The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-10

charges, it would innexibIy and uniformly
charge and retain both schedules as pub
ltshed. There would be no other justihable
governmental course, and II is equally just
when the railways collect one Of those
charges. II, on the other hand. 1t is better
that only the transportation element OF
m be capricious, concealed and
preferential, because that condition Is Il
desirable requisite of so-called "competi
uon.' mould not rival customs collectors
also make different import charges ~ their
competing ports OF entry. Why, further,
should not the whisky tax be lower at
Peoria than in North Carolina? Why should
not postage stamps be sold cheaper at prof.
liable Offices like Now York TO daily users
OF the mails than to infrequent letter
writer's at small offices conducted at a loss?
And why should letter postage be the same
from New. York TO both Brooklyn and san
Next, it is widely claimed that transport
tation is a governmental function dele
gated in part TO corporations, but remain
ing subject TO national control. Upon THAI
further ground railway companies seem en-
titled 10 those reasonable, delegations OF
power which would be necessary 10 enable
the government TO secure the observance
of its like charges under like cireum-
stances.
While railways thus argue that govern
mental and private railway policy should be
alike national. public, impartial and en-
as we'll as governmental railway MANAGE
ment should be subject TO proper national
supervision.
GOVERNMENT OWNERSHIP.
II the government now oWIiSu thS q
ways. the disquieting defaults of interest
On their bonds, the lessened returns on their
legitimate shares, the constant iInpairments
of gross and net revenues, especially from
false physical condition and safety as well
as to injure their fiscal obligations every
where, and those disturbing conditions
would doubtless have been then set forth
by the President as needing national cor
rective action as much as the other finan-
cial urgencies to which he asked considera-
ton. Ii such railway retrogression never
theless continued under governmental man.
agement, it would have oeen finally neces-
sary TO meet it by direct appropriations or
by diverting other government incomes 20
such deficits. Either of these courses would
be more expensive to all the people, and
more unjust in application and effect than
to charge and maintain ADEQUATE rates pay
able by the actual users of the railways.
Railway owners and managers are con-
fronted with the same problems, but have
been denied adequate powers to meet them.
I Therefore they ask governmental sanction
to a policy itself could not escape from.
To answer that railway .proprietors and
managers must take care of themselves, yet
rot permit them to do so legally, is the logic
of theory or hostility, is not just and is not
! applied TO any other national interest.
As the United States does not own any
railways. these premises must /. sustained
by proofs drawn from other nations.
In 1874 Switzerland invited Austria-Hun-
gary, Belgium, Germany, Italy and the
Netherlands to confer touching competitive
II LIOiA0l railway iliLSi III OANtNi NhdG
like rates and bills of lading might prevail
via their routes and frontiers. Further
conferences. in 1878, 1881 and 1886. in which
private companies participated, considered
the competitions of the Mediterranean and
North sea and the Danube, Rhine and other
rivers, as well as that of their own rail-
ways. resulting in an agreement at Berne
in October, 1880, which was subsequently,
ratified by all the participating nations and
made effective Jan. l. 1898. Under that
compact undue competition was ended, NOT
only governmental, but private rights were
aud rt1h1ic ctohla and TppGOn4.
BILE charges were announced upon whlch 10
base competitive national and international
traffic n~terchanges. had tnose sosetn5I
ments and their private ailway acted
upon the erroneous theories of inexperienced
and hostile opponents of American ran
ways, they would not have thus associated
or agreed, but would have fought the car
rying struggle to a finish. Private corpora
lions would have been crippled by their
own governments, and the latter would
then have continued their strlfeS, depleieo
their several national revenues an al m
volved their treasury budgets. The rall-
WAYS would have deteriorated and CONNER
ciai instabilites and determinations IN
rates would have continued or Increased.
Can there be any question whlch Is the
iuster and wiser public policy?
the Supreme Court decision should pc TESS
deplored if the present discussion brings as
wise and permanent legislation as that con-
Guided at Berne. Otherwise. their fruits
will grow more grievous to fair traders ana
carriers, and will more incite ana less.Tesu-
late the evils of concealed lscrinin "a Pawo
which no laws and no railway unity have
ever vet corrected in any country, ex-
cent by pools. Interstate Commissioners
Shoemaker said:
s0The lack of affirmative legal authority
for such associations, the bad faith often
exhibited by some of their members ana
the inability either to restrain or PUNISH
delinquency, have operated in another ten:
dency-the tendency toward consolidation
Moreover, should pools be authorized py
law. and be thereafter found TO antagonlze
the public interest. prompt repeal OF
amendments, or engagements or the pow
ers of the Interstate-commerce commas
sion would protect the people.
The argument Of these articles is not
that legislation should sanction a past rail-
way policy which may be finally adJudged
in conflict with law, but II holds that con-
gress was we'll advised in 1886 to sanction
Dooling; that it's prohibition in the inter-
state act was a public as well as corporate
misfortune; that the antitrust law was
not intended to prohibit fair agreements
NOT designed to raise prices or create
monopolies. and that it was not intended
10 apply to always Inasmuch, however,
as doubts have arisen upon some or these
noints II is dIe every interest involved
they be now removed by affirmative legis-
lation. The argument also represents only
the writer's views.
Much Of the legislative indisposltlon 10
affirm pools is based upon widespread mis-
conceptions of railway competitlon' Wnch
will be. therefore, considered next.
GEORGE r.. BLANCHARD
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