Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-24

passengers and property are carried must
pc the Same to~everybody: and they must
be filed and published in accordance with
the provisions Of the act, which says ex-
piicitly that no carrier shall charge or
demand or collect or receive greater or
less or different compensation for such
nor extend to any shippers or persons any
privileges or facilities except such as are
specified In such tariffs.
That means that exactly what It says,
Commissioner Knapp said. 'and the COM
mission cannot construe 1t in any other
way. All tariffs filed in compliance with
that section name 0tes in dollars and cents
and do not in any case refer to advertis-
ing other property. 1t means that moth
ing but money can be accepted. II the
carrier is permitted to accept advertising
why should he not accept potatoes rom the
farmer or calico from the shopkeeper? Why
should the owner Of a particular COMMONLY
be at liberty to exchange that COMMONLY
for public service unless owners OF other
commodities are granted the same priyi-
lege? On what theory can newspaper
proprietors be accorded favors which are
denied to merchants and mechanics! In
deed, does not the very fact that the mem.
bers of the editorial associations protest
against this ruling indicate desire to get
transportation for something less valuable
than the cash which other business men are
compelled to pay? Is there any other oasis
for their complaint?
Right Of Private Contracts.
This ruling Of the commission in no
way interferes with or abrfdges the right
Of private contract" said Mr.. Knapp.
Newspapers may freely exchange their
advertising space for any species of prop
erty upon such terms as may be acceptable
to the parties to the transaction, but the
facilities of the public carrier are not pri-
vate property, nor are they subject of bar
gain and sale like Merchandise. The right to
travel or have property carried by rail, like
n NM 10Th vryo @ q
contract right, but a political right, the
very essence of which is equality Indeed,
the right of contract implies freedom not
to contract. while a political right cannot
be withheld at the option of or Upon terms
dictated by those who are permitted to fur
nish the agencies by which alone that right
can be secured The distinction between
private property and public service Is fun
damental, and arises out of the nature and
necessities of social order.
Every railroad has occasion to purchase
supplies of various kinds and may contract
freely for those supplies just as the govern
ment itself may contract for material
which it, needs But the railroad may not
contract to sell its transportation. 1t seems
obvious to me that If l pay cash for
ticket and you pay in advertising space al
though at your regular rates. you get your
transportation cheaper than l do, because
you have sold your space at profit. More
over. your advertising rates are not fixed
by law or controlled by any public au-
thority. You are legally free to advertise
for one person at one price and charge a
different person another price
"Since this controversy arose have taken
occasion to make some careful inquiries of
railroad managers to ascertain what the
actual practice has been in regard to tho
exchange of transportation for commod-
tiles I am told that practically in no case
Is there such an exchange except with
newspapers. The man who sells coal or
lumber or any other supplies to q railroad
gets his pay in cash, although he may not
h N, VI onciN rnofr nff ho
road. and when he gets transportation he
pays for it in cash the same as though he
had not sold the supplies In other words
l am assured that running account and
payment of the balance found due does not
in Tact happen except in dealings with
newspapers.
Therefore I see not the slightest diff
Guilty or hardship in complying with the
rule which grows out of our construction
of the law. The railroads have a perfect
right to advertise and to pay fair and hon.
est prices therefor There is nothing in our
ruling which prevents the railroads from
attracting the patronage of the public by
newspaper announcements. l simply say
that they should contract for their adverts-
Ing as merchants do, and pay for it as
separate and Independent transaction and
that the newspaper proprietor should pay
in cash for whatever transportation he re-
qures, just as other dealers do in selling
supplies to the railroad Why not?
Public Carriers Restricted.
Broadly speaking. it is true that the
individual has the right to carry on his
business in the manner that best suits him.
self, but the public carrier has no such
right. The distinction between private
property and public service is fundamental.
The farmer or the storekeeper is under no
obligation to sell to all at the same price;
he is free to sell for what he can get, or
not to sell at all. as he pleases. In other
words, the Individual dealer is at liberty
to discriminate between persons to what
ever extent he pleases or deems for his in
terest, but the public carrier has no such
freedom and ought not to have 1t. The
railroad is free to advertise in your paper
or not as he sees fit but it is not free to
carry you not it sees fit. Can you
contract with the public authorities to pay
your taxes in advertising? Can you buy
postage stamps pay customs duties or
internal revenue taxes with your advertis-
ing space?'
There is very little probability of the
amendment Of the new rate law for the
benefit of newspaper publishers specifically
but there Is a disposition among many
members of Congress to modify the section
relating to passes SO that railway COM
panies may furnish free transportation in a
legitimate way. The immense amount of
important business now pending makes 1t
doubtful, however, whether the matter can