SECTION IX.

THE REAL BASIS OF RATES.

The Managers of English railways have not assumed that they could

fix rates on a “Scientific” or “Natural” basis. But they have

endeavoured, after consulting merchants, manufacturers and traders,

to fix such rates as were required to develop the largest amount

of trade; and it is submitted that they have been carrying out

principles which will, on the whole, bear the closest examination.

They probably have made mistakes, and in some cases entered into

undue competition with each other, or fostered it too much between

producers or ports. But the principles upon which they have

acted are sound; and the instances in which they have erred are

exceptional. It has been the aim of railway companies to make rates

conform to the requirements of trade, or, according to a popular

expression, to charge what the traffic will bear.[30] It is easy

to misrepresent this principle. The commonest misrepresentation

is to assume that it means charging what the traffic will _not_

bear. Rightly understood, this, it is contended, is the only fair

working principle; the only scientific rule, if that phrase has

any clear meaning. It is only another way of saying that rates

should be so fixed as to enable a manufacturer or a trader and

the railway company to obtain a reasonable profit, and that rates

should ultimately be determined by the law of supply and demand. The

value of conveyance, like the value of any other service, is not

necessarily what it costs, but what it is worth to him who wishes

his goods carried. On supply and demand, the available means of

transport and the demand for it depends what it is worth while to

give for carrying an article from A to B. Obviously the demand will

be affected by the nature of the merchandise. If it be of a costly

nature, such as manufactured articles, producers of it or dealers

in it can afford to pay a higher rate than if it were of low value;

a rate of 3d. a ton per mile, which might be prohibitive of the

carriage of sand or lime, would add to the value of silk or velvet

only an insignificant percentage.[31]

[30] In the Report made by M. Richard Waddington in the name of

the Commission of the Third System of Railway Tariffs, special

or differential rates are thus referred to. “These Tariffs are

established in compliance with a trade demand which varies, as

one can easily understand, according to the locality and district

concerned. Like intelligent merchants the administrators of the

railway companies have based their rate of charges on the law of

_Supply and Demand_....” The celebrated expression of M. Solacroup,

director of the _Orleans Company_, sums up the considerations which

led to the compilation of special tariffs. “_In the matter of

Transport Tariffs there is only one rational rule, viz., to ask of

merchandise all it can pay; any other principle is no principle._”

[31] It may be objected that under such a system companies might

extort exorbitant sums from traders who must send their goods. But

(1) the figures and returns referred to later on show that in fact

the companies have not made such charges, but have benefited every

industry as well as themselves; (2) the statutory maxima cannot

be exceeded; (3) at many points there is effective sea and canal

competition; (4) the result of increasing the rates to a height

which prevents the producer from earning a fair profit must, in

the long run, be to diminish the traffic of the railway; (5) there

is always a liability when, high rates exist that Parliament will

sanction a new line, even if the chances of its financial success be

not great.

The capital of English railways amounts to upwards of £800,000,000.

One of the problems to be considered is how to raise a revenue

sufficient to pay on this sum even a moderate rate of interest?

The Companies might perhaps obtain it by charging for conveyance

according to equal mileage rates or according to cost of service.

Following such a course they might probably levy charges which a

great portion of the traffic would not bear; they might charge, for

example, as much for a consignment of pig iron as for a consignment

of copper of equal weight carried equal distances--which is

generally what cost of service implies. If their sole object were

to obtain the necessary revenue, they might cease to regard the

effect of rates upon the interests of traders, districts, or ports,

and, while conforming to the statutory maximum, they might levy

rates detrimental to particular kinds of traffic. Their practice

has been altogether different: they have sought to give full effect

to the intention which Parliament had in view in framing the rude

statutory classifications. They have endeavoured to suit the charges

to the capacity of the traders, and in the words of Section 90 of

the Railways Clauses Consolidation Act of 1845, “To accommodate

them (the rates) to the circumstances of the traffic.” Such is the

only sound principle working to the interest alike of railways and

their customers. If rates were too high, and the traffic could not

bear them, traders would suffer; the companies themselves would

also suffer; their traffic would diminish, or would not expand as

it might do. Such was the principle, speaking generally, on which

the classification in railway Acts was framed. Such, too, is the

principle of existing rates, only instead of being an hypothesis

as to what will suit particular kinds of traffic, the existing

classification and rates are based on facts carefully ascertained,

verified by long experience, and corrected from time to time.

It is not unimportant to bear in mind that much the same principle

as that which we have discussed is applied in regard to indirect

taxation, or the taxation of commodities.[32] What an article will

bear--in other words what the owner can with convenience pay--is

a rule alike applicable to taxation and railway rates. In more

civilised countries articles of prime necessity are not taxed, or

very little; articles of luxury and of great value are taxed more. A

distinction is made between wheat and tobacco, sugar and wine; and

whenever it is practicable, without opening the door to fraud, to

put indirect taxes on _ad valorem_ basis, it is done. A similar rule

is observed, so far as possible, with respect to direct taxation.

