St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-04
BEGINNING OF The END
Judge Aliens Decision Is a
Hard Blow at Interstate
Commerce Act.
Gan. McNulta Analyses the
Situation as 1t Stands
at Present.
Radical Amendment or Re-
peal Of the Act Made
Necessary.
Canadian Roads May Be EX-
cluded From Business in
the United States.

CHICAGO, March 3.-The decision of
Judge Allen regarding shipments to
Canadian points by railroads in the
United States has opened up anew the
whole question of Canadian competition.
While there is a wide variance in the
views expressed, all seem willing to
concede that this is the hardest blow
the interstate commerce act has re-
celved. Gen. John MeNultd, a recog-
nized authority on both the railroad and
legal aspects of the case, said today:
The decision rendered by Judge Allen
is but the beginning of the end. The
law must be so amended as to place the
same restrictions upon all carriers
allowed to compete for the same bust
ness, or be wholly repealed. Otherwise
it will become practically dead letter.
That no penalties could be inflicted by
our courts for acts done beyond the ter
ritorial limits of the United States ID
contravention oil the provisions of the
act has always been conceded by every
body. This gave an undue advantage
and the control of foreign traffic to the
Canadian roads, whose officers might
cIlUOSG W llillll L1Cll OpOlatiOlIO w tIiS
actual payment of rebates, ETC.. on the
Canadian side of the border. This de-
ciSion goes further. and in effect says
that the law does not apply to Canadian
tariffs.
In other words, traffic managers can
make and alter such tariffs, give rebates
and make determinations, ignore the
long and short haul clause-in word.
ignore the whole law at their pleasure
OH all traffic, to and from Canadian
points or ports. The necessary sequence
is that all the American roads, as a
means of Self-preserVatiOn, must do the
same on corresponding traffic. This
they must do not only to protect their
own interest. but to protect the COM
mercial interests of the American
ports and business centers, especially
New York Philadelphia and Baltimore,
and all inland points dependent upon
those points for their imports. Other
wise traffic will be diverted
from them to the full extent of the
carrying capacity of the Canadian
roads to take it. To hold that
our own traffic is bound by, while the
Canadian traffic is free from the restric-
tions of the law, would be simply to de-
stroy our commerce, the power to do
which does not rest in congress. The
power to regulate does not imply the
power to destroy.
The practical effect of the decision is
that the law does not apply to any traffic
to or from points beyond the border or
seaboard. Although no penalties can
be inflicted for acts done in Canada, the
Canadian roads can be regulated by our
laws if congress so chooses. There are
no English or foreign ships plying be-
tween Chicago and Buffalo. or any of
our domestic ports, simply because they
are prohibited by the law. In
the same way our ships are
prohibited from carrying traffic be-
tween Canadian or English ports.
For like reasons English railroads III
Canada carrying traffic to and from
points in the United States should be
excluded. Or, if permitted to do bust
ness on our side of the line, they should
be under a license, revokable for vio-
lation of the rules which govern Ameri-
can roads.
A schedule .of the exclusion of Cana
dian roads would not increase the cost
of transportation by cutting off competi-
ton. On the contrary, if properly man.
aged. it would lessen the cost to the
general public. The power having been
cX6TCIScu ny tu6 COlulH lSSlOu W Xix WIldb
are reasonable rates, they will be The
current rates under competition with
the Canadian roads. less a proper sum
deducted for the cost of the mainte-
nance of the Canadian roads, which
would be dispensed with. The heavy
shippers, who practically monopolize
certain lines and get enormous rebates,
are the only ones who would suffer. We
cannot have absolutely prohibitive pro-
lection against carriers by English
ships, and at the same time, for the
same traffic, have unlimited, unrestricted
free trade by carriers on English rail
roads. There is no semblance of reel
procity in this, for our own roads are
handicapped by laws that prevent them
from competing with the Canadians. 1t
looks now as If the American people
would soon be aroused to realizing
sense of the situation. The least that
can be asked is that the roads on both
sides of the border be alike restricted OF
alike free