“These constitute a portion of the leading features of the bill
which we report to the House. It is believed that the enactment and
enforcement of such a law will provide for the just and necessary
abridgment of the monopoly powers of these corporations, and
protect the people against unreasonable charges and extortionate
exactions, and will at the same time not interfere with or embarrass
the management of railroad corporations in anything which it is
reasonable and just they should do. And the Committee believe it
wiser and better to provide for the enforcement of the provisions
of such a law through the instrumentality of the ordinary courts of
justice, and by the judges and juries of the country than by the
orders of a commission. The machinery of the courts is already in
existence, and will require no additional expense, and is within
convenient reach of the people everywhere, and is fully able to
adjudicate all cases which may arise under this bill and by methods
with which the people are familiar, while no plan of a commission
which has been proposed could be conveniently accessible to all
the people, and if a plan should be presented which would provide
a jurisdiction convenient to all the people it would necessarily
be cumbrous and very expensive. In this view a commission is
unnecessary, unless it is the purpose of Congress to enter upon the
detailed regulation of freight rates.”
The rates charged in the United States are mainly governed
by competition with water carriage, or between the companies
themselves. Occasionally they are so reduced over large districts
as to be totally unremunerative. As soon, however, as the struggle
between competitors is ended, and an arrangement is arrived at,
the rates are suddenly raised. The circumstances of England and the
United States are so unlike that, even were those tribunals suited
to the latter, no case would be made out for establishing here a
Court armed with such powers. Here railway companies can make
charges only within their statutory maxima; there, as a rule, no
statutory maxima, or prohibitions of undue preference, similar to
those enacted here, are known. Here no municipalities have largely
subscribed to the capital of railways, no grants of public lands
have been made to them, as have been freely done there.[95]
[95] Poor’s Manual of Railroads for 1885 (page xv.) gives a list of
Railroads of the United States sold under foreclosure. The following
is a brief summary:--
Mileage. Capital Stock. Funded Debt. Floating Debt. m. $ $ $
1882 668 20,751,457 23,999,065 10,073,769 1883 1,190 24,587,704
38,197,926 2,481,608 1884 714 12,894,000 13,061,000 422,533
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