Income tax, for example, is payable only by those whose incomes

exceed £150. An endeavour is made to obtain the revenue of the

country from the persons who can best afford to pay, and to levy it

upon articles, the taxation of which will, to the least practicable

extent, be a burden on the trade of the country. To fix railway

rates on any other principle than that described above would be much

like raising the national revenue from all persons alike, rich or

poor, to impose the Customs and Excise upon all commodities, whether

articles of luxury or necessity, and irrespective of their value.

[32] See Ricardo (Principles of Political Economy and Taxation, 3rd

Section, page 144): “Of all commodities none are perhaps so proper

for taxation as those which, either by the aid of nature or art,

are produced with peculiar facility. Taxes on luxuries have some

advantage over taxes on necessaries, they are generally paid from

income, and therefore do not diminish the productive capital of the

country.”

See also Leroy Beaulieu, _Science des Finances_, vol. i.

When railways were first authorised, it was everywhere anticipated,

strange though it may now appear, that the companies would be

merely toll takers, and that the public, or carriers, would use them

in the same manner as turnpike roads. Every railway was to be a

highway; every one of the King or Queen’s subjects was to be free to

use it. Many statutes bear traces of this, now apparently, curious

assumption. The private Acts, as a rule, contained no provision for

the companies themselves acting as carriers. The classification of

the articles to be carried and the tolls to be taken were borrowed

from the canal Acts. No very clear principle of classification ran

through the special Acts. The classification in the main, however,

probably accorded with the considerations pointed out by Adam

Smith, who drew attention to the inconvenience of levying tolls on

turnpike roads solely according to weight.[33] Speaking broadly,

the tolls were in accordance with the ideas as to indirect taxation

prevalent at the time when canals began to be largely constructed.

In the original classification one may trace a desire to encourage

agriculture, and the manufacture of iron, and such articles as

were, generally speaking, carried in large quantities. Articles of

general use in manufactures and raw materials were to be carried

cheaply. The omissions from the lists of articles are remarkable.

Such commodities as coal, iron ore, bricks, clay, manure, slates,

stone, bar and pig iron, heavy iron castings, anvils, chains,

timber, grain, flour, sugar, hides, dye-woods, earthenware, drugs,

cotton and wool, were enumerated. On the other hand, machinery,

hardware, hollow-ware, cutlery, glass, ale, wines and spirits,

grease, oils, soap, drysalteries, paints, colours, paper, leather,

floor-cloth, and textile fabrics, were not named; they came under

the general description of “manufactured goods, articles, matters or

things,” and might be charged the highest maximum rates. The special

Acts contained, as a rule, an enumeration of only 40 to 50 articles

in three to five classes.

[33] “A tax upon carriages in proportion to their weight, though a

very equal tax when applied to the sole purpose of repairing the

roads is a very unequal one when applied to any other purpose, or

to supply the common exigencies of the State. When it is applied to

the sole purpose above mentioned, each carriage is supposed to pay

exactly for the wear and tear which that carriage occasions of the

roads. But when it is applied to any other purpose, each carriage is

supposed to pay for more than that wear and tear and contributes to

the supply of some other exigency of the State. But as the turnpike

toll raises the price of goods in proportion to their weight, and

not to their value, it is chiefly paid by the consumers of coarse

and bulky, not by those of precious and light, commodities. Whatever

exigency of the State, therefore, this tax might be intended to

supply, that exigency would be chiefly supplied at the expense of

the poor, not of the rich; at the expense of those who are least

able to supply it, not of those who are most able.”--(_Wealth of

Nations._ Book 5 part 3.)

In a few years, experience proved that the theories on which

Parliament had proceeded were impracticable. In the first place,

the notion that railways could be used by all comers in much the

same way as canals or roads was found to be erroneous. Railway

companies accordingly applied, in their special Acts, for powers

not only to find locomotive power and wagons, but also to convey

traffic as common carriers. In 1845, the Railways Clauses Act (s.

86) authorised every company to convey on their railway all such

passengers and goods as might be offered to them for that purpose,

and to make such reasonable charges in respect thereof as might be

from time to time determined upon, not exceeding the tolls by the

special Act authorised to be taken. The special Acts contained,

as has been stated, imperfect classifications of merchandise, the

maximum rates chargeable for conveyance, and powers to charge for

loading, unloading, and other services incidental to the business of

a carrier. About 1845 a second great change in the mode of charging

for conveyance came to pass; and it is a circumstance worth noting

that about that date a similar change took place, without concert,

in France, Belgium and wherever railways existed. Up to that time

railways had, as a rule, acted on the principle of equal mileage

rates. This proved disadvantageous; it did not meet the requirements

of trade; it was particularly unsatisfactory to distant traders; it

prevented the opening up of new districts; and it needlessly limited

the amount of traffic.

