New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-04
HE CALLS 1T A VICIOUS BILL
JOSEPH NIMMo. JR., on THE PENDING RAIL
ROAD LEGISLATION.
THE BILL TO AMEND THE INTERSTATE COM
MERGE LAW CRITICISED.
IBY TELEGRAPH TO THE TRiBUNEl

IBY TELEGRAPH To THE TRIBUNEI
Washington Feb 3.-The attention Of Joseph Nimmo'
r.. to-day drawn recent dispatch rom 'h',"H''
stating certain views expressed by him IN an article IN
The Railway Age which seem 10 condemn 'he
provisions 0, The House bin amending the Interstate
Commerce law recently reported TO the senate py
NJ. CullOm.
"whcn / wrote that article" said Mr. NImmo. the
bill had not been reported 10 the House Al VS.
only the other day that fist examined the bill NY
views as expressed In the Chicago article ore orecuS
opposed 10 the provisions OF this hill. II eoe- !"
the face Of everything which. as Government oHice'
and private dlizeh ] have written during the last
fifteen years will say franidy that regard ms
as ore O. the most vicious bills ever introduced mo
Congress.
The theory ~ doctrine winch for years has cohro'u
nv though, upon this great subject is The fundamental
Idea up0r which or Governmental institutions rest
the idea o, liberty regulated by law. This idea Is
based upon the dccp-seated conviction that one honest
and determined effort at sefccntrol Is worth huh'iu
efforts a, governmental control. the American rh!-
road system, evolved by tho ntei7cuon OF forces l"
tho absence o, any sort Of governmental provision
supervision or control constitutes magnificent Demon
,tra'ion OF the practical wisdom OF those great men
who laid the foundation OF institutions. By means
Of connected tracks. the common use OF cars a''"
10 OoO other cooperative characteristics. ths system
OF TRANSFORMATION presents itself TO the people OF ms
country as line Of transportation with respect 70
traVol, carriage o. 1rcleHIS hliu Hh'iS' - -
regulated and sclf-con,roed In the face OF ne
connective forces of transportation and OF trade which
wherever uncontrolled tend 10 the widest dsoiuei "u
most destructive strife.
Hence. infer that governmental reg'!auon u Wv
railroads must be limited 10 the vitality 'hpo''"I'
objects Of preserving order and securing inc '"u
OF Justice IN the conduct oi our enormous '"c'n''
commerce | maintain TINT there can be no "HA'"
some or effective governmental regulation OUTSIDE 'his
lies the dang rOu> uVlildll :"
governmental Imperialism from which the spirit oil
American liberty recois.
since writing my article for : TIC ha'i"'9 49,
In which tie Idea here advanced IS elaborated law
read and carefully considered tlic House Dill 40"
renor,,d TO the senate. II fills With astonlsh
mcnt and regret. condemn particularly section -
which provides that every railroad company snail
receive ard haul o, road every freight car ohcrea
by any other railroad company or shipper who OWNS
cars and the Interstate Commerce Commission Is 10
sec TO the enforcement OF this administrative measure
This TO my mind, l. unhmer.can ana 10 th' '"S'
degree poirlcious. for 1t proposes TO step clear out
side OF the administration Of justice ahd To embark
orr Government in the business OF administering the
commercial and Transportation interests Of the coun-
try.
Ny special objcconS 10 Section . are rs follows
rrs, IL would tend 10 create dlssrnion and diSoricr
in the conduct Of the railroad freight tiac py '"'''
ference In the management Of the freight "pipm 'h'
a. roads The VI '''r'''
car service OF railroads Is TO-DAY probably tAe most
lmportan branch OF railroad economics. ~ calls Tor
ability 0. high order and large experience III iairo"
anagemcn,. Men who regard THIS matter m'rcN
IN theoretical way that the free p'oas % 81 ir'e
cars over the lines 81 different companies Is one ~
the most splendid features 81 the American rili"'l
system: therefore they Jump to the conclusion that
the cars OF ever railroad company and every sh pP"r
who own, cars must he permitted 10 20 Where the
owners OF such car, please. That declare - b" u
INDUSTRIOUS proposition. The economical use Of cars
and the orderly conduct OF the American railroad
system composed H. II Is Il great number OF ind".
pendent railroads. reder II necessary that each com
paay shall have the right TO decide In particular
cases whether il will use ts for traffic over
lis own lines or the cars belonging T. others. To
compel a great trunk railroad company to l"av" hun
srcds of il, own car, standing Idle on side tracks ana
to employ belonging 10 competing comp'n's
and TO the larger shippers would he nh outrn." Many
Of these larger shipper, are essentially blo'd>ncA'I'
upon the great trunl: lines mud their aim IN HE u
10 secure unjust determinations as against competing
shippers who are not able TO own th'dr own cars.
IN" provisions Of Section vCuld In many Instance
tend bankrupt MANY Of the stronger lines ana I"
Intl oduce commercial Disorder, for II wonli put a
club In the hands OF every competing line and every
car-owning shipper and igcte what would incvi'a-
bly, become a sort of Kilkenny cat night.
Second section = wonld enable pirailpS railroad
companies ana shippers TO ufldlc 'Ic pjiN' a. VIM I"
cars shall he received by connecting compan.cs. !
apprehcnd from my knowledge of railroad economies
that this would be very Oncrous requirement.
Trains are made up at certain points where switch
Ing fncAtcs exist. l. c. sidctracks switching engines.
etc. II would lie promotlve Of disorder 10 violate
this rule.
Third; Section o. II made law. would open wide
the door TO combinations between roads pratically
inclined In their efforts to divert traffic properly
earded as local to many OF the most important rail-
roads Of the country. and IN that way demorallze
rates and produce railroad walls Sd denoraliing 10
trade. go
Fourth tao principal trunk lines rapidly
possible Introducing freight cars with Improved
poriant economies In way OF reducing cost OF moving
trains and Of reducing losses TO the companies from
accidents IL also sbserves the more important oh.
icct OF protecting the Hives o. employees, matter Of
bill would. believe In frequent Instances compel
the hauling u cars not 40 constructed. This would
greatly interfere with important measures Of railroad
reform.
"1his bill also involves the fundamental Of
attempting TO confer iudical authority upon the
Interstate Commerce Commissioning non judicial body
In the llcc II protests Of the Federal courts
and IN the face OF the declaration OF Hamilton that
there is liberty II the power OF Judging BE- not
scarat,d from the legislative and executive powers.
fIc entire bill is contrary 10 those principles of
liberty upon which Government was NunGcd. II
fills me with establishment that "a Democratic House
should have accepted the recommendation OF com
lavor Of provision OF law-Scction (Which 1Dcs In
the II all JcfersOn!aniSn. earnestly hope that
there viii be- found in the senate n su, cnt number
VI Eopubcans aud Democrats to stand t. the old
81 governmental Imperialism In restraint OF Industrial
flc0dU1I.'
TIE AN1IOPTICN BILL REFERRED.