The main difficulty with any system of basing points or lines, which

so flagrantly violates the distance principle, is first of all to

determine at what points to base; and thereafter to accommodate the

system to the normal growth and development of the country. The system

is inelastic. It tends to break down of its own weight. It must

enlarge, if at all, by fits and starts, in each case with violent

dislocation of trade. A generation ago towns in Iowa complained that

the Mississippi river was a basing line. Then, when the Missouri river

line was substituted, an outcry rose from all the points in Nebraska.

The persistent complaint from Denver against its rate adjustment as

compared with Kansas City,--a competitive distributing centre,--well

exemplifies it. The Denver Chamber of Commerce intervenes, and proposes

that the basing line be moved from the Missouri river out to Colorado

common points (like Denver). Indeed, in each case the argument in favor

of the change is identical. Each tier of complainants--thriving cities

which have recently come to more or less commercial maturity--plead

their inability to compete with the centres adopted some years ago for

basing purposes. Denver, for example, wishes to sell goods throughout

Utah. But its total charges there on goods purchased in the East amount

to eighty cents from Chicago to the Missouri river, plus $1.25 on to

Denver, plus $1.64 on to destination,--a sum of $3.69 per hundred

pounds. The Kansas City dealer, on the other hand, gets a low base

rate of only eighty cents with a single additional rate directly out

to Utah of $2.05. In other words, the latter can lay down his goods

in Utah for $2.85 as against $3.69 paid by the Denver competitor. The

point to be carried forward, however, is not so much the disparity

against Denver, as the fact that the moment Denver is promoted to be

a basing point it becomes defendant in a complaint of precisely the

same sort, brought by the places still further west. This inelasticity

of basing point schemes, together with their inability to expand

without abrupt dislocations of trade, is apparent everywhere in the

South. Just as Chattanooga complains against Nashville, so the little

intermediate stations between Chattanooga and Atlanta, as our diagram

on page 240 showed, become restive under rates of $1.27 as compared

with a rate twenty-one cents lower charged on to Atlanta. The system of

basing points or lines may be an inevitable concomitant of industrial

immaturity; but it is none the less difficult to defend as a permanent

system or as one inherently just. And its final relegation to the scrap

heap, in favor of a system of rates graded more or less according to

distance, is ardently to be desired.[226]

* * * * *

Does a constant rate applied over a long stretch on the same line

constitute local discrimination? May the nearer points rightfully

protest against the fact that equally low rates are accorded to remoter

points? This is the gist of the controversy in the very suggestive

Milk Rate cases in 1897.[227] Here the conflict of interest between

producer and consumer is obvious. The city of New York naturally

desires a wide market from which to draw its supply. On the other hand,

the nearby producers wish to enjoy the advantages of nearness to the

market to the fullest degree. Study of the evolution of rate sheets

clearly shows how such grouping of charges over long distances may be

in the nature of a compromise to avoid actual violation of the long and

short haul principle. Oftentimes places scattered along over a hundred

miles of railroad enjoy absolute equality of charges. Obviously, the

ton-mile rate steadily falls within such a group with progressive

remoteness. Yet it is an inevitable feature of tariff building.[228]

It is the kernel of the admirable trunk line rate system. Such an

equalization of rates between points unequally distant from a given

centre, not infrequently arises in connection with mere competition of

transportation routes. Referring back to the diagrams on page 219, it

may happen that a complainant at X, the nearer point, recognizing the

inevitableness of a low rate at Y, may succeed in securing an agreement

that, while its charges cannot be less than at Y, at least they shall

not be more. This was all that was asked in the "rare and peculiar"

case of Youngstown, Ohio.[229] But it is apparent that such a solution

differs only in degree from those previously discussed. The question of

principle remains the same. The roundabout route to New York up back

by way of Youngstown could continue to compete at Pittsburg for as low

a rate as on direct shipments, even if it observed the long and short

haul principle to which the Pennsylvania direct route was committed,

only by charging much lower rates per ton mile on Pittsburg traffic

through Youngstown than was levied on business there originating. This

raises precisely the same question of distribution of joint expenses

between local and competitive traffic, already discussed. In certain

contingencies under the second variety of the oyster cases, such a

solution might apply. Would Chattanooga, for example, assuming it to

belong in the second class of oyster cases, be contented with an

equality of through rates with Nashville, leaving its local rates out

to smaller towns as they are?

The most extreme instance of uniform or postage-stamp rates applied

over long distances occurs in the transcontinental tariffs from

different points in the East. These differ radically from the

adjustment of rates between different points on the Pacific slope,

already described. At the far western end the lowest rates are accorded

to coast cities, because of water competition by sea. Rates to interior

points progressively rise by the addition of locals inward toward the

interior. The rates thus compelled by water competition are accepted

by the all-rail lines. Thus the Pacific coast end is practically built

upon a basing line. It might be expected that in consequence of water

competition by sea a similar system would prevail at the eastern end

of the line; that rates to the Pacific coast from interior cities

would rise progressively according to distance inland, until at all

events the direct all-rail charge became as low as by the combined

rail-and-water rates. But such is not the case, and for two reasons.

The first is that in the East interior cities are large and powerful

factors in trade. There were no such interior cities in the Far

West, until Spokane came into its own. These inland eastern cities,

Pittsburg, for example, demanded equality of opportunity with the

seaboard cities in Pacific coast trade. They succeeded in obtaining it

by a grant of as low rates as New York or Boston enjoyed. In the second

place, all the Pacific coast carriers enjoy monopoly as far east as the

Missouri river. But east of that line there are many routes interested

in middle western cities, but having no interest in those in the East.

They, too, have insisted upon giving their clients in such places as

St. Louis and Chicago as low rates as Philadelphia or New York. Little

by little the equality of rates was extended until for many years

the blanket rate has covered the entire United States east of the

Mississippi river.

Does not this constitute local discrimination against the middle

western cities? This was one of the main contentions in the St. Louis

Business Mens' League case. Being one thousand miles nearer San

Francisco, it demanded recognition of that fact in its tariffs. The

difficulty is accentuated when both eastern and western point rates

are considered together. St. Louis enjoys no lower rate than New

York, although one thousand miles further east; and inland points in

the Rocky mountain area may be one thousand miles further east than

San Francisco and yet pay a higher rate. Thus it is possible to lop

off one thousand miles at each end of the line without affording any

recognition of it in the tariffs. The situation is too involved to

discuss in detail in this place; but one finds it difficult to avoid

the conclusion that the whole system will demand revision before

long. Geographical conditions are immutable. Trade conditions are

not. Perhaps it was inevitable that the former should by force of

circumstances have been somewhat overlooked during a period of rapid

growth. But, as commercial affairs approach a condition of stability

and permanence, the matter will call for most careful examination.

[Illustration]

Constant rates applied over long distances on the same line almost

inevitably tend to pass over into a system of equality of rates over

_different lines_.[230] The necessity was evident enough in the

Milk Rate case. This phase of the matter may theoretically best be

discussed by reference to the following diagram. Suppose A, B, C, and

D to represent any four inland "common points." It remains to show

how it comes about that they all finally enjoy equal rates to all

four seaports, regardless of location. Each appears to be naturally

tributary to some one of the seaports by a dominant or short-line

route. In each instance this route properly rules the rate. Moreover,

the four seaports may be considered for traffic purposes as equally and

interchangeably distant from one another without regard to location.

This follows from the fact that, except in extreme instances, rates

by water do not vary according to distance, so small is the cost of

mere propulsion by comparison with the terminal costs. In other words,

the rate is the same from Wilmington to Brunswick or Savannah as to

its next neighbor Charleston. From this it follows, further, that

Wilmington, Savannah, and Brunswick can all reach B--the point to which

Charleston is nearest--on even terms. They may each have a direct line

to B; but, as compared with a possible combined low water rate to

Charleston and a low direct rail rate inland to B, the Charleston route

may be at least able to hold its own. All three outside competitors,

then, are on even terms with one another in respect of access to B.

But how does Charleston stand towards B as against the field? We have

already concluded that a roundabout route must be allowed to meet,

though not to undercut, the ruling rate. Such a roundabout route from

Wilmington on this diagram to its own natural tributary A could be, and

as a matter of fact is, made by passing around by way of Charleston

or any other seaport. Charleston wishes to share in this trade at A,

and may reach it by similar tactics. It stands towards A precisely

as Wilmington stands towards B. They finally agree to enjoy both A

and B on even terms. But, as we have already seen, the admission of

Wilmington to B is equivalent to the admission of all the rest. Whence

it comes about that all four establish B as a "common point." And of

course the same procedure fixes all the others, A, C, and D in the same

way. In the Savannah Fertilizer case[231] it appeared that there were

no fewer than 148 points in ten states from Louisiana to Kentucky,

to which rates on fertilizers were absolutely the same from each of

the four seaports. The degree of local discrimination of course was

negligible at the remoter places; but it augmented in proportion as the

immediate neighborhood of each seaport was approached. The apparent

anomaly was greatest in a north and south direction along the seacoast.

Thus Dinsmore, Florida, was 275 miles from Charleston and only 160

miles from Savannah, yet the rates from both points were the same. The

governing feature usually was the entire equality of coastwise water

rates, regardless of distance, which in turn compelled the land lines

to follow suit.

The Cincinnati Freight Bureau case, otherwise known as the Maximum

Freight Rate case,[232] affords the best example of the difficulty in

practice of adjusting rates over different and widely separated lines

on a distance basis, in order to satisfy the demands of commercial

competition. Atlanta, Georgia, the key to the southern market, is 876

miles by rail from New York, but only 475 miles from Cincinnati and 733

from Chicago. In other words, Cincinnati is fifty-four per cent. as

far from Atlanta as is New York; and even Chicago is only eighty-four

per cent. as remote. In general, this valuable southern territory, on

the basis of mere distance, is really nearer to the leading middle

western cities than to those on the Atlantic seaboard. Yet this

geographical situation is not reflected in the railway tariffs. Rates

from the West, especially on manufactures, were much higher, always

relatively and often absolutely. Thus first-class goods in 1894 paid

$1.47 per hundred from Chicago (733 miles), while from New York

(876 miles) the rate was only $1.14. At points like Chattanooga the

disparity was even greater. This city is only 595 miles from Chicago

as against 1,060 miles from Boston. Yet the rates were actually lower

($1.14) from New England than from Chicago ($1.16). The principal

reason for this of course was the cheap coastwise water competition

by way of Charleston and Savannah. The eastern all-rail routes could

charge no more than the combined rail-and-water lines. The difference

in relative cost of operation by water was recognized by means of

so-called "constructive mileage." From New York to Savannah by sea is

about 750 miles; yet the allowance to the steamers was proportioned

upon a distance of only 250 miles. Water cost was thus fixed by

comparison with rail cost in the proportion of one to three. Yet, even

with this allowance in favor of eastern cities, New York remained more

distant from Atlanta than Cincinnati; the "rate-making" distance from

the former being 538 miles as against only 475 miles from Cincinnati.

The arbitrary reduction of the New York distance left Chicago more

remote (733 miles), but not in so great degree as its tariffs implied.

These tariffs were also peculiar in another regard. The handicap

against the western cities was much higher in respect of manufactures

and high-class freight than upon foodstuffs and raw produce. This in

turn was clearly due to a long-established agreement between the lines

east and west of the Alleghanies, as to a division of the field.

