The Indianapolis journal., 1893-12-12

decision or the Court or Appeals IN an Iowa
ute was given a wholly different meaning
from that which the commission had held
was the proper construction. has been start,
and expanded by other courts. These decls-
ions hold in effect that one railroad Is a
line, and that the same and another rail-
road is a different line, and that three rail-
roads are still another line, and so on; ana
that rates on one line are not to be com
pared with rates another. The comInls-
sion holds that the word Zine means a
physical line-the track Of one or more
railroads-and that line may be extended
over other roads by simply connecting the
tracks.
The court construction says that the lines
are separate and independent, while the
commission contends that the shorter line
is a part of the longer one. In the nrst
case the fourth section rarely applies; under
the commissions ruling it always apphes:
The interests of nearly every place Where
connecting roads. join. and OF every iocai ioi
OF prompt remedial legislation is urgent.
rhe commission states that there is no
sa0 slV VPbn b atributed to the operation Of
the law. The amount OF stock paying no
dividend has considerably decreased since
amount of bonds paying no interest. III the
issues of railway capital had been restrict.
ed to the amount Necessary & 70 oDId un.
and equip the properties, there woulu, un-
der normal conditions OF business, be mucn
more satisfactory returns y great poruion
OF railway securities do, however, yIeiu NJ
tie or no return, and many railway man.
ayers claim this as evidence that the law
deprives carriers OF adequate revenue Inc
law can only operate to limit railway "a reve- We
rue by preventing unjust charges ana un-
due partiality. The claim OF these mans
ayers must rest then upon the proposition
that the law by prohibiting wrongs WoThs
ir jury to railway prosperity. Such plea
is anomalous. The evils which carriers
bring upon themselves by mistaken poncles
of rate making or arrangement IL not re-
movable through their own efforts, are 10
be remedied by. specific legislation; not by
attacks upon the law with view TO It's
repeal radical amendment The people
are thoroughly determined not 10 permit
even partial return TO the railroad an
archy which prevailed before the interstate~
commerce law passed.
The commission presents strong ar
gument In favor Of giving 1t authority TO
rates, and shows how the present depres-
sion Of rates at large centers works in
jury TO the general public as we'll as to rail-
way investors
CONNECTING LINES.
The commission refers to various acts OF
Congress providing for through transporta-
ticn over connecting roads, but says that
these acts have not been so interpreted by
the courts as to make 1t obligatory on car
riers TO afford necessary facilities for
through or continuous travel or business.
The provision in the interstate-commerce
act in regard 10 forwarding and inter-
change of traffic was intended TO secure to
the public the benefit of through carriage
from places of shipment TO places OF deS-
tlnation. Through routing at reasonable
through rates is indispensable to expedi-
tion and economy In railroad tranSporta-
ton that any system of regulation is de-
oblige carriers to exchange with, receive
from, and deliver to connecting lines per-
sons and property until final destination is
reached. This was the purpose of Congress
in Sections and of the act Decisions of
the commission and the courts upon
through routes and through rates are dis
Ind he Of dauOfcf IONS in
United States courts, the facilities neceSsa-
ry to this privilege depend upon the volun-
tlry action of the carriers. While wonder
ful progress has been made in railway
transportation, the advance during the last
ten years towards supplying adequate
means for through transportation is not
sufficient to warrant reliance upon the
spontaneous action Of carriers for needed
improvements. This Is shown by citation
of an agreement of members Of the South
Crn Railway and Steamboat Association,
nireteen years after its formation to prevent
routes with joint rates by the exaction of
local rates on each road. Some of the ef-
| fects of failure to make joint through rates
| are shown in comparative tables of through
| and local rates over various lines. After
describing the methods of arriving at rates
III different sections, the commission con-
| about, 1T is a fact that under the methods
| IN use in respect to transportation from
and from places east to places west of the
| Mississippi, carriers prevent the carriage
| of freight from being, and being treated,
| as one continuous carriage from the place
| of shipment to the place Of destination"
| An amendment providing for through
routes and through rates is suggested.
The practice of overcharging Is a wide
| spread evil extending far beyond any ex-
cuSe that may be offered in it's extenuation.
| demand by a delivering carrier in a
| through line of a greater charge than that
] specified in the bill of lading and exceeding
/ the lawful rate, Is Of common occurrence.
| The goods are detained until the charges
claimed are paid Usually detention would
entail greater loss upon the consignee than
| suit is that he submits TO the exaction. The
| burden is then upon him TO seek reimburse
ment, and this is attended with SO many
the amount is small. the claim is often
abandoned Often, too, though the charge
| makes the consignee believe that it is legal
| some OF the causes of overcharges are
stated by the commission. 1t seems ap-
| parent that consideration of appropriate
| means for adequate relief will suggest the
| necessity of suitable additional legislation,
unless such necessity be obviated by the
action OF the carriers themselves.
The law recurring the application Of auto
matte couplers and other appliances to
| freight trains, which was approved on
| March last is TO be appended TO the report,
| together with a comparative statement OF
equipment with and without automatic
| couplers and train brakes. and of accidents
| TO passengers and the various classes of
| employees. for four years preceding June 80.
| 1892. The law does not restrict the use of
| couplers to any particular type, and il is
| not, therefore, open to the objection that il
| Will especially benefit a particular patentee.
| The aim Of the law is that the men shall
| not be required to go between the cars for
| the purpose of coupling or uncoupling and
| no road can, after the date prescribed. use
| cars Of its own or hose of other roads
| which do not conform to the laws proyi-
| sions. Much credit is given in the report TO
| the skill and intelligence of railway en-
| ployes.
| Since the commissions last report sub
| stantially no progress has been made by
| the carriers in the work Of uniform classi-
| fcation. The commission reviews what Is
| said on this subject in its former reports
| The results of what has been attempted by
| the carriers In this matter have convinced
| the commission that uniformity will NOT
| come from the voluntary efforts of railroad
i officials, and that Ii Is necessary TO urge
l them on by legislation. 1t is believed that
| sufficient time has been allowed the car
| riers to formulate a suitable plan. The re-
| port recommends that the carriers be re-
| quired to adopt uniform classification
| within year. and in case of failure that
the commission or some other public auth
ority be directed to enter upon the work.
CThe recommendations of the commission
as TO additional legislation have been made