The morning call., 1893-12-16
Report of the Interstate COM
MERGE Commission.
LONG AND SHORT HAUL CLAUSES.
There Should Be a Criminal Statute
Covering Determinations
Made in Charges.

Commission attention is called to the pc
culiar Office of common carriers and the
dependeDce of every occupation upon their
facilities; the right of every person to re-
ceive just and equal treatment in all that
pertains to public transportation and the
paramount purpose of regulating enact
meuts to secure to the people the actual
enjoyment of this right. There must be a
common and public rate. prima facie just
and reasonable, which measures the lawful
charge of the carrier Two classes of Ques-
tions are involved In the consideration of a
rate; one relates to the methods by which
the justice and reasonableness of a rate is
determined, the other &c the measures by
which observance of that rate is to be Sc
cured. Departure from the stabished tariff
includes the offenses of rate-cutting, re-
bates, Undertaking., false classification,
and endless other devices by which I'M
just discrimination is effected. The only
effective mode of dealing with discrimina-
tions arising through departure from tine
public rate is to place them in the cate
CORY of criminal misdemeanors. Any re-
dress by means of civil action for damages
is manifestIy inadequate. If such offenses
escape detection and punishment, it is not
because of defects and weakness In the
criminal machinery for that purpose. but
because thUse charged with the adminis-
tration of criminal law are unable to en-
force IL against this class of offenders. In
cases arising under the act TO regulate
commerce the guilt does not consist in de-
:erminiDg what constitutes criminal act,
but in uncOvering the guilty transac-
ton and bringing to justice those
who engaged in it. That the
public tariff charges are frequently de-
parted from in particular localities, and
that rebates are paid and other prohibit
tioDs Of the statute disregarded. is be-
lieved to be true. The legal truth of these
violations may not be obtainabe, yet the
fact Of their occurrence is a moral GER
tainty. To attempt the determination of
illegal preferences by executing penal pro-
visions of the act. TO ferret out the vast
number of condemned transactions, TO
discover the parties who participate in
them and secure legal evidence of their
guilt and prosecute them to conviction and
punishment is, of course, difficult under
taking. In view of these facts it NAV be
suitable for Congress to consider whether
legislation should not seek to lessen the
evils of secret determinations by endeav-
oring to remove their cause.
Many railway managers, unable to set
aside the training received in railway SER
vice prior to the passage of the act to reg
ulate commerce, view obedience TO that
statute from the standpoint of a private
corporation rather than that of the public
agency, and consider evasion rather COM
mendable as in the line OF their duty to
their employers.
The policy of the commission has been
to make proceedings before il as simple as
possible. keeping in view the necessity of
basIng any authoritative action upon due
process of law. There is comparatively
little and often no expense to complainants
in proceedings before the commission.
The commission may be directly commune
Gated with by any shipper or passenger
feeling himself aggrieved. Hearings and
investigations have been held during the
year at Washington, Cincinnati, Atlanta,
Macon. Charleston, New Orleans, Birm-
ingham and Tuscaloosa. Ala. Columbia,
Tenn. Columbus, Miss. Detroit. Chicago
Sioux Falls and Omaha.
The enactment OF the long and short
hall clause was deemed public necessity.
1t is nothing more than an extension to
places of the rule forbdding unjust dis
elimination between persons. These lon q
and short baul and unjust discrimina alton
sections apply directly to particular trans
portation services, and are essential to sue
cessful regulation. They prevent a large
number of abuses which would exist with
impuuity until separately condemned in
actions brought under general provisions
of the statute, like first aud third sections.
The operation of the long and short hall
provision is stated to have been satisfac-
tory under the construction put upon it by
the Commission and accepted gener-
ally by the carriers. But the effect
of a decision Of the Court of
Appeals In an Iowa case. wherein the
word "line" In the statute was given a
wholly different meaning from that which
the commission had held was the proper
con structiUu. has been startling. This
court decision has been followed and ex-
panded by other courts. These decisions
hold in effect that one raiload lie line, and
that the same and another railroad is q
different line. and that three railroads are
still another line. and so on; and that
rates on one line are not TO be compared
with rates on another. The commission
holds that the word slime" means a physi-
cal line-a track of one or more railroads
and that line may be extended over other
Dads by simply connecting the tracks.
Railway statistics are discussed con-
siderable length. The total railway mile
age on June 80. 1892, was III. 1868 81 miles,
an increase of 31607S miles; the total
number of railway operations was 1922.
being net increase OF 81 during the year
500 maintained independent operating &C
counts. and 712 were ipdependent opar-
atipg companies. or the 761 subsidiary
roads. 800 were leased for fixed money
rental and 1856 for contingent money
rental; roads were abandoned. There
were 10 mergers, II reorgaDizations and
16 consultations. The capitizatiop of
roads reporting was $40. 226. 74S, 1874. There
were sec. 95S, oil passengers and FOG. 555. Al
TONS Of freight reported as carried during
the year ending June 80. 1892 The gross
earnings reported were 81, III ,4O7, 343, and
the operating expenses were $50, 997. 996.
leaving net earnings of $3.50, 4O9. 347. TO
which add Sal, $50. 7S2 as income to rail.
ways from investments. After payment
of S416. 4o4, 1913 as fixed charges, S97, 614, 745