Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1905-05-26

was resented both by the traders anC
by parliament, and loss varying from
10000 TO 100000 per snnum wa:
incurred by many companies. The re
sentiment of the public to the ut
tempted Increase in certain rates found
| its outcome in another commission be
ing appointed by parliament and the in
| PRODUCTION of the act of 1894, which
gave traders who felt aggrieved by an
increased rate an opportunity of apply.
ing to the railroad commissioners
against the enforcement of such n rate
and placed the onus of proving the in
crease reasonable upon the shoulders
of the railroad company.
''There is no doubt. in my opinion. that
this act OF 1894 is inimical to the best
interest of the trader and the railway
alike. A man with true commercial
Instinct will always be ready to con-
slider the question of reducing prices
with view to securing increased bust
ness, but he will always hesitate to re-
duce prices If he knows that should he
desire to restore them he will have to
convince a not altogether favorable
tribunal Of their reasonableness.
1T will thus be seen that the British
railway companies have always been
subject to maximum rates fixed by
parliament, and from my point of view,
provided such maXima are in them
selves reasonable, they form a proper
protection to the public and one which
the public is quite entitled to ask for
But this is altogether different from
en- attempt on the part Of government
to fix an actual rate. In all cases
which have gone before the railroad
commissioners in which undue prefer
ence to one trader over another has
been urged the judgment of the COM
missioners has been not that such and
such figure should be charged. but
that the preference should be abated.
This would leave a railway company
free either TO increase the rate charged
to A or decrease the sum charged to b.
and provided the preference was, thus
abated the railroad commissioners have
been satisfied
Samuel Spencer, president OF the
Southern railroad. said recently:
"There is no substantial basis for the
view so often expressed that the rail-
ways are opposing legislation reason
ably and equitably protective of their
inf No hot 80 h..
1t is not practicable to say at this time
what the exact provisions of such leg
islation should be. This in fairness
should depend upon existing conditions
and needs, which ought to be carefully
and exactly ascertained and not as
sumed. These conditions and needs
are now the subject matter of diligent
inquiry by committee of the senate.
Final opinion and the formulation of |
legislation based thereon should be left |
until this inquiry shall have been com
pleted.
THAT the railways have considered |
that the legislation thus far suggested |
Is not duly protective of their interest |
Is undoubtedly true. Those interests
cannot be equitably protected If de-
rision Is to be made and become eff
lecfiv5 upon the purely judicial ques-
lion OF the reasonableness and unrea-
of rate without strictly |
judicial procedure; they cannot be
equally protected IL one class Of car
-iers is subjected to the provisions Of
lte. tor Ns1, al. /
FOR the same traffic shall be exempt.
The carriers interest cannot be fairly
protected, and the commerce of the
country must be injured by statutes
which provide that a rate of transpor-
.ation once fixed by any authority
hall remain perpetually in force there
litter until changed by commission or
,y court
, There is no division of opinion as
o the desirability of stopping all secret
IT unjustly discriminatory devices and
of whatsoever character, but
here Is n just and reasonable claim
lpon the part of the carriers that II
wills in transportation are to be sub
eet of further legislation those evils
hould be distinctly defined, that there
hould be fair and exhaustive dis
.ussion as to how those evils can best
,e reached and remedied and that in
he interest Of the commerce of the
ountry, which Is so indlssolubly linked
With transportation. as well as in jus;
ice to the carriers and their owners.
legal restrictions and bur-
lens should be avoided. which, while
ertainly harmful to those great inter
SITS. will not aid in correcting the :
wills"