The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
Impressed with the magnitude of the abuses involved, and the
hopelessness of regulation through state laws, the committee presented
a bill designed to bring about regulation on a national scale through
a federal agency. The resulting law was the Interstate Commerce Act of
February 4, 1887. It provided that all railway charges should be
reasonable and just; forbade the roads to grant rebates, or to give
preferences to any person, locality or class of freight, or to charge
more for a short haul than for a long one except with the consent of
the proper authorities; it made pooling unlawful; and it ordered the
companies to post printed copies of their rates, which were not to be
altered except after ten days' public notice. The act also created an
Interstate Commerce Commission of five members to serve six-year
terms, into whose hands the administration of the measure was placed.
Persons who claimed that the railways were violating the provisions of
the law could make complaint to the Commission, or bring suit in a
United States Court. In order that the Commission might know the
condition of the roads, it was given power to call upon the carriers
for information, to demand annual reports from them, and to require
the attendance of witnesses. If the railroads refused to carry out the
orders of the Commission, they could be brought before a United States
district court.
In forbidding pools, the Act committed the railroads to the policy of
enforced competition, a policy which was commonly accepted at the time
as the best one for the public interest. Such experts, however, as
Professor A.T. Hadley and Charles Francis Adams, Jr., raised important
objections. They cited the rate wars to indicate the results of
competition and declared that railroads ought to be monopolies. If two
grocery stores are established where trade enough exists for only one,
they asserted, the weaker competitor can close his doors and the
public loss is not heavy; but in the case of the railways a weak
competitor must continue business even at disastrously low rates
because all his interest charges continue and the depreciation on his
property is extreme. The construction of an unnecessary road and its
subsequent operation at a loss, its failure or its abandonment,
constitute a great drain upon the public. Such objectors contended
that pooling combinations did away with many of the evils of
cut-throat competition, and they accordingly urged that the carriers
be permitted to make such arrangements, under whatever government
regulation might be needed to prevent unreasonable charges. By such
means the available business of a region might be fairly divided among
the roads entering it, without resort to competitive rate-cutting and
its consequent evils.
Public-domain text, read in full here on John Shaqi.
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