The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
But Mr. Morgan's indignation rises to the highest pitch in his
discussion of the Interstate Commerce Act. He fears that it will cause
the downfall of our liberties and sees in the background the Venetian
Bridge of Sighs and the French Bastille. He asks: "Why should for any
public reasons--for any reason of public safety--the Interstate Commerce
Law have come to stay?" He then berates the act as follows: "To begin
with, the present act abounds in punishments for and prohibitions
against an industry chartered by the people, but nowhere extends to that
industry a morsel of approval or protection. It bristles with penalties,
legal, equitable, penal, and as for contempt, against railway companies,
but nowhere alludes to any possible case in which a railway company
might, by accident, be in the right, and the patron, customer, passenger
or shipper in the wrong.... The constitutions of civilized nations, for
the last few centuries at least, have provided that not even guilt
should be punished except by due process of law, and have uniformly
refused to set even that due process in motion except upon a complaint
of grievance. But the Interstate Commerce Law denies the one and does
away with the necessity for the other. That statute provides that the
commission it creates shall proceed 'in such manner and by such means as
it shall deem proper,' or 'on its own motion,' and that 'no complaint
shall at any time be dismissed because of the absence of direct damage
to the complainant.' Even the Venetian council often provided for a
certain and described hole in the wall through which the anonymous
bringers of charges should thrust their accusations. Even the court of
star chamber was known to dismiss inquisitions when it found that no
wrong had been done. But the statute of interstate commerce appears to
issue _lettres de cachet_ against anything in the shape of a railway
company--to scatter them broadcast, and to invite any one who happens to
have leisure to fill them out, by inserting the name of a railway
company. It says to the bystander: 'Drop us a postal card, or mention to
any of our commissioners, or to a mutual friend, the name of any railway
company of which you may have heard, and so give us jurisdiction to
inquire if that company may have by chance omitted to dot an i or cross
a t in its ledgers, or whether any one of its hundreds of thousands of
agents--in the rush of a day's business, or in a shipper's hurry to
catch a train--may have named a rate not on the schedule then being
prepared at headquarters, or charged a sixpence less than some other
agent 250 miles down the line may have accepted a week ago for what
might turn out to be a fraction more mileage service in the same general
direction. No particular form is necessary. Drop in to luncheon with our
commission any day between twelve and one, and mention the name of a
railway company. The railway company may have done you no damage, nor
Public-domain text, read in full here on John Shaqi.
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