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
The same report contains a rather pointed reply to Judge Brewer's ruling
in the Iowa rate cases, viz., that, "where the rates prescribed will not
pay some compensation to the owners, then it is the duty of the courts
to interfere and protect the companies from such rates," and that
compensation implies three things: "Payment of cost of service, interest
on bonds and then some dividends." The commission reviews this stupid
rule as follows:
"The effort has sometimes been made to indicate a rule which
must constitute the minimum of reduction in all cases, and
it has been said that rates must not be made so low that the
carriers would be left unable to pay interest on their
obligations and something by way of dividend to
stockholders, after maintaining the road in proper condition
and paying all running expenses. This comes nearer to a
suggestion of a rule of law for these cases than any other
that has come to the knowledge of the commission. But it is
so far from being a rule of law, that it is not even a rule
of policy, or a practical rule to which any name can be
given, and to which the carriers themselves or the public
authorities can conform their action. In the first place,
when we take into consideration the question of the
condition of roads and of equipment, the proper improvements
to be made, the new conveniences and appliances to be
considered and made use of, if deemed desirable, and the
innumerable questions that are involved in the matter of
running expenses, it is very obvious that there can be no
standard of expenses which the court can act upon and apply,
but that the whole field is one of judgment in the exercise
of a reasonable discretion by the managing powers or by the
public authorities in reviewing their action. It is to be
borne in mind that there are many roads in the country that
never have been and in all probability never will be able to
pay their obligations and to pay dividends, even the
slightest, to their stockholders.... If the rule suggested
is a correct one, and must be adhered to by the public
authorities, then it is entirely impossible that those who
operate these roads can prescribe excessive charges, since
it is impossible to fix any rates that would bring their
revenues up to the point of enabling them to pay any
dividends.... But the rule suggested would also be one under
which those roads would be entitled to charge the most
which, instead of being built with the money of the
stockholders themselves, had been constructed with money
borrowed; the larger the debt the higher being the rates
that would be legal. If a road were out of debt so that it
had no bonds to provide for, it must content itself with
such rates as would pay some dividend to its stockholders.
Public-domain text, read in full here on John Shaqi.
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