New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-13

examinations between individuals. between coy
p 3fasions or between corporation and an lndi-
f rate anaa another for the performance OF precisely
monty known in this country as rebates and in
insane as undue preferences" very large
Ga Of all The grievances alleged under this
and if possible finally root out t the 'i undoubted
evils which exist IN and which have been caused
they should be SO far as possible extirpsted both
sW no SRd 70 pS ine Of law
This general agreement: both TO the existence
ing stands much in the way of intelligent egis-
at h as me prevalent confusion Of mind as to
what precisely these personal determinations
and the consequent failure distinguish them from
of ten, when have talked with any one who
was very eager Tor general railroad legislation and
found that the special grievance complained of was
a failure to distinguish between the two kinds Of
discrimination draws with it inevitably cores
FOR the two kinds Of discrimination must totally
ence which apply in one case have no application
law against rebates would have and can have no
effect either on excessive charges upon discrmi-
apparently is very far from being. equally obvious
ordinations between localities would have no
effect Whatever In stopping rebates or personal
rebate personal discrimination is the inequality
Of charge to individual users of the railroad for
may be excessive and yet equal; II may be dis
lime perectly equal to ali individuals or CORPORA
tions; but the rebate; which favors one man as
service must be unjust and as IT is usually
secret and sometimes corrupt
WHAT REBATES CONSIST OF.
The personal Discrimination rebate SOnsists
firm or corporation lower rate than that estab-
firms individuals or corporations for rendering the
service. A rebate. personal discrimination.
evasion-of a fixed rate Therefore fixing a rate.
Whether The Saon Is done b oX ha me e
is remedy whatever for an offence which cannot
10 be evaded II We had no law as 10 railroad
rates upon the statute books the passage Of a law
or eWen simpe distanna ratas Would have no ef,
Set whafeyapr ,nny M, End ereo1ai SfsrTim
nations They could go on in secret Just the same anne
AS ii happens. we have a stringent law recently
passed against rebates. That law fxes a rate by
making the published rate whatever II may be, me
y rSIoaS s e b G d a has
iVtons ~ the fact that tbey f6ereby admit that
by government fails 10 achieve the desired result
fixing another In another way will not do II, for
the essence OF the discrimination is in the evasion.
not Of one particular fixed rate. but Of any rate
government rate making is not, and in the nature
OF itself for personal discrimination or rebates:
come now TO those cases Of complaint included
in the second class under the head of excessive
rates. In this direction the complaints the
them in the United States than anywhere else.
That there occasional instances of excessive
rates no one will deny, but there are exceptions
which the existence OF the rule. and the rule
is that American freight rates a whole are the
lowest in the world. 1t may, l think be safely
serted that II there grievance TO be dealt
with except excessive rates. there would be no
need of any legislation whatever We could safely
leave the cure of excessive rates to the law of
competition among the railroads themselves, and
where there competing lines to the compe-
ritiOn OF markets which consolidation nor COM
bnation OF roads can do away with. If cases
OF excessive rates which neither the competition
Of roads nor OF markets could reach still remained.
the conditions which made them possible would be
that they would of necessity be few In
number and could be relieved by resort TO the
remedy OF the common law. which has always rec
ogniZed the obligations of common carriers and
held them 70 account.
PROPER ACCESS TO COURTS FOR ALL.
proper solution of this railroad question is Of
vast Importance, but II sinks into nothing COM
pared with the primary duty Of preserving 10
every American-hgh or low, rich or poor-free &C
that statute take away the constitutional
right citizen to appeal TO the courts If an at
tempt is made TO take his property without due
process OF law. In other words, legislation cannot
the rate IS confscatory; but this is very narrow
ground and a very limited right. A rate may not
be absolutely conAscetory and yet may be in the
highest degree unjust and unreasonable, and, IN
would be possible TO deprive citizen by Legislation
OF the right appeal TO the courts as TO the JUS
tice and unreasonableness of a given rate, which is
a purely judicial question. But no attempt ought
or assertion, destroy this privilege, rather,
this right.
TO 1lfEND r 1TE RTIT