Year: 1874




REPRESENTATIVE M'cRARr DEFENDs HIS BiLL-ilo


INTENT TO RECTIFY THE ExORBTANT CHARGES


OF RALRoADs-COMPULsORY MEASURES REQol-


SIZE TO BRING ABOUT THE RESULT.


The Hon. CHARLES FRANCIS ADAns,Jr


SIR / readily concede that whatever you
may have to say upon the subject OK the reeua'on "
railway transportation Ia entitled to great weight anu
IL 10 for this that have carefuy read an" '
considered your open letter to Senator "lnuoih pu'
llshed in THE TRIBUNE OF yesterday candia anu US
passionate discussion OF this difficult and Important
oueson il much.to be desired, and am therefore glad
thar Won have seen Mt to make public your views con-
cernine what Is known as the "McCrary bill, now
pending in the Senate and, not being able 10 concur "
some OF those views take the liberty OF foloWins your
example and by this method to state nv dissent anu
some OF the reasons therefor. -..


There can / presume, be difference between us as
TO the nature aud character OF the evils and wrongs
which exist and to remedy which s the object and pnr
pose OF the proposed legislation. These wrongs are
numerous but chief among them are; o. Extoruoh VI
the charging Of unreasopaby high rates for ransporta
uon and C2) Unjust aud oppressive discrimination Ia
favor OF or against particular persons or places


No man has done than you to bring prominently
before the people the existence and enorny Oh tnese
abuses and therefore that you agree with me
that they exist they without justihcaton or
excuse that they constitute fragrant violation OF the
rights Of the people, aud that they ought 10 oe re"eaeo
You and can differ only when we come to the question
Of applylng a remedy The bill which you criticise so
severely undertakes to prohibit the two abuses nave
named. Its author held, and SUN NOUS
the opinion that the first thing 10 Dc uono
was 10 forbid by law the perpetratioh
M the wrones which YOU have clearly shown TO ex
s and that the thing to he done was TO provide
the necessary machinery for compelling oDediohce W
that law.


IL seems to me that you do not clearly distinguish De
tween the proposed law and the machinery for IT'S exc
cutiop You discuss criticse the latter, but you
ignore the former Let how far we can traVe TO-
pether I hold that statute Of the United states
houd be enacted both extortion and unjust
discrimination the part OF Interstate rairoals' IL
Won DISPUTE the sOundness OF this proposition then we
differ upon fundamental question:: but cannot thihK


that you will dispute it, because II these things are as
and as oppressive as you have often cnageu'
and as believe them to be, it would seem Impossible
for any man to maintain the Improperly OF
their entire prohibition. I am doubtless correct
therefore, assuming that you regard the o)ect ana
purpose bill In question as wise and prasewortny
but you object to machinery by which It's provisions
arc TO carried into effect Your objections reiate
exclusively to that portion OF the bill which you say
nroposes to create "a board of ni0e railroad CON-
mlssoners VINO are investigate the affairs of all the
railroads IN the country, and, when they think neces
sary are TO establish Individual lines tariffs OF fares
and freghts which are, in any Subsequent process
law tn he taken as the measure what is reasonable
in the way charges until decided TO be otherwise by
the verdict Of jury on the appeal OF the courts


Before reply your remarks upon this point OF the
bill allow me to remind you Of the fact that another
portion OF the same prohibits under suitable penal


ties all unjust discrimination, and gives to the citizen
Injured thereby his remedy in court OF justice ms
part of tho bill is wholly independent OF tho Board
OF Commissioners and OF their functions. IL
is presumed that case Of unjust discrmina-
hafar
without the aid of schedule OF rates and by proof that
corporation has charged for conveying the same
quantity shorter distance to a nOn-cOmpeting point
than for longer distance to competing polnt and for
no better than the fact that at the former point
their monopoly was complete. Now the bill provides
plain simple straightforward remedy for this evil by
suit to be prosecuted at the public expenses and with
this Board and the schedules have nothing whatever
to do. Every word in the bill in relation to the Board
of Railway Commissioners and their functions might be
stricken out and still all its provisions for preventing
unjust discrimination would remain intact and complete.


need not say to you that great and most valuable
form will have been accomplished II by this means
we can put an end to the common practice OF
imposing heavy and unjust burdens upon those power
less communities which are compelled to patronze a
single line because it is the only within their reach


Nor II be difficult matter to ascertain and deter
mine what is and what Is not unjust Discrimination
Questions vastly more difficult are daily submitted to
and decided by the ures Of the country under proper
instruction from courts, and am not aware that
any better machinery than Is afforded by courts and
jures has as yet discovered for the settlement Of
such controversies Iapprehend that this part Of the
bill must escaped your notice. as none OF your
objections apply to or touch IT, nor do you refer to 1t In
any way. I will not question the prOpriety OF your
advising the Senate to reject the bill without your
having considered this very important feature OF it,


Your objections to the bill in question
aI. he
power conferred upon the Board Of Commissioners in
where they deem to propose and pub
lish schedule OF rates. which schedule shall be admis
sable In evidence in trial under the proposed law.
You are confident that 1t will be Impossible for any
Board of Commissioners to discharge this duty and
"propery revise all the running tariffs in use In the
United States" am well aware Of the magnitude and
difficulty of the undertaking, but am not quite pre-
pared admit its impossibity In the first place, the
Commissioners not required 10 revise all the
tariffs the United States but only tariffs upon inter-
State railroads In the second place. II they should nd
it impossible to revise all these, they would doubtless
for o time at least confne their labors to the
operations of few Of the great through lines
by which the greater part Of tie agricultural
and other products OF the West are carried
to Eastern market. 30 far as the numerous short
lines OF the country are concerned, although Of
them extend into than one State, the Comms-
sioners would doubtless postpone action In regard
them until their more important work was done.


Every railroad is operated under schedule. The
duty Of the Board would be to call for these and
anime into and investigate the question as to their
reas6habeness nfound In any particular unfair or un-
reasonable the Board would suggest an amendment,
and 81 the railroad companies amabe as you sup
pose. they would doubtless adopt the suggestion and
all further trouble. Indeed should hope that the
adoption OF this plan would result in better under
standing between the ailr0ads aud the people and the
abandonment by the former Of all the Of which
the people Justly complain. But II the Board and the
fear would happen, the Board would revise the