The sun., 1904-08-07
Deadhe ca ds and Excursionists

In the following communication the
chairman of the Railroad and Trans
portation Committee of the National
Wholesale Lumber Dealers Association
asks us an interesting question, which
we shall try to answer:
ITO THE EDITOR OF THE SUN-Sfr: In your issue
Of this morning you publish an editorial under tho
heading What Is This, Mr.. SHAWL In this edi-
toral you argue that the Pennsylvania Railroad
Company Is violating the Interstate Commerce law
when IL grants Mr.. SHAw's request TO carry with
out charge tho foreign delegates to the arbitration
conference soon 10 be held at ST. Louis. A careful
perusai Of this article seems to show concusively
that your reasoning is strictly sound.
ON the second page Of the same paper there
appears an advertisement in which the Psnnsyl.
vania Railrosd Company advertses that on Sum
day. Aug. I, 1t will run q special train from New
York to Atlantic City, N. j. the fare on which train
will be about one half OF the faro 1t appears In the
published tarin.
Nay ask your consideration Of this advertise
ment, and TO lot your readers know whether tho
Pennsylvania Railroad Company Is not violating
the Interstate Commerce law Just as much by run
ming an excursion train from New York to Atlantic
City on which tho fare Is less than the published
tarin and BY doing which they discriminate against
those who may wish to 60 from New Yorkto Allan
ito City on some other day on some other train,
as II does when It transports free Of charge
the guests OF tho United States Government; and
II the Interstate Commerce law Is worded that
these two acts Illegal. Is II not time that the act
was amended so that the transportation companies
may be FREQ, under proper supervision by the Gov
ernment, 70 conduct their business In such way
as that they may do reasonable and proper things
without the risk of violating the lswt
-R. ". HIoBIs.
NEW YORK, Aug. 81
In our opinion, the cas-, Of the gratui-
tous transportation of ths Governments
guests, at Secretary SBAw's special re-
quest, and the case of the Pennsylvania
Railroad excursion to Atlantic City,
with reduction of fare from the regular
schedules, do not belong in the same
category.
Wehave been unable to discover in tho
statutes any warrant oflegalty for Secre-
tary SHAws enterprise, unless it be as
sumed that the three hundred foreign
friends OF arbitration are the property
Of the United States Government and
go West as freight, or that they are des-
titute and homeless persons transported
by charitable society.
But il Mr.. HIGBIE refers to Section
20 Of the amendment Of March ?, 1889,
to the Interstate Commerce Act Of Feb.
4, 1887, he will find this provision:
THAT nothing in this act shall prevent : -
the Issuance Of mileage. excursion commutation
passenger tickets"
We did not quote this exception along
with the others, because it does not seem
to have any connection with the dead
heading OF Government guests to st.
Louis at the request of Cabinet officer.
The section is clumsily written, but We
have no doubt that the foregoing clause
was intended to permit the reduction of
the published rates in case like that of
the excursion which the Pennsylvania
Railroad Company advertises for to-day.
The essence of discrimination is absent,
inasmuch as the reduced excursion rate
Is available for all who apply.
With our correspondents general con-
clusion We heartily agree. Transport
alton companies ought to be free to
conduct their business under conditions
enabling them to do reasonable and
proper things without the risk Of vio-
lating the letter Of confused, confusing
and sleazy piece Of legislation.