Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-21
OBSERVATION-DISCLOSURES
SAYS RAILWAY RATES MUST BE
FAIR Az WELL AS EQUAL.

DETROIT, Mich, January 20.-Judson
Harmon Of Cincinnati. Attorney General Of
the United States under President Cleve-
land. delivered an address on the railroad
rate problem tonight at the Fellow Craft
Club at dinner given by the Cosmopolitan
Club. about fifty members Of the club being
present, number of whom participated in
an open discussion at the close OF Judge
Harmon's address. Judge Harmon spoke in
part as follows:
Mr.. Harmon's Address.
1t is said railroad rates must be fair as
well as equal. True enough. But when
they are the same to all alike the best
assurance Of fairness IS supplied. With
the strong. and in many cases excessive,
competition among carriers which we have
In this country, and with the natural COM
eptitton, whatever it be, made and kept
free and unsurpassed whether by COM
binations. contracts or improper commun-
WINGED there can be few just complaints
OF unreasonably high rates.
me government seems to be now pro-
ceeding earnestly to enforce the laws di-
rected against the rear evil of favoritsm
by rebates and otherwise. / believe the
time has come when neither railway Off
clals nor shippers can break those laws, on
any pretext, without personal dishonor
And so confident am in open natural con-
dltions working out just results in the
hands OF free and intelligent people that l.
TOT one. wish them given fair trial before
resorting to any attempt at artificial regu-
iation. This should be only q last resort
In all matters which involve the action and
reaction of commercial forces on a multi
tude OF hanging circumstances as the fix
Ing OF rates does.
The Carriers and the Producers.
The railroad seeks all possible subjects
OF carriage; the producer wishes his prod
ncts carried to every possible market Both
must nave fair profit or the one cannot
carry nor the other produce II either gets
more IMAM a fair profit at the expense of
the other, or II either get less than a fair
pront, both must be injured because
neither can thrive without the other Moth
ing wiz be produced II II cannot be carried
ana nothing carried unless 1t be produced
What can be proitably carried and where
II can profitably be sold depend on numer-
GUS considerations, which vary with time
place and conditions. These cannot be
controlled by any law or tribunal, but the
carrier can be compelled to afford all ship
pers like treatment under like conditions,
ana all shippers can be made to stand on
the same footing with respect to It,
Shippers who get rebates or special rates
IN any form care nothing about the pub
ished rate. Such shippers are always great
and powerful.
The Influence of Shippers.
Their influence over the railroads is force
full, as shown by their ability to exact
favors. So long as they enjoy these their
influence on general rates is passive, If not
active, on the side of the railroads. But
when they are compelled to pay the same
rates as all others their power and in
fuence are at once transposed to the other
side, and any attempt on the part of the
railroads to enforce unreasonable rates is
met by the earnest and united efforts of the
entire body of shippers. l cannot believe
that the railroads can prevail in such q
conflict, in which the strong shippers are
bound to protect the weak in protecting
themselves, instead of thriving at their ex-
pense.
If it be said that this is a counsel of per-
lection because the strong cannot be COM
PEELED even by the law faithfully and i'm
partially enforced, and with public senti-
ment behind it, to reinquish their rebates
and special rates, what is the use of fur
Their laws? How are they to be made
effective than present laws? Rates are
now fixed by law soon as they are
published, and their publication is required
If impartial observance of those rates,
which are fixed In the first instance by the
railroads themselves. cannot be enforced
by legal penalties, what reason can there
be to expect this to be done with respect
to rates fixed by some one else? Once adj
nit that the laws concerning railroads
cannot be enforced there is no escape from
government ownership