Originally each set of lines was harassed by roundabout competition

from the other. Western foodstuffs and raw produce were reaching the

South by way of the Atlantic seaboard; and eastern manufactures from

New York, for instance, were rambling about over western lines in order

to reach places like Atlanta and Augusta, naturally served by direct

routes from the East. The agreement to divide the field, dating from

1878, steadily became more irksome, however, to the West, with the

development of manufactures of its own. The problems raised by this

change are too large to be considered here. The main question for

the present inquiry is as to the relative fairness of rates from two

widely separated centres to a common market, those rates not being

proportioned to distance. The final settlement of this knotty question

is suggestive of the extreme difficulty of attempting to apply mileage

or distance rates over different railroads too rigidly. The complaint

being as to relativity, there were only two possible solutions.[233]

One was to increase the eastern rates, the other to order a reduction

of the charges from the West. The former course was impossible, owing

to the presence of water competition by sea, not under control. The

latter alternative was, therefore, chosen by the Interstate Commerce

Commission in its decision in 1894. The rates from western cities were

always composed of two parts. The charge from the Ohio south was kept

distinct as a local rate. The other portion of the rate applied from

Chicago, for example, down to the Ohio river. Of these two parts, the

trunk line portion appeared reasonable enough. It was the southern

local, often one hundred per cent. higher than the other, which seemed

most unreasonable; and which, according to all appearances, had been

used to bring about a closure of the market to western manufactured

goods. Consequently the Commission ordered a reduction of the southern

local rates, cutting them drastically, but leaving the northern

locals unchanged. This decision was never carried into effect; as

the Supreme Court of the United States held the Commission to have

no such rate-making power. Nothing was done apparently to remedy the

disparity in charges against the West, although the railroads serving

that territory urgently pressed for action. Every time they threatened

a reduction of their western rates, the eastern line came down in

proportion. This left the relative rates as before, although the

general scale would be lower all round.

At last, in 1905, the eastern lines from Baltimore south agreed to

permit a reduction of five cents in the rates from western cities by

lines _north_ of the Ohio river; but they refused to accede to any

change in the rates from the Ohio south. This was the exact opposite

of the Interstate Commerce Commission's proposition, although both

plans were intended to compass the same object; namely, to place

western shippers more nearly on a parity with the East. The Commission,

in 1894, laid all reduction upon the southern portion of the rate;

the railroads, in 1905, placed it all upon the northern part. This

obviously afforded no relief to the original complainant, Cincinnati.

In fact, it actually operated to its great disadvantage, inasmuch as it

let its two powerful rivals, Chicago and St. Louis, into the southern

field on distinctly more favorable terms. Such was the outcome as a

result of the friction of railroad competition. The reasonableness of

some reduction was clear. But to the layman, the fairness of laying the

reduction entirely upon the northern locals, already relatively low,

instead of upon the extremely high southern part of the rate is not by

any means so clear.[234]

One further detail of this adjustment of southern rates raises a

question:

"Rates between Richmond, Virginia, and Atlanta, Georgia, are

less than the rates between Richmond, Virginia, and Greenwood,

South Carolina (an intermediate point). This is due to

indirect competition between Richmond and Western jobbing

points; and in order to permit the jobber or manufacturer

in Richmond to do business as against his competitor in

Cincinnati, it has been necessary to fix the rates from

Richmond to Atlanta with some reference to the rates from

Cincinnati to Atlanta. At Greenwood, South Carolina, we find

that the Cincinnati shipper pays a very much higher rate than

to Atlanta, and that the rates from Richmond are already

sufficiently low to enable the Richmond shipper to compete at

Greenwood with the Cincinnati shipper."[235]

Is this not in a measure well described in the passage, "unto him that

hath shall be given; but from him that hath not, shall be taken away

even that which he hath"? This railway argument contains dangerous

possibilities. In effect, upon the theory of charging what the traffic

will bear, it means that a railway (in this case the Seaboard Air

Line) may increase its own local rates, not in proportion to the

length of its own haul (from Richmond to Greenwood), but according

to the remoteness of that local point from another competing market.

The inevitable effect of the general adoption of such a policy must

be to erect arbitrary barriers to the free and widespread movement

of commerce. The great advantage of the flat rate or of commodity

rates is that, placing all competing centres upon an absolute parity

irrespective of distance, they encourage the utmost freedom of trade.

* * * * *

Certain general conclusions seem to be warranted by the analysis

of these cases of local discrimination. The first is that they all

show the extreme delicacy of commercial adjustment and the existence

of conditions well beyond the control of the carriers, jointly or

singly. Trade jealousies in particular--the rivalry of producing and

consuming centres--render relativity of rates of paramount importance

to shippers. This class in the community is interested comparatively

little in the absolute level of rates, that being more directly the

concern of the general consuming public. To the public, as represented

by State and Federal legislatures, it is difficult to make these

complicated matters of commercial competition clear. The only basis

of rate making that is easily understood is one founded in general

upon the distance principle, or, in other words, correlated with

considerations of cost of operation. Any departure from this basis is

apt to breed suspicion, and at all events puts the carrier upon the

defence. It is bad policy, in their own interest, for railroads to

permit a continuance of such violations of the distance principle in

their general tariffs (commodity rates as a special resource to meet

the special needs of commercial competition may be set aside), except

in extreme cases. This was recognized by the trunk lines when they

almost unanimously acquiesced in the long and short haul provisions of

the Act of 1887. The people of the United States have the same right

that they had then, to expect that at the earliest possible moment

the wise provisions of the trunk line rate adjustment shall be widely

accepted in the West and South. Whether those regions, and the railways

that reach them, have yet sufficiently developed to warrant the change

is a matter requiring careful consideration in detail.

The necessity of some exercise of governmental control over these

carriers of the country, in order to mitigate, if not to eliminate,

local discrimination as far as possible, is evident. Many of the

instances previously cited have clearly shown how impossible it

often is for any railroad, single-handed, to deal with an involved

situation in a large way. Take the Cincinnati Freight Bureau case, for

instance. Conceding, as many would, the claim of western cities to some

readjustment of tariffs in their favor, is it not an anomaly that the

lines south from Baltimore, several hundred miles away, should finally

dictate the means to be employed to remedy the situation at Cincinnati

and Chicago? Who else but the Federal government could ever hope to

disentangle the almost hopeless snarl of competition involved in the

controversy over differentials to and from the Atlantic seaboard?[236]

This controversy is at bottom one of local discrimination. And yet

how is the Interstate Commerce Commission to aid in the solution of

these intricate problems under present conditions? Its hands formerly

doubly tied, are now in part freed by rehabilitation of the long and

short haul clause. But it cannot yet deal with minimum rates, nor is

it clear that it can prescribe differential rates.[237] True, the

commission may, in some cases, accomplish by indirection its purpose of

establishing a proper relativity between rates through the exercise of

its newly granted power to fix maximum rates. This, as we shall see,

was done in the recent Spokane and Denver decisions. Holding that the

charges at interior points were out of line with through rates to the

Pacific coast; and being unable to govern the long-distance tariffs,

it simply ordered a reduction of certain rates at Spokane and Denver

as inherently unreasonable. This solution is not, however, always

practicable. Not infrequently the lower rate at the remoter point will

drop as soon as the intermediate rate is lowered. Thus the former

relativity of charges is re-established on a generally lower scale. The

complaint in the Eau Claire lumber case required the exercise of such

power over minimum rates, in order to remove the disability against a

particular centre. And then, finally, it is indubitable that commercial

competition as a "compelling" factor has been somewhat over-emphasized

by the railroads. Too often conditions in part brought about by

themselves, or in which at least they have acquiesced, have been set up

as a defence for rates favoring certain points. This is especially true

of the southern basing point cases.[238] Whether any further grant of

powers to the Interstate Commerce Commission by Congress is necessary

at this time in order to enable progress to be made in this connection,

it is as yet too soon to predict. The course of affairs for the next

few years will at all events bear attentive watching.

* * * * *

In the case of competition between a direct and a longer, more

roundabout line, which one "controls" or fixes the rate? It is an

important matter, involving as it does the economic, if not the legal,

right of a carrier to participate in any given traffic. Concerning this

question the greatest diversity of opinion prevails. On the one hand,

both writers[239] and practical railway men[240] aver that the short

line makes the rate, while the long line merely meets the rate thus

made. This is probably the more prevalent opinion. Yet expert evidence

of an opposite sort is to be had for the seeking. The Interstate

Commerce Commission has repeatedly held that the short line is at

the mercy of the longer line under certain circumstances;[241] and

traffic managers not infrequently plead their inability to control rate

situations in the face of irrepressible, roundabout competition.[242]

There is evidently a confusion of thinking, or else a loose use of

terms where statements are so conflicting. As a matter of voluntary

agreement among roads, or of prescribed rates under government

regulation, the issue often assumes the form of controversy as to

whether a road operating under a physical disability shall be permitted

to participate in a given business by a concession in rates or not.

Thus in the notable Milk Rate cases it was a question whether roads

with heavy grades should be allowed to make concessions in rates. This

issue really also underlies the question of enforcement of the long

and short haul clause. In the recent Spokane case the Harriman lines to

St. Paul asked that they, being long lines, should not be compelled to

reduce their rates to the figure prescribed for the direct Hill roads.

It is clear in the first place that "short line" and "long line" are

merely used as convenient terms to designate differences in the cost

of operation. This was well put by James J. Hill before the Elkins

Committee of 1905.

"We will say that the distance from Cincinnati to New York is

800 miles, and that they haul 800 tons behind one locomotive

on one per cent. ruling grades. Now somebody else builds a

road with a 0.3 grade, and he can haul 2,000 tons--twice and

a half the amount; but that line is 200 miles longer. You can

see readily that to move a given number of tons the second road

runs less than half the train miles, so that the farthest way

round is the nearest way home in that case."

The problem should really be stated thus in terms of cost not of

distance. Suppose the roundabout line to be in part or wholly by

water, as in competition between the transcontinental roads and the

Isthmian or Cape Horn routes, or as between the direct all-rail line

from Boston to Nashville, Tenn., and the steamer line from Boston to

Savannah, and thence up to Nashville by rail. In such cases the rail

lines allow the water routes a differential or constructive mileage in

recognition of their relatively cheaper per mile expenses of operation.

The differential may sometimes exist, where, judging by the bulk of

traffic the advantage, irrespective of the differential, lies with

the line giving the lower rate. In other words, as measured by volume

of business, the stronger line and not the weaker one enjoys the

benefit of the differential. This is the case in the coastwise traffic

between Atlantic and Gulf ports; where the bulk of the tonnage goes

by steamer and at lower rates than by all-rail lines. The difficult

point to settle in all such cases is whether the allowance is made as a

voluntary _concession_ to the roundabout line because it _costs_ more

to operate; or whether it is a toll or tribute, because, irrespective

of the cost, the long line rate is made on the basis of value of

service. The problem, then, resolves itself into this: how far in

practice does cost of operation really "control" the rate in cases of

competition between two lines differently circumstanced in this regard?

If cost is of fundamental importance, the "short line," using the term

as above said in a figurative sense, "controls" the rate. If cost is

an entirely secondary matter, rates being made in accordance with

considerations of value of service, the "long line" holds the upper

hand, and the short one is at its mercy.

It is important, moreover, in the comparison of costs of operation,

to keep in view the interrelation between fixed charges and operating

expenses. This point is often neglected. Any well-considered outlay

upon permanent improvements, of course, increases fixed charges

according to the extent of the new capital investment; but at the

same time it presumably lessens the direct cost of operation. The

interest upon funds spent for heavier rails, reduction of grades,

straightening of curves, better terminals or heavier rolling stock,

must be set over against the direct economies resulting from heavier

train loads, lessened expenditure for wear and tear, for accidents and

claims or for wages. This relation between current expense and capital

cost was clearly emphasized in an arbitration decision by the late S.

R. Blanchard, already cited in another connection. Two roads were in

competition for business at New Orleans. One had costly but convenient

terminal facilities. The other was so far from the heart of the city

that the drayage expenses were an important item. This second railway

began by offering free cartage to shippers in order to even up with

its more favored competitor; but this soon gave way to the practice of

private teaming by shippers with an allowance on the freight bill for

"drayage equalization." The other road objected to this on the ground

that it constituted a virtual rebate; that in other words the weaker

line was taking business at an abnormally low rate. The arbitrator,

however, upheld the practice, on the ground that the heavier operating

expense for cartage was merely an alternative for increased interest

charges, had the road elected to construct costly and more convenient

terminals. One road virtually paid money for team hire, the other paid

it in interest on bonds.

