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 assertion is often made by railroad managers that railroad
transportation is a private business as much as any other branch of
commerce. It is not likely that these same managers would wish to have
their argument carried to its logical conclusion, for, should the courts
at any time take their view, they would be under the necessity of
declaring null and void all their charters, which were granted to them
upon the assumption that the railroad was a highway operated under the
authority and control of the State by private companies for the public
good. If, on the other hand, railroad managers are, for their own
protection, forced to recognize the public character of railroads, they
can no longer question the right of the State to so control their
business as the public good may demand. And this shows the absurdity of
the claim often made by railroad managers, that, as long as the rates
charged by them are reasonable, the State has no right to interfere with
their business, or, in other words, that they may discriminate between
individuals and localities, and that they may legally practice a
thousand other abuses as long as individual shippers find it beyond
their power to prove that they have been charged exorbitant rates.
Charles Fisk Beach, Jr., in his "Commentaries on the Law of Private
Corporations," lays it down as a general principle of law that "whenever
any person pursues a public calling and sustains such relations to the
public that the people must of necessity deal with him, and are under a
moral duress to submit to his terms if he is unrestrained by law, then,
in order to prevent extortion and an abuse of his position, the price he
may charge for his services may be regulated by law." And applying this
principle to common carriers, and especially railroads, this author
says:
"The sovereign has always assumed peculiar control over
common carriers as conducting a business in which the public
has an interest, and in the case of railway carriers an
additional basis of governmental control is grounded in the
extraordinary franchise of eminent domain conferred upon
these companies. For corporations engaged in carrying goods
for hire as common carriers have no right to discriminate in
freight rates in favor of one shipper, even when necessary
to secure his custom, if the discriminating rate will tend
to create a monopoly by excluding from their proper markets
the products of the competitors of the favored shipper."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account