The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
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The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
To what extent does the law really require equality? The Railway
and Canal Traffic Act, 1888, enacts in substance that a railway
company shall not make any difference in the treatment of traders
which shall amount to an undue preference. It permits the grouping
of places situated at various places from any point of destination
or departure of merchandise, provided that the distances shall not
be unreasonable, and that the rates charged and the places grouped
together shall not be so grouped as to create an undue preference.
Now, in this legislation there is no definite or tangible principle.
The Legislature has not really made up its mind how traders should
be treated. It simply says that any preference given to one trader
over another shall not be undue, but the interpretation of the word
undue is left open. The prohibition of undue preference only applies
to the actions of one company on its own railway, and, therefore,
covers but a small part of the matter. A trader desiring to have his
goods sent to some market which is prejudiced by the competition of
goods carried to the same market from some other place by some other
railway which, for some reason or other, good or bad, gives better
treatment to its customers--a prejudice far more likely to happen,
in fact, than one arising from differences in treatment on the same
railway--is not protected or assisted by any legislation.
The question may be asked whether national railways would or could
cure this somewhat indefinite position?
If railways were nationalized, would it not be necessary, and would
it be practicable to settle the principles to be applied in treating
different districts in competition with one another? At present there
are no principles if the districts are served by different railways.
If one railway serves two districts, the law provides that such
railway shall not mete out unequal treatment so as to constitute
undue preference, whatever that may mean, but if these two competing
districts are served by different railways, the law shrinks from any
interference.
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