Analyzing the main question two propositions are certain. Firstly,

the long line can never charge _more_ than the short line; whence it

follows that as the short line reduces its rate, the long one must

accept that rate as made; and, secondly, the long line, costing more

to operate, is, in the process of reduction of rates, bound to be

the first to strike the bed-rock of cost incident to that particular

service. To go below this point of particular cost would obviously be

indefensible from every point of view. The general rule, then, is that

"the short line rules the rate." This is accepted widely in practice,

as for example throughout trunk line territory and between the

so-called Missouri-Mississippi river points, where the short line from

Hannibal to St. Joseph determines all rates by longer routes.[243] But

the problem yet remains unsolved. The long line may never be able to

charge _more_ than the short line--may it, however, charge _less_ under

certain conditions? The moment it is enabled to do so, the long line

and not the short line, for the moment, "controls the rate." If, now,

we use the technically proper terms, the question becomes this: Under

what circumstances is average cost of service in railway competition

set aside in favor of other considerations; or, otherwise stated, when

may a line, operated under a disability as to cost, properly give

a lower rate than its competitors notwithstanding? Does disability

justify a handicap or the reverse? This was the form which the question

assumed in the notable Milk Rate case: as to whether the weaker lines

in respect of distance or grades should be allowed compensation

therefor by permission to charge higher rates.

One of the common instances of rate control by a line operating

under a disability as to distance or normal cost is the competition

of a bankrupt with a solvent property. The "roundabout" line, like

the Erie or the old New York and New England, having repudiated its

fixed charges, undoubtedly "makes" the rate which the other roads must

meet or lose the traffic. Usually they prefer to absorb or control

it otherwise, financially, thus substituting monopoly for a ruinous

condition of competition. Yet such instances resolve themselves,

evidently, into questions of relative cost of operation after all. The

bankrupt road holds the whip hand, because, having repudiated its fixed

charges, its average costs of operation are correspondingly reduced.

The validity of operating cost as a basis of charges is surely not

shaken by this exceptional case.

The relative proportions and the distribution of local and through

traffic upon two lines of differing length in competition with one

another are primary factors in determining the ability of either one

to "make the rate." This is, of course, especially true under the

operation of any long and short haul law, under which any reduction

of the competitive rates would necessitate a lowering of the charges

at intermediate points. No road is going to sacrifice lucrative rates

upon a large volume of local traffic unless it can gain either a large

volume of business or a very long haul from a competitive point.

Many of the notorious rate disturbers in our industrial history have

been "short cut" roads--the shortest lines between given important

points, regardless of the nature of the intervening territory--like

the old New York and New England, the Erie or the Canada Southern.

Other roads, like the Chicago Great Western or the Central Vermont,

were more roundabout, and yet enjoyed but little local business,

depending almost exclusively for their livelihood upon long hauls

between termini. On the Central Vermont at one time, through business

constituted seventy-nine per cent. of the total; and only five per

cent. was strictly local in origin. On the other hand, the Louisville

& Nashville, in its original petition for exemption from the long

and short haul clause, stated that eighty per cent. of its income

was derived from local business. This consideration, as applied to

competition between the two primary trunk lines, may not be without

significance. As compared with the Pennsylvania Railroad, rich in

local business, the New York Central, running along the narrow Mohawk

and Hudson valleys, has not inaptly been described as operating

"between good points, but not through a good country." Under a strict

enforcement of the long and short haul clause, the dilemma on the

former road would be more serious than on the latter. To choose

between its rich local traffic in iron and steel or coal and the long

haul business from the West, would be a more difficult matter for the

Pennsylvania, than for the New York Central management to weigh its

through grain business against the local traffic from interior New York

points.

In one way the persistence of locally high rates in the South and West,

irrespective of the low charges at competitive points, is defensible on

the ground that local business is scanty.[244] The roads cannot live

upon it. Their mainstay is the long-distance traffic from important

points.[245] On the other hand, where there is no obligation to

maintain a distance tariff, of course the road with rich local business

enjoys a great advantage in making rates at competitive points. It

can practically subsist upon its revenue from its own particular

constituency, meeting all its fixed charges thereby; and can afford to

cut rates on the competitive tonnage down to the bone. Such a road,

quite irrespective of the length of its line, would obviously "control"

the rate at competitive points, as against any rival without such a

subsidiary and independent source of income.[246]

Volume of traffic is another fundamental element in the determination

of cost of operation. No matter how short the line or how easy its

curves and grades, unless it can handle its tonnage in large bulk

it will operate at a disadvantage. Hence a most important factor to

be reckoned with, in deciding which of two competing lines is in a

commanding position as to rates, is the volume of traffic, both in

gross and as susceptible of concentration on either line. In the

notable Chattanooga case, for example, although the line from New York

to Nashville, passing around to the south by way of Chattanooga, is

212 miles shorter than the lines _via_ Cincinnati or Louisville, the

latter, by reason of the density of traffic in trunk line territory,

seem to stand at least on an even footing. On the other hand, the

enjoyment of the bulk of the tonnage sometimes places its possessor

at the mercy of a petty rival. The Fall River water line to New York,

carrying an overwhelming preponderance of the business, obviously could

not afford to cut rates to prevent the Joy Line from stealing a small

portion of the traffic. The same principle holds good in other lines

of business. The Standard Oil Company can better afford permanently to

concede a small fraction of business to a small independent dealer,

so long as he knows his place and refrains from ambition to enlarge,

rather than to attempt to drive him out entirely by cutting prices on a

huge volume of business. Occasionally independents are shrewd enough to

take advantage of this; and so to distribute their business that they

shall in no single place menace a powerful rival, and yet comfortably

subsist on the gleanings over a wide area.[247] In no single locality

are they important enough to exterminate, at the cost of cut rates

applied to a large volume of business; and yet in the aggregate they

may make quite a fair livelihood. The only difference between the

status of a railway and other lines of business in this regard is

that the railway may not be quite so free to deploy its forces. Its

territory and tonnage are more definitely circumscribed by physical

conditions of location.

A point to be noted in this same connection is the relative stability

of the traffic. Is it concentrated in a few hands or does it arise

from many scattered sources? In the former case either road by making

a bold stroke may so entirely capture the business that, by reason

of the enhanced volume, a handicap in operation may be overcome.

Thus, in the notable instance of trunk line competition for the beef

traffic some twenty years ago, the Grand Trunk, although much more

roundabout, besides being handicapped in other ways, by securing

_all_ the business, could afford to make rates impossible under other

circumstances.

Whether the business in question is natural or normal to a road, or

is an extra, diverted from other more direct lines, is still another

factor of importance affecting ability to compete successfully for any

given traffic. The best statement of this is found in the argument

of J. C. Stubbs before the Arbitration Board on Canadian Pacific

Differentials in 1898.[248] "These are differentials in favor of

weaker lines--lines which upon the merits of their service cannot

successfully compete for the business, but claim a share of it as the

reward of virtue, the price of maintaining reasonable rates.... For

example, the Canadian Pacific road was not projected or built for

the purpose of developing, fostering, or sharing the carrying trade

between San Francisco and the eastern part of the United States....

After they were built and the various connections made, then, and not

until then, it was seen that there was a business opened. The route

having been opened, the newer and longer lines entered the field of

competition against the older, shorter, and more direct lines by

cutting the latter's rates.... In a fight of this kind, paradoxical

as it may seem, the stronger line always got the worst of it.... The

weaker or longer line, not having any business at the outset, had

nothing to lose. Everything was gain to it, which appeared to show

an earning above the actual cost of handling the particular lot of

freight. Quite a distinction between that and the average cost of

handling all business. Such an unequal warfare could not long continue,

and the common result was that the stronger line sought for terms, and

ultimately bought the weaker line off, ... this class of differentials

is and always has been obnoxious."

Our final conclusion must therefore be that the outcome in cases of

unequal competition in respect of cost of operation can seldom be

predicted with certainty. Everything depends upon local circumstances

and conditions. Sometimes the long line and sometimes the short line

will dominate. Careful analysis of every feature of the business

must be made before positive affirmation is possible. This result is

at all events worth noting. A due appreciation of the complexity of

the business of rate making may safeguard us against the cocksure

statements of the novice, who has never closely examined into the

subject. President Taft has recently emphasized the need of expert

service in the field of customs and tariff legislation. It is greatly

to be hoped that a similar appreciation of the care with which railway

legislation should proceed may prevail at Washington during the present

session of Congress.

FOOTNOTES:

[200] Cullom Committee, Report, Testimony, p. 532. _Cf._ instances in

Hudson's Railways and the Republic; and Parson's Heart of the Railway

Problem as showing popular misunderstanding.

[201] Senate (Elkins) Committee Report, 1905, p. 1892.

[202] Pp. 116-117.

[203] Another instance is afforded by the Savannah Freight Bureau case:

7 Int. Com. Rep., 458. See our Railway Problems, chap. XII.

[204] Interstate Commerce Commission Reports, decided May 14, 1903.

_Cf._ the extraordinary diversion of traffic over the long route in

Troy-Chatham, N. Y. case: 23 I. C. C. Rep., 263.

[205] This recalls Traffic Manager Bird's testimony relative to

Wisconsin controversies before the Senate (Elkins) Committee, 1905.

[206] Using this term technically as described on p. 256, _infra_.

[207] Chapter XIV, p. 480, _infra_. The original correspondence setting

forth these conditions is reprinted by the Senate (Elkins) Committee,

1905, Digest, App. III, p. 46. 21 I. C. C. Rep., 64, and 17 _Idem_, 335

are analogous cases.

[208] 7 Int. Com. Rep., 458: reprinted in our Railway Problems, chap.

XII.

[209] Brief of Ed. Baxter, Alabama Midland Railway case, U. S. Supreme

Court, p. 71; and Acworth, p. 83. Details in chap. XIV and XIX, _infra_.

[210] 14 I. C. C. Rep., 299.

[211] Details at pp. 245 and 610, _infra_.

[212] Interstate Commerce Reports, No. 696, decided June 25, 1904.

[213] _Cf._ the opinion in the Savannah Fertilizer case in our Railway

Problems, chap. XII.

[214] Chapter XI, _infra_, also in volume II.

[215] 10 Int. Com. Rep., 111; reprinted in full in our Railway

Problems, chap. X. Also the Commerce Court decision in chap. XVI,

_infra_.

[216] The leading Wichita cases are as follows: 9 I.C.C. Rep., 507, 534

and 558.--10 _Idem_, 460. (Lehmann Higginson Co.).--13 _Idem_, 389.

Also 189 U. S. Rep., 274.--Also Senate (Elkins) Committee, 1905, IV. p.

2874 _et seq._

[217] Chapter XVIII, p. 590, _infra_.

[218] 8 Int. Com. Rep., 346; reprinted in full in our Railway Problems,

chap. XI.

[219] Chapter X, _infra_.

[220] Chapter IV, _supra_, p. 128.

[221] Chapters XI and XIX, _infra_.

[222] 5 I.C.C. Rep., 324; p. 480, _infra_.

[223] _Cf._ Commissioner Fifer's dissenting opinion in the St. Louis

Business Men's League case, 9 Int. Com. Rep., 318; reprinted in our

Railway Problems, chap. XVII.

[224] Chapter XI, _infra_.

[225] 11 I.C.C. Rep., 495; 15 _Idem_, 555; U. S. Industrial Commission,

IV, p. 264 and IX, p. 287. Also pp. 129, _supra_, and 442, _infra_.

[226] The feasibility of doing this in the South could all parties

concerned be whipped into line, is demonstrated by the ingenious

adaptation of the trunk line system to local conditions by a special

committee of the Southern Railway and Steamship Association in 1880.