About the time which we have mentioned, the imperfection of the

statutory classifications became manifest. Such rates as were

intended to be _ad valorem_ were not in fact on that basis; so

far as it was intended to favour raw produce this object was not

sufficiently accomplished. The advantages of differential rates, the

necessity of adapting charges to the traffic, the power of railways

to open up new districts, and develop new industries, began to

be understood. Accordingly the Legislature enacted the following

provision, the words of which merit attention:[34]

S. 90, “And whereas it is expedient that the company should

be enabled to vary the tolls upon the railway so as to

_accommodate them to the circumstances of the traffic_,

but that such power of varying should not be used for the

purpose of prejudicing or favouring particular parties,

or for the purpose of collusively and unfairly creating

a monopoly either in the hands of the company or of

particular parties, it shall be lawful, therefore, for

the company, subject to the provisions and limitations

hereinafter and in the special Acts contained, _from

time to time to alter or vary the tolls by the special

Act authorised to be taken, either upon the whole or

upon any particular portion of the railway as they shall

think fit_; provided that all such tolls be at all times

charged equally to all persons, and after the same rate,

whether per ton, per mile or otherwise, in respect of all

passengers, and of all goods or carriages of the same

description, and conveyed or propelled by a like carriage

or engine passing over the same portion of the line of

railway under the same circumstances, and no reduction or

advance in any such toll shall be made either directly or

indirectly in favour of any particular company or person

travelling upon or using the line.”

[34] In the same year a Statute (8 & 9 Vict. c. 28) was passed

giving canal companies powers to vary tolls in the same manner as

railway companies might. By 8 & 9 Vict. c. 42, which was passed the

same session, canal companies were authorised to become carriers on

their canals and “to make such reasonable charges for conveying,

warehousing, collection and delivery as they might respectively from

time to time determine upon, in addition to the several tolls or

dues which any such company or undertakers were then authorised to

take for the use of the said canals, navigations or railways.” Two

years later canal companies were authorised to borrow money for the

purpose of becoming carriers on their own waterways. (10 & 11 Vict.

c. 94.)

Personal preferences were forbidden. But the companies were to

accommodate their rates to the circumstances of the traffic, the

Legislature’s mode of expressing the rule that the traffic should

pay what it could bear; and within the statutory maxima, the

companies were to be free to alter their tolls as they thought fit.

How far this was altered by s. 2 of the “Railway and Canal Traffic

Act, 1854,” need not here be considered. It is enough to say here

that, so far as s. 90 was concerned, differential rates were not

only not prohibited, but distinctly sanctioned. S.90 required

equality only in regard to traffic “passing between the same points

of departure and arrival, and passing over no other part of the

line.”[35]

[35] Earl of Selborne in _Denaby Main Colliery Company_ v.

_Manchester Sheffield and Lincolnshire Railway Company_.--L.R. 11

A.C. p. 113.

Consumers may profitably bear in mind the report of the Select

Committee on Railways (Rates and Fares), of 1881-2. Whilst stating

“Your Committee cannot recommend any new legislative interference

for the purpose of enforcing upon Railway Companies equality of

charge.” They add: “Some of the inequalities of charges complained

of are to the advantage rather than to the disadvantage of the

public, where there is an _undue preference_ the law now gives a

remedy.” They also give the following illustration:--

“That Greenock sugar refiners should be in the same markets as the

sugar refiners of London, while it may be a grievance to London

refiners, must be an advantage to Greenock refiners, and cannot be a

disadvantage to buyers of sugar.”

It is added that the effect of interference with the freedom to fix

rates according to special circumstances would in this instance be

“to give a practical monopoly to the London sugar refiners who would

be the real gainers by the transaction. It does not appear to your

Committee that such a result would be either just or reasonable.”

For more than forty years railway companies have been conforming

to these principles. They have been developing long as well as

short distance traffic, and aiding the opening of new industries.

They have done so to their own advantage, for though the return

on the capital expended on railways has been small, it has been

obtained on a large volume of traffic. They have been able to

benefit the commerce of the country to a degree which would have

been impracticable if, instead of rates being elastic and freely

accommodated to traffic, the traffic had been forced to adapt

itself to the rates. Producers pay what they find it worth while

to pay; they pay no more. In framing the statutory classification,

the Legislature assumed that producers would probably find it worth

while to pay the authorised charges. The companies find out what

such producers can in fact pay, and what rates will best promote

traffic. What preferable rule could be substituted?

Railway Rates: English and Foreign · 第 9 / 17 章