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
In a strong decision rendered February 19, 1906, the Supreme Court
upheld the contention of the Government, declaring that a carrier cannot
deal in the goods it carries in such a way as to evade the provisions of
the Interstate Commerce Act, and therefore a railway cannot buy and sell
and underbid other owners of similar goods who are dependent on the
railroad for the transportation of their goods to market. “The existence
of such a power would enable a carrier, if it chose to do so, to select
the favored persons from whom he would buy and the favored persons to
whom he would sell, thus giving such persons an advantage over every
other, and leading to a monopolization in the hands of such persons of
all the products as to which the carrier chose to deal.... Because no
express prohibition against a carrier who engages in interstate commerce
becoming a dealer in commodities moving in such commerce is found in the
act, it does not follow that the provisions which are expressed in that
act should not be applied and be given their lawful effect.”
The Court quotes an English case, Attorney General v. The Great Northern
Railway, in which the Vice-Chancellor decided on common-law principles
that a railway could not deal in coal because such dealing was
incompatible with its duties as a public carrier and calculated to
inflict injury on the public.
The decision is important, and the railways, it is said, have already
begun to part company with their coal mines. But it must not be expected
that the evil at the bottom of this case can be so easily eradicated. It
will be a simple matter to put the coal mines in the hands of special
companies controlled by the same men who control the railways, and the
coal company and the railway can together continue to do precisely what
the railway alone has been doing in the double capacity of dealer and
carrier.
Within a week of its decision sustaining the Commission in the
coal-carrying case, the Supreme Court has reversed the Commission and
the Circuit Court in the orange routing case. In 1899 all the railways
of Southern California fixed a through rate of $1.25 per hundred on
oranges from California to the Missouri River and the East, reserving
the right to route the freight. The Fruit Growers Association complained
of this as depriving shippers of their right to route their shipments
and as virtually constituting a pooling agreement or combination in
violation of the Interstate Act. The Commission and the Circuit Court
sustained this contention, but the U. S. Supreme Court has now (March,
1906) sustained the railroad plea that they have a right to fix through
rates on condition of determining the routing themselves.
B.—REGULATION OF RATES.
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