Report of meeting August 12, 1880, in Proceedings, VII.

[227] 7 I.C.C. Rep., 92. The report and opinion is reprinted in full by

the Senate (Elkins) Committee, 1905, as Appendix H.

[228] P. 103, _supra_.

[229] Pp. 223, _supra_; and 296, _infra_.

[230] Similar cases are 12 I.C.C. Rep., 564; 14 _Idem_, 476 on oranges;

16 _Idem_, 276; 22 _Idem_, 93 and 115; and 23 _Idem_, 195; are local

but identical problems of distances. Also the Superior Commercial

Club case, just handed down June 25, 1912, on grain rates. _Cf._ also

Hammond, Railway Rate Theories, etc., p. 94.

[231] 7 Int. Com. Rep., 458; reprinted in our Railway Problems, chap.

XII.

[232] Chapter XIV, _infra_, discusses its legal aspect. Reprinted in

full in our Railway Problems, chap. VI.

[233] _Cf._ testimony in Elkins Committee Report, 1905, p. 2726. The

Commerce Court case on page 588, _infra_, brings it to date.

[234] _Cf._ Answer of Receivers' and Shippers' Association of

Cincinnati to statement of W. J. Murphy, etc., March 15, 1907.

[235] Senate (Elkins) Committee Report, 1905, Digest, Appendix III., p.

231.

[236] 22 I.C.C. Rep., 99 is a case of conceded injustice for fourteen

years; yet of a complete deadlock between carriers, broken only by

Federal intervention.

[237] _Infra._

[238] Chapter XI, _infra_.

[239] Acworth, "Elements of Railway Economics," p. 125.

[240] Testimony of J. J. Hill, Senate (Elkins) Committee, 1905, p.

1507; certainly in the Missouri-Mississippi river territory, the

Hannibal-St. Joe distance rules.

[241] Especially in the Danville and St. Cloud cases; 8 Int. Com. Rep.,

357 and 429. _Cf._ the Vermont Central case, 1 _Idem_, 182 and 82: and

7 _Idem_, 481.

[242] An especially notable instance was the Canadian Pacific

differential arbitration in 1898. Proceedings, etc., p. 73, argument of

J. C. Stubbs.

[243] It is also the rule in France. Senate (Elkins) Committee, V,

p. 273. _Cf._ the Superior grain case. I.C.C., decided June 25, 1912.

[244] _Cf._ Mr. Fink's testimony in Hearings Senate Committee on

Interstate Commerce, 51st Cong. 1st session, Sen. Rep., 847, p. 29.

[245] Solution of transcontinental dilemma depends upon this choice.

_Railway Age Gazette_, Nov. 25, 1910. _Cf._ chaps. XI and XIX, _infra_.

[246] 19 I.C.C. Rep., 218 affords an excellent example as between the

Union Pacific and the Denver and Rio Grande. Also the Montgomery, Ala.,

case in the Commerce Court, p. 590, _infra_. Also the Union Pacific

Merger case, Brief of Facts for Appellants, 1912, p. 276.

[247] For an instance in the tobacco business: _Cf. The Atlantic

Monthly_, 1908, p. 487.

[248] Page 72.

CHAPTER VIII

PROBLEMS OF ROUTING

Neglect of distance, an American peculiarity, 264.--Derived

from joint cost, 265.--Exceptional cases, 265.--Economic

waste in American practice, 268.--Circuitous

rail carriage, 269.--Water and rail-and-water

shipments, 273.--Carriage over undue distance, 277.--An

outcome of commercial competition, 278.--Six causes

of economic waste, illustrated, 280.--Pro-rating

and rebates, 281.--Five effects of disregard

of distance, 288.--Dilution of revenue per ton

mile, 289.--Possible remedies for economic

waste, 292.--Pooling and rate agreements, 293.--The long

and short haul remedy, 295.

The general acceptance, both in practice and theory, of the principle

that distance is a relatively unimportant element in rate making[249]

is significant at this time, in connection with the recent amendment

of the Act to Regulate Commerce. It is important also because of the

marked tendency toward the adoption by various state legislatures of

the extreme opposite principle of a rigid distance tariff. The old

problem of effecting a compromise between these two extreme theories

by some form of long and short haul clause--the original section 4 of

the act of 1887 having been emasculated by judicial interpretation--is

again brought to the front. For these reasons it may be worth while

to consider certain results which inevitably follow the widespread

acceptance of this principle of the blanket rate. Its benefits are

indeed certain; namely, an enlargement of the field of competition, and

an equalization of prices over large areas, and that too at the level

of the lowest or most efficient production. But these advantages entail

certain consequences--of minor importance, perhaps, but none the less

deserving of notice.

The subordination of distance to other factors in rate making is a

logical derivation from the theory of joint cost. This theory justifies

the classification of freight, namely, a wide range of rates nicely

adjusted to what the traffic in each particular commodity will bear,

while always allowing each to contribute something toward fixed and

joint expenses. In the same way it explains a close correlation of

the distance charge to what each commodity will bear. It assumes

that any rate, however low, which will yield a surplus over expenses

directly incidental to the increment of traffic and which thus

contributes something toward indivisible joint costs, serves not

only the carrier by increasing his gross revenue, but at the same

time lightens the burden of fixed expenses upon the balance of the

traffic. This principle of joint cost, so clearly set forth by

Professor Taussig,[250] is fundamental and comprehensive. It pervades

every detail of rate making. But it rests upon two basic assumptions

which, while generally valid, are not universally so. In the first

place each increment of traffic must be new business, not tonnage

wrested from another carrier and offset by a loss of other business

to that competitor. And secondly, each increment of traffic must be

_economically suitable_ to the particular carriage in contemplation.

The first of these assumptions fails wherever two carriers mutually

invade each other's fields or traffic. Each is accepting business at

a virtual loss, all costs including fixed charges on capital being

taken into account, in order to secure the increment of business. Each

gain is offset by a corresponding loss. It is the familiar case of

the rate war. A less familiar aspect of the matter is presented when

traffic is disadvantageously carried by two competing roads, each

diverting business from its natural course over the other's line. The

sum total of traffic is not increased. Each carries only as much as

before but transports its quota at an abnormal cost to itself. This

may, perhaps, swell gross revenues; but by no process of legerdemain

can the two losses in operating cost produce a gain of net revenue to

both. And each increase of _unnatural_ tonnage, where offset by a loss

of natural business, instead of serving to lighten the fixed charges,

becomes a dead weight upon all the remaining traffic. The commonest

exemplification of this is found in the circuitous transportation of

goods, instances of which will be given later.

The second case in which the principle of joint cost fails to justify

charges fixed according to what the traffic will bear may arise in the

invasion of two remote markets by one another; or, as it might be more

aptly phrased, in the overlapping of two distant markets. A railroad

is simultaneously transporting goods of like quality in opposite

directions. Chicago is selling standard hardware in New York, while

New York is doing the same thing in Chicago. Prices are the same in

both markets. Of course if the two grades of hardware are of unequal

quality, or if they are like goods produced at different cost, an

entirely distinct phase of territorial competition is created. But we

are assuming that these are standard goods and that there are no such

differences either in quality or efficiency of production. What is the

result? Is each increment of business to the railroad a gain to it

and to the community? The goods being produced at equal cost in both

places, the transportation charge must be deducted from profits. For it

is obvious that the selling price cannot be much enhanced. The level of

what the traffic will bear is determined not, as usual, by the value of

the goods but by other considerations. The traffic will bear relatively

little, no matter how high its grade. The result is that the carrier,

in order to secure the tonnage, must accept it at a very low rate,

despite the length of the haul.

This is the familiar case of the special or commodity rate granted to

build up business in a distant market. Special rates confessedly form

three-fourths of the tonnage of American railways, as has already been

said. The assumption is usually made that such traffic is a gain to

the railways, justified on the principle of joint cost as already

explained. But does it really hold good in our hypothetical case? There

is a gain of traffic in both directions, to be sure. But must it not

be accepted at so low a rate that it falls perilously near the actual

operating cost? It is possible that even here it may add something to

the carriers' revenue, and thereby lighten the joint costs in other

directions. But how about the community and the shipping producers?

Are any more goods sold? Perhaps the widened market may stimulate

competition, unless that is already keen enough among local producers

in each district by itself. The net result would seem to be merely that

the railroads' gain is the shippers' loss. There is no addition to, but

merely an exchange of, place values. Both producers are doing business

at an abnormal distance under mutually disadvantageous circumstances.

It may be said, perhaps, that the situation will soon correct itself.

If the freight rates reduce profits, each group of producers will

tend to draw back from the distant field. This undoubtedly happens in

many cases. But the influence of the railway is antagonistic to such

withdrawal. It is the railway's business to widen, not to restrict,

the area of markets. "The more they scatter the better it is for the

railroads." "Keep everyone in business everywhere." And if necessary

to give a fillip to languishing competition, do so by a concession in

rates. Is there not danger that with a host of eager freight solicitors

in the field, and equally ambitious traffic managers in command, a good

thing may be overdone, to the disadvantage of the railway, the shippers

and the consuming public?

An objection to this chain of reasoning arises at this point. Why need

the public or other shippers be concerned about the railways' policy

in this regard? Is not each railway the best judge for itself of the

profitableness of long-distance traffic? Will it not roughly assign

limits to its own activities in extending business, refusing to make

rates lower than the actual incidental cost of operation? And are not

all low long-distance rates, in so far as they contribute something

toward joint cost, an aid to the short haul traffic? The answer will in

a measure depend upon our choice between two main lines of policy; the

one seeking to lower _average_ rates, even at the expense of increasing

divergence between the intermediate and the long distance points, the

other policy seeking, _not so much lower rates as less discriminatory

rates_ between near and distant points. In the constant pressure for

reduced rates in order to widen markets it is not unnatural that the

intermediate points, less competitive probably, should be made to

contribute an undue share to the fixed sum of joint costs. The common

complaint today is not of high rates but of relative inequalities as

between places. It is a truism to assert that it matters less to a

shipping point what rate it pays than that its rate, however high,

should be the same for all competing places. This immediately forces

us to consider the consumer. What is the effect upon the general level

of prices of the American policy of making an extended market the

touchstone of success, irrespective of the danger of wastes arising

from overlapping markets? That the result may be a general tax upon

production is a conclusion with which we shall have later to do. Such

a tax, if it exists, would go far to offset the profit which unduly

low freight rates in general have produced. In short, the problem is

to consider the possible net cost to the American people of our highly

involved and most efficient transportation system. Our markets are

so wide, and our distances so vast, that the problem is a peculiarly

American one.

Having stated the theory of these economic wastes, we may now proceed

to consider them as they arise in practice. Concrete illustration of

the effect of disregard of distance naturally falls into two distinct

groups. Of these the first concerns the circuitous carriage of goods;

the second, their transportation for excessive distances. Both alike

involve economic wastes, in some degree perhaps inevitable, but

none the less deserving of evaluation. And both practices, even if

defensible at times, are exposed to constant danger of excess. It will

be convenient also to differentiate sharply the all-rail carriage from

the combined rail and water transportation. For as between railroads

and waterways, the difference in cost of service is so uncertain and

fluctuating that comparisons on the basis of mere distance have little

value.

Recent instances of wasteful and circuitous all-rail transportation are

abundant. A few typical ones will suffice to show how common the evil

is. President Ramsay of the Wabash has testified as to the roundabout

competition with the Pennsylvania Railroad between Philadelphia and

Pittsburg by which sometimes as much as fifty-seven per cent. of

traffic between those two points may be diverted from the direct route.

"They haul freight 700 miles around sometimes to meet a point in

competition 200 miles away."[251] Chicago and New Orleans are 912 miles

apart, and about equally distant--2,500 miles--from San Francisco.

