The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-01-07

3
| Circumstance; they extend irom the horse with il
rider 10 the stage coach, from the sailing vessel
,asaf o'd J,pa' fae roiiroad . The telegraph. ~
/ f6 Otto, ~
LEGISLATION IMPERATIYELY DE-
MANDED.
We have thus seen that the power ol
/ Congress to regulate commerce among
the states, whatever may be its agency
unquestionably exists. If it has not been
| often exercised, it is, as has been well
said, IN consequence of the extreme sensi.
/ tiveness of the States in reference to
1 legislation affecting their interests; and
especially of late in consequence of the
persistent and Unscrupulous efforts of
/ corporations to prevent legislation.
Nevertheless, the power exists, and
! though it- has been for the most part
dormant, to borrow the metaphor of a
learned counsel in the Passenger Cases,
it has slumbered like electricity in the
atmosphere, unseen and unfelt, until its
forces are concentrated in the thunder
bolt of the law. There is an avalanche
of testimony invoking its vigorous ex-
ercise now.
There are 125, 900 miles of railroad in
the United States, representing capital
of Sc, ,0O0, 100000. They penetate every
part of the country. They conduct a
business which in one way and another
Is interviewer with every other interest
of the country; and they are rapidly
increasing in numbers, in resources, and
in power. Their charges are not con-
trolled by competition. 1t is maxim of
railroad corporations that when Com
bination is possible competition is i'm
possible" And they have reduced the
practice of combination to a science,
thus placing every industry and every
person who has business relations with
them, or whatever kind, completely at
their mercy. Twenty-four States of the
Union have, to the extent of their capac-
ity, provided legislation to protect the
public against the eXtortions of these
common carriers; but their jurisdiction
is restricted To State lines. Most of the
commerce Of the country is interstate
Though State legislation Is doing a great
deal in protecting the public, it is pow
erless to correct the worst evils and ac-
complish the chief desideratum. The
States acting separately can not estab-
lish a uniform system of regulation
The question has been raised as to the
extent to which State legislation can be
carried Lately there have been de-
cisions by the supreme court of two of
the States directly opposite. The su-
preme court Of Illinois holds that the
State can regulate charges for transpor-
tation from points within to points
without the State. The supreme court
S.E l., 1 II
clusion These conflicting decisions
show the necessity of a uniform system
applicable to all the States. In Tennes-
see, the United States district court has
suspended the operation of the State
law designed to regulate commerce
within the State on the ground that it
oyerleaps State lines and is repugnant to
the clause of the Constitution of the
United States authorizing Congress to
regulate interstate commerce. In Mis-
sissippi the operation of the act of the
Legislature to carry into practical effect
the doctrine of its right Of supervision
in the interest and for the protection Of
the people has been stayed by decisions
of inferior State and United States
courts. The necessity for general legIs-
lation is urgent and imperative. On
this point | will again have recourse to
the well-considered observations.
/ When it j. considered that these corporations.
possessing such vast capital have cnErossed almost
the entire travel and traffic OF the country ami that
4 the powers and functions come in dailF contact
with the material interests OF almost every citizen
of this great empire, the importance OF their being
subjected to wise and just supervision can not be
and prudent legislation, and 10 be of much security
tn public interests il must be by general acts, i
Is in many of the states and in England 1915
| tE'edhed on United states Law OF Railways, 81
The ABUSES MOST IN VOGUE.
The practices most in vogue by tho
corporations which it is proposed to put
under the restraints of law are pooling
unjust discrimination between differen-
persons and different localities, rebates
and drawbacks-all in aid of overcharge
and extortion.
Pooling is the most potent agen
of extortions. 1t destroys competition
and creates a centralized monopoly. l
deprives the public of their right t,
transportation cheapened by competi
ton, and compel them TO pay whateye
the monopoly demands. 1t is an agree
ment between the companies to fix tn
. same prices, to force the public to pas
them without regard to the cost of ser
E vice, aud TO divide the profits aIhon
! themselves. 1t is an odious combina
, ton, violative of public policy, and
conspiracy against public rights. Nj
, Depew, the attorney of the New Yor
! Central Railroad Company, put it mild
{ ly in his argument before the Commit
tee on Commerce when he said tha
pooling seeks to secure to all the line
fair prices, and to prevent them fror
q cutting each others throats by biddin
! under" In plain language, poolin
seeks to destroy competition, and Will
/ the corporations are sparing each other
{ throats they are cutting the throats {
e the public, from whom they deriN
2 their sustenance and support.
{ Not less contrary to public polio
than pooling are determinations betwet
different shippers and between difierel
e localities.
ENGLISH SUPERVISION.
In England, whence we have deriv,
s the muniments of our freedom, mono
u olies of every kind have been dealt wi
as contrary to public policy; and it
te settled rule of English railway supe
= vision not to permit a railway compal
it to give undue preference" to one cla
o. of shippers at the expense of othe
is The English books are full of decisio
81 asserting this doctrine and putting doy
sf ef such abuses.
ed In the case of Diphways Casson Sla
Company VS.. The Festinoig Railw
nd Company, in which an application VI
made to compel the company to des
from giving undue preference" TO 9th
&c shippers, it was held that the char
complained of was an undue D
M ference" within the meaning of the "a
n = way traffic act and must be discontinu.
es. The company was required to pay /
cost of the application q Neville
Mcnamara, 81.) Similar decisions ",
+, rendered in the case of Woodger
"a The Great Eastern Railway Compar
IA The Bellsdyke Coal Company and 9th
VS.. The North British Railway Compal
he and in numerous other cases. in VIII
as it was held that undue preference
ed one class of shippers over Others. or
ed one locality over another, the cost
service being equal, was contrary to D
.aa lie policy and the law of England
oad In CASTOR VS.. the Preston and Exc
ers; Railway Company it was held that
har agreement by railway company to ca
50 at lower rate for certain individt
in consideration of their sending
their goods by the railway was not IL
ne fable, such an agreement being aga
ds, public policy. t2 Neyille& & McNan a
seo Railway Cases, 76.l
tu Buteyen in England, where the spl
Of railroad operation is limited in G