The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-12
What Do New York ShareOwners
Say?

The time is arriving when the people
Of the State Of New York, upstate and
| down-StAte, men and women-for women
are large investors in railways-should
decide, and inform their two Senators Of
the decision, whether or not they wish
not merely railway rates, but the entire
physical management OF its interstate
transportation to be taken out Of the
hands of New York, and Of directors
chosen under the laws Of the State. and
placed in the hands Of a national bureau
at Washington.
The conduct Of the campaign for a
change of existing laws begun by the
present Interstate Commerce Commits
sion clearly indicates that its object is
not solely the rates side Of railway man
agement. but the whole area Of service.
The campaign was begun on the aver
ment, now already shown to be false,
that railway shareowners, directors and
managers are supreme over rates, secret
rebates and determinations, because
the laws OF the land are inadequate for
the supervision and effective control Of
the railways in those matters: but it has
already been proved before the Senate
committee and elsewhere that existing
laws are fully adequate, but admins
tration and execution Of them is very
inadequate.
The laws Of New York have, for eK-
ample placed It's railways doing intra-
and extra-State business in the hands OF
the directors, officers agents and per-
sons specified in the Elkins statute Of
Feb. 10, 1903 It has created the cor
poration common carrier which that
El1ins law has made liable to punish
ment by heavy fines, and a misdemeanor
by the corporation if the corporation
shall fail 10 publish and file it's tariffs,
rates and charges, and strictly TO OBJ
serve such tariffs till changed according
TO law It also has punished any direo-
tor officer or agent Of any railway who
shall offer or give any rebate, conces-
sion or discrimination. II also has pun
ished as for a crime any common carrier
and its officers or agents who trans
port freight or passengers between two
points for less than the published rate,
or make any discrimination forbidden by
law. The statutes have already given
70 the Interstate Commerce Commission
expressed power, as follows:
To condemn and order the dlscontlnusncs OF
any unjust discrimination In tahH rates, or any
rates which are unreasonably high, and e Is made
the duty OF the to enforce such orders OF the
commission. unless those orders themselves are
unreasonable. when a circuit court DEGREES the
enforcement Of such an order OF the commission.
the carrier must forthwith comply with the circuit
courts decree. No appeal by the carrier can sus.
pend or postpone the decrees taking erect. unless
the circuit court Itself believes that the ends Of
Justice viii be promoted by suspsnding Ne decree
pending en- appeal, and so ordeH.-
The Elkins law has made II the duty
Of Attorney-General MOODY, and every
other Attoney-General, 20 require the
several District Attorneys, either on his
own initiative or on request OF the Inter-
state Commerce Commission, TO prose-
cute any and all railways, their officers
or agents, II they are believed TO have
violated the foregoing laws. The courts
are required 20 advance the suits and
quickly dispose OF them. The laws
cover all unreasonable rates, every re-
bate and every discrimination.
What more should, or can, Congress
reasonably do?
Everybody realizes that II the COM
mission had absolute power 10 fix rates,
the railways could make secret rebates. /
IL the commission and the Attorney /,
General were not more vigilant than thew
are now said 70 be.
What the commission is now demand /
ing Of Congress Is power 20 hx rates "a
low as possible and escape judicial con-
demnation or oonhsoation when business
is prosperous, and thus imperil the abil- |
ity Of the railway 10 pay dividends, or
possibly interest on its bonds, when in
dustrial depression shall come, az Il has
In years very recently past.
Does the State Of New York want thatY