The traffic manager of the Illinois Central states that that company

"engages in San Francisco business directly _via_ New Orleans from the

Chicago territory, and there is a large amount of that business, and we

engage in it right along."[252] Wool from Idaho and Wyoming may move

west 800 miles, to San Francisco; and thence _via_ New Orleans over the

Southern Pacific route to Boston.[253] This case, therefore, represents

a superfluous lateral haul of nearly a thousand miles between two

points 2,500 miles apart. The Canadian Pacific used to take business

for San Francisco, all rail, from points as far south as Tennessee and

Arkansas, diverting it from the direct way _via_ Kansas City.[254]

Goods moving in the opposite direction from San Francisco have been

hauled to Omaha by way of Winnipeg, journeying around three sides of a

rectangle by so doing, in order to save five or six cents per hundred

pounds.[255] Between New York and New Orleans nearly one hundred

all-rail lines may compete for business. The direct route being 1,340

miles, goods may be carried 2,051 miles _via_ Buffalo, New Haven

(Indiana), St. Louis and Texarkana.[256] A generation ago conditions

were even worse, the various distances by competitive routes between

St. Louis and Atlanta ranging from 526 to 1,855 miles.[257] New York

business for the West was often carried by boat to the mouth of the

Connecticut river, and thence by rail over the Central Vermont to a

connection with the Grand Trunk for Chicago. To be moved at the outset

due north 200 miles from New York on a journey to a point--Montgomery,

Alabama--south of southwest seems wasteful; yet the New York Central

is in the field for that business.[258] The map herewith, prepared in

connection with the Alabama Midland case, shows the number of lines

participating in freight carriage between New York and the little town

of Troy, Alabama. It is nearly as uneconomical as in the old days when

freight was carried from Cincinnati to Atlanta _via_ the Chesapeake and

Ohio, thence down by rail to Augusta and back to destination.[259] It

was common for freight from Pittsburg to go by boat down to Cincinnati,

only to return by rail _via_ Pittsburg to New York at a lower rate than

on a direct shipment.[260] Even right in the heart of eastern trunk

line territory, such things occur in recent times. The Cincinnati,

Hamilton and Dayton prior to its consolidation with the Pere Marquette

divided its eastbound tonnage from the rich territory about Cincinnati

among the trunk lines naturally tributary. But no sooner was it

consolidated with the Michigan road than its eastbound freight was

diverted to the north--first hauled to Toledo, Detroit and even up to

Port Huron, thence moving east and around Lake Erie to Buffalo.[261] In

the Chicago field similar practices occur. Formerly the Northwestern

road was charged with making shipments from Chicago to Sioux City via

St. Paul. This required a carriage of 670 miles between points only

536 miles apart; and the complaint arose that the roundabout rate was

cheaper than the rate by the direct routes. I am privately informed

that the Wisconsin Central at present makes rates between these same

points in conjunction with the Great Northern, the excess distance

over the direct route being 283 miles. Complaints before the Elkins

Committee[262] are not widely different in character. Thus it appears

that traffic is hauled from Chicago to Des Moines by way of Fort Dodge

at lower rates than it is carried direct by the Rock Island road,

despite the fact that Fort Dodge is eighty miles north and a little

west of Des Moines. The Illinois Central, having no line to Des Moines,

pro-rates with the Minneapolis and St. Louis, the two forming two sides

of a triangular haul. An interesting suggestion of the volume of this

indirect routing is afforded by the statistics of merchandise shipped

between American points which passes through Canada in bond.[263] The

evidence of economic waste is conclusive.

[Illustration]

A common form of wastefulness in transportation arises when freight

from a point intermediate between two termini is hauled to either one

by way of the other. Such cases are scattered throughout our railroad

history. One of the delegates to the Illinois Constitutional Convention

of 1870, cites, as an instance of local discrimination, the fact that

lumber from Chicago to Springfield, Illinois, could be shipped more

cheaply by way of St. Louis than by the direct route.[264] And now a

generation later, it appears that grain from Cannon Falls, forty-nine

miles south of St. Paul on the direct line to Chicago, destined for

Louisville, Kentucky, can be hauled up to St. Paul on local rates and

thence on a through billing to destination, back over the same rails,

considerably cheaper than by sending it as it should properly go.[265]

The Hepburn Committee reveals shipments from Rochester, New York, to

St. Louis, Minneapolis or California, all rail, on a combination of

local rates to New York and thence to destination.[266] Presumably the

freight was hauled three hundred miles due east and then retraced the

same distance; as New York freight for southern California is today

hauled to San Francisco by the Southern Pacific and then perhaps three

hundred miles back over the same rails. Even if the rate must be based

on a combination of low through rates and higher local rates, it seems

a waste of energy to continue the five or six hundred miles extra haul.

Yet the practice is common in the entire western territory. From New

York to Salt Lake City by way of San Francisco is another instance in

point.[267] Of course a short haul to a terminal to enable through

trains to be made up presents an entirely different problem of cost

from the abnormal instances above mentioned.[268]

Carriage by water is so much cheaper and as compared with land

transportation is subject to such different rate-governing principles,

that it deserves separate consideration. Mere distance, as has already

been said, being really only one element in the determination of cost,

a circuitous water route may in reality be more economical than direct

carriage overland. Yet beyond a certain point, regard being paid to

the relative cost per mile of the two modes of transport, water-borne

traffic may entail economic wastes not incomparable to those arising

in land transportation. In international trade, entirely confined

to vessel carriage, a few examples will suffice for illustration.

Machinery for a stamp mill, it was found, could be shipped from

Chicago to San Francisco by way of Shanghai, China, for fifteen cents

per hundredweight less than by way of the economically proper route.

Were the goods ever really sent by so indirect a route?[269] It would

appear so when wheat may profitably be carried from San Francisco to

Watertown, Massachusetts, after having been taken to Liverpool, stored

there, reshipped to Boston, thereafter, even paying the charges of a

local haul of nearly ten miles;[270] or when shipments from Liverpool

to New York may be made _via_ Montreal to Chicago, and thence back to

destination.[271] I am credibly informed that shipments of the American

Tobacco Company from Louisville, Kentucky, to Japan used commonly to go

_via_ Boston. Denver testimony is to the effect that machinery, made

in Colorado, shipped to Sydney, Australia, can be transported _via_

Chicago for one-half the rate for the direct shipment; and that on

similar goods even Kansas City could ship by the carload considerably

cheaper by the same roundabout route. Conversely straw matting from

Yokohama to Denver direct must pay $2.87 per hundred pounds; while if

shipped to the Missouri river, five hundred miles east of Denver, and

then back, the rate is only $2.05.[272]

As a domestic problem, water carriage confined to our own territory has

greater significance in the present inquiry. Purely coastwise traffic

conditions are peculiar and in the United States, as a rule, concern

either the South Atlantic seaports or transcontinental business. As

to the first-named class, the volume and importance of the traffic is

immense. Its character may be indicated by a quotation from a railroad

man.

"Now a great deal has been said, chiefly on the outside, about

the Canadian Pacific Railway seeking by its long, circuitous

and broken route to share in a tonnage as against more direct

and shorter lines all rail, and I propose to show to you

gentlemen that not only have we a precedent on which to claim

differentials, many of them, and that we also have numerous

precedents to show that there are numerous broken, circuitous

water and rail lines operating all over the country that are

longer and more circuitous than ours, and still they do operate

with more or less success.... In saying this I do not wish

to be understood as criticising the right of any road to go

anywhere, even with a broken and circuitous line, to seek for

business, so long as they are satisfied that taking all the

circumstances into account such business will afford them some

small measure of profit. * * *

"The distance by the Chesapeake & Ohio Road, Boston to Newport

News, is 544 miles by water; Newport News to Chicago, 1071

miles, total 1615 miles from Boston to Chicago, against 1020

miles by the shortest all-rail line from Boston, showing the

line _via_ Newport News, 58 per cent. longer. The distance by

the Chesapeake and Ohio from New York to Newport News is 305

miles, to which add 1071 miles, Newport News to Chicago, total

1376 miles, against the shortest all-rail line of 912 miles,

50.87 per cent. longer. Again the distance between Boston and

Duluth by all-rail is 1382 miles, against 2195 miles _via_

Newport News and Chicago, 58.82 per cent. longer by the broken

route.

"The Southern Pacific Co., or System rather, in connection with

the Morgan line steamers, carries business, _via_ New York, New

Orleans and Fort Worth, to Utah points at a differential rate.

The distance from New York to Denver _via_ water to New Orleans

thence rail to Fort Worth is 3155 miles, against 1940 miles by

the direct all-rail line, showing it to be longer _via_ New

Orleans 62.61 per cent."[273]

Allowing a constructive mileage of one-third for the last named

water haul,[274] many of these even up fairly well with the all-rail

carriage; although a route from New York to Kansas City by way of

Savannah, Georgia, would appear to be an extreme case, owing to the

relatively long haul by rail.[275] The increasing importance of

Galveston and the necessity of a back haul to compensate for export

business make it possible for that city to engage in business between

New York and Kansas City, although the roundabout route is two and

one-half times as long as the direct one.[276] As compared with these

examples, it is no wonder that the competition for New York-Nashville

or New England-Chattanooga business by way of Savannah, Mobile, or

Brunswick, Georgia, is so bitter. The roundabout traffic thus reaches

around by the southern ports and nearly up again to the Ohio river.[277]

The second great class of broken rail and water shipments consists

of transcontinental business. Goods from New York to San Francisco

commonly go by way of New Orleans or Galveston,[278] as well as by

Canadian ports and routes.[279] In the opposite direction, goods are

carried about 1000 miles by water to Seattle or Vancouver before

commencing the journey east. But more important, as illustrating this

point, is the traffic from the Central West which reaches the Pacific

coast by way of Atlantic seaports. As far west as the Missouri, the

actual competition of the trunk lines on California business has since

1894[280] brought about the condition of the "blanket" or "postage

stamp" rate. The same competitive conditions which open up Denver or

Kansas City to New York shippers by way of New Orleans or Galveston,

enable the Southern Pacific Railroad or Cape Horn routes to solicit

California shipments in western territory to be hauled back to New

York, and thence by water all or part of the way to destination.

How important this potential competition is--that is to say, what

proportion of the traffic is interchanged by this route--cannot readily

be determined.

Transportation over undue distances--the carriage of coals to

Newcastle in exchange for cotton piece goods hauled to Lancashire--as

a product of keen commercial competition may involve both a waste of

energy and an enhancement of prices in a manner seldom appreciated.

The transportation of goods great distances at low rates, while

economically justifiable in opening up new channels of business,

becomes wasteful the moment such carriage, instead of creating new

business, merely brings about an exchange between widely separated

markets, or an invasion of fields naturally tributary to other centres.

The wider the market, the greater is the chance of the most efficient

production at the lowest cost. The analogy at this point to the

problem of protective tariff legislation is obvious. For a country

to dispose of its surplus products abroad by cutting prices may not

involve economic loss; but for two countries to be simultaneously

engaged in "dumping" their products into each other's markets is quite

a different matter. In transportation such cases arise whenever a

community, producing a surplus of a given commodity, supplies itself,

nevertheless, with that same commodity from a distant market. It may

not be a just grievance that Iowa, a great cattle raising state, should

be forced to procure her dressed meats in Chicago or Omaha;[281] for

in this case some degree of manufacture has ensued in these highly

specialized centres. But the practice is less defensible where the

identical product is redistributed after long carriage to and from a

distant point. Arkansas is a great fruit raising region; yet so cheap

is transportation that dried fruits, perhaps of its own growing, are

distributed by wholesale grocers in Chicago throughout its territory.

