In any case of suit by a shipper to recover damages for unreasonable charges the court would have to determine what was a reasonable rate in order to fix the measure of damages, but Chairman Knapp of the I. C. C. says he does not know of a case in which suit was ever brought (Sen. Com. 1905, p. 3301). The fact that very many complaints have been made of unreasonable rates and no suits brought in the courts indicates that court procedure is regarded as inadequate. Courts are by nature judicial, not legislative or executive. And the remedy which can be administered by them in these railroad cases is uncertain, limited, and indirect. (Sen. Com. p. 3362.) Footnote 407: Sen. Com. 1905, pp. 3297, 3298. Footnote 408: Sen. Com. 1905, p. 975. Footnote 409: 9 I. C. C. Decis. 318, Nov. 17, 1902. Footnote 410: 10 I. C. C. Decis. 590; Rep. 1905, p. 31. Footnote 411: Essex Milk Producers’ Association _v._ Railroads, 7 I. C. C. Decis. 92, March 13, 1897. See also Howell _v._ New York, Lake Erie, and Western, 2 I. C. C. Decis. 272, equal milk rates from all distances unlawful. Footnote 412: 11 I. C. C. Decis. 31. Footnote 413: Sen. Com. 1905, p. 1339. Footnote 414: Sen. Com. 1905, p. 1165. The fact is that neither the Elkins Bill nor the Esch-Townsend Bill reaches the private car abuses or terminal railroads, or flying tariffs, or other evasive forms of discrimination, and neither adds much to the power of the Commission to deal with the subject. (See Sen. Com. pp. 2889, 2905, 2911). Footnote 415: Sen. Com. 1905, pp. 1675, 1676. Footnote 416: See Chamber of Commerce _v._ C. M. & St. P. Rd., 7 I. C. C. Decis. 1898, p. 510 and I. C. C. Rep. 1898, p. 24. Footnote 417: The reasons for and against public ownership of railroads are dealt with in the testimony of the writer before the Industrial Commission, vol. ix., pp. 123–193, 883–890. President Roosevelt had the possibility of public ownership in mind when he said in his message that we must choose between an increase of existing evils, or increased Government supervision, or a “still more radical policy.” Footnote 418: The railways of Italy were operated by private companies when I was there; since then, in 1905, the Government has undertaken the operation of them. Footnote 419: A few illustrations of the vigorous manner in which this law works out in practice may be of advantage here: The Hungarian Government at a single stroke, in 1889, reduced State railway fares 40 to 80 percent. Austria and Prussia have also made great reductions in railway charges. Belgium started in the thirties with the very low rate of ⅘ of a cent on her public railways. In New Zealand and Australia also the Government managements have adopted the settled policy of reducing railroad rates as fast as possible.