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
It has received about 3,726 informal complaints relating to overcharges,
classification, rates, etc. Most of these, perhaps 3,200, have been
disposed of by correspondence or some mild form of arbitration, very
many have been settled satisfactorily, some have been abandoned, and
some have crystallized into formal complaints. The total number of
formal complaints has been about 854, including those that were formal
at the start and those that started as informal complaints and grew to
be formal through failure of adjustment by conciliatory methods. “From
1887 to October, 1904, the Commission rendered 297 decisions involving
353 cases, two or more cases being heard and decided together in some
instances. About 55 percent, or 194, of the decisions were in favor of
the complainant and 45 percent in favor of the railroads.[401] Mandatory
orders were issued to the number of 170. Of these 94 were complied with
by the railroads, 55 were disobeyed, and 21 were partly complied with
and partly disregarded. Some 43 suits were instituted to enforce the
orders of the Commission; and 34 of these have been finally
adjudicated.” The Commission claims that 8 cases of excessive rates and
unjust discrimination have been decided in its favor, while President
Willcox says that the courts have sustained the Commission on the merits
in only 3 cases.[402] Mr. H. T. Newcomb, who appeared before the Senate
Committee as the representative of several railroads, gives a table
showing that in the circuit courts the Commission has been sustained 7
times and reversed 24 times, the Circuit Court of Appeals has sustained
the Commission 4½ times and reversed it 11½ times and the United States
Supreme Court has partly sustained the Commission in one case and
reversed it in 15.[403]
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