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 is evident that England is far from being free from unfair
discrimination. A system of maximum rates, with penalties for undue
preference, and a commission able to countermand an unreasonable
increase of rates, is not sufficient.
In Canada a railway commission of three appointed by the Governors in
Council for ten years (but removable at any time by the Governors in
Council for cause) has absolute power over rates, classification, speed,
safety appliances, etc.[423] The railways may submit tariffs, but the
Board can approve or disapprove of them in whole or in part, and
prescribe such rates and classification as it deems best, and the
railroads cannot charge either more or less than the rates authorized by
the Commission. All undue preferences between persons and localities in
rates or facilities is forbidden, but “the tolls for larger quantities,
greater numbers, or longer distances may be proportionately less than
the tolls for smaller quantities or numbers, or shorter distances, if
such tolls are, under substantially similar circumstances, charged
equally to all persons. The Board shall not approve or allow any toll,
which for the like description of goods or for passengers, carried under
substantially similar circumstances and conditions in the same direction
over the same line, is greater for a shorter than for a longer distance,
the shorter being included in the longer distance, unless the Board is
satisfied that, owing to competition, it is expedient to allow such a
toll.” The burden of proof is on the company to show that any difference
of treatment does not amount to an unjust discrimination. And “the Board
may determine, as questions of fact, whether or not traffic is or has
been carried under substantially similar circumstances and conditions,
and whether there has, in any case, been unjust discrimination, or undue
or unreasonable preference or advantage, or prejudice or disadvantage,
within the meaning of this Act, or whether in any case the company has
or has not complied with the provisions of this and the last preceding
section; and may by regulation declare what shall constitute
substantially similar circumstances and conditions, or unjust or
unreasonable preferences, advantages, prejudices, or disadvantages
within the meaning of this Act, or what shall constitute compliance or
noncompliance with the provisions of this and the last preceding section
relating to discrimination, long-haul,” etc. No Supreme Court rulings
can knock out this Commission, for it has clear authority in the law to
interpret its provisions as it deems best, to accomplish the purpose in
view. Whether this law will work well or ill is not yet apparent.
Public-domain text, read in full here on John Shaqi.
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