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 — John Shaqi
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
“18. That the management of the railroad business is extravagant and
wasteful, and that a needless tax is imposed upon the shipping and
travelling public by the unnecessary expenditure of large sums in the
maintenance of a costly force of agents engaged in the reckless strife
for competitive business.”
The result of this investigation and report was the passage of the
Interstate Commerce Act, in 1887, affirming the common law rule that
carriers’ charges must be reasonable and impartial. Common carriers are
forbidden to give “any undue or unreasonable preference or advantage to
any person, locality, or description of traffic in any respect whatever,
or subject any person, locality or description of traffic to any undue
or unreasonable disadvantage in any respect whatsoever.” “No common
carrier” says Section 2, “shall directly or indirectly, by special rate,
rebate, drawback, or other device, charge or receive from any person
greater or less compensation for any service in the transportation of
passengers or property than it charges or receives from others for a
like and contemporaneous service under substantially similar
circumstances and conditions.” Section 4 makes it “unlawful to receive
more for a shorter than for a longer distance, including the shorter on
the same line, in the same direction, under substantially similar
circumstances and conditions,” except where the Commission created by
the Act shall authorize the carrier to charge less for the longer than
for the shorter distance. Rates must be published and filed with the
Commission, and 10 days’ notice must be given of advances. Any deviation
from the published tariff is unlawful. The Act excepted traffic “wholly
within one State,” and provided that property might be handled free or
at reduced rates for the United States, State, or municipal governments,
or for charitable or exhibition purposes; that preachers might have
reduced rates, and that passes might be given to employees of the road
or by exchange to employees of other roads. The penalty for breach of
the law was made a fine not exceeding $5000 for each offence, and
victims of discrimination, etc., could collect damages.
CHAPTER VII.
THE INTERSTATE COMMISSION.
A strong Commission was appointed, the Chairman being Thomas M. Cooley,
one of the ablest jurists in the country, Chief Justice of the Michigan
Supreme Court, author of “Constitutional Limitations” and other works of
the highest authority. The Commission started with a review of the evils
the Interstate Act was intended to abolish, and entered earnestly upon
the great work of enforcing the law.
The Commission’s statement of the arrangements used by the railways for
discrimination is so admirably clear that a part of it cannot fail to be
useful here.
Public-domain text, read in full here on John Shaqi.
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