The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-07
REGULATION OF COMMERCE.
The Advantages Of the Senate Bill to
Constitute a Railway Commission.
Speech of lion. Benjamin Harrison Contrast
ing the House and Senate Measures, Ad
yocating the Passage Of the Latter.


two bills which it seems to me any conference on
the part of the House really desiring to have
legislation in the interest of railway shippers
would be willing to accept, though that accept
ance should involve the surrender of some feat
ures of the House BILL Both of these bills pro-
hibit any discrimination between shippers; both
declare the exaction of an unreasonable rate to
be extortion both prescribe a heavy fine for
extortion and unjust discrimination, and provide
for prosecutions in the courts of the United
States. So far the bills run together
But cannot for one surrender my Judgment
rs member of this body TO any suggestion as
to the temper or disposition of the House of
Representatives upon this question. While
willing to do whatever may to bring the two
houses in agreement, that we may accomplish at
this session of Congress something in the di
rection of the restraint and control of the rail
ways of this country, must in the first instance
express my own judgment in my votes here.
It has been assumed, the senator from Texas
10 told us. that the Reagan bill is the peoples
bill Mr.. Presidents, 1 do not know that the
senator from Texas holds any other or fuller
commission to speak for the people of this coun
try than do. Ideny that the Reagan bill has
received the sanction of general popular APP
prevail In this country. So far as | know it is
not statute law of a single State in the American
Union to-day.
. 1t 10 my purpose in what l shall say
20 maintain that the Senate bill contains the
more efficient scheme of exposing and depressing
the Determinations and unjust eXactions of rail
road companies. What is it that the people
complain of What is the just grievance at the
bottom of this great popular clamor against the
railroad c0mpaniesl think as both these bills
admit, just two things: First, extortion the
oh n0Slx for loon iyhf of
enable rates, thus unduly burdening the local
traffic for the maintenance of the railways; and
secondly. and chiefly. Determinations between
shippers of the same class
Mr.. President, do not stop to prove the exist
ence of these evils They are confessed of all
fair men, do not stop to prove. fOrproof is not
needed. that the railroad companies, by these
Determinations between individuals and between
localities. and by the unrestrained exercise of
the power to establish rates. have assumed and
do now exercise most dangerous and unwar-
ranted control over the commerce of this coun-
try.
*** Mr.. President. intelligent legislation of
q curative or remedial character will always be
directed to the evils to be cured, and the intelli
gent legislator will always desire to have clear
understanding of the evils which to be rem
eded before he drafts the bill / think we have
a clear and definite understanding of the evils
TO be remedied by this legislation. They are
extortion, the exaction of unreasonable rates
from shippers; they are determinations between
localities or between shippers atsthe same local
tty. believe that there is not senator are
Who will not agree if we can legslate as to
make every railroad tariff reasonable and to
make those reasonable rates apply without dis
elimination to every locality aud to every ship
per that shall have effected radical,
thorough, and lasting cure of this railroad
trouble.
Mr.. President, do these evils have their origin
in the fact that there is now no law restraining
gthelsH DO these practices prevail because they
Iotu E,t1T hr sIvnnd <nk h.
cause there is limitation upon their discretion
in fixing rates2 Do they discriminate because
the law allows it2 No, Mr.. President; both of
these things are prohibited by law. The senator
from Texas undertook to show the other day that
the Reagan bill was simple codifcation of the
common law now in force in all of our States
The fact Is, that any shipper from whom an un-
reasonable rate is exacted has now the amplest
legal right to recover back the excess The fact
is. that any shipper against whom discrimin-
alton is practiced has the amplest legal right
now to recover the damages he suffers by that
discrimination. If that be true, it is not more
law we want; it is not statute which shall
eodify the common law simply because statute
law is no more self executing than common law
Statutory rights and statutory penalties can only
be enforced as cOmmon-law rights are, by resort
to the courts
One is of as high sanction as the other So /
would regard it utterly futile piece of
legislation if We should pass here bill simply
declaring the common law upon this subject.
Il
needs to be REINFORCED in his contest with the
railroad companies II some one should ask me
why it Is, If the exaction of unreasonable rate
is now unlawful and the excess may be recovered
back. that shippers do not recover it back; or if
one should ask me why it is If determinations
are illegal, that shippers do not expose them and
vecover their damages my answer would be that
it is an unequal contest to which the shipper is
invited
think. then. may declare, with the approval
a ph LETT fn hot foyic
this subject, to be efficient must re enforce the
shipper in his contest with these great railway
corporations. The Reagan bill does not do that
4 IN the smallest degree. To be sure it gives him
smart money in case of a recovery but he can
not get his smart money until he has established
MS case in court, and in the work of ascertaning
the facts or in prosecuting his claim the Reagan
bill yields him no help, but leaves him as he is
now, a weak and feeble contestant with these
rich and powerful corporations.
So, if wanted to correct these evils in rail
way management should address the egisla-
zion to that particular point. | would help the
man in his contest with the railroad company
Let us look for moment further at this cues
ton. Let me suppose that shipper of the city
of indianapolis makes shipment of freight
over the line of a certain railway company to
New York Another man engaged in the same
business at the same place is shipping over the
same road at the same time The first shipper
cannot know what rate the other man is pay
ing. He knows what rate he is pay
ing. lie may be suspicious that the railway
company is giving his rival in business
favored rate which enables him to get his
produce to the seaboard cheaper than the other
can. Suppose the man thus Disseminated
against concludes to bring suit, what is the first
thing he must dol He must prove the existence
Of discriminating rate in favor of his rival.
How will he go about proving t2 He goes to the
local freight agent and examines the bills of
lading, but the rate indicated on the bill is pre-
cisely the rate paid by him. He asks the local
freight agent, HAS my rival a contract for a
drawback" The answer is, No. and that an
swer may be perfectly true, for the arrangement
for a rebate is made by some one else tits paid
at the other end of the line. How utterly help
less that man is to discover the fact that he has
been Disseminated against! The information is
IN distant city. 1t can only be had by an cx
animation of the officers there aud Of their books
aud papers. That man needs to be helped to
lind out whether discrimination is made in
al rivDl