The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
History
The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
1. From 1887 Congress, by the act then passed "to regulate commerce"
through all of its amendments to that act, including the act of June
29, 1906 (which was passed after the most elaborate investigation of
the entire subject and the fullest debate), has adhered to a fixed
policy in its legislation upon this subject. It has declared its
constitutional right to regulate the transportation of persons and
property in interstate and foreign commerce, while, at the same time,
it has recognized the right of the owners of the instrumentalities
of commerce to control and manage their properties subject to the
supervision and limitation imposed by the regulating statute, that
the charges, fares and rates must be fair, just, and reasonable;
that neither discrimination as to person or place must be found in
the schedules; and that no device of any character should result in
unlawful preference between shippers.
It has in all these acts recognized the right of the responsible
managers of the transportation interests of the country to fix
the rates for transportation, as upon its revenue must rest the
efficiency of its service to the public and the value of its property
to its holders, subject only to those wise limitations which prohibit
the exercise of these property rights to the injury of the public.
Congress has appreciated the magnitude of the vast interest affected
by such legislation. With 230,000 miles of track, with millions of
rates published in accordance with the statute, with changes of rates
numbering between 600 and 700 a day, and reaching the enormous sum of
225,000 a year, it has, with the practical experience of twenty-two
years, refused to take the initiation of rates from the carrier and
impose it upon its administrative tribunal. Congress and the Supreme
Court have adopted the construction of the act to regulate commerce,
announced by Judge Jackson (Interstate Commerce Commission _v._ B. &
O. R. R. Co., 43 Fed. Rep., 37, and affirmed, 145 U. S., 263):
Subject to the two leading prohibitions that their charges
shall not be unjust or unreasonable, and that they shall not
unjustly discriminate, so as to give undue preference or
disadvantage to persons or traffic similarly circumstanced, the
act to regulate commerce leaves common carriers as they were
at the common law, free to make special contracts looking to
the increase of their business, to classify their traffic, to
adjust and apportion their rates so as to meet the necessities
of commerce, same principles, which are regarded as sound, and
adopted in other trades and pursuits.
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