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
Several comments are necessary. First, about ⅘ of the Commission’s
decisions have been right on the railroad’s own showing. They claim only
32 reversals out of 170 orders—nearly all the rest have been accepted by
the railroads or enforced upon them by the courts. Second, the reversals
have been based on questions of law in respect to which the courts
disagreed among themselves. The Commission has not been overruled in
respect to questions of fact, but on the application of what it believed
to be law (and what the framers of the law believed to be law) to the
removal of economic abuses. Third, the points of law in respect to which
it has been overruled are very few. The decisions have gone in bunches.
For instance while the Alabama Midland long and short haul case was
pending in the courts a number of other long-haul cases were decided by
the Commission, and when, after several years, the Supreme Court gave
final judgment, a whole block of the Commission’s rulings on this point
were discredited and subsequent reversals were simply repetitions
involving no new error. So the question of power to fix rates covers a
cluster of cases all thrown down in reality by one ruling.[404] And
these two questions represent nearly the whole difference between the
courts and the Commission. The 15 reversals in the Supreme Court do not
mean 15 errors, even in respect to legal points, but only a very few
errors if any. Fourth, the higher court reversed the lower in 9 out of
the 17 cases that went up from the Circuit Court, and in three of these
cases the Supreme Court reversed both the Circuit Court and the Court of
Appeals. Fifth, it is by no means certain that the Commission was wrong
and the court right. The fact is that the Supreme Court has not
interpreted the law according to its manifest and well-known intent, but
in a narrow, technical way that has defeated in large part the real
purpose of the law. It is an absurdity to rule that the law is valid and
then to decide that the railroads may escape from the long-haul section
by means of dissimilar circumstances created by themselves. And many
believe it to be an equal absurdity to declare that the Commission may
order the discontinuance, of an excessive rate or unjust discrimination,
but cannot fix a reasonable rate.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account