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 even if the competency of the courts to properly determine such
questions were admitted, there would still exist one serious objection
to their jurisdiction. Courts necessarily move slowly, while all
differences arising between the public and the railways, and especially
those concerning rates of transportation, require prompt and decisive
action. There are no fixed conditions in commerce. It is a kaleidoscope
constantly presenting new phases. Competition at home and abroad, tariff
duties, the condition of the crops and a thousand other influences
affect it and may require a prompt readjustment of the tariff. So long
as railroad companies are permitted to resort to injunctions and effect
other delays rendered possible through the machinery of the courts, to
prevent for years the enforcement of tariffs prescribed by
administrative authorities, so long will the public be at their mercy.
So long as they have nothing to lose and everything to gain by a
judicial contest, it will be their policy to delay through the courts
the enforcement of any tariff, whether prescribed by legislature or by
an authorized commission, that falls below their standard. It is not to
be understood that the acts of railroad commissioners should never be
subject to a judicial view. If such boards clearly exceed their
authority or are otherwise guilty of maladministration, if they violate
constitutional rights, then railroad companies, if injured by their
acts, should be permitted to seek redress in the courts; but they should
not be permitted to nullify an official tariff by legal maneuvers. It is
clearly not within the province of the courts to make rates or to lay
down rules to be followed by those to whom the law has delegated the
power to make them, nor should the courts aid the railroads in any
attempt to nullify an official tariff that has been legally promulgated.
A tariff prepared by sworn and disinterested officials is more likely to
be just than one prepared by interested railroad men, and railroad
companies should be compelled to adopt it and continue it in use until
it is amended or revoked by legal authority.
Public-domain text, read in full here on John Shaqi.
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