The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-06
RAILROAD NEWS.
The Inter : State Commission
Censures a Santa Fe Official.
Comments Severely on the Posi-
tiOn of Aldace f. Walker.
FREIGHT SHIPMENTS
And Rate Discrimination Dur
ing the Receivership
Is the Text the Commission
Takes for the Manifesto.

The Chicago Tribune of a late issue
contains the following:
Aldace F. Walker, now chairman OF the
board of directors of the Atch1Son, rope
la and Santa Fe railroad, and who was a
member of the Interstate Commerce
commission when the board first came n
to existence, has received a severe druD-
bling in decision just rendered Dy the
Interstate Commerce commission.
When Mr.. Walker was receiver or the
AtchiSon, Topeka and Santa Re IN 1880,
the road was charged with violation of
~ fo,1Ttt seo+iC11 ~ the inter-state com
merce laws by making lower rates on
freight to Colorado points than TO, TO inter inter
tended that this action was not in V1o-
lation of the law for the reason that there
was a dissimilarity of circumstances and
conditions because there was then pre-
valent a rate-war between different COM
peting lines TO those points.
As the commission understands 1t, the
position of Mr.. Walker was as follows
AS the receiver of the Santa F'e system
he stood charged with the preservation or
it's properties. He found in the manage
ment of those properties that the tariff
from chicago 10 COLORADO polnlS' winch
belonged to and had formerly passed over
his lines, was being diverted, and he be-
came satisfied that TINS was owing 70 the
irregular practices of his competitors in
accepting less than the published rates.
He became convinced IhaU the only way
in which this secret and unlawful com
petition could be met was by meeting the
rate which they made, and he accordingly
did so. The rate which he established to
Colorado points, was, Is he well knew,
an unremunerative rate, and was only es-
tablished TO meet the immediate neceSsi-
ties of the occasion and as a temporary
expedient. The rates to intermediate
points had been substantially the same
for many years, ana were just and rea-
sonable. He did not believe there was
should be reduced and the revenues of
his system diminished because he found
purpose of checking unlawful competition
1t was the fact of this unlawful and Sc
cret competition which justified him in
making the lower rate for the longer haul
by creating dissimilar circumstances and
Stripped of various embellishments,
says the commission, Mr.. Walkers posi-
ton is that because one party violates
the fourth section OF the law secretly
second party may violate it openly in an
other particular This proposition, it
says, would sound ridiculous if it pro-
ceeded from a less eminent authority.
and is sufficiently startling from any
would result in complete anarchy.
Mr.. Walker was asked why he had not
formation he had regarding the matter.
His answer in substance that ii
would have done no good that in the then
state of the statute and of public opinion
the law could not be enforced
Commenting upon this answer the COM
Mr. Walkers position is this: I dis
obey the law because it is not enforced.
other men in my position decline to CO.
operate in its enforcement I decline to
cooperate because 1 do not like the law.
That is to say, ! dlsobey the law because
l do not like it.
The commission then says:
1t is certainly true that the act to
gulate commerce is defective in many inn
portant respects, and that this commits
sion is poWerlesS at many points where
it ought to be effective. 1t is equally true
that the law might be enforced. to
much greater extent certainly, if the rail-
roads of this country. would lend their
influence thereto. If the receiver of the
Santa Fe road instead of taking the law
into his own hands, had given US the
benefit of his hearty cooperation, the il
legal practices of which he complained
could undoubtedly have been stopped in
that instance and an example made of
those who inaugurated those practices
that would have gone far towards dis
coura ging similar violations of law in the
future. Whether he should so assist in
the enforcement of the law was ques-
ton entirely for him man and
railroad manager. We have critiSm
upon his course in deciding not to CO.
operate in supporting ii, but we must de-
cline to accept as valid excuse for his
violation of the law the fact that the
law was disObeyed by other parties, when
that diSobedience arose from his own
attitude toward IT.