The heart of the railroad problem: The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countriesParsons, Frank
History
The heart of the railroad problem: The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countries
Parsons, Frank
Railroads -- Freight -- Rates -- United States; Railroads and state -- United States
“The best possible regulation of rates would, of course, be that
regulation secured by honest agreement among the railroads themselves to
carry out the law.... The power vested in the Government to put a stop
to agreements to the detriment of the public should, in my judgment, be
accompanied by power to permit, under specified conditions and careful
supervision, agreements clearly in the interest of the public.... But
the vitally important power is the power to fix a given maximum rate,
which, after the lapse of a reasonable time, goes into full effect,
subject to review by the courts.”
The President further says: “I urge upon the Congress the need of
providing for expeditious action.... The history of the cases litigated
under the present commerce act shows that its efficacy has been to a
great degree destroyed by the weapon of delay, almost the most
formidable weapon in the hands of those whose purpose it is to violate
the law.”
A summary of the principal provisions in some of the rate bills that
have been brought before Congress will illustrate the various methods
proposed for the better control of railroads. The Dolliver Bill provides
that, when the Interstate Commerce Commission, after full hearing upon
complaint, is of the opinion that a rate is unjust, unreasonable, or
unduly discriminatory, it shall fix a just and reasonable maximum rate
to go into effect 30 days after notice. The power applies to joint
rates, fares, and charges, as well as to those within a railroad system.
Broad provision is also made to cover the fixing of mileage rates, car
rentals, etc. The Commission may order a carrier to cease and desist
from any regulation and practice found to be unjust, unreasonable, or
unduly discriminatory. All orders are to go into effect 30 days after
notice unless the Commission extends the time to 60 days, or the order
has been suspended or modified either by the Commission or by decree of
a competent court. A penalty of $5,000 for each day an order is
disobeyed, and for each separate offence, is provided for against any
carrier, officer, representative, or agent who knowingly fails or
neglects to obey any order as aforesaid; and the Commission may also
apply to the Circuit Court for injunction, or other proper process, to
compel obedience. Appeal may be taken to the Supreme Court. Railroads
must give 10 days’ public notice of advances in rates, and 3 days’
notice of reductions, but the Commission may in its discretion allow
changes on less notice.
Public-domain text, read in full here on John Shaqi.
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