Presidents -- United States -- Messages; United States -- Politics and government -- Sources
railroads to make agreements, provided these agreements were sanctioned
by the Interstate Commerce Commission and were published. With these
two conditions complied with it is impossible to see what harm such a
combination could do to the public at large. It is a public evil to
have on the statute books a law incapable of full enforcement because
both judges and juries realize that its full enforcement would destroy
the business of the country; for the result is to make decent railroad
men violators of the law against their will, and to put a premium on
the behavior of the wilful wrongdoers. Such a result in turn tends to
throw the decent man and the wilful wrongdoer into close association,
and in the end to drag down the former to the latter's level; for the
man who becomes a lawbreaker in one way unhappily tends to lose all
respect for law and to be willing to break it in many ways. No more
scathing condemnation could be visited upon a law than is contained in
the words of the Interstate Commerce Commission when, in commenting
upon the fact that the numerous joint traffic associations do
technically violate the law, they say: "The decision of the United
States Supreme Court in the Trans-Missouri case and the Joint Traffic
Association case has produced no practical effect upon the railway
operations of the country. Such associations, in fact, exist now as
they did before these decisions, and with the same general effect. In
justice to all parties, we ought probably to add that it is difficult
to see how our interstate railways could be operated with due regard to
the interest of the shipper and the railway without concerted action of
the kind afforded through these associations."
This means that the law as construed by the Supreme Court is such that
the business of the country can not be conducted without breaking it. I
recommend that you give careful and early consideration to this
subject, and if you find the opinion of the Interstate Commerce
Commission justified, that you amend the law so as to obviate the evil
disclosed.
Public-domain text, read in full here on John Shaqi.
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