Rocky Ford enterprise., 1898-06-09

HON. NJ. 2; 2HE IEcAhdsj .hfd FPEEsa PEEs!DENT OF
commissions OF the different states. 1t is
4 body that is supposed to stand as an
arbiter between railroads and the people.
n friend OF both: body that ought to
and does have great influence. and espe-
cially in reference to legislation regard
ing. railroads. ~ this audience should
agree upon any legislation in that respect
that was needed. presume there would
be no difficulty in inducing yonder con-
Eress to enact 1t into law. and believing as
do that 1t Is essential TO the public in
terest to secure legislation. am pleased
to have this opportunity Of presenting my
views and endeavoring to enlist you in
the reforms which think a-e SO vital.
"e.hnvc reached n crisis In railway man.
agement when something must be done
II We would avoid disaster. not alone to
the railways. but to the material inter-
ests of our country.
For so years n contest has been waged
in legislatures, in congress. and before
the courts. by the people on one side who
believed that railways were public cor
porations and subject to control by the
power that created them: and. on the
other hand. by officials OF the railways,
who did not believe that such control was
legal or practicable. State after state
asserted Its right. These rights were con-
tested from one court to another. and
decided from time to time always in favor
Of the people. under certain restrictions.
1t finally eliminated In 1857 in the enact
ment OF the Interstate commerce law. and
since then there has been hardly day
when some provision OF that law was not
under consideration by the courts or by
congress. until now we may state 1t is as
fairly settled by the highest courts in the
land that the legislatures OF the states
have control over railways with refer
ence to their local business subject to
certain conditions. and that the congress
of the United States has the power to
regulate Interstate business. The supreme
court of the United States. which is the
highest arbiter of these differences, has
just decided that such control of the
states, or regulation. must be reasonable.
and that rates cannot be reduced below
a profit where the railroads can earn
their expenses and u fair return upon
their cost.
Railway managers had accepted the
situation, and were endeavoring to obey
the interstate commerce law and adapt
their management to 1t when. In March,
1897. a decision was rendered by the su-
preme court which produced chaos and
destroyed all agreements. 1t was prac-
tically that the Sherman antitrust law.
so-called. which II had not been supposed
applied to railways, did apply to them.
and under the construction of that law
by the court 1t was practically impossible
to make any agreements or arrangements
for the maintenance of tariffs. In the
case brought against the Joint Traffic
association in New York. this view has
been combated by the railways and 1t
may be modified by the courts.
1T is well. perhaps that we should
look the situation fairly in the face, and
while do not care to be an alarmist,
feel bound to describe plainly to you the
condition today. so that you may under
stand the necessity for action. Never in
the history of railways have tariffs been
SO little respected as today. Private ar
engagements and understandings are more
Plentiful than regular rates. The larger
shippers. the irresponsible shippers, are
obtaining advantages which must sooner
or later prove the ruin of the smaller and
more conservative traders, and in the
end will break up many of the CONNER
cial houses in this country and ruin the
railways. A madness seems to have
seized upon some railway managers. and
a large portion of the freghts of the
country is being carried at prices far be-
low cost. Other than the maintenance of
hrius the condition of the railways is
good; their physical condition has been
improved; their trains are well managed,
and the public is well served. If n way
can he found by which tariffs can be
maintained and the practice of secret re-
nates and private contracts discontinued.
thG future will have great promise for
railway investors. railway employees and
me public generally. And here / wish to
say that this is not n question which
,o"cefns railway investors alone. If it
M"", you might say, let them fight 1t
n ~ 1t concerns over and above every
o o,e else, the great public. One-tifth of
@ people are Interested directly in
@nWays. either employees or employees
~ mahuTactories that are engaged in fur
.sninS supplies TO the railways. Can
..s pody polite prosper If one-fifth of
L.; humber is engaged in a business that
20 losing money? The railways serve the
public in so many ways that their pros
pelity Is closely interviewer with the
Nosperity and comfort of the ordinary