The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1898-05-17

to their agreements to maintain tariffs |
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 it, 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 |
world, so far as traffic agreements are con- |
cerned
lone 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 Clause was put in as an
amendment to the interstate commerce
law, and I believe the commission and |
everyone who has watched its workings
will agree with me that 1t has been fail
ure: more than a failure, that it has caused |
perhaps more decentralization than any,
thing else The public has not believed in
it; it has been impossible to secure convic-
ton; it has prevented the railway Of
fetal who desired to be honest from COM
planning of his competitor whom he thought
was dishonest In fact, it has been what
every law is that Is not supported by pub
lie sentimental failure. What, in fact, IS
the manner of conducting business to-day?
The railway official WAC desires to be hon
est and law-abidng 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 management of loss or
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 the
shipper who wish to obey the law sit down
together and look it over. What relief 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 public. and would ruin
their business; fo-, as 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 III despair are driven to do just what
their opponents are doing-they become
lawbreakers themselves. have drawn no
fancy picture; it is what is occurring every
day around you. Boards of trade, COM
mercial bodies and conventions have re-
peatediy 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 a better condition or
affairs than exists to-day. First, the tenth
section, or imprisonment clause, should be
stricken out and a new law should be en-
acted imposing a fine Of say, $1,000 upon
the offending corporation; make each and
every contract or bill Of lading separate
offense. Leave out the shipper altogether;
you want his testimony. If he cheats by
underbilling or false invoices, he should be
punished, but his attempt to secure lower
rate than his rival should not be indictable,
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 was
case of fine against the corporation, there
would be no hesitation in these corpora
lions using the entire power which they
have TO convict wrongdoing. You may
think that Some would pay these fines and
go on, but 1 assure you that few fines
of S., 600 would work wonders in reforming
railway corporations in their management.
Above all, you will have public opinion be-
hind you, and it will be easy to enforce this
! law. You can get all the testimony you
want; no one can refuse to produce his
/
| officials and those shippers who sincerely
desire to be law-abiding citizens a fair
chance 10 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 more than
! this. 1t legaliZes 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
! York 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 il is no longer necessary, and should be
! changed to legislation The right to pool,
| 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 thct car
| ries more than its share shall pay a certain
sum as damages for its failure to keep
its contract. The objection to allowing this
| has been that excessive rates might be
charged. To protect the public in this mat
! ter, enact into law that upon the complaint
| Of any citizen such rates shall be subject to
| review by the interstate 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
commerce commission, or else the agree
ment shall be ended.
AL of us who have any interest in our
country, who desire its prosperity. are in
terested in the solution Of this great ques-
ton. 1t IS not time for the dema gogue to
howl about corporations 1t is not a time
to talk about the wrongdoings 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 rail-
way managers to-day, L assure you, are
as honestly seeking a solution of this ques-
ton as are you OF any member of the leg
iSLatiye body. I believe 1 voice the belief OF
a very large majority of them that the two
provisions I have mentioned are necessary
and will ,ead to the settlement Of this ques-
ton. If this body will join and heartily in
dorse this course ard work for it, its ac-
complishment can be attained. We have
unwittingly in this country applied to rail