The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-06-25
THE PEOPLE MUST PRESS THE
FIGHT

'1
yer-nke exposition OF the conditions
under which the abuse Of the rate
making power BY railroads has sprung
up and OF the facts tending to tnjure
this State through the exploitation b.
railroad monopoly Of It's territory. As
the laws are now written. Mr.. jug
tice shows clearly that the Interstate
Commerce Commission and the Courts
can not safely be depended upon TO re-
cognize the determinations In fact that
are the violation or the spirit Of the
Interstate Commerce act That act
has been proven in It's application 10
have been wired b. the ingenious work
Of the railroads with phrases that ian
De extended 10 destroy its usefulness
as a practical protection TO that pub
lie In whose interest IL was con-
ceived and passed. In the sections
which prohibit unjust determinations
between persons. unequal privileges
and unequal charges for the same
Kind Of service are inte-poIated such
expressions as substantially similar
circumstances" undue and ~unreason-
able preferences n advantages" and
other like plant phrases. In the in
depreciation of the Act the Court has
given these expressions the wide lat
titude which follows upon the vague
ness OF their meaning. 1t has been
held that substantially similar on
dftions' is not confined TO natural
conditions and, in the absence of a
definition Of undue and
able the giving Of preferences and
advantages to one community hat are
not given to another may easily be
excused upon grounds Of competition
with other roads at particular points
which in reasonable justice will not
excuse relative extortion from the
competition.
Quoting President Finley's state
ment that the wen known rates of
a discriminatory character so far as
North Carolina is concerned between
Cincinnati and ~Lynchburg return a
profit to the road. Mr.. Justice shows
cogently II e effect of such discrimina-
lions uDOn the mme and indus
try of North Carolina. but at the
SoAiC IiiAS a. y ollI4oCd " IL IdCI
that. under the restrictions of the
Interstate Commerce law. the rail-
road might well be able to show tina
1t was within the letter of tina law
if not in the spirit. With this con-
clusion he naturally sees in the pas
sage Of the rate bill only the minor
ADVANTAGE of the law against rebat-
ing 10 individuals and is not foolish
ly optimistic over the power also
given TO the Commission to reduce
rates. The remedy. says Mr.. Justice,
if it exists at all under present con-
ditions of law, lies in wi that
those rates to North Carolina towns
that include the determinations are
in themselves, and per Sc. too high
and unreasonable. In the carrying
out of this campaign he looks for
a continuation of the fight for pop
ular education 10 The existing condi-
tons to make itself ultimately felt
in Congress as we'll as in the Legis-
latures.
AS to State Legislation. Mr.. Justice
shows logically that from the nature
of railroads with respect to the pub
lie, their business is the only one that
is not controlled by the operation of
the law of supply and demand. In
the case of merchants the existence
of high prices for goods is in itself
an invitation to competition resulting
in the automatic reduction Of prices.
With the railroads, on the other hand,
granted especial powers by the State
and havin~ only a few rate makers
to consult, it is easy and natural that
they should agree to keep up prices.
AS a logical sequence the prices to
be charged by railroads are econo-
macally subject of Legislative con
troll. In its exertion the control must
be done, by the Government in inter-
state and by the States in intrastate
In reviewing the legislation by the
last General Assembly, Mr. Justice
points out the effect of the Freight
Rate Bill which vas drawn merely TO
enable different towns in the State to
as cheaply as with points without the
State and at greater distances by
establishing a rate on shipments over
different State roads equal to the sum
of the locals less twenty-five per cent.
The advocates of freight rate reform
urged that freight over different roads
should be carried on the basis of mil
cage between the points of shipment
and destination and the bill that was
passed was a concession to the rail-
roads which promptly took the ques-
ton to the Federal Court. Mr.. Justice
says that the next legislature should
adopt the mileage basis and increase
the penalties which, after having Sc
cured legislation reducing them, the
railroads have now adopted the policy
of refusing to pay.
In discussing the necessity Of edu-
cation and Of treating the railroad
questions as political in the best sense
Of matters important to be solved IN
the Interests of the people Mr.. Justice
IT is harder for the sentiment of
the people to reach and impress itself
upon the representatives in Congress
it is to reach the members of
the State Legislature; but public