The herald-advance. (Milbank, S.D.) 1890-1922, 1905-11-03
A SQUARE DEAL
President Stickney of the G. g. W.. Ry. Addresses
the Roosevelt Club at st. Paul on the
Railroad Rate Question.

TO be unlawful for any person or corpora
ton to offer, grant, give, solicit, accept
or receive any rebate, concession or dis
elimination in respect to the tranSporta-
t!on OF any property IN interstate or Tor
ei9n whereby such property
shall by any device be transported at a
less rate than that named in the tariff
published by the carrier, must be en-
forced"
| rave not the honor or pleasure of a
personal acquaintance with Mr.. ROoSe-
welt, but it is well known that he has
never been a MAJ of affairs, and that his
tastes have led him to study history and
literature, rather than practical econom-
les. and, besides, it goes without saying
mat no man can know the details of all
the vast economic affairs of the world.
But although he may be inexperienced in
trade, he seems to possess, in an unusual
degree. the great fundamental principle,
"nIcn makes trade successful in the long
run, the principle of the square deal.
| can imagine that at the time he wrote
his message he knew very little about
the rebate system, but had absorbed from
reading. and from contact with the peo-
pie, "a pretty clear idea of the vicious
ness of the system, and that his love of
a square deal led him to pen the portion
of his message which l have quoted.
| can imagine, further, that after he
had written it his innate honesty of pur-
pose told him it was not a fair deal to
let the railways make their own rates
and compel the people to pay them, right
or wrong. Hence, he added the follow
ing:
while I am of the opinion that at
present it will be undesirable, if it were
not impracticable finally to clothe the
commission with general authority to fix
railroad rates, | do not believe that, as a
fair security to shippers, the commission
should be vested with the power, where a
given rate has been challenged, and
after full hearing found to be unreasona-
BILE, to decide. subject to judicial review,
what shall be a reasonable rate to take
its place; the ruling of the commission to
take effect Immediately, and to obtain
unless and until it is reversed by the
court of review.
steamship companies engaged in in
t~erstate commerce and protected in our
coastwise trade should be held to a strict
observance of the interstate
act"
Offers Arbitration.
! II this recommendation of the presl-
dent. in connection with the present pro-
visions of the law, be analysed, 1t
( amounts to this:
the rates. but whenever a controversy
shall arise as to their reasonableness and
business, this dispute shall be submitted
for arbitration to a disinterested, perma-
nent arbitration commission appointed by
law. subject to judicial review.
The president therefore offers the prin-
ciple of arbitration, and the principle OF
arbitration is a square deal. II the de-
tails are worked out on intelligent lines
it would result in as nearly practical
justice as is possible in human affairs;
III "oi hJilS u thC oCtriA III SUM "
scheme, the language of the law, which
says: "All rates shall be reasonable and
just and that every unjust and unrea-
sonable rate is prohibited and declared TO
be unlawful" should be construed to
mean Just what is says.
The language is now construed to mean
that if any rate is found to be too high
to be reasonable and just. it must be re-
| duced by the law. But if, on the other
hand, one railway company, by reason or
corrupt favoritism toward a particular
industry or ia 1Ppnmn1iSh the DurDDSG of
the unlawful rebate by issuing a mid
night tariff" or otherwise, makes a rate
too low to be reasonable and just to the
railway companies, which rate all other
companies, from the nature of the bust
ness, are compelled to accept, such a rate
| cannot be Increased by law.
Such an unnatural construction of the
plain language of the statute is not a
square deal. The law, to be just, should
be just to the railways as well as to the
people. AS MIR. Roosevelt often says:
"a square deal is a square deal, exact
ly as much a square de. for the rich
man as for the poor man. but no more.
Let e-ch stand on his merits. receiving
what is due to him. and be judged by his
deserts. To more he is not entitled, and
less he shall not have"
If. therefore,, the law is to be amended
on the basis of a square deal, the arbi-
tration commission must be given au-
thority to decide as to the reasonableness
of rates between the railways and the
railway, as well as between the railways
and the people; must have authority to
raise rates which are unreasonably low
as well as to lower rates that are too
high. In no other way can symmetrical
and just rates be obtained which shall
give to every locality and every industry
its dues.
In no other way can discrimination be
prevented, as many of the worst cases of
such discrimination are Produced by one
railway making rates IN the manner
which has been stated, for no other pur-
pose than to give an advantage by dis
elimination, which rates, in the nature
of the business, all other companies are
compelled to adopt. This practice must
be stopped or the whole scheme of the
law to prevent disnri~H'natio"" Ill fail.
Judge and Executioner.
Experience has proven that no commits
sion can be a disinterested board of ar
bitrators while at the same time it is en-
gagged in the prosecution of the case at
bar Hence; # the eeommen dat OF
commission, which should be appointed
for the purpose of arbitrating disputes
IN respect to rates, should not he charged
with the executive duty of enforcing the
provisions of the law, or of their own
decisions.
The men appointed members of the
commission should be men of the highest
capacity and of the s%trictest integrity.
appointed for these merits and not for
the purpose OF regarding political serv-
sioner should be made of as much dig
nifty and their tenure of office be as Sc
cure as justices of the supreme court
VI Tile lIllGu states.
Like justices of the supreme court. their
office should not be subordinate to or
subject to dictation of any other branch
Of the government. and they should hold
their offices during life and good behavior,
removable from office only by impeach-
menI and conviction.
My own Judgment is that. for reasons
stated at considerable length in an add
dress at a meeting of the Washington
Economic society last February. it would
be wiser to clothe a legislative committee
Wit Canny~D ~ n - ~aa1yo thn
schedule rates, but the recommendation
Of the president, with a properly consti-
tuted arbitration commission, would work
out, in the course of years. practically
the same results, and perhaps a gradual
working out of the problem would be
wiser.
Mr.. Chairman, never before has the
American people had a Roosevelt for a
president. Never before has a president,
in season and out of season, in official
documents and from the stump, SO cour-
ageously stood for the square deal Ex-
actly as much a square deal for the rich
man as for the poor man, but no more.
For these qualities the American people