The privilege of selling rice in the rice-growing states from Chicago

is, however, denied by the Southern Railway Association.[282] An

illuminating example of similar character occurs in the Southern cotton

manufacture, as described by a Chicago jobber:

"Right in North Carolina there is one mill shipping 60 carloads

of goods to Chicago in a season, and a great many of these same

goods are brought right back to this very section.... I might

add that when many of these heavy cotton goods made in this

southeastern section are shipped both to New York and Chicago

and then sold and reshipped South, they pay 15 cents to 20

cents per hundred less each way to New York and back than _via_

Chicago. This doubles up the handicap against which Chicago

is obliged to contend and renders the unfairness still more

burdensome."[283]

The overweening desire of the large centres to enter every market is

well exemplified by recent testimony of the Chicago jobbers.[284]

"A few years later, when the railroads established the relative

rates of freight between New York and Philadelphia and the

Southeast, and St. Louis, Cincinnati and Chicago and the

Southeast, giving the former the sales of merchandise and the

latter the furnishing of food products, the hardware consumed

in this country was manufactured in England. At that time

we, in Chicago, felt that we were going beyond the confines

of our legitimate territory when we diffidently asked the

merchants in western Indiana to buy their goods in our market.

Today, a very considerable percentage of the hardware used

in the United States is manufactured in the Middle West, and

we are profitably selling general hardware through a corps

of travelling salesmen in New York, Pennsylvania and West

Virginia, and special lines in New England.

"What we claim is that we should not have our territory stopped

at the Ohio river by any act of yours. It is not stopped,

gentlemen, by any other river in America. It is not stopped

by the greatest river, the Mississippi. It is not stopped by

the far greater river, the Missouri. It is not stopped by

the Arkansas; it is not stopped by the Rio Grande. It is

not stopped even by the Columbia; and, even in the grocery

business, it is not stopped by the Hudson. There are Chicago

houses that are selling goods in New York city, groceries that

they manufacture themselves. Mr. Sprague's own house sells

goods in New York city, and Chicago is selling groceries in New

England. As I say, even the Hudson river doesn't stop them."

All this record implies progressiveness, energy, and ambition on

the part of both business men and traffic officers. Nothing is more

remarkable in American commerce than its freedom from restraints.

Elasticity and quick adaptation to the exigencies of business are

peculiarities of American railroad operation. This is due to the

progressiveness of our railway managers in seeking constantly to

develop new territory and build up business. The strongest contrast

between Europe and the United States lies in this fact. European

railroads take business as they find it. Our railroads make it. Far be

it from me to minimize the service rendered in American progress. And

yet there are reasonable limits to all good things. We ought to reckon

the price which must be paid for this freedom of trade.

One further aspect of economic waste may be mentioned, especially as

bearing upon Federal regulation so far as it affects carload ratings

and commercial rivalry between remote middlemen in the large cities

and provincial jobbing interests. The actual cost of handling small

shipments being about one-half that of carriage by carloads, the

cheapest way in which to supply, let us say, the Pacific slope or Texas

territory, is to encourage the local jobber who ships by carload over

the long haul. For, obviously, distribution by less-than-carload lots

from New York, or even Chicago direct, direct to the cross-road store,

is bound to be a wasteful process by comparison.[285] But in addition

there are also, of course, the social factors to be considered, which

are of even greater weight.

The causes of economic waste in transportation are various. Not

less than six may be distinguished. These are: (1) congestion of

the direct route; (2) rate cutting by the weak circuitous line; (3)

pro-rating practices in division of joint through rates; (4) desire for

back-loading of empty cars; (5) strategic considerations concerning

interchange of traffic with connections; and (6) attempts to secure

or hold shippers in contested markets. These merit consideration

separately in some detail.

Congestion of traffic upon the direct line is a rare condition in

our American experience. Few of our railways are over-crowded with

business. Their equipment may be overtaxed, but their rails are seldom

worked to the utmost. Yet the phenomenal development of trunk line

business since 1897 sometimes makes delivery so slow and uncertain that

shippers prefer to patronize railways less advantageously located, even

at the same rates. The congestion on the main stem of the Pennsylvania

railway between Pittsburg and Philadelphia is a case in point.

Special rates or rebates often divert traffic. The weak lines, in that

particular business, are persistently in the field and can secure

tonnage only by means of concessions from what may be called the

standard or normal rate. The differential rate is an outgrowth of this

condition. The present controversy over the right of the initial line

in transcontinental business to route the freight at will involves such

practices. The carriers insist that they can stop the evil only by the

exercise of choice in their connections. An interesting recent example

is found in the Elkins Committee testimony. It appears that lumber

from points in Mississippi destined for Cleveland instead of going by

the proper Ohio river gateways was diverted to East St. Louis. The

operation was concealed by billing it to obscure points,--Jewett, Ill.,

near East St. Louis, and Rochester, Ohio,--and there issuing a new bill

of lading to destination:

SENATOR DOLLIVER. And these people carry it up to this little

station near St. Louis and then transfer it to another station

near Cleveland?

Mr. ROBINSON. Oh, no; to any point on the Central Traffic

Association territory. In other words, it may go to Cleveland.

SENATOR DOLLIVER. Why do they bill it to Rochester?

Mr. ROBINSON. In order to get the benefit of keeping it in

transit fifteen days without any extra cost, first.

SENATOR DOLLIVER. I do not see how that would affect the

question of billing it to Rochester.

Mr. ROBINSON. Because that enables the wholesaler to have

fifteen days extra time in which to sell the lumber.

The CHAIRMAN. Why haul it all around the country and then

reduce the rate on that long haul?

Mr. ROBINSON. In order that roads that are not entitled

naturally to this traffic may by this process get the traffic.

SENATOR DOLLIVER. What roads from Mississippi to East St. Louis?

Mr. ROBINSON. Any of the trunk lines--the Illinois Central,

the Louisville or the Southern Railway lines. The roads

in Mississippi south of the river are not parties to this

arrangement, you understand. In fact, as fast as they find it

out they break it up, or try to. They do not want their traffic

diverted.

SENATOR KEAN. Does it not come down to this, that some road is

trying to cheat another on the use of its cars?

Mr. ROBINSON. Not only that, but it is trying to get traffic

that does not belong to it.[286]

Wherever a large volume of traffic is moving by an unnatural route,

the first explanation which arises therefore is that rebates or

rate-cutting are taking place.[287]

[Illustration]

A third cause of diversion of traffic is akin to the second; and

concerns the practices in pro-rating. Much circuitous transportation

is due to the existence of independent transverse lines of railway

which may participate in the traffic only on condition that it move

by an indirect route. This situation is best described by reference

to the following diagram. Let us suppose traffic to be moving by two

routes passing through points B and C, and converging on A, which

last-named point might be Chicago, St. Louis, New York or any other

railroad centre. Cutting these two converging lines of railway, we

will suppose a tranverse line passing through B and C. Obviously the

proper function of this railway is as a feeder for the through lines,

each being entitled to traffic up to the half-way point, D. But over

and above serving as a mere branch, this road, desirous of extending

its business, has a powerful incentive to extend operations. The longer

the tranverse haul, the greater becomes its pro-rating division of the

through rate with the main line. Traffic from C is of no profit to the

tranverse road so long as it is hauled directly to A. But if hauled

from C to the same destination by way of B, the profit may be enhanced

in two ways. In the first place the pro-rating distance is greater; and

secondly, such traffic from C not being _naturally_ tributary to the

main line B A but merely a surplus freight to be added to that already

in hand, the main line A B is open to temptation to shrink its usual

proportion of the through rate in order to secure the extra business.

This same motive may on proper solicitation induce the other main line

C A to accept traffic from B and its vicinity. The result is a greatly

enhanced profit to the cross line and circuitous carriage of the goods

in both directions around two sides of a triangle. Only recently in a

case in Texas the Interstate Commerce Commission found that two roads

thus converging on a common point were each losing to the other traffic

which rightfully was tributary to its own line. In a recent case,

ninety-nine per cent. of the business from Chatham to New York was

moving over a route 249 miles long, when it might have gone directly

only 144 miles, by pro-rating with another road.[288] Our illustrative

examples are not fanciful in any degree.[289]

This roundabout carriage becomes of course increasingly wasteful in

proportion to the width of angle between the main lines converging on

the common point. And several cases indicate that in extreme instances

the two main lines may converge on a common point from exactly opposite

directions, while the transverse or secondary road or series of roads

forms a wide and roundabout detour. The well known Pittsburg-Youngstown

case, cited in the original Louisville & Nashville decision in 1887,

serves as illustration. The Pennsylvania was competing from Pittsburg

directly eastbound to New York with certain feeders of the New York

Central lines which took out traffic bound for the same destination

but leaving Pittsburg westbound.[290] Other instances of the same

phenomenon occur at Chattanooga, where freight for New York may leave

either northward or southward, at Kansas City and in fact at almost any

important inland centre.

Another extreme form may arise even in the competition between two

parallel trunk lines cut transversely by two independent cross roads.

One of these latter may induce traffic to desert the direct route, to

cut across to the other trunk line, to move over that some distance

and then to be hauled back again to a point on the first main line

where it may find a "cut" rate to destination. Grain sometimes used

literally to meander to the seaboard in the days of active competition

between the trunk lines. Wheat from Iowa and northern Illinois finally

reached Portland, Maine, by way of Cincinnati in this manner, with a

superfluous carriage of from 250 to 350 miles:

"Starting within 90 miles of Chicago, though billed due

northeast to Portland, wheat has travelled first 97 miles due

southwest to avail of the connection of the Baltimore and Ohio

Railroad for Cincinnati, and thence north to Detroit Junction,

a total of 716 miles to reach the latter point and save 5 cents

in freight. The direct haul through Chicago would have been 340

miles less, or a total of 376 miles only."[291]

Another witness describes the route as follows:

Property billed for Portland, Me., started 90 miles below

Chicago, although Chicago is on a direct line, and took a

southeasterly course, then to Springfield, from Springfield

to Flora, then to Cincinnati, and then over the Hamilton and

Dayton system to Detroit, there to take the Grand Trunk road

to Portland. This was owing to the billing system adhered to

here with great tenacity. Property ran around three sides of a

square, and I lost money on some of that property.[292]

This ruinous diversion of freight seems to have been dependent upon the

existence of active competition at Detroit and ceased when the Grand

Trunk came to an agreement with the American lines. But there can be no

doubt that wherever these cross lines exist there is a strong tendency

toward diversion. In the recent hearings of the Senate Committee on

Interstate Commerce on railway rate regulation, a railroad witness

again describes the operation:

Mr. VINING. Well, for instance, take the time when I was on

the Grand Rapids and Indiana Railroad. Its connection at the

south was at Fort Wayne, with the Pittsburg, Fort Wayne and

Chicago Road. We took lumber out of Michigan and wanted to

send it east. We had to compete with lines that went by way

of Detroit, that went perhaps through Canada and that in some

cases were shorter. Of course, if we wanted to send lumber

from Grand Rapids to New York we had to make at least as low

a rate as was made by other lines leading from Grand Rapids

to New York. That rate might be just the same from Fort Wayne

as from Grand Rapids, so that we could not get any more than

the low rate from Fort Wayne. We had to go in that case to the

Pittsburg, Fort Wayne and Chicago Railway and say: "Here are so

many carloads of lumber, or so much lumber, at Grand Rapids, a

part of which could be shipped to New York if we had through

rates that would enable us to move it. These other lines are

carrying it for 25 cents a hundred pounds to New York. You join

us in a through rate of 25 cents and we can give you some of

that business." ... But if I were with a short line and wanted

to negotiate with a long one, I should try to put my case just

as strongly as possible before the long line. I should say to

them: "We can not take 5 per cent. of a rate of 25 cents. It

would not pay us. You know that; you can see that"; and they,

as business men, would admit it. "Well," I would say, "give us

5 cents a hundred pounds and we will bring the business to you,

and if you do not, we can not afford to do it."

SENATOR CULLOM. I think in some instances they have stated

before us that they gave 25 per cent.

