The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1899-05-19
Says That the Formation of Combines
Threatens tho Independence Of the
Individual-After tho Interstate Com
merce Act Repealers.

'"S "ohluB Ol pools DetWeen railroads.,
on the ground that they are unable to
avoid discrimination for or against
Shippers or localities without permits
sion. To admit such a condition of
things Is to admit that they are un-
able to maintain their own contracts
with each other. If the Interstate
Commerce law, which now forbids I'M
der strong penalties all discrimina-
tons, is not strong enough to compel
these gentlemen to observe its condi-
tons, l do not see how the discrim-
nation can be avoided by enacting a
law to permit pooling.
IN the first place, a pool is an in
reference with the free, unrestrained
and natural conditions Of trade. 1t
IS made to allow a division of traffic,
so as to avoid a reduction Of rates. 1
DO not understand how the public can
suHer by a reduction in rates of trans
portatlon, neither can I see how the
legal authorization of pools will pre-
vent determinations in favor of ship
pers or of localities. The present
penalty of Imprisonment Of the officer
or company granting such rebate, or
the party receiving the same, is so
heavy that it is difficult, I may say
impossible, to secure the evidence to
convict either of the offenders. If,
however, the Imprisonment penalty
was changed into a fine of from two
to ten thousand dollars, to be collected
from the railway and the party receiv-
Ing the rebate, one-half the sum going
to the person who furnished the in
formation for conviction, it would do
more to prevent this discrimination
h all the laws heretofore passed.
There is no relief afforded the public
through the interstate law that is not
provided for under the conditions Of
the common law. The Interstate Com
mission cannot make a rate, and they
should not be permitted to exercise
this authority. Their greatest use will
always be an advisory board, or as
witnesses in behalf Of the public. II
the five men constituting the commits
sion were allowed to make rates, they
would exercise more power than n
other five men in the world. 1 am
sure that you will agree with me that
1t would never answer for the Inter-
state Commerce Commission to he
prosecuting attorney, witness, grand
Jury and presiding Judge all in the
same case. ~ a,s-a. ~
The past year has been an unusual
one in the history of this country. The
number of trusts and combinations
which have been made and are ap-
parently accepted or tolerated much
greater than in any former year. The
amount of authorized capital in such
institutions is simply s%tupendous, and
I think that a close Investigation
would show that a large portion of this
capital is entirely fictitious. The peo-
pie, regardless of party, are becoming
highly incensed over these matters,
and in place Of extending pools
through acts of congress legalizing
such conditions, I am sure that the
general sentiment Of the public, high
and low, is decidedly against such pol
Icy.
While my chief interest is in the
Great Northern railway, 1 also repre-
sent some interests in lines east Of
Chicago, and 1 should sincerely regret
the passage of any such legislation,
for l am reasonably certain that, soon
er or later, it will create a public senti-
ment among the people which will re-
suit in wiping off all such legislation
from the statute books Of the nation
or of the states. This country has
had enough ~anti-railroad and anti
monopoly discussions, some of which
were without reason, and most of
which had some reason for such dis
cussion. Now, when the railroads of the
country are rendering better service
than ever before, at lower rates, and
the people are beginning to accept the
fairness of these rates, it seems to me
unwise and unjust to reopen the rail-
way question through legislation that
will be looked upon by the public as
hostile to their interests, and, in that
way, inlame public feeling against
combinations seeking to control inter-
ests which are national in their ex-
tent and formed to control the free
competition of trade. All these mo-
tives are wrong and I hope will not
prevail. l think the representatives
of all our western states realize the
force Of what I have said, and that it
is not necessary for me to enlarge on
the subject. At the same time, l sin
cerely hope that no such legislation
will be permitted to pass.
While the matter of pooling is Of far
reaching Importance, no doubt these
gentlemen will say it is very harm
less. At the same time, l would like
to ask If it is not simply an opening
wedge which would practically result
in turning over the entire rate-making
power to q commission of FIVE men,
who. could then Ak the value of thou
sands Of millions Of property, and
would, in that regard, exercise greater
power ove the commerce and busi-
ness of the country than the car OF
Russia exercises in the Russian m
pire. II these eastern gentlemen are so
anxious to secure a pool, and the pool
could be forever limited to the trunk
lines. I would waive my objections for
the purpose of letting them try it and
see II their agreements would be better
upfer a pool than under a law fixing
the penalty. Of imprisonment, but It
cannot be so localized.
Thanking you for your previous at
IGNITION to this matter, 1 am, yours
very truly.
(Signed) Jas. J. Hill.