
torrance OF public service as induced and in
splred the grant conferred. Yet the matter
which it is now proposed to subject to leoisla-
tive regulation has long engaged the serious
thought and consideration of the older GoVesu-
ments of Europe as well as of the States of the
Union, with results sometimes damaging 10
the corporations and their capabilities of SerS,
Ing the public and at no time securing that
measure of performance which it was believed
the public interests demanded, and to which OF
right they were entitled.
1t has been alike unfortunate for investors
and the public that our railway system has
arllted away from the sphere in which it was
INTENDED to operate. Its members have be-
come more or less the agencies of stock opera
tlons and the prey of parasites, to the wrong
ana the injury OF the real plant and not jnfre-
quently have the prime promoters had their
honest investments swept away by designing
trustees.
1t has been from such diversion and sncb
misdirection OF our public works that come in
directly much of tue evil and abnse which
give rise to an extended and increasing out.
cry Wen founded, ior relief at the hands of the
great body of people.
That our railways have contributed more to
the development. population, and power of the
country than any other agency is confessed
and that so many are the interests dependent
upon the system, and such their magnitude
that all must agree that too much care and
caution cannot well be taken in shaping such
legislation as public eXigency seems to de-
mand.
That the regulation of the conduct ofcarriers in
respect to. Interstate commerce is demanded
by far-reaching considerations OF public policy
has not been and venture. to.say cannot be,
successfully controverted.
Besides The remedies against the abuses
which 1t is intended TO restrain, it seems 10 me
of paramount Importance TO prescribe as Con-
gress may do, certain definite principles on
which transportation companies may engage in
the business of Interstate commerce
These are embodied in the amendment which
gave notice it would be my purpose TO ofIcr
when the bill shall be perfected for the consid-
Grafton of the Senate. They go, as I believe, to
the very root OF the subject. aud, while serving
The people everywhere 10 an equitable service,
impose no wrong on the carrier-no hardship.
It has no right to use delegated trust, which
In the true sense and legal implication is grant
ed for the public good, i'll any manner which
snail give 10 any one person, community, or
locality, in the performance of the like service
advantage over another.
Such is the nature and the consideration
alone on which carriers are Incorporated. Ii
is the very essence of the duty imposed by the
grant, sought, conferred, and accepted, that he
treats all corners by the same rules and with
the same reasonable measure It is an abuse
of this trust to pursue his pre- ferences to the
prejudice of persons or communities Itisa
perincious misuse ofthe grant to direct the en-
ergies of the enterprise i'll the single interests
of the immediate promoters. The public of
sovereign right, entitled to enjoy the adj
xantages OF the invention at reasonable charges.
This is all that an enlightened public Judgment
expects, and that, ii seems to me, is the duy
of the sovereign to enforce.
Mr.. President, no acceptable or sufficient rea-
son can be assigned why q person desiring o
go from any railway station in any State or
Territory to any other i'll any state or Territory
of the Union, where the journey may be effect
ed by any connection of carriers whether
wholly by land or by land and water should
for his baggage q through check. 1t is merely
matter of arrangement between the trans
portation companies. which conceive to be in
the line of their pnblic duty and conservative
of their own better interest.
There is no good reason why shipper SINH
larly situated, and likewise desiring tlanspor-
tatton for ahy produce or merchandise should
not be entitled to through receipt and bill of
landing all the way to destination at q fixed
total charge for the service. This is likewise II
matter of convention between the carriers
composing the route. The duty is oenforce
1t. The like is done by the leading express
companies ofthe country as to packages and
yet 1t is by means of the transportation lines
they perform such service
Then say, Mr.. President, this done and we
open TO the proper use of the people al the ma
lion our transport 4tion routes as wide aud free
as the sea. The system as to Interstate com
InefC6 becomes one OF INTERCHANGEABLE
homogeneous service, and the amendments /
propose aims directly at such result. Besides
TINS, 1t fixes principle for computing the
charges 1or the transportation of passengers
and freights, which venture to say is theoret-
1caily and practically correct.
The terms reasonable and "discrimina-
tlon, when applied to this subject. are indeh-
n u o anu vexatious. me CONCESSION granted
that the same charge may be levied on a bale of
cotton from Texas to Norfolk as is made by the
same route to New York-that he same charge
may be levied on carload OF cora from chicago |
to Richmond as is made by the same route 10
Newport News, or that the carrier may charge
as much for a short as for long haul, i'll effect
legalizes discrimination. 1t is to alter unjuStlv
the rightful relations OF the markets aud The
producer-the merchant and the consumer
In the transportation of either or both-passen-
gers and freighis-there enters certain distinct
and well-defined elements of cost, which the
year s business of any well-organiZed tranSpOr-
tatlon company Will near enough ascertain To
nix a lar and substantial basis on which to for
malate an equitable tariff of charges for the
succeeding year. These are what are common
ly called liked charges '-including terminal /
expenses, and the cost of hauling. Both are /
dependent in different measure upon the vol |
ume OF business, and the latter sensbly upo4 (
the eVennesS OF opposing currents. Fixed |
charges comprehend such items of expense as I
are necessarily incurred by the corporation |
whether it transports one passenger or one !
it hauls one thousand tons |
of freight or ten millions, and they are in direct
ratio of the number of each transported.
Right there enters the first and essential fac
tor IN eompntng the proper charge Tor the
and you have the data for determining what !
the proper constant is in respect to each by |
classes. Such charge must be made against |
each passenger and each ton of freight, no mat
ter what the distance transported.
the cost for hauling is practically, as to the |
same member pro rata per mile. One is COM
mon to all distances, and the other is ratabIa.
The principle thus briefly described entities
lhe passenger from any station this side of
New Orleans to the same rate per mile, plus
.he fixed charge TO New York, Washington or
Richmond. as that paid by the passenger from
New orleans. anu e9ee eelSd. 1t entities the
shipper from New Orleans and from any inter-
Mediate station, to Lynchburg, Norfolk, or
Washington. to The same rate per mile plus
he fixed charge, as is charged to New York
1t entities the shipper from Cincinnati, st.
louis, or San francisco, or from any inlerme-
late point, TO the seaboaTd, or 10 any iuter-
Fening station on the same route, To the same
ate per mile plus the fl ed charge.
1t entities the shipper in Virginia no matter
rom what station, TO the same rate per mile |
'lus the fixed charge, as is paid over inc same
quite to points South or Southwest.
1t maintains relatively the geo.raphical re-
ations of persons, communications ANA mar
iets. 1t leaves to enterprise ana God given
advantages far field. 1t opens all markets to
he producer everywhere upon even terms In
m equitable sense it makes no place way
tatiOn.
1t enables the producer, for himself and ut
nee, without let or hindrance, to choose his
wn market, and it leaves 10 the commercial
nergtes of every locality tu uuhiudered, open
way to the trade of the country.
1t will stimulate development. vitalize dor
nant resources, and enlarge The volume of bus
ness and increase the revenues Of The trans
ortation lines, as Wall every step taken which