Mr. VINING. They might.[293]

Whenever the cross road was financially embarrassed, the tendency to

diversion was increased. For then, of course, having repudiated fixed

charges, the cross line could accept almost any rate as better than the

loss of the traffic. And that this was in the past almost a chronic

condition in western trunk line territory appears from the fact that

eighteen out of the twenty-two roads cutting the Illinois Central

between Chicago and Cairo have been in the hands of receivers since

1874.[294]

It not infrequently happens that the initial railroad may entirely

control a roundabout route, whereas shipments by the most direct line

necessitate a division of the joint rate with other companies. In such

a case the initial line will naturally favor the indirect route, at the

risk of economic loss to the community and even to its own shippers. An

interesting illustration is afforded by a complaint of wheat growers

at Ritzville in the state of Washington concerning rates to Portland,

Oregon.[295] By direct line with low grades along the Columbia river

the distance was 311 miles. This was composed of several independent

but connecting links. The Northern Pacific on the other hand had a

line of its own, 480 miles long, which moreover crossed two mountain

ranges with heavy grades. It based its charges upon the cost of service

by this roundabout and expensive line; and insisted upon its right to

the traffic despite the wishes of the shippers. The Commission upheld

the shippers' contention for the right to have their products carried

to market in the most efficient manner.[296] Another instance on the

Illinois Central is suggestive, concerning shipments from Panola,

Illinois, to Peoria, a distance of about forty miles by the shortest

line of connecting roads. Yet the Illinois Central having a line of

its own _via_ Clinton and Lincoln transported goods round three sides

of a rectangle, a distance of 109 miles, presumably in order to avoid

a pro-rating division of the through rate.[297] Of course elements of

operating cost enter sometimes, as in the case of back-loading;[298]

but in the main, the pro-rating consideration rules.

Rebates may or may not be given in connection with circuitous routing.

Sometimes the same result may be obtained when one carrier merely

shrinks its proportion of a joint through rate, leaving the total

charge to the shipper unaffected. Of course it goes without saying that

an implication of improper manipulation of rates does not always follow

the diversion of freight from a direct line. The rate may be the same

by several competitive routes, shipments going as a reward for energy,

persistency, or personality of the agent. A recent case, concerning

rates on lumber from Sheridan, Indiana, to New York illustrates this

point.[299] Sheridan is twenty-eight miles north of Indianapolis on

the Monon road. Quoting from the decision:

"In the division of joint through rates on percentages based on

mileage, the defendant line naturally prefers arrangements with

connections giving it the longest haul and largest percentages.

Therefore, it carries this freight at rates based on a carriage

through Indianapolis by a direct line eastward, while in fact

it carries it in an opposite direction north and west by a

longer route, the reduced ton mileage being accepted to secure

the traffic."

The Iowa Central, cutting across the four main lines between Chicago

and Omaha, derives a large revenue from such diversion. Coal from

Peoria west, instead of moving by the shortest line to Omaha, is hauled

across the first three to a connection with the devious Great Western

line.[300] The motive is obvious.

A fourth cause of diversion of traffic has to do rather with the

operating than the traffic department. An inequality of tonnage in

opposite directions may make it expedient to solicit business for

the sake of a back load. The Canadian Pacific may engage in San

Francisco-Omaha business by way of Winnipeg, because of the scarcity

of tonnage east bound. The traffic to and from the southeastern states

is quite uneven in volume. The preponderance of bulky freight is north

bound to the New England centres of cotton and other manufacture;

while from the western cities, the greater volume of traffic is south

bound, consisting of agricultural staples and food stuffs. To equalize

this traffic it may often be desirable to secure the most roundabout

business. A disturbing element of this sort in the southern field has

always to be reckoned with. A good illustration elsewhere occurs in the

well known St. Cloud case.[301] The Northern Pacific accepted tonnage

for a most circuitous haul to Duluth, but seems to have done so largely

in order to provide lading for a preponderance of "empties." In this

case it did not lower the normal rate but accepted it for a much longer

haul.

Not unlike the preceding cause, also, is a fifth, the desire to be in

position to interchange traffic on terms of equality with powerful

connections. Mr. Bowes, traffic manager of the Illinois Central,

justifying the participation of this road in Chicago-San Francisco

business by way of New Orleans, well stated it as follows:[302]

"Of course the Southern Pacific Railroad, as you gentlemen

know, originate and control a very large traffic, which they

can deliver at various junctions; at New Orleans, where they

have their long haul to the Missouri river, and we naturally

want some of that business, a long haul traffic to New Orleans,

and in giving it to them we place them under obligations to

reciprocate and give us some traffic. That is one of the things

that occurs to a railroad man as to increasing the volume and

value of his traffic for the benefit of his company."

A sixth and final reason for diversion of traffic from the direct line

may be partly sentimental, but none the less significant. It concerns

the question of competition at abnormal distances. We may cite two

railroad witnesses, who aptly describe the situation. "We can haul

traffic in competition, and we frequently do, as I stated, at less

than cost, or nearly so, in order to hold the traffic and our patrons

in certain territory--Kansas City for instance--but we do not like to

do it."[303] Or again, "The Charleston freight is not legitimately

ours.... We make on these through rates from Chicago to Charleston, for

instance, scarcely anything. But it is an outpost. We must maintain

that or have our territory further invaded."[304] In other words, the

circuitous or over-long distance haul is a natural though regrettable

outcome of railroad competition.

* * * * *

What are the effects of this American practice of unduly disregarding

distance as a factor in transportation? Not less than five deserve

separate consideration in some detail. It inordinately swells the

volume of ton-mileage; it dilutes the ton-mile revenue; it produces

rigidity of industrial conditions; it stimulates centralization both of

population and of industry, and it is a tax upon American production.

One cannot fail to be impressed with the phenomenal growth of

transportation in the United States, especially in recent years.

It appears as if its volume increased more nearly as the square of

population than in direct proportion to it.[305] But do these figures

represent all that they purport to show? Every ton of freight which

moves from Chicago to San Francisco over a line one thousand miles too

long adds 1000 ton miles to swell a fictitious total. Every carload

of cotton goods hauled up to Chicago to be redistributed thence in

the original territory and every ton of groceries or agricultural

machinery exchanged between two regions with adequate facilities for

production of like standard goods contribute to the same end. How large

a proportion of this marvellous growth of ton mileage these economic

wastes contribute can never be determined with certainty. That their

aggregate is considerable cannot be questioned.

These practices must considerably dilute the returns per mile for

service rendered by American carriers--in even greater degree than they

enhance the apparent volume of transportation. Long-distance rates

must always represent a low revenue per ton mile, owing to the fixed

maximum for all distances determined by what the traffic will bear.

Furniture made in North Carolina for California consumption[306] cannot

be sold there in competition above a certain price. The greater the

distance into which the possible margin of profit is divided, the less

per mile must be the revenue left for the carrier. Yet this is not all.

Such would be true of simply over-long distance carriage. But to this

we must add the fact that some of this long-haul tonnage reaches its

remote destination over a roundabout line, which increases the already

over-long carriage by from twenty-five to seventy-five per cent. It is

apparent at once that a still greater dilution of the average returns

must follow as a result. From 1873 down to 1900 the long and almost

uninterrupted decline of rates is an established fact. Has the volume

of this economic waste increased or diminished in proportion to the

total traffic throughout this period? If it is relatively less today,

at a time when ton mile rates are actually rising, it would be of

interest to know how far such economies offset the real increases of

rates which have been made. Rates might conceivably rise a little, or

at all events remain constant, coincidently with a fall in ton mile

revenue produced through savings of this sort.

The third result of undue disregard of distance is a certain

inelasticity of industrial conditions. This may occur in either of two

ways. The rise of new industries may be hindered, or a well-merited

relative decline of old ones under a process of natural selection

may be postponed or averted. The first of these is well set forth as

follows:[307]

"It is always considered desirable to have a long haul, and

the rates on a long haul should be much less, in proportion

to distance, than on a short haul. This is a principle of

rate-making which has grown up as one of the factors in the

evolution of the railroad business in this country, and it has

greatly stimulated the movement of freight for long distances,

has brought the great manufacturing centres in closer touch

with the consumer at a distance and the producer in closer

touch with centres of trade. It has been of undoubted benefit

to both, though it may oftentimes retard the growth of new

industries by a system of rates so preferential as to enable

the manufacturer a long distance from the field of production

of raw material to ship the raw material to his mills,

manufacture it and return the manufactured goods cheaper than

the local manufacturer could afford to make it, and thus, while

building up the centres of manufacture, have retarded the

growth of manufacturing in the centres where the raw material

is produced."

The other aspect of industrial rigidity is manifested through the

perpetuation of an industry in a district, regardless of the physical

disabilities under which it is conducted. Another quotation describes

it well.[308]

SENATOR CARMACK. Is it the policy of the roads, wherever they

find an industry established, to keep it going by advantages in

the way of rates regardless of changes in economic conditions?

Mr. TUTTLE. I think in so far as it is possible for them to do

so. It has not been possible in all cases. We could not keep

iron furnaces running in New England; they are all gone.

One cannot for a moment doubt the advantages of such a policy as a

safeguard against violent dislocating shocks to industry. It may render

the transition to new and better conditions more gradual and easier to

bear. It has been of inestimable value to New England, as exposed to

the competition of newer manufactures in the Central West. But on the

other hand, it is equally true that in the long run the whole country

will fare best when each industry is prosecuted in the most favored

location--all conditions of marketing as well as of mere production

being considered. If Pittsburg is the natural centre for iron and steel

production, it may not be an unmixed advantage to the country at large,

however great its value to New England, to have the carriers perpetuate

the barbed wire manufacture at Worcester.[309] Each particular case

would have to be decided on its merits. My purpose at present is not to

pass judgment on any of them but merely to call attention to the effect

of such practices upon the process of industrial selection.

In the fifth place, every waste in transportation service is in the

long run a tax upon the productivity of the country. More men may be

employed, more wages paid, more capital kept in circulation; but it

still remains true that the coal consumed, the extra wages paid and the

rolling stock used up in the carriage of goods, either unduly far or

by unreasonably roundabout routes, constitute an economic loss to the

community. In many cases, of course, it may be an inevitable offset

for other advantages. In the Savannah Freight Bureau case[310] (map, p.

648, _infra_) Valdosta, Georgia, was 158 miles from Savannah, while it

was 275 and 413 miles by the shortest and longest lines respectively

from Charleston. Valdosta's main resource for fertilizer supplies,

other things being equal, would naturally be Savannah, the nearer

city. Yet in the year in question it appeared that nine-tenths of the

supply was actually drawn from Charleston; and much of it was hauled

413 instead of a possible 158 miles. No wonder the complainants alleged

"that somebody in the end must pay for that species of foolishness."

Whenever the Colorado Fuel and Iron Company succeeds in selling goods

of no better grade or cheaper price in territory naturally tributary

to Pittsburg, a tax is laid upon the public to that degree.[311] When

Chicago and New York jobbers each strive to invade the other's field,

the extra revenue to the carriers may be considerable; but it is the

people who ultimately pay the freight. The analogy to the bargain

counter is obvious. The public are buying something not necessary

for less than cost; while the carriers are selling it for more than

it is worth. Economies would redound to the advantage of all parties

concerned.

* * * * *

What remedy is possible for these economic wastes? Both the carriers

and the public have an interest in their abatement. The more efficient

industrial combinations have taken the matter in hand, either by

strategic location of plants or, as in the case of the United States

Steel Corporation, by the utilization of a Pittsburg base price scheme,

with freight rates added.[312] But probably the large proportion of

tonnage is still shipped by independent and competing producers. To

this traffic the railways must apply their own remedies. Either one of

two plans might be of service. The right to make valid agreements for

a division either of traffic or territory, if conceded to the carriers

by law under proper governmental supervision, would be an effective

safeguard. This would mean the repeal of the present prohibition of

pooling. The amendment of the long and short haul clause in 1910 (p.

