Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1898-06-03

HON. NJ. D. INGALLS,, PRESIDENT OF
THE BIG FOUR"
commissions of the different states. 1t is
a body that is supposed to stand as an
arbiter between railroads and the people.
as friend of both: body that ought TO
and does have great influence. and espe-
cialy in reference TO legislation regard
ing railroads. If this audience fshould
agree upon any legislation in that respect
that was needed, presume there. would
be no difficulty in inducing yonder con-
gress to enact 1t into law, and believing as
l do that 1t is essential to the public in
terest to secure legislation, i am pleased
to have this opportunity of presenting my
views and endeavoring to enlist you in
the reforms which / think are so vital
We have reached a crisis in railway man
agement when something must be done
If we would avoid disaster. not alone to
the railways, but to the material inter-
ests of our country.
For 30 years 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 1887 in the enact
nient of the interstate commerce law, and
since then there has been hardly a day
when some provision of that law was not
under consideration by the courts or by
congress. until now we may state it 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 a fair return upon
their cost. i.s
Railway managers had accepted the
situation, and were endeavoring to obey
the interstate commerce law and adapt
their management to it when in March,
1897 1 decision was rendered by the SUI
preme court which produced chaos and
destroyed all agreements. 1t was prac-
tically that the Sherman antitrust law,
So Chilled, which 1t had not been supposed
applied to railways, did apply to them,
by the cqurt.it 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 conbated by. the railways and it
may be modified by the courts.
1T is WELL perhaps. that we should
look the situation fairly in the face, and
while l do not care to be an alarm1st,
feel bound TO describe plainly to you the
condition today, so that you may under
stand the necessity .foE; action. Never in
the history of railways have tariffs been
so little respected as today. Private ar
rangements 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 frefghts of the
country is being carried at prices far be-
low cost. Other than the maintenance OF
tariffs 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 a way
can be found by which tariffs can be
maintained and the practice of secret re-
bates and private contracts discontinued.
the future will have great promise for
railway investors, railway employees and
the public generally. And here wish to
say that this is not a question which
concerns railway investors alone. If 1t
was, you might say. let them fight X
out 1t concerns oyer and above every
one else. the great public. One-ffth of
our people are interested directly in
railways. either as employees or employees
of manufactures that are engaged in fur
nishing supplies TO the railways Can
any hody polite prosper IL ioiie-fifth of
its number IS engaged in a business that
ls losing money? The railways serve the
public in so many ways that the!r pros
rsrhy Is closely lrterwoyeA with the