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 English Railway Act of 1888 provides that “no railway company shall
make any difference in the tolls, rates or charges made for, or any
difference in the treatment of home and foreign merchandise, in respect
of the same or similar services.” But this part of the law has been
constantly and vigorously violated as we shall see in a moment. The main
aim of the English Government has been to keep the railways from lifting
the rates or overcharging, and it has carried this to a point which,
with the strenuous provisions against grade crossings and in respect to
fencing and other safety measures, has gone far to discourage English
railway development. The companies submit classifications and schedules
of maximum rates and charges to the Board of Trade, which hears all
objections and tries to arrive at an agreement with the companies. The
agreed tariffs, or, in cases where no agreement is reached, the tariffs
the Board thinks ought to be adopted, are embodied in Bills, introduced
to Parliament, and after hearing if need be enacted into law. Thus
Parliament enacts a tariff of maximum charges, and the law forbids
discrimination, and “whenever it is shown that any railway company
charges one trader or class of traders, or the traders in any district,
lower tolls, rates, or charges for the same or similar merchandise, or
lower tolls, rates, or charges for the same or similar services, than
they charge to other traders, or classes of traders, or to the traders
in another district, or make any difference in treatment in respect of
any such trader or traders, the burden of proving that such lower charge
or difference in treatment does not amount to an undue preference shall
lie on the railway company.” The long-haul abuse is met by a provision
free from any ambiguous “similar circumstances and conditions” clause.
“The Commissioners shall have power to direct that no higher charge
shall be made to any person for services in respect of merchandise
carried over a less distance than is made to any other person for
similar services in respect of the like description and quantity of
merchandise carried over a greater distance on the same line of
railway.” Section 31, provides that if any person believes a railway is
making an unreasonable charge, or treating him in any respect in an
oppressive or unreasonable manner he may complain to the Board of Trade,
which shall endeavor to settle the difficulty by conciliation and
arbitration. If this is not possible, and the case comes within the
jurisdiction of the Railway Commission the Board will give the plaintiff
a certificate to take the matter before the Commission for adjudication.
Under Section 1 of the Act of 1894 complaints may be made of the
unreasonable increase of any rate, directly or indirectly, since
December 31, 1892, and if the Board cannot effect an amicable settlement
the complainant may submit the case to the Railway Commission for
judgment.
Public-domain text, read in full here on John Shaqi.
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