The Montgomery advertiser., 1907-03-20

 I popular understanding of the fact that rail transportation Is now. if possible more important than water transpor- tation, and expressed the belief that l when the intsrdependencs of the rail ways and the people is understood. the people will be as reluctant to place | obstacles In the way of railway im- provement as they would be to oppose the improvement of waterways.
 Expressing the belief that there Is danger that legislation Intended to regulate railways may prove to be an obstacle to their extension and devel- opment and may tend to make worse. instead of better the conditions sought to be remedied." MT. Finley cited as an illustration legislation proposing to Impose penalties for failure to supply cars or to perform other services, with out regard to whether such failure is the result of wiilful negligence. He pointed out that the present demand for cars is beyond the capacity of the railways and the car builders to sup ply and that the imposition of car service penalties would compel discrim- nation in favor of shipments wholly within the borders of the State impos- ing the penalty. Tt must be appa- rent" said he, that the inevitable re- suit of this will be to bring about competition of greed and rivalry be- tween the States to see which can in- pose the heaviest penalties and secure the largest supply of ears and the most prompt service. and that every penalty imposed for failure to do the impossi- ble must reduce the ability of the road, to secure more cars and other. needed betterments. It must also be apparent that such policy is in direct violation of the common law rule forbidding dis crimination. which has been tncorpor- ated in the Federal and State statutes. It compels discrimination in favor of imposing the heaviest penalty against other States and against interstate trafic.~
 Charges for Demurragc.
 After referring to the radical differ ence between the obligation upon the shipper to pay demurrage charges when he withholds from it's proper use property which does not belong to him and the proposition to penalize a railroad for failure to perform ser vices beyond it's ability. Mir. Finley said: Tn this matter and others which it Is proposed to regulate by legisla- tion 1t is for the best interest of all con- cerned that the relations between the railway and those buying transporta- ton from 1t should conform to the we'll established business rules that BONtEu 1CQHtnltTCAdL tEduStACliOnb dAA kinds. There seems to be an idea in the minds of some that the business of transportation by rail Is so different from all other forms of human activity and that the railway corporation is so different from all other business con- cerns that they should be hedged about with restrictions which would be rec ognixed as being fatal to the success of an individual or corporation engaged 1r asawS N@k kxnp poration is an organization engaged in the production and selling of traus- portation and differs from other cor porations generally ID that 1t requires a larger amount of capital for the cre- aEion and operation of It's plant than is needed in most other lines of busi- ness. Exactly like any other business enterprise. it's capital can only be se- cured If those seeking investments can be reasonably sure of fair return. and its business can only be conduc- tetd successfully and its facilities ex- banded if It's income can be kept up to the point necessary to sustain it's credit and enable 1t to secure rev cap ital when required for these purposes.
 MT. Finley spoke at some length on the importance of railways and their public depending on them for trans portation and treating all members of the public with courtesy and consid- eration, saying that he was determined to have this policy observed on the lines of the Southern Railway. He re- viewed the great work that has been done by the Land and Industrial De- pertinent of the Southern Railway in assisting in the development of the South-work that has been beneficial primarily to the South and only sec ondarily to the road by the develop ment of localities along It's lines. In conclusion. he saidi
 Present tendencies in some locali- ties are toward undertaking to regu- late all the details of the business of transportation by rail by statute law, regardless of whether or not the statutes come into conflict with the immutable laws of economies and of trade. This Is not @ new proposition, and lessons as to the futility of at- tempting it may be learned from the history of the past. Ever since the day when Kipg Canute stood rpon the coasts of Britain and forbade the tide to rise there have been men who have believed that the laws of nature and of economies could be repealed or mod filed by legislative acts. Attempts have been made to fix by law the prices of commodities and the wages of la- boy and to prescribe impossible con- ditions for the conduct of business. but eery such attempt has ended In fail uye. ane the failure has generally been attended with consequences more dis astrous than the wetting of the royal robes that followed King Canute's mandate to the tide.
 Appeals for Fairness.
 "The transportation problem cannot be solved in prejudice or passion or in any misunderstanding of the condi- Al. Al. Tkr vlk tion calls for moderation and justice on the part of the people and a full understanding and cooperation be- tween our State and national govern ments and the railroads. In such an effort to work out successfully the problem of the times and whioh can only be solved on principles of con- struction, and not destruction, and in full recognition of the high and just purposes of both sides, may God speed