601 _infra_) seems likely to do much toward accomplishing the same

result.

Agreements between carriers previous to 1887 were often employed to

obviate unnecessary waste in transportation. The division of territory

between the eastern and western lines into the southern states is a

case in point. Thirty years ago competition for trade throughout the

South was very keen between the great cities in the East and in the

Middle West. Direct lines to the northwest from Atlanta and Nashville

opened up a new avenue of communication with ambitious cities like

Chicago, St. Louis and Cincinnati. The state of Georgia constructed

the Western and Atlantic Railroad in 1851 for the express purpose

of developing this trade. As western manufactures developed, a keen

rivalry between the routes respectively east and west of the Alleghany

mountains into the South was engendered. A profitable trade in food

products by a natural, direct route from the Ohio gateways was,

however, jeopardized by ruinous rates made by the warring trunk lines

to the northern seaboard. Corn, oats, wheat and pork came down the

coast and into the South through the back door, so to speak, by way

of Savannah and other seaports. On the other hand the eastern lines

into the South were injuriously affected by the retaliatory rates on

manufactured goods made by the western lines for shipments from New

York and New England. Freight from each direction was being hauled

round three sides of a rectangle. Finally in 1878 a reasonable remedy

was found in a division of the field and an agreement to stop all

absurdly circuitous long hauls into one another's natural territory. A

line was drawn through the northern states from Buffalo to Pittsburg

and Wheeling; through the South from Chattanooga by Montgomery, Ala.,

to Pensacola. Eastern lines were to accept goods for shipment only

from their side of this line to points of destination in the South

also on the eastern side of the boundary. Western competitors were to

do the same. The result was the recognition of natural rights of each

to its territory. This agreement has now formed the basis of railway

tariffs into the southern states for almost a generation. Similar

agreements, on a less extensive scale, are commonly used to great

advantage. Thus in the "common point" territory formerly tributary to

Wilmington, Savannah and Charleston, the first named city insisted upon

its right to an equal rate with the other two, no matter how great the

disparity of distance. The Southern Railway and Steamship Association

arbitrated the matter, fixing a line beyond which Wilmington was to be

excluded.[313] Obviously such agreements have no force in law at the

present time. The only way to give effect to them is for connecting

carriers to refuse to make a joint through rate. This effectually bars

the traffic. Moreover entire unanimity of action is essential. Every

road must be a party to the compact. Otherwise the traffic will reach

its destination by shrunken rates and a more circuitous carriage even

than before.

One cannot fail to be impressed in Austria and Germany with the

economic advantages of an entirely unified system of operation. No

devious routing is permitted. Certain lines are designated for the

heavy through traffic, and concentration on them is effected to the

exclusion of all others. Between Berlin and Bremen, for example,

practically all through traffic is routed by three direct lines. No

roundabout circuits occur because of the complete absence of railway

competition. No independent lines have to be placated. The sole

problem is to cause the tonnage to be most directly and economically

transported. And this end is constantly considered in all pooling or

through-traffic arrangements with the railway systems independently

operated.

The Prussian pooling agreements with the Bavarian railways are typical.

Each party to the contract originally bound itself not to route freight

over any line exceeding the shortest direct one in distance by more

than twenty per cent. Compare this with some of our American examples

of surplus haulage of fifty or sixty per cent! And within the last

year, the renewal of these interstate governmental railway pools in

Germany has provided for a reduction of excessive haulage to ten per

cent. The problem of economical operation in Austria-Hungary with

its mixed governmental and private railways is more difficult. But

no arrangements are permitted which result in such wastes as we have

instanced under circumstances of unlimited competition in the United

States.

A more consistent enforcement of the long and short haul principle

might provide a remedy almost as effective as pooling. The Alabama

Midland decision nullified a salutary provision of the law of 1887

by holding that railway competition at the more distant point might

create such dissimilarity of circumstances as to justify a higher rate

to intermediate stations. Turn to our diagram on page 282 and observe

the effect. Traffic around two sides of a triangle from A to C by way

of B is carried at a rate equal to the charge for the direct haul from

A to C; or it may be even at a lower differential rate. Complaint

arises from the intermediate points y and x of relatively unreasonable

charges. The roundabout route replies with the usual argument about a

small contribution toward fixed charges from the long haul tonnage,

which lessens the burden upon the intermediate rate. This is cogent

enough up to a certain point. It might justify a lower rate to D, on

the natural division of line territory. It might be defensible on

principle to accord D a lower rate than x or possibly even than y. To

deny the validity of lower rates to z or C would however at once follow

from the same premises.

Under the new long and short haul clause, what may be done by the

Interstate Commerce Commission? This body roughly determining the

location of D, a natural division point, would then refuse to permit

A B, B C to charge less to either z or C than to any intermediate

point, x, B or y. Coincidently it would bar the other road A C, C B

from any lower through rate to points beyond D, such as x, B or y

than to any intermediate station. Two courses would be open to the

roads. They must either mutually withdraw from all business beyond

D or reduce their rates to all intermediate points correspondingly.

In a sparsely settled region with little local business, they might

conceivably choose the latter expedient. But in the vast majority of

cases the roads would prefer to withdraw from the unreasonably distant

fields.[314] Simultaneously taken by each line, such action would put

an end to the economic waste. At the same time it would terminate one

of the most persistent causes of rebates and personal favoritism. To be

sure it would generally operate in favor of the strong, direct lines as

against the weak and roundabout ones. Great benefit would accrue to the

Pennsylvania, the Illinois Central or the Union Pacific railroads. The

activities of the parasitic roads and the scope of parasitic operations

by the substantial roads would inevitably be curtailed. Much justice

would be done and much local irritation and popular discontent would be

allayed.

FOOTNOTES:

[249] P. 133, _supra_.

[250] _Quarterly Journal of Economics_, V, 1891, p. 438.

[251] Senate (Elkins) Committee Report, 1905, III, pp. 2152-2153. The

transverse Buffalo, Rochester and Pittsburg seems to be the feeder for

the New York Central and the Reading.

[252] _Ibid._, IV, p. 2849.

[253] U. P. Merger case: Supreme Court, October term, No. 820,

Appellant's Brief of Facts, pp. 135-193 and also p. 493.

[254] Question of Canadian-Pacific Differentials, Hearings, etc., Oct.

12, 1898, p. 115. Privately printed. _Cf._ also the Sunset Route,

_ibid._, p. 116.

[255] 51st Congress, 1st sess., Sen. Rep., No. 847, p. 176.

[256] _Pubs. Amer. Stat. Ass._, June, 1896, p. 73.

[257] Reports Internal Commerce, 1876, pp. 54-59.

[258] Map in Brief of Ed. Baxter, U. S. Supreme Court in the Alabama

Midland case.

[259] Windom Committee, II, p. 795.

[260] Cullom Committee, p. 530. Hudson also cites similar cases from

the Hepburn Committee. _Cf._ also Report on Internal Commerce, 1876,

App. p. 57.

[261] New York _Evening Post_, Sept. 30, 1905.

[262] Senate (Elkins) Committee, 1905, III, p. 1831.

[263] Only once compiled in detail. U. S. Treasury Dept., Circular No.

37, 1898. The volume of traffic by tons between points in designated

states by way of Canada was as follows:

From Illinois to California 11,800

From Illinois to New Jersey 80,000

From Illinois to Pennsylvania 123,000

From Kentucky to Pennsylvania 1,005

From Kentucky to New York 5,516

From Missouri to Pennsylvania 5,000

From Pennsylvania to Missouri 13,824

From New York to Kentucky 3,357

From New York to Missouri 12,869

From New York to Tennessee 609

From Ohio to Pennsylvania 26,801

From Pennsylvania to Ohio 5,251

From Ohio to New York 211,657

From New York to Ohio 55,243

[264] Debates, II, p. 1646, cited in University of Illinois Studies,

March, 1904, p. 21.

[265] Senate (Elkins) Committee, 1905, I, pp. 32-34. _Cf._ also 10 I.

C. C. Rep., 650. Another good instance on Arizona is in 16 _Idem_, 77.

[266] Page 2031.

[267] Senate (Elkins) Committee, 1905, II, p. 921.

[268] Cullom Committee, II, p. 101.

[269] 10 I.C.C. Rep., 81.

[270] Senate (Elkins) Committee, 1905, II, p. 919.

[271] _Ibid._, p. 1624.

[272] 11 I.C.C. Rep., 508.

[273] Question of Canadian Pacific Freight Differentials, Hearings,

etc., Oct. 12, 1898, p. 17. Privately printed. See also pp. 72 and 116

on the same point.

[274] Record Cincinnati Freight Bureau case, II, p. 306.

[275] Hearings, Question of Canadian Pacific Freight Differentials,

Oct. 12, 1898, p. 55.

[276] U. S. Industrial Commission, IV, p. 134.

[277] 55th Cong., 1st sess., Sen. Doc. No. 39, p. 88.

[278] By water from New York, 1800 miles to New Orleans, with 2489

miles by rail. Or to Galveston 2300 miles with 2666 miles by rail, a

total of 4966 miles. The direct line, all rail, is about 3300 miles.

Allowing constructive mileage of 3 to 1 for water carriage, they are

far from equal.

[279] Texas cotton bound for Yokohama by way of Seattle.

[280] On these matters the Record of the Business Men's League of St.

Louis case before the Interstate Commerce Commission, 9 Int. Com.

Rep., 318; and the Hearings on Canadian Pacific Differentials are

illuminating.

[281] Senate (Elkins) Committee, 1905, III, p. 1830.

[282] Record before the I.C.C.; Cincinnati Freight Bureau case, I, p.

166.

[283] Senate (Elkins) Committee, 1905, III, pp. 2540-2541.

[284] Senate (Elkins) Committee, 1905, III, pp. 2538 and 2550.

[285] Briefly discussed in the St. Louis Business Men's League case: 9

Int. Com. Rep., 318.

[286] Testimony, III, p. 2495 _et seq._

[287] The Report of the U. S. Commissioner of Corporations on the

Transportation of Petroleum, 1906, affords admirable examples. _Vide_,

pp. 5, 7, 14 and the map at p. 256.

[288] 23 I.C.C. Rep., 263.

[289] Similar triangular cross-road competition is in evidence in the

Wichita, Kan., cases on export grain, p. 232, _supra_.

[290] 1 I.C.C. Rep., 32; and Industrial Commission, XIX, p. 442.

[291] Statements taken before the Committee on Interstate Commerce of

the U. S. Senate with respect to the Transportation Interests of the

U. S. and Canada. Washington, 1890, p. 616. _Cf._ chap. X, p. 363,

_infra_; also the Wichita cases, in chap. VII, p. 232, _supra_.

[292] _Ibid._, p. 631.

[293] Senate (Elkins) Committee, 1905, II, p. 1706.

[294] Quoted from Acworth, 55th Cong., 1st sess., Sen. doc. 39, p. 33.

[295] _Newlands v. Nor. Pac. R. R. Co._; 6 Int. Com. Rep., 131.

[296] _Cf._ the case of the C. H. & D. R. R. on p. 271, _supra_.

[297] Record, Illinois Railroad Commission, concerning Reasonable

Maximum Rates, 1905, p. 165.

[298] _Cf._ p. 287, _infra_.

[299] 10 I.C.C. Rep., 29.

[300] _Boston Transcript_, Oct. 14, 1905.

[301] 8 Int. Com. Rep., 346; reprinted in our Railway Problems, chap.

XI.

[302] Senate (Elkins) Committee, 1905, IV, p. 2850.

[303] President Ramsey of the Wabash; Senate (Elkins) Committee, 1905,

III, p. 1971.

[304] Windom Committee, II, p. 796.

[305] P. 78, _supra_.

[306] Senate (Elkins) Committee, 1905, III, p. 2008.

[307] Senate (Elkins) Committee, 1905, IV, p. 3115.

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