Railroads: Rates and RegulationsRipley, William Zebina
History
Railroads: Rates and Regulations
Ripley, William Zebina
Railroads -- Freight -- Rates -- United States; Railroads and state -- United States
These two principles of cost of service and value of service are
directly opposed in one regard; inasmuch as the cost of service theory
harks directly back to railway expenditure; while the value of service
principle contemplates primarily the effect upon the railway's income
account. Any charge is justified according to the latter view, which
is not detrimental to the shipper as indicated by a positive reduction
in the volume of business offered. No charge, on the other hand, may
be deemed reasonable according to the cost of service principle,
which affords more than a fair profit upon the business, regardless
of its effect upon the shipper. As a matter of fact neither of these
views is entirely sound by itself. Both have large elements of truth
in them. Each qualifies the other. In the first place, it is to be
noted that between them they fix the upper and lower limits of all
possible charges. Less than the cost of service cannot be charged;
else would a confiscatory rate result. This was the plea set up by
the railways in the now celebrated Texas Cattle Raisers' Association
case against the cancellation by the Interstate Commerce Commission
of an extra charge of $1 per car for switching charges at Chicago. At
the other extreme, more than the traffic will bear cannot be charged
without a disproportionate decline in volume of tonnage. This would
be bad business policy, as it could at once entail loss of revenue.
The railway could not submit to the former alternative; it would not
conceivably resort to the latter.
Attempts have been made by various authors to account for the phenomena
of rate making on other grounds. The German author, Sax, has sought to
trace an analogy between the imposition of taxes and railway charges,
alleging that both should be proportioned to what the shipper "can
afford to pay," from an ethical rather than an economic point of view.
Acworth interprets the phrase "charging what the traffic will bear" to
mean something analogous to this. His allegation is that rate schedules
are built up upon the principle of "equality of sacrifice," otherwise
characterized as "tempering the wind to the shorn lamb." High class
traffic contributes liberally of its abundance of value, while third
class passengers and low grade tonnage are let off lightly on the
ground of their poverty. Taussig in his memorable contribution to the
subject[139] has, however, shown how untenable this theory of "equality
of sacrifice" is. Not ethical but purely economic considerations are
applicable in such circumstances except, of course, in so far as common
carriers, enjoying privileges by grant of the state, may be considered
as imposing taxes for the performance of a quasi-public duty. This
latter test of a reasonable rate has underlaid a long line of Supreme
Court decisions since the Granger case.[140] Nevertheless, as so
frequently happens, legal and economic bases of judgment seem to be
lacking in harmony.
Public-domain text, read in full here on John Shaqi.
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