The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-01

Ponds in large degree upon the ability OF
the railroads to purchase property freely
and to perform with the utmost economy
services which add several thousand mil.
mons yearly to tho actual value OF prod
ucts 1t would seem TO be nearly time
TO regulate the relations between railroads
anu the government, state and National,
on more intelligent lines, Ind yet the
course of events and OF discussion can
hardly be said TO tend in that direction.
New York Evening Post.
Three railroad cases one OF them Of
great Importance. were decided by the SUI
prene court Yesterday They all c,ine UP
under the interstate commerce act. which
vests large powers in the Interstate COM
merce commission under the clause of the
constitution giving congress power 20 reg
ulate commerce" between the States. The
first two related to rebates or discrimina-
tons between Individuals the last TO tho
power Of the commission 20 fix rates gem
orally In advance,
In the first complain. was made OF Il VI
citation OF section OF the act, prohibiting
rebates or drawbacks. The facts were In
substance IA follows: The so-called Pam
handle and the Baltimore and Ohio rail-
roads transport q great deal OF beer from
Cincinnati to pittsburg, both roads charg
Ing 10 cents per 100 pounds. noth roads
desired TO get the business VI one Brueu-
Ing. Wholesale dealer In Puttsburg. one
road had a sidetrack TO Brueuing's place
OF business. the other had none; SO that, II
he employed tho latter, he had TO pay aie
cents more for carriage. To meet this dlt
ficulty. an arrangement was made by which
Brnening had the beer carted from the
railroad station to his place OF business.
presenting n monthly bill for VIZ cents per
hundred weight. which WAS settled by tho
, railroad company. Wolf, another dealer.
paid 10 cents. and also had TO pay for his
! carriage. Complaint was made for this
against C. s. Wright. the agont through
whom the arrangement was made. and he
was convicted, and this conviction Is now
| affirmed.
This is equality under the law. but Is It
Justice? Here ia an act not IN the least
| immoral or wrong. and only questionlbly
illegal IN its character, no worse tlan what
/ any merchant does every dny IN the week :;
/ it's being illegal is doubtful thPt IL IL
! not TIL after long litigation, carried up
TO the highest court of the country. that We
| know that 1t is Illegal at all. Yet this act
| makes of "a respectable man a malctactor
| end brands him as such This is ques-
ton which should appeal to the common
sense OF those engaged in modifying the
| interstate commerce act. The ease illus
| tratcs the effects of the present rage for
! reinforcing all statutes affecting business
/
| criminal oftcnse. We believe II to be n
| literal fact that under the crlniiual code OF
| the various States and the United States
| us IL standa today, there is hardly an Ct
/ binary act OF trade or commerce which has
| not been made n criminal offense, ar TN
der recent decisions may not be made such.
| In the case of railroad agents. the MUS
tice Of this system Is very striking. be-
cause the act for which tho agent Is pun
| ished is usually the act of his superlurs.
| who escape altogether. II s ncN part OF
| the duty of a railroad or other corporation
! agent to go TO iail whenever the Interests
of the corporation require that thoT lights
| shall be tested In the courts.
In another case. an attempt was made
by Parsons, an Iowa shipper, to recover
| $3.50 Tor alleged DETERMINATIONS In tregh'
| TO New York on corn and oats an extra
sum which he was not actually charged
but might have been charged bad he
| made the shipment to New York This In
renious attempt TO speculate on the set
was not upheld by the supreme court.
The most important case, however, was
that of the New Orleans and Texas Pa
cific railroad. In this several railroads
were concerned, and the point at issue was
the right claimed by the interstate com
morcc commission not merely TO regulate
existing tariffs made by railroads. but 10
prescribe tariffs and enforce them by man
the existing act. not to exist The func-
ttnns OF the commission are thus sum
marily and clearly defined by Judge Brew
or:
ut Is charged with the general duty OF
inQuiring as to the management OF the
business OF railroad companies. and has the
right to compel fun and complete inform
alton as TO the manner I'm when such com
pauios are transHcting their business ANA
with this information it ia charged win
the duty of seeing that there rs 40 viola
ton Of the long and short haul clause
that there is no discrimination between IN
dividual shippers. aud that nothing IL done
by rebate or otherwise TO give preference
TO one against another; that no undue pref
erence is given to one place against anoth-
err but that IN all things that equality OF
right which Is the great purpose of the
interstate commerce act shall be securef
to shippers
gross might not authorize the commission
| TO make tariffs. Far from II. But II II
had intended TO authorize anything Of tho
Mind II world have sad so plainly. because
the supreme court never prcsumes that
congress intends to pass An irrational
measure unless II clearly announces ia
| intention. at Is not to he supposed that
congress woul3 ever authorize an admin
istrative body to establish rates without
inquiry and examination; 10 evolve. as II
were. out of its own consciousness the "a,
isfac.ory solution NJ the difficult problem
of lust and reasonable rates for MI tht
various roads In the country And, II II
had intended 10 grant the power to caiab-
jsh rates n would have said 50 In unmiS-
taxable terms
II is evident from these decisions what
other facts have, indeed, made abundantly
eyident--that the whole Interstate la"
needs revision. Two at least of these cases
should never have been possible; the other
presents questions affecting private rights
which to say the least, are very serious.
Fortunately the pooling question. raised by
the Transmlssouri decision, is now before
congress. and cffars nm opportunity for a
,horoughgoing revision Of a law the sub
stance, form, and enforcement of which
have come TO be a matter which thoge In
,erestoA IN railroad property, that u.s. In
trade. commerce, and property in general,
can no longer allow TO be made the foot
hall OF place hunting politicians.
Chcnu Rates Authorized.
MI f,tl,uri,., wound trim raipg have hppf