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 Interstate Commission held that the regulations of the Southern
Pacific and Santa Fe, reserving to themselves the right of routing, were
unlawful under the discrimination clauses, but the court did not decide
this point. (I. C. C. Rep. 1904, p. 78.)
Mr. Ferguson says the private car-lines “sell the tonnage to the highest
bidding connecting line. It is purely a matter of bargain and
sale.”[242]
Unfair distribution of cars is an easy means of discrimination. Failure
to furnish cars to complainant for shipments of grain, while supplying
more than a fair proportion of cars to a competing shipper in the same
town, is as effective as any rebate could be.[243]
Railways have refused cars to persons desiring to ship railroad ties
which the railways did not wish to have go out of their own field.[244]
A Michigan railroad neglected to furnish the Richmond Elevator Company
with cars in which to ship the hay the company had contracted to
deliver, although the railroad was all the while supplying other
shippers with cars for hay and straw, etc.[245]
The Pennsylvania Railroad has been recently sued by independent coal
companies along its line for $2,000,000 damages for refusal to furnish
cars in fair proportion. It is charged that the mines in which the
railroad company is interested have had all the cars they needed, while
the independents have not received cars enough to fill their orders; in
consequence of which great loss has been inflicted upon them and their
business diverted to the railway mines.
The B. & O. was also sued for refusing to furnish cars to the Glade Coal
Company, while supplying cars to competing mines.[246]
In the case of the West Virginia Northern Railroad[247] the Circuit
Court issued a mandamus ordering the road to cease from discrimination
against the Kingwood Coal Company in the supply of cars and to furnish
said company with a specified percentage of cars. In affirming this
decision the Circuit Court of Appeals said:
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