The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-05-13

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The minority opinion in the trans
Missouri case presents this Succincuy
and clearly, as follows:
'sTyhat he interstate commerce rates.
nil al which are controlled by the pro-
yislons az to reaSonableness, were not
Intended 10 fiuctuRte hourly and daily'
rs competition might ebb and now, re;
suits from the fact that the puoilshe9
rates could not be increased or TeduSea
except after n specified time. II lol-
lows then that agreements as TO rea-
SonSbie rates and against their secret
reduction conform exactly 10 the teFrIS
OF the act" -.
For these reasons. as well as Tor the
convenience, certainty and resttulness
OF .-nde, all merchants not seeking re-
hates would, for example, approve a
rate Of 20 cents per 100 pounds from
Chicago to New York. and such mega.
tive legislation as would sustain that
rate undeviatingly until as publciy Al
tered, rather than concur In Legal ae.
clsions or railway practices Whlch
stimulate a concealed rate OF 10 SSh lS
for large shippers, when the publlsheu
tariff is 20 cents. They well know
that such vicious determinations re-
semble trust methods and render com.
rnercial competition impossible except
between controllers OF vast capital VINO
NAV impOyertsh smaller traders, ana.
controlling warehouses full OF tr1iiic'
tender Il In train loads to pllable rail-
ways or those which lack business, OF
SHIFT their large tonnhges from line 70
line. or unite with other shippers 10
more compel preferential rates OF coh-
ditions. II is reRrettable to say thht
thew too often obtain them. By such
means some dealers become shippers
in diverted railway earnings as much
"a in their own merchandise, and there
by grow the stronger to exact turther
railway concessions, to Rttpulnte pur-
chase urices 10 producers and sale
priceS 10 consumers. and perhaps to use
their combined rebates and capital 70
further control values on trade ana
financial exchanges.
Laws ParpOSsS RoVsFssd.
The real purpose Of the antitrust
law is thus reversed. Not being. as the
railways contend. meant to apply to
them. II is thus far adjudged that II
does: yet, being clearly applicable to
trusts. the latter escape its effect and
grow stronger from those large trans
actions between themselves and those
carriers which grant them special ad"
VRntaRes, which that decision more en-"
cour1ges them to do.
Reasoning from these conditions, u
cannot be TOO often or strongly urged
that, however much all competitive
railways but one may observe common
and legal rates, the strongest ana DeSt
disposed companies must BuccumD 10
the Questionable conditions forced on
them by the weakest or worst compeu-
tor, This also reverseS commercial
and trust conditions. wherein tho
stronger control.
AS a further Illustration. the Eoverns
ulent'S postal business would be I'M
paired and dlgorEanlZed II railways. eH"
press companies and house TO house
carriers cut the postal rates % per cent
yet II real competition Is the Legislative
intent, why should they be restrained
from such carriage by law as they are
now? As Commissioner SchoonmakeF
wei. said: "a rate made by one line on
n particular traffic must be the rate OF
nil other lines TO share In the business"
He also said: ''And this perniciouS
rover IL the creation Of law, and II pro-
ttcted by law upon the antiquated and
once respectable theory, but now fully
demonstrated folly that Unrestricted
competition among railroads Is pubic
benefit
An Euch ratc-cuttlng methods simply
sell transportation awards to the low
est and not the highest bidders, and are
not proper competition more than are
auction sales OF pGwned. bankrupt, or
damaged goods legitimate business H.
vaIry. II Is the control or extinction OF
trtO carrying competition and the de-
trIlction OF all its legitimate rules
functions and agencies. In these facts
and illustrations lie answers 10 those
who say the railways have only them
selves 10 blame for the unreasonable
- and he mntnWnFIl
conditions OF which they now complain.
What Composition Mean.
Based on these proven premises. com.
petition properly means that when va
rious persons seek coveted cousum-
nation or patronage they shall be gov.
erned by those rules In each branch OF
endeavor which apply equally TO an
honorable contestants therefor. and
which experiences have proven fair and
essential TO enable the best man, horse,
yacht, machine, picture, shipper or rail-
road to win under equal conditions.
Complementary, Justly and legally
considered. and applied only 10 railwaYR,
competition means due adjustments and
establishments Of rates to conform eQui-
tably TO those causes which properly
control or affect them. such az rivalries
with oceans. rivers, lakes and canals,
competing markets which distribute,
consume or reshIp, the relations Of local
tiles. etc. Economies in cheaper rails.
coal, etc, longer and more numerous
trains, lower grades, improved terminal
facilities, better statlon-houses. more
and safer tracks. celebrity OF service. etc,
are also elements OF legitimate cmula-
tion intended to transfer and increase
business and which effect lower rates
thereon. This true competition will,
therefore, never cease between any rival
lines.
when all these Justly competitive
forces have been duly expressed in rea-
Fonablc and uniform rates, fares and
rules, each and every violation OF them,
however small, especially by those who
helped TO make or who Endorsed them,
constitutes n discrimination: II dishon-
orablc competition, and should not Long
or receive even negative trade or nation
al sanction.
Endorsed by Authorities.
Various Interstate commissioners have
strongly confirmed these views:
Judge Cooley said: How distinctly II
is seen here that II Is utterly impossible
10 fudge OF railroad competition and Its
effects. its usefulness and It's mischlcf5
by comparing 1t with competition as we
encounter II In other lines OF business.
Hon. Martin 4. Knapp said: 'Depriv-
ed OF special and exclusive rates, Nn ad-
vantage far more odious and powerful
than exemption from taxation. those
trusts arc shorn OF their strength and
Invested Of the supremacy"
Judge Patterson, who introduced the
pooling bin OF 1895. said: This prcferen-
tial system throughout the country is
gradually destroying the small and en-
TlchinR the large shippers"
Tho great English commission Of 1852