Crawford avalanche. (Grayling, Mich.) 1879-19??, 1886-01-28
REGULATING RAILWAYS.
Senator Cul!cm's Interstate Commerce
Bill Reported to the sa bs.
$3.50 sa Senate. 80 Is
It's Stringent Provisions for Restricting
MOnOpolies-An Elaborate Ac- '
oompanying Report.

MOn0p0lles--A Elaborate Ao-
oompanying Report.
The report of Senator Cullcms Select Com
mittee upon Interstate Railroad Transportation
which was submitted TO the sena Q on the 18th
of january is a voluminous document, which
discusses the transpor alton problem in all It's
bearings and especially the question OF the
power of Congress to regulate interstate COM
Inerce. With the report Mr.. Culom SUD
mittsd a bill regrllting interstate com,
merce which he asked might be ferred
pack to the commit ee, and tLas tho commit
tee he continued. The request was IA tsd.
The following is brief synopsis of tho Lii
iSer S spsSg sds ny trn se ~ which the resna
tons pre- q ,rbed are 10 apply, and declaring that
all charges made 10y such carriers shall be rea-
sonable, the preliminary sections ann TO pro-
hibt every variety of unjust discrsm nation; TO
prescribe adequLt3 ptnal1os therefor, ana 70
prescribe for their enfo fo;cement in the courts OF
the United States These sections include the
requirement that all carriers shall afford rea-
sonable facilities for the interchange OF trafhc
with connecting lines, and the prohibition OF
greater charge for a shorter than for longer
distance, except when IL can be aflirnatively es-
tablished by the carrier that such charge does
not constitute an unjust discrimination. Such
common carrier may, however, in special cases
be authorized by the commission to Charge less
for longer than for shorter distances for the
transport alton Of passengers and property.
Another section requires all carriers subject
TO tho PROVISIONS OF the lfOpCheu ucJ 10 ME telr
tariffs and cln ssihcations with the Interstate
Commission, and provides that they shall be
posted or otherwise published, but leaves to
be determined by the commission the manner
OF publication and the places at and between
which rates shall be published. Provision is
made for enforcing the requirements of the COM
mission in these respects through the courts
and for the maintenance Of the rates that may
thus be pull listed
Provision Is also made for the appointment by
the President Of five Commissioners, to be con-
,,aA hxyf ha ba caio first
appointed TO continue in Office for the term of
two, three four, Ave, and six years respectively,
beginning the LIST day of July next, not more
than three of whom shall be appointed from
the same political party and several sections
are devoted to prescribing the duties OF the
Commissioners and the manner In which COM
plants are TO be investigated and penalties in
stituted under its direction when found neces-
sary. The salary Of each Commissioner is to
be q, 500 per annum.
The report &C eompanying the bill is a volu-
minous document. 1t says the outlCo ok is not
coed for the United States to ship breadstuffs in
unlimited quantities throughout the civilized
world. and the principal markets, both for bread
and meats, must henceforth be sought at home.
In its discussion of the power Of Congress to
regulate commerce tho committee reviews ex-
haustively the declarations OF the United States
Supreme Court on the subject. 1t says
From the judicial construction of the word
commerce by the court Of last resort, it is appar-
ent that IL has n very wide meaning as employed
in the Constitution and that it includes not only
intercourse and traffic, but as well the subject
matter of Intercourse and traffic, and also the
channels through which and the agencies by
which such intercourse and traffic may be car
ried ON. Railro oals are everywhere recognized
as common carriers, and as such are held amen
able to the courts for the performance OF such
duties as devolve upon common carriers under
the law. No common carrier has the right under
the common law TO discriminate between persons
or places, or to give pr, ferences in any manner
Tie theory of the common law is that all who
are situated alike must be treated alike. Un
just discrimination is the chief cause OF com
plant against the management Of railroads IN
the conduct of business, and gives rise to much
of the pressure upon Congress for regulative
| limitation. The railroad companies do not rec.
ognize, they should, tie fact that they sustain
| n different relation to the public from persons
| engaged i'm ordinary business enterprises. Rail
| road companies are not so disposed to regard
| themselves as hclding public office and bound
| TO the public as expressed in the ancient law
They do not deal with each citizen alike They
| discriminate between. persons ana between
| places, and the States and Congress are conse'
quently called ON to in some way enforce the
| plain principles of the common law for the pro
| lection of the people rgainst the unlaw
| full conduct of common carriers in carry
ing on the commerce of the country. The
railroad corporations necessarily rest under the
| same Obligations to deal fairly and equitably
with all its citizens without favoritism or dis
elimination as the state itself. There is no oc
I casion to consider the necessity of a constitu
tional amendment for the regulation of tranpor
tation until it has been demo nstrated by actua
| trial that the powers now possessed by Congress
| can not be exercised effectively.
/ The suject Of competition between waterways
and railroads is discussed briefly, and the con
clusion is reached that waterways are the mos
effective regulators OF railroad charges, and the
| emancipation of the waters is a national neces
! sity. The improvement of the Mississippi and
its tributaries Is briefly alluded TO and warmly
| indorsed.
OF the Hennepin Canal the committee saw
! that the commerce of the nation would derive
| fresh and continued advantages from the con
| struction of this canal.
The committee fornulates its conclusions lac
companying each with arguments and citations
to show the ground upon which they are found
| ed MS follows:
l. The public interest demands regulations o
the business of transportation because in thu
absence of such regulation the carrier is actual
/ ly the sole and final arbiter upon all disputed
questions that arise between shipper and carrie
as to whether rates are reasonable or unjust dis
elimination has been practiced
| 2. 1t is the duty of Congress TO undertake tn,
| regulation of the business OF transportation, lie
| cause Of admitted abuses in its managemen
| and of acknowledged determinations between
persons and places in its practical operations
| evils which il IL possible TO reach and remed,
| only through the exercise OF the powers granted
by the Constitution to Congress, and agains
| which the citizen is entitled to the protection
ard relief the national authority can alon
| afford.
g. National legislation is necessary to remed,
| tho evils complained OF because the operation
| Of the transportation system are, for the mos
| part beyond the jurisdiction OF the States, an'
| until Congress acts. not subject to any govern
| mental cOntfOl IN tne pubic ultSTesp.
| 4. National legislation s also necessary be
cause the business of transportation is es
sentially Of a nature which requires that uni
| form system and method OF regulation whicl
the national authority can alone prescribe.
| s. The failure of Congress TO act is an excus
fer the attempt made by the railroads to regu
late the commerce Of the country In their owl
way and in their own interests by whateve
combinations and meth DDS they are able to pu
into operation That problem Of such magni
| tude, Importance, and intricacy can be sum
marily solved by any master stroke Of leg slativ
wisdom is beyond the bounds OF reasonable be
lief. That the railroads, unaided or unre
strained, can or will eventuall
work ont its solution seems highl
improbable judging from past experience an
can not reasonably be expected. That salts
factory solution Of the problem can be secure
without the aid Of wise legislation the commit
tee does not believe.
The committee declares that publicity Is tn
best remedy for unjust discrimination, AM
| recommends the posting Of rates under tn
direction Of commission. The concludin
chapter embpaies recommendation fer tn
establishment Of a natit pal commission to en-
force the legislation which the committe
rocommends.