“The bill which we report to the House, and which is an amendment
of House bill 2,412, is based upon the theory of furnishing civil
remedies in the courts of ordinary jurisdiction to parties for the
most conspicuous grievances complained of in railroad management,
prohibiting what should not be done, and commanding what should
be done; proposing remedies for the violation of its provisions,
and avoiding any attempt at detailed regulation of freight rates.
This was deemed best as the first effort at legislation upon this
subject. The interests involved are so large, and their successful
management so important to the country, that it was not deemed
advisable to run any risk of embarrassing the management of the
railroads of the country, and at the same time it was deemed
necessary for the protection of the interests of the people to
control and circumscribe the exercise of the monopoly powers of
these corporations, to prevent them from making extortionate charges
and unlawful exactions upon the people.
“The examination of this subject will show that the attempt to
establish a system of legislative rates is impracticable, for the
reason that what would be a reasonable rate for one road would be
ruinous, perhaps, to others, as the charges for the transportation
of freights are largely controlled by the amount of business done by
the several roads.
“For instance, what would be a reasonable rate of charges on the
Pennsylvania Railroad would not be a reasonable rate upon a road in
the new States and in a sparsely settled portion of the country.
“The same difficulty lies in the way of attempting to protect the
people by the adoption of maximum rates. What would be a reasonable
maximum upon one road would not be reasonable upon others. A maximum
high enough to protect the railroads against harm would be too
high to benefit the people on most of the roads, and a maximum low
enough to protect the people on some roads would be ruinous to the
interests of many other roads, so that it is not believed best to
attempt to protect the interests of the public by the legislative
rates or by the maximum rates.
“The bill which we report to the House, instead of adopting either
of these plans, provides that the charges of the railroads shall be
reasonable; that persons engaged in the transportation of interstate
commerce by railroads shall furnish without discrimination the
same facilities for the carriage, receiving, delivery, storage
and handling of property of a like character, and shall perform
with equal expedition the same kind of services connected with
contemporaneous transportation.
* * * * *
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