The Wilmington morning star., 1945-10-02

Henry just loves th
cent. In the United States as a
whole, there was a decrease from
$25, ,o41 ,o9s, 900 in 1919 to s24, ,os2..
$4,000 in 1899, or IA per cent.
Coercion" Charge
Taking up the charge of alleged
coercion" by Northern railroads,
the Southern railroads said that so
far as the charge is based upon
the refusal of the Northern roads
to agree upon joint rates-and no
other basis of fact was stated by
the court-an allegation that one
party "coerced'' another in a sit.
uation where two parties failed to
reach an agreement, is a mere
assertion; and the assertion will
be shown to be untrue.
The Southern railroads answer
said they desired to point out the
unusual and indeed extraordinary
character of charge that defend
ants in an antitrust case have con-
spired in effect to deprive them.
selves of business; for this would
be the necessary result of hinder.
ing and retarding the transporta-
ton of freight to and from the
state of Georgia, as charged"
The railroads in describing the
work, functions and methods of the
rate conference, said that in no
case does any bureau, association
or rate conference ever make, fix
or institute rates, fares, charges,
classific ations or practices. These
are in all cases made, fixed and
prescribed, as provided by law,
either by public authority in the
form of the Interstate Commerce
commission or by state commits
sions having authority in the
premises, or by the carriers them
selves acting individually with the
approval, when required by law,
of such public authority. They
stressed that the right of independ.
ent action is always reserved by
the railroads.
The utility, the value, and the
necessity of such rate conferences
have been repeatedly recognized by
public authority, the railroads de
clared. In support, they pointed tt
the testimony of the late JOSEPH
IB. Eastman before the Senate com
|mittee on June IA, 1943. Mr.. East
man, for Is years member of the
Interstate Commerce commission
Federal Coordinator of Transpor
tation in 1933-1935, and Director O.
the Office Of Defense Transporta
ton from the creation of that OF
flee until his death in 1914, wa!
quoted as testifying:
IT am wholly convinced that i
the carriers of the country are tt
respond to the duties and obliga
tions imposed upon them by thu
Interstate Commerce act, and /
| the rate structure is to be reason
able. free from unjust discrlmlna
ton Or undue preference and pre-
iudice, as simple and conslsten
as may be, reasonably stable, ant
sufficient for the financial needs o
private ownership and operation
the carriers must be in posltlol
to consult, confer, and deal collec
lively with many phases OF tn
matter, and that while the ult'
mate right of individual actiol
| should be scrupulously preserved
| if is desirable that such actlol
should not be taken without prio
notice to fellow carriers and snip
pers and an opportunity for then
to express their views. So tar a
| the rate bureaus and association
| are concerned, I know that the'
are essential to the orderly ant
Economical publication of rates ant
many other activities OF the car
riers that must be cooperative ant
collective"
The railroads stated in thel
answer that 1.-The doing OF tina
which the law requires and whlcl
thev are directed to do by an
commission having jurisdlctlo
over them, is not violatlve OF III
antitrust laws.