The Wichita daily eagle., 1897-12-08
@aIu eagle
NJ. NJ. MURDOCH, Editor.
RAsrARD RAILWAY Law.


Commissioner Fink, at one time
recognized authority ON railway law
remarked 10 the writer hereof, during
The tendency of the interstate railway
commission law, that its passage would
arove the death knell of the smaller
centers or common points, anu oi
vast advantage to a few of the greater
terminal cities. The bill subsequently
became the law of the land with cons'd-
cradle scope and efficacy until the su-
Dreme court sheared IL OF lts power
since which time both The railways and
the nublic have been dissatisfied with
the status of the transportation queS-
zion. That the interstate commerce
law has worked to a disadvantage ior
the interests of young and growing dlS-
,ributjng and manufacturing centers
there is no doubt. The operations OF rne
measure have been against the city or
hut two or three or half dozen trunk
lines and in the interest of cities with
both trunk lines and water routes
subsequent to the handing down OF the
emasculating decision Of the supreme
court. Senator Foraker OF Ohio lntro-
duced into the United States senate a
general pooling bill, which measure Is
now pending. Upon the heels OF the
movement, Mr.. George r. Blanchard
has published a pamphlet containing
seven articles ON railway pooling. MI.
Blanchard is chairman Of the JOINT
Traffic association and is thoroughly
posted and advised of what he writes.
He fayors a general pooling law, going
into details and presenting many argu-
ments favoring his position. de hoids
that the roads of the entire country are,
as a rule, on the ragged edge. What
with drastic court decisions, ''lnlml-
calu laws and "hostile' legislation rail-
way interests are in the last ditch. Be
sides. under the present competitive sys-
tenn unreasonable internecine freight
rate wars have been constant unset
ting public business and depicting rail-
way revenues. He therefore advocates
the massage of the Foraker bill.
Hon Charles A. Prouty, member OF
the Inter state Commerce Commission,
In the last Forum appears with an an
swer % Mr.. Blanchard in which Prouty
consents to the truth Blanchard 5
complaints but dissents from the pro-
posed remedy. Prouty's article, which
is wonderfully forceful. as it Is simple
and straightforward, holds that gen
eral pooling law means inevitably high
er freight rates all around and against
the people as a whole. Consenting that
the present state of the railways OF
America Is a deplorable one, and that
pooling would relieve many Of their dill
ficulties, vet that, after all, the fact re-
mains that the main purpose of pooling
is to eliminate competition, even at
common points," Mr.. Prouty con-
cludes his lucid article by saying that
Ill is impossible 10 come into contact
with the actual railway operations Of
this country today without being con-
vinced that a majority of the men IN
charge of our railroad properties are sin
cerely desirous of operating those prop
critics in obedience to law. 1t is impos-
sible to resist the further conviction that
taking the law as it now stands, and
the conditions as they now actually ex-
ist, the honest railroad is at a most serl-
Gus disadvantage. An interstate carrier
which complies with the provisions OF
the act to regulate commerce does so at
the expense of business which legid-
mately belongs to it. This ought not TO
be: and when these men, in good faith,
ask congress for legislation which will
amend this state of afiairs and enable
them to better administer their trusts,
they are entitled to speedy and careful
attention and 10 whatever relief can be
consistently granted. The fact that the
relief asked for may involve the crea-
ton OF q 'trust'' is not conclusive
against it Every railroad has, Of ne
cessity, with reference to a large por-
ton of its traffic, an absolute monopoly; !;
but the remedy for this sort of monopo-
iy is regulation, not strangulation.
In legislation of this sort, the public has
vital interest which must be protect
ed; and no provision Of law now in ex-
istence affords even the shadow of such
protection Subject to the regulation
of the Interstate Commerce Commits
sion" sounds reaSsuring: in the present
state Of the law it means absolutely
nothing"
A CUT IN OFFICIAL FEES.