The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1905-11-09
A SQUARE DEAL
President S~tickney of the c. q. 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
ton of any property in interstate or for
eign commerce whereby such property
shall by any device be transported at q
less rate than that named in the tariff
published by the carrier, must be en-
forced"
ave not the honor or pleasure of q
personal acquaintance with Mr.. Roose-
never been a man of affairs, and that his
tastes have led him to study history and
literature, rather than practical econom-
that no man can know the details Of ali
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.
winch makes trade successful in the long
run, the principle of the square deal.
| can imagine that at the time he wrote
the rebate system, but had absorbed from
reading, and from contact with the peo-
pie, a pretty clear idea of the vicious.
a square deal led him to pen the portion
of his message which I have quoted.
1 can imagine, further, that after he
had written it his innate honesty OF pur-
let the railways make their own rates
and compel the people to pay them, right
or wrong. Hence, he added the follow
While am of the opinion that at
not impracticable finally to clothe the
commission with general authority to fix
railroad rates, l do not believe that, as a
fair security to shippers, the commission
should be vested with the power. where q
after fun 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
70 k nffnnf r1rnnliotnlyy md nhfaIn
unless and until it is reversed by the
court of review.
steamship companies engaged in in
~terstate and protected in our
coastwise trade should be held to a strict
Observance Of the interstate
act"
Offers Arbitration.
II this Recommendation of the presi-
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 q disinterested, perma-
ncnt 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 WOTkl1S OUT lu6 "DETAILS VI SuCl d
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 of
corrupt favoritism toward a particular
the unlawful rebate by issuing a mid
night tariff" or otherwise, makes a rate
too low to be reasonable and just to the
railway comnanies. which rate all other
comnanies. 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
SQUARE deal. The law. to be just, should
be lust to the railways as well as to the
people. AS Mr.. Roosevelt often says:
ly as much a square deal for the rich
man as for the poor man. but no more.
Let each stand on his merits, receiving
what is due to him. and be judged by his
deserts. TO more lie 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-
thority to decide as to the reasonableness
of rates between the railways and the
railway, as we'll as between the railways
ana the people, IluSt nave dulliOlity "
raise rates which are unreasonably low
as we'll 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 d~iscriminations will fail.
udE and Ex~ecutiOnef.
Experience has proven that no commits.
sion can be a disinterested board Of ar
| bitrators while at the same time, 1t Is en-
/ gagged in the prosecution Of the case at
bar. Hence. If the recommendation OF
! the president is adopted, the arbitration
commission, which should be appointed
I for the purpose of a~rbitrating disputes
in respect to rates, should not be 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 strictest integrity,
appointed for these merits and not for
icas INha nosition IF arhitraffon conmfs-