Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1898-05-19

than was probably ever known on earth in
any other business. Men managing large
corporations who would trust their OPP
ponent with their pocketbook with untold
thousands in il. will hardly trust his agree
ment for the maintenance of tariffs while
they are in the room together. Good faith
| seems to have departed from the railway
word. SO far as traffic agreements are con-
cerned.
''one of the chief difficulties with the law
as it stands to-day is that the punishment
for private contracts and rebates is en-
tirely out of proportion to the offense. The
Imprisonment cause was put in as an
amendment to the interstate commerce
law, and 1 believe the commission and
everyone who has watched its workings
will agree with me that It has been fail
ure: more than a failure, that it has caused
perhaps more Generalization than any
thing else. The public has not believed in
it; 1t has been impossible to secure convic-
tlon: 1t has prevented the railway OF
nclal who desired to be honest from COM
planning of his competitor whom he thought
was dishonest. III fact, it has been what
every law is that il not supported by pub
the manner of conducting business to-day?
The railway official who desires to be hon.
est and law-abiding sees traffic leave his
line and finds the freight that he was car
rying hauled to the warehouse of his rival,
the earnings of his line decreasing and
complaints from the mana cement of loss of
earnings, and in the distance he sees loom
ing up the loss of his position. AT the same
time, the shipper who desires to obey the
law sees some rival selling merchandise to
his customers at prices he cannot meet,
and he knows very We'll that he is securing
concessions from some railway to enable
him to do this. The railway agent and thu.
shipper who wish to obey the law sit down
| together and look it over What rel1ef is
there for them? They can complain of
their rivals, possibly convict them under
the interstate commerce law and send
| them to the penitentiary, but such action
would bring down upon them the con-
demnation of the pubic. and would ruin
| their business: fO-, L stated before, the
| public does not believe in this severe fea-
| ture of the law, and will not support any
| one who enforces it, The result is, these
men in despair are driven to do just what
| their opponents are doing-thsy become
| laWbreakers themselves. have drawnlno
| fancy picture; it is what is occurring every
day around YOU Boards of trade, COM
| mercial bodies and conventions have re-
peated.y reported on it, and all have come
| to the same conclusion and yet, for some
| ineXplicable reason, congress has failed to
| act
There are two changes that should he
| made in this present legislation which
| would aid in creating better condition Of
| affairs than exists to-day. First. the tenth
section. or imprisonment clause, should be
! stricken out and new law should be en-
acted imposing a fine of, say, 5000 upon
| the offending corporations: make each and
every contract or bill Of lading a separate
| offense. Leave out the shipper altogether;
| you want his testimony. If he cheats by
undertaking false invoices, he should be
| punished. but his attempt to secure a lower
| rate than his rival should not be indctable,
| as you then prevent getting testimony
| which you need. With this amendment put
| into law every railway official will be in
terested in prosecuting his rival for any
| violation of the law.
To-day you cannot get any help that
way, because no one is going to try to send
| his competitor to prison. Public senti-
| ment would not support it. and over it all
| is the fear that he himself may have COM
| mitted transgressions which, in turn, will
| be discovered and prosecuted, and punish
| ment inflicted upon himself. But If it a
| case of fine against the corporation, there
would be no hesita ton in these corpora
tons using the entire power which they
! think that some would pay these fines and
go on, but assure you that few fines
| CT 5000 would work wonders in reforming
| railway corporations in their nagement.
| Above all, you will have pubic opinion be-
| hind you, and it will be easy to enforce this
| law. You can get all the testimony you
want; one can refuse to produce his
books. You will at least give those railway
| desire to be law-abiding citizens a fair
| chance to defend themselves.
Second, the law should be amended so
| that railway corporations can contract
| with each other for the maintenance of
rates or the division Of business. and in
| case of failure of either party to keep his
contract allow the other to sue in the
courts and recover DANA ges. This in part
| is what is called pooling, but it is mere than
this. 1t lega1izeS contracts between rail-
| way corporations. 1t may be a contract
| for maintenance of rates with no division
| of business. To-day, If two railway cor
! porations contract that they will maintain
| the same rate between Baltimore and New
fork it is a conspiracy, contrary to public
| policy. and cannot be enforced in the
| courts. This is an old law which is not
adapted to modern business methods. 1t
grew up to protect the pubic in old times,
but it is no longer necessary, and should be
changed to legislation. The right to pool
| as you all know, provides that two or more
| railway corporations can agree to divide
| the business between competing points on
| certain proportions. and the lire that car
| ries more than its share shall pay a certain
| sum as damages for its failure to keep
its contract The objection to alloWin this
/ has been that excessive rates might be
| charged. To protect the public in this mat
| ter, enact into law that upon the comp. aint
of any citizen such rates SHAH be subject to
| review by the intersta te commerce commits
! sion, and in case they shall find that they
| are excessive they shall at once be re-
| duced to the basis fixed by the interstate
| ment shall be ended
"An Of US who have any interest in our
country, who desire its prosperity. are in
| terested in the solution of this great cues
| ton. 1t IS not time for the demagogue TO
| howl about corporations 1t is not a time
to talk about the wrorgdoings of railway
| managers There are always some. in any
! business, who will not do right. and there
| always will be, but the great mass of rai.-
| way managers to-day, assure you, are
| as honestly seeking solution of this ques-
| ton as are you or any member of the leg
] isIative body. believe 1 voice the belief OF
| a very large majority of them that the two
| provisions have mentioned are necessary
and will lead TO the settlement Of this ques-
tion- If this body will join and heartily in
dorse this course and work for it. its ac-
| complishment can be attained We have
unwittingly in this country applied to rail-
way laws that it was never intended should
| be applied to transportation companies OF
| this nature. We have gone back and taken
decisions that were wise a hundred yea rs
| ago, when civilization was in its infancy