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
Individual shippers are powerless as against strong corporations.
Railroads apply to the courts for what they are pleased to term redress,
and in the meantime refuse with impunity to accept an official tariff;
but the shipper has no protection: he must pay their rates or go out of
business. What reason can be assigned why the weaker should thus be
discriminated against? A promulgation of a tariff prepared by a
commission is equivalent to a declaration on the part of these officials
that the rates or some of the rates charged by the railroads are
unreasonably high. The railroad, in applying to the courts for
protection, claims that the tariff prescribed by the commission is
unreasonably low. Both tariffs are therefore impeached, one being that
of an interested private company, the other that of a disinterested
public board. It is evident that, even if the people should see fit to
give the courts jurisdiction in such controversies, one of these tariffs
must temporarily prevail pending the decision of the court, and sound
public policy and justice to the patrons of the road certainly require
that the official tariff be recognized by the courts and made to be
respected by the railroad company until it is proved to be unreasonable
and is set aside by lawful authority.
It is claimed by railroad men that they should be allowed to make their
own tariffs because rate-making is so intricate a subject that none but
railroad experts can do it justice. If this were so the courts would be
even less competent to review a schedule of rates than a State or
National commission would be to make one. Courts cannot be expected to
have expert knowledge in all matters that are likely to be brought
before them. They must rely upon the testimony of expert witnesses
whenever technical questions are involved in the determination of cases.
The identical sources of information from which courts draw are
accessible, or may be made accessible, to a commission, which has the
additional advantage that its members may be selected with special
reference to their fitness for the duties which they will be called upon
to perform and are expected to devote their whole time to the settlement
of questions arising in the transportation business. Such a commission
can practically be made a court with jurisdiction over all matters
connected with railroad business. The railroad manager, no doubt, is
thoroughly familiar with the wants and desires of his company; but it
may fairly be presumed that he is less familiar with the needs of the
public than a railroad commission whose members are in constant
communication with the people, patiently listen to the complaints of
shippers, court and receive suggestions as to needed changes in
classification and rates, and study the relative advantages of the
different sections and different interests of the State or the country
as regards transportation. A railroad freight agent, on the contrary, is
Public-domain text, read in full here on John Shaqi.
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