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 8 cases are the New York and Northern Case (3 I. C. C. 542) the
Social Circle Case (4 I. C. C. 744) the Minneapolis Case (5 I. C. C.
571) the Colorado Fuel and Iron Case (6 I. C. C. 488) the St. Cloud
Case (89 I. C. C. 346) the Savannah Case (8 I. C. C. 377) the Tifton
Case (9 I. C. C. 160) and the California Orange Routing Case (9 I. C.
C. 182). Mr. Willcox thinks the Minneapolis Case and the Colorado Case
should be crossed off because the carriers complied with the orders
while suit was pending, so that there was no decision on the merits.
He says the decision was not on the merits in the New York Case, the
St. Cloud Case, or the Tifton Case. In the Social Circle Case the
Supreme Court sustained the order in respect to discrimination, but
reversed it so far as it attempted to fix a maximum rate. In the
Orange Case the Circuit Court sustained the Commission, but an appeal
was taken at once to the Supreme Court. In the Savannah Naval Stores
Case the Circuit Court sustained the Commission and no appeal was
taken. Two cases in favor of the Commission in the Court of Appeals
and one-half a case in the Supreme Court, and one of the circuit
decisions is on appeal—one and one-half final affirmatives on the
merits out of 34. One would think that Mr. Willcox might allow the
Commission the three cases that were decided in their favor although
the court did not find it necessary to go into the merits of the
matter, and he seems to be less generous about the Colorado Case than
Mr. Newcomb, who says the Commission was sustained by the court.
Footnote 403:
Work of the Interstate Commission, p. 14, 1905. (See Appendix A.)
Footnote 404:
As the average time required to reach a final decision in a case that
goes from the Commission through the Federal courts up to the United
States Supreme Court is 7½ years, it is clear that there is plenty of
time for the accumulation of a congregation of cases, birds of a
feather, waiting for judgment, on the same point.
Footnote 405:
Sen. Com. 1905, p. 2888.
Footnote 406:
The railroads would prefer a court to a Commission if any public body
is to have power over rates. They know that proceedings in court are
likely to be troubled with long delays, and great expense, and that
courts are very delicate about determining what is a reasonable rate.
In the Reagan case (154 U. S. 362) the Supreme Court says: “It has
always been recognized that if the carrier attempted to charge a
shipper an unreasonable sum the courts had jurisdiction to inquire
into that matter and award to the shipper any amount exacted from him
in excess of a reasonable rate; and, also, in a reverse case, to
render judgment in favor of the carrier for the amount found to be a
reasonable rate.”
Public-domain text, read in full here on John Shaqi.
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