New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-26
THE RAILROAD DECISIONS.

The decisions Of the Supreme Court on rail-
road questions are called favorable to the rail-
roads, but do not cover any point OF material
Importance. Those which concern equal rates
to different shippers Of the same town, or rates
proportional to service at different towns only
carry out well-known provisions Of the Inter-
state law, applying them to details Of relatively
small Importance. A railroad delivered the
beer with carriage to one dealer, but without
carriage al the same charge to another dealer In
the same town. which the court holds an Illegal
discrimination. To one town a road includes
the cost Of carriage in delivery of goods, but not
TO another town, and the court finds in this no
discrimination in rates charged for the rail SER
vice, but holds 1t within the power Of the Inter
state Commission to direct that railroads should
hereafter include carriage as such in their sched-
ules. The cases and decisions indicate how
minute and strict in small details the interfer-
ence with railroad service by the commission
and the courts is becoming under the existing
law. and yet I'm matters UNNECESSARILY more i'm
portant there remain grave abuses which the
law appears unable to reach.
The case Of discrimination against New York
in the trunk line rates on eastbound freight to
this and other seaport cities, which is admit
tedly of the utmost importance TO the business
Of ali the cities, has not yet reached action in
the Commission, which is to hear it again next
month, Commissioner Morrison suggests that
''the Commission might venture to say what
"the maximum rates should be on certain classes
of freight and what the difference should be
between NcwYOrk and Boston" No doubt, If
such rule were made and accepted by all the
railroads and all the people of the cities con-
cerned, the matter would be settled, but 1t can
hardly be considered probable that such unanim-
ity Of assent will be realized. If the Commits
sion had power to fix rates. there would still
be controversy as to the justice of its decision.
which would burden the courts as did the case
just decided relating TO Chicago and Cincinnati
rates over n Southern road.
This decision. the only one of consequence rem
dered Monday, merely declared that the Inter
state Commission had no power 10 fix rates, and
consequently 10 power by mandamus in the
courts 10 enforce any such tariff by il prescribed
This is in accord with the evident intent of the
act. and in rendering the decision Justice
Brewer said:
1t is not TO be supposed that Congress would
ever authorize an administrative body to cstab-
fish rates without inquiry and examination; to
evolve, as II were, out Of its own consciousness
the satisfactory solution of the difficult problem
Of the just and reasonable rates for all the
various roads In this country; and If IL had in
tended to grant the power to establish rates il
would have said so In unmistakabe terms.
This is so obvious that II seems strange any
doubt on the subject could have arisen. either
in any single chamber of commerce or In the
Commission. But as Commissioner Morrison
says, the decision amounts 10 this. tina; the
Commission has power TO say whether rates
are too high or too low, but has moi the power
10 say how much too high or too low they are
After these many years Of litigation, we are get
ting down 10 the fundamental difficulties under
lying the entire scheme of regulating property
which the Government does not own. Plain
common-sense indicates that an administrative
commission should not have power to evolve as
II were. out Of its own consciousness" the rate
al which the owners OF n property shall sell It's
service. Until the Government owns the rail
roads the power 10 fix rates by Government al.
thoriy will hardly be granted. but II is still
an open question, after many years, how far In
reference by Government commission benefits
the public.
An enormous transporting interest In which
n large part Of the capital OF the country is in