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and the circumstances and method of charging and receiving the same.
By the first section the common carrier is
are substantially similar—that is to say, a carload or a trainload of grain is destined for the port of New York, either for the local market or for shipment abroad, what reason is there why a line of railroads bringing it here should be allowed to charge less in the aggregate from Dakota than from Minnesota, from Minnesota than from Illinois, from Illinois than from Ohio ? If it may charge as much for the shorter distance that is certainly as large a liberty as it can reasonably ask for. The restriction will have nothing to do with what may be charged for grain by the bushel or flour by the barrel between intermediate points.
“Low rates for cotton from the South to Northern distributing points are certainly an advantage, but it is no advantage to the South or the North that when it is to be transported under the same circumstances and conditions a discrimination should be exercised against certain shipping points and in favor of others at a longer distance from its destination. The charge for transporting by the bale between local points would be in no way affected. So, it is said, the development of the coal and iron interests of the South depends on low rates of transportation to or beyond the Ohio River. But the bill would certainly not interfere with such rates. They could be made as low as the railroads could afford or were willing to make them. Rates for iron or coal would not be affected by those for any other kind of property. Coal or iron sent by the trainload over through lines would not be affected by the rates of transportation of the same materials locally under different circumstances and conditions. The simple fact would be that the same line taking coal or iron by the car or by the train from one point could not charge more for the same service from another point at a greater distance from the common destination, or more from the same point to a nearer destination than to one more remote, the circumstances and conditions of the traffic being substantially similar.
“In short, we do not see how this prohibition as to the short and long haul, fairly construed and judiciously applied, can injure either
prohibited from charging any more than a reasonable and just amount for its services; by the second section the carrier is enjoined against unjustly discriminating against any of its patrons, by charging a greater or less compensation for similar services in other words, its rates must be uniform, the same to all, without any discrimination ; by the third section the carrier is prohibited from giving any undue or unreasonable preference to any individual, etc., or location, or particular description of traffic, or subjecting such individual, etc., locality, or particular description of traffic,
undue or unreasonable prejudice or disadvantage ; and by the fourth section the carrier is prevented from charging a greater or as great a compensation for a shorter than for a longer haul.
By the foregoing sections it will be perceived that Congress has not only limited or fixed the amount of compensation which a common car
the interests of the railroads, or those of the producers and shippers, or those of the business centres and seaports of the country. The outcry raised against it seems to have been partly the result of ignorance or misunderstanding and partly the outcome of an objection of railroad managers to any regulation of the liberty which they have so often abused to the injury of the country and even to the properties which they control.”]
rier may hereafter receive, by making it “reasonable and just," and leaving that question to be determined by the courts in the ordinary process of investigation ; but it has laid down rules which compel the carrier to make its rates uniform and unvariable, preventing all discrimination and exception, save so far as the Inter-State Commerce Commission may prescribe. Pools and Division of Earnings Prohibited.
Fourth : The fifth section of the Act deals with pools, and provides that it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any contract, agreement, or combination with any other common carrier. or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the 'pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offence.
It is not within the scope of this treatise to discuss the very important and difficult questions of the policy or public benefit growing out of railroad freight pools. Those
subjects may give rise to very interesting philosophical discussions, but they are not now germane because the Legislature has passed upon them, and by the section now involved has most emphatically condemned all railroad “freight pools”; nay, more, it has prohibited the division of the aggregate or net proceeds of the earnings of different and competing railroads, or any portion thereof. Combinations not to Make Carriage of Freight
Continuous, Prohibited. Fifth : The seventh section provides that it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time-schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, or stoppage, or interruption was made
in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this Act.
This section was evidently passed and should be read in connection with the first four sections of the law, and especially of the third section, and properly comes after the fourth. section, which relates to the short haul.
Exceptions from Operations of the Act. Sixth : By the twenty-second section of the Act it is provided : That nothing in this Act shall apply to :
ist. The carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments,
2d. Or for charitable purposes,
3d. Or to or from fairs and expositions for exhibition thereat,
4th. Or the issuance of mileage, excursion, or commutation passenger tickets ;
5th. Nothing in this Act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion,
6th. Or to prevent railroads from giving free carriage to their own officers and employees,