Daily capital journal. (Salem, Oregon) 1903-1919, 1904-03-19
CAR SHORTAGE
(oregon Law sehool Journall

(OregOn Law school JOurnal)
The failure to furnish a sufficient
number Of cars to carry freight Of
fered. and the putting into force OF
discriminating or prejudlclal rates are
doing a great injustice to many indls-
tries OF the willamette Valley. All
we'll managed railroads that are en-.
gagged alone in the railroad business.
as they should be- adopt a liberal
policy toward the public and encour.
ago Industries along their lines In.
stead OF strangling them Here the
farmer and other shippers are often
unreasonably delayed In the season,
able shipment OF their products
whereby loss Is frequently incurred.
Timber and lumber industries which
have grown profitable TO many per.
sons engaged therein, as well as the
people in general, are now paralized,
The saw-mills are shut down and
many thousand laborers are thrown
out OF employment This evil must
be overcome and II matters not
whether II Is caused through over.
sight. neglect or desire 10 favor a
particular locality or interest over an.
other, or whether the road is only a
side Issue and branch only to a
main line. or because there Is freight
but one way, and the companies seek
20 avoid hauling back empty cars,
except Go partially appease shippers
who make very loud and vigorous pro
tests. or they have interests in par.
tloular lumber mills or other private
interests Inconsistent with their pub
lie duty as common carriers, or
whother they are interested In or con
trolled by a timber, lumber OF other
trust that seeks to destroy all other
Interests. or whether Il is from some
other cause
The press, the grange and CONNER
cial bodies are now making earnest
protests 70 tranc managers against
the present conditions. and Il yet re
mains TO be seen whether or not 4,
lies within the power of these rail-
road officials 10 bring about relief II
they fail, then it win be proper 60
exert the power OF the state to crush
this monopoly. Railroads. acting as
common carriers, are servants OF the
people, and In this capacity they are
intrusted by the state with the per
formance OF a public duty aud Il Il
within the power OF the people 10
regulate and control thom 80 that they
viii be compelled 60 faithfully and i'm
partially perform that duty IA the In.
terest OF the whole public II they
are now masters OF the people. rather
than public servants Il Is the duty
Of the, state 20 adopt such means as
win eon0ue them within their proper
sphere There Is no statute in our
state regulating this subject, but IA
many Of the states appropriate legis.
lation has been had 10 cover this evil.
We especially call attention to the
laws Of Texas Illinois. Minnesota and
Wisconsin which regulate this mat.
ter In their respective states
The common law a. applied by an,
alogy 20 this subject appears 70 Do
as follows h is the duty OF railroads
% hlFnish ears 20 accommodate the pub
he business and 10 promptly carry all
freight offered. and Il Is usually no OK,
cuse that they DO not have SUFFICIENT
cars, for Il Is within their power 10
set them Acts of pnblie enemies
unavoidable accidents strikes unasa
Al and extraordinary and Temporary
occasions which could not be reason
ably forueen. and several ether causes