The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-28

from court to court on appeals by the
railway company and was finally de-
preme court Of the United States just
five years after the first trial. The,
amount involved was exactly 43 cents. /
%EWhen we consider that the whole +
vast revenues of railways are collected T
in petty amounts varying from Is cents
to practically $50 or $50, rarely more
than 500, it will be readily seen that no
have enough at stake to justify con-
test with a railway company. I
HALLWAY transportation enters into !
and becomes a part of everything. It
is paid for, not by the shippers or re-,
ceivers, but by the consumers, without
knowing when and how much is paid.
When one buys food or clothing he pays
a theater ticket, employees a doctor, a
Transportation. In short it perm Gates:
everything, and. like the air we breathe,
no one can refuse railway transporta-3
ton and live. /
nutshell. the railway companies have
an absolute monopoly in it's production,
and under the law fix the price upon
that which they alone can produce and
which every living man must consume,
and the law makes it a misdemeanor
for the G eonsnmer to kick. Is this al
"Theodore Roosevelt says it IS not a.
square deal. Governor Cummins, who;
is here tonight, says it is not a square,
deal, and every fair-minded man will
say It is not square deal. IL
1t IS wrong in principle. but as long
as there are many competitive railways
it is of little practical Importance, be-
cause unreasonable rates cannot BE en-
| Knit in two NV
in ten years, there will be few. if any,
competitive railways, and it therefore
becomes important, while we can, to es-
tablish the correct principle in the law,
because when all the railways of the
country are brought under one control,
power to reward and punish sub
serviency, on the part of:.all occupa-
tions. and having an unlimited waller
dog fund, the ability of the then con
gress to establish the correct principle
may well be doubted.' i
In his stand for rate legislation, said
Mr.. Stickney, President: Roosevelt has
shown that he possesses the great fun
sity for the square deal. After quot
ing the president 8 message on the sub
ject, Mr.. Stickney said:
Arbitration Means 'ssquare Deal.''
elf this recommendation of the pres
| ident, in connection with the present
! provisions of the law, be analysed, it
amounts to this:, -, . '-.. i. ~ j.: ,
."That the railway companies may
make, the rates, but: whenever. a. con.
! troversy shall arise as to their reason
: ableness and justin ss, this dispute shall
be submitted for arbitration to a. dis;
r interested, permanent arbitration com
{ mission appointed by law. subject. to
J judicial review. - -, ~.
| '"The president, therefore, offers the
9 principle of arbitration, and the ,prin
ciple Of arbitration is square deal
!, If the details are worked out on intel
: ligent lines, it would result in as nearly
: practical justice as is possible in human
affairs. -"
Gin working out the details of sucI
l which says: All rates shall be reason
e able and just, and that every unjust
J.. and unreasonable rate is prohibited ant
/ declared to be unlawful should b
J. construed to mean just what it says.
, "The language is now construed II
Q mean that if any rate is found to b.
. too high to be reasonable and just, i
+ must be reduced by the law. Butaif
q on. the other hand, one railway compa
n ward a particular industry, or to sac
e complish the purpose Of the unlawful
e rebate by issuing midnight tariff,
o or otherwise makes a rate too low t
be reasonable and just to the railwa.
l. companies, which: rate all other com
e panies, from the nature of%the business
e are compelled to- accept such a rat
Is cannot be increased by law
le ]" Such an unnatural construction 0
"a q in a no a(rn of oh 10
n, not square deal. The law, to be just
er should be just to the railways as we!
as to the; people. AS Mr.. Roosevelt
y often says: z;%r
It "'A square deal is square dea
it exactly as much a square deal for til
lie rich man as for the poor man, but n
", more. Let each stand on his merit
ot receiving what is due him and be judge
by his deserts TO more he'is not e.
to titled, and less he shall not have.'
rs IF, therefore,, the law is to t
Is, amended on the basis of a square @dea
the arbitration = commissions must
n given authority to decide as to the re-
IN sonableness Of rates between the raj
a ways and the people; must have autho
ity to raise rates which are 1lnreaso,
gs ably low as well as to? lower rates thu
's- symmetrical and just rates be obtaine
n, which shall give to every localityasar
ty every industry ifs duea.'' -
"In no other way can discrimin;
is ton be prevented, as many of the wor
W, cases Of such discrimination are Or
- duced by one railway making rates
the manner which has been stated, Fl
no other purpose than to give an a
at vantage by discrimination, whit
ay rates, in the nature Of the business, q
It other companies are compelled
N adopt. This practice must be stoppt
tie or the whole scheme of the law to Or
or vent discrimination will fall.
IN ~ Should Be Judicial Body.
te' Experience has proven that
10 commission can be 8 disinterest
board Of arbitrator while at the sa1
as as time it is engaged in the prosecution
an the case at bar. Hence, if the recol
ole mendation Of the president is adopte
"a, al the arbitration commission, viii
81 should be appointed for the purpose
I'll arbitrating disputes in respect to rate
a. should not be charged with the exec
. tive duty Of enforcing the provisio
Of the law, or of their own decisions.
"The men appointed members of
= commission should be men of the hig
8 est capacity and of the strictest int
rity, appointed for these merits a
not for the purpose Of rewarding
litical services. The position of lar
ct tration commissioner should be ma