The Montgomery advertiser., 1905-05-07
fIOl. RnnselI Talks.


 Col. E. L. Russell of the general counsel of the Mobile and Ohio rail- way at Mobile, has been spending some days in Washington with his two daughters. Col Russell has had this to say about railway rate regulations and the law as it at present applies. "The principal objects of the Inter state Commerce act were to secure just and reasonable charges for transporta- tion, to prohibit unjust discrimination of like service under similar circum- stances and conditions, to prevent un- due or unreasonable preferences to persons, corporations, or To- calities; to inhibit greater com pensation for shorter than for a longer distance over the same line un- der like conditions, and to abolish competition for the pooling of freights and the consequent destruction of com petition; also to prohibit and punish the granting of rebates to favored shippers. and the discrimination by any railroad against particular loca- tioE on its line, and in favor of others
 The law also provides that any per son knowingly and wilfully. by false billing, false classification, false writ ing. false representation of the con tents of the package, or false report of writ. with or without the consent of connivance of the carrier so obtained for the transportation of such property at less than regularly established rates. shall be deemed guilty of fraud and shall be subject for each offense to fine not exceeding $5.OOO. It also prohibits making special rates for some shippers when they are withheld from others, 1t is the favoritism, the nequality-eXibited in dealing with in- dividuals that has made the trouble, for the government to undertake the fixing of railroad rates upon uniform basis without taking into consideration the different conditions which govern different roads and different terminals would work great injustice upon those that possess special advantages"
 ITO demand the same rate for the same weight or quantity for the same distance on all roads regardless of any conditions, would establish inequality of compensation, without respect to the work done. Railways hauling on a level would have to be paid as much as roads carrying over mountains for the same distance, when the level roads could do the same work more cheaplY If. however. the roads over mountain were put on a standard with level roads. the mountGi1 road would be driven to work for a loss. In other cases there would be serious injustice.
 Tt may be said that the commerce commission would be left to its dis erection in such cases but there can be no discretion when the law makes a direct command that is mandatory Then all rates would have to be meas ured by the same yard-stick. and there could be no equality but only injustice in equality of operation. A decision of this question demands of congress its most serious consideration. Any other way that 1t may be decided will affect larger and more varied interest than any other question now pending before this body of the American people, with mileage of more than two hundred thousand miles. reaching every set tied community within the limits of the United States. supplying the wants and Iransportatlng the products of eighty-five million of people, some of the roads relying entirely upon through freight and depending upon the locaZ eroteetion of the territory