The representative. [volume] (St. Paul, Minn.) 1893-1901, 1899-10-19
feelings toward railroads?

In another case the commission ha(
decided, after investigation and trial
| that carriers could not make any great.
er charges on domestic goods OF
freights originating at seaboard points
and thence shipped to the interior by
rail, than the charges at the same time
made for the like service on similar
goods and freights originating in for
eign ports, but the sup - court (in16z
U. s. 1879 overruled. q commission,
and refused to enforf g order.
IT. This is decision me7 at large trusts
like the Sugar trus others of that
sort, can bring thl S ,ods from across
the water and the s se cheaper trans
porta3ion within United States than
the domestic p er has. Or in the
language of Jq Harlan, in his dis
senting opinion, "lt is an unjust dis
crim1nat1on. against shippers and
owners of goods and merchandise origi-
mating in this country and of favorit-
ism to shippers and owners Of goods and
merchandise originating in foreign
countries with the inevitable
result that the goods and products Of
foreign countries, because alone of their
foreign origin and the low rates of
ocean transportation, will be transport
ed inland from the points where they
reach this country at rates so much
lower than is accorded to American
goods and products that the owner of
foreign goods and products may control
the markets Of this country to the seri-
GUS detriment of vast interests that
have grown up here, and in the protec-
tion of which against unjust discrimi-
nation all of our people are deeply con-
cerned."
That these decisions and many others
of similar import have made the inter-
state commerce commission an ineffec-
tive instrument to remedy the evils
which all admit to exist, we find clearly
stated in recent opinion of Justice
Harlan of the United States supreme
court, when he says in a quite recent
case Interstate Commerce Commission
VS.. Alabama Midland Railway Co., de-
cided Nov. 8. 1870.
Taken in connection with other de-
cisions defining the powers of the inter-
state commerce commission, the pres
ent decision, 1t seems to me, goes too
far to make that commission a useless
body for all practical purposes, and to
defeat many. of the important objects
designed to be accomplished by the
various enactments of congress relating
to interstate commerce. The commits
sion was established to protect the pub
lie against the improper practices of
transportation companies engaged in
commerce among the several states. It
has been left, it is true, with power to
make reports and issue protests. But it
has been shorn, by judicial interpreter
tion of authority to do anything of an
effective character. It is denied many
of the powers which, in my Judgment,
were intended to be conferred upon it.
Besides, the acts of congress are now so
construed as to place communities on
the lines of interstate commerce at the
mercy of competing railroad companies
engaged in such commerce"
Now note the following language,
which l take verbatim from the COM
missioners' report, for 1t clearly admits
that despite all the actions of state
legislatures and congress, that railroads
today are still persisting in making
secret rates and Determinations in fav-
or of large capital and combinations
and to the ruin of small dealers. And
these sentences explain one of the vital
reasons for the era of combinations and
trusts which the business of this coun-
try, in nearly all it's commodities, has
now entered upon. The commission
ers' report says:
Meanwhile the situation has become
intolerable, both from the standpoint
of the public and the carriers Tariffs
are disregarded, determinations con-
stantly occur; the price at which trans
portation can be obtained is fluctuating
and uncertain. Railroad managers are
distrustful of each other, and shippers
all the while in doubt as to the rates
secured by their competitors. Enor-
nous sums are spent in, purchasing
business, and secret rates accorded far
below the standard of published
charges. The general public gets lit
tie benefit from these reductions, for
are mainly confined to the
heavier shippers. All this augments
the advantage of large capital and
tends to the injury and often the ruin
Of smaller dealers. A large part of the
railway business is now transacted upon
illegal rates, and, in certain quarters,
charging the published rate is the ex-
ception. The results are gross discrim-
nations between individuals and gross
preferences between localities, which
almost always favor the strong and op-
press the weak. There is probably no
one thing today which does SO much to
force out the small operator, and to
build up those trusts and monopolies
against which law and public opinion
alike beat in vain, as discrimination in
freight rates."
The commissioners should at least be
for their honesty In max
ing this open confession, for it plainly
advises the public Of its danger.