Los Angeles herald., 1906-04-22
A. Sheldon,
New Mexico
RY lionel

New Mexico
II is a, principle of the common law
as old as the year books that the COM
mon carrier is entitled to receive just
and reasonable compensation for his
services. and it is also recognized in
the laws of all civilized nations. 1t is
a principle everywhere and everlast-
ingly right.
In case of differences between shipper
and carrier the common law remedy is
to submit them to the court and jury
for settlement. 1t is remedy SUN
available. At the time Of its adoption
It was practicable and effective and
EtiIl is in many cases. 1t was adopted
when carrying was done by single
vehicle, or a few, and it was not dlffl-
cult to gain a knowledge of all the
facts necessary to be considered In de-
termining what was just and reason
able.
The reasonableness' and justice OF
charge for carrier service depends OH
the capital employed, the cost of oper-
ating and the magnitude of the busl-
ness. 1t is we'll known that increase OF
cost is not proportionate to the IN
crease of traffic. And therefore as the
volume of business becomes greater
the rates should be less. When man
runs a stage coach between two points
and his patronage is limited to one
passenger a trip he may righttully
charge more per capita than If he car
ried a half-dozen or more. In railroad
TRANSFORMATION the increase of freights
or passengers requires no more en-
ployes, except freight handlers, unless
it is so great as to require addltlonai
trains or so many more cars as to re-
uuire additional brakemen. A train oi
empty cars costs only Is per cent less
for fuel than a loaded train.
Since transportation by rail has be-
come so enormous and complicated IT
details the common law remedy of tria
by court and jury has become imprac-
tfcable, the reaching of a just conclus'
ion is quite impossible. The proofs oi
the amount of capital invested in
railroad, the cost of operating, the vol
ume of business and the net revenue
are all in the homes of the railroads
and experience demonstrates that theil
accounts and the proofs they may ot
willing to furnish should be received
with suspicion. 1t is the practice OF
railroads to litigate to the extremity
and all must realize that the mass Of
shippers cannot afford to go to law
with a railroad on account of theil
limited means, or because the amoun
is too small to justify the expense.
Were this not the case, no jury OF
earth would be able to figure out how
much a single shipment should con
tribute to operating expenses and to
just income to the capital invested
Such solution is a mathematical I'M
possibility, for the number of shipments
in a year runs into the millions. Th
most experienced and expert traffic of
GERS never attempt to solve such
problem. The human mind has not ye
become sufficiently developed to worl
out just result. The trial Of such
question would consume more than al
ordinary term of court, and probably
time greater than that allotted to tn
average of human life The small ship
jers are they who suffer most.
The traffic officers figure out tn
probable cost of operating the road o
system. how much is required to NEE
fixed charges, and a desired dividen'
on the stock. They estimate the traff
of various kinds and distribute rate
so as to produce the revenue requiret
without considering the value of tn
services rendered to particular ship
pers, obtaining satisfactory revenues
the controlling consideration.
The ideas of traffic officers ar
Machiavellian. Their employment de
pends on how much they may enabl
their roads to take from patrons with
out too much claims from the public
The duties of traffic managers ar
like those of Russian diplomatists. Th
tricks they have devised would excit
the admiration of Tallyroad or
Metternick. Railway traffic officer
are paid in accordance with their ski
in overreaching competitors and il
extracting from the public.
Corporation in these days is tn
favorite agency through which man
kinds of business, especially the large
kinds. is conducted, mostly because
relieves from individual liability, bu
more especially for the reason that
is held to be a release from norma
responsibility. That a corporation ha
no soul was declared by Lord COX
centuries ago in the decision of cas-
before him. Men serving a corpora
tion are apt to think that they are nc
morally guilty when they do wron
under corporation authority.
Thence 1t is conceived that the mos
practicable and efficient way to assur
just and reasonable railroad rates
TO appoint public officers, who shall dc
vote their time, as traffic officers d,
to the study of the rate question.
the end that the public interests sha
he subserved without doing injustit
TO those whose money is invested
railroads