Now, in practically every case the favorable treatment complained

of, due or undue, as the case may be, is forced upon the railway

company by competition in some shape or other. It may be competition

of other carriers by sea or by land, or it may be the necessity

for enabling one district to compete with another less favorably

situated. Such consideration for the commercial needs of districts

in relatively advantageous positions is permitted and encouraged

when it is afforded by different railways, though rendered difficult

when one railway serves the competing districts. What would State

railways do? If the law of undue preference now operative within

the limits of particular railway systems became, by reason of State

ownership, applicable to all railways, there would be a stupendous

disturbance of existing trading conditions. Instead of State purchase

diminishing the complaints of undue preference, it would be the

signal for the commencement of fierce conflicts between districts. It

would be necessary to face the question whether and to what extent

geographical advantage of position should be recognized in fixing

railway rates. The centers of production and consumption in England

have been fixed away back in commercial history, and from a railway

point of view these have largely to be taken as facts beyond control.

Facilities for reaching the populous centers of consumption are of

vital importance to producers and importers. Would State railways

be compelled by the pressure of interested landowners and others to

fix rates for agricultural produce and manufactured articles and for

import and export trade rigidly in proportion to distance?

It is probable that a bitter controversy would arise on the question,

and discontent with the railway arrangements which have gradually,

and with very general approval, been established in England, instead

of being lessened, would be greatly extended if we embarked on the

experiment of State ownership.

Would the management of railways by Government officials be, on the

whole, better than management by the officers of private corporations

working for profit?

That is the question which lies at the root of the subject which

we are discussing. So far as I am concerned, I have no inclination

to jibe at the management of those enterprises which are conducted

by the State and municipal bodies. I do not think that the postal

services would be better managed if they were under private control,

probably not so well. Municipal tramways show the weakness of public

management, chiefly in the tendency towards fixing charges at figures

which sacrifice the interests of ratepayers to the interests of the

working classes who possess votes, but who generally occupy houses

in respect of which they do not directly pay rates. That there would

be very grave risks in substituting State management for commercial

management of railways must, I think, be generally admitted.

But some of the principal arguments against municipal trading do

not seem to me to apply to the working of railways by the State. Of

course, the objection of those who think that no public authority

should become directly responsible for the management of any

commercial undertaking is as valid against State working of railways

as against municipal working of tramways, or municipal supply of

electricity for light and power. In both cases there is a restriction

of the field of private enterprise, and that is enough for the

out-and-out Individualist. He is convinced, on general grounds, that

all commercial undertakings should be left exclusively to private

enterprise. But those who are not prepared to settle such matters

on any general theory, and who prefer to weigh the advantages and

disadvantages in each case, see that many of the reasons against

municipal trading cannot fairly be urged against the national

ownership of railways. Municipal trading is indefensible because it

unfairly competes with private traders. Competition in commerce must

be fair competition on equal terms, otherwise it fails to secure any

of the economic advantages which do undoubtedly flow from the free

competition of private traders. A commercial undertaking must be

worked for a commercial profit. A municipality raises money on public

credit, and thus gains an advantage over every private competitor. It

also fixes scales of charges and rates of wages without reference,

or, at all events, without exclusive reference, to considerations of

profit, and thus makes it impossible for any competing trader to earn

a legitimate commercial profit. And to make it possible to do this it

uses the power of taxation, and levies rates on the competing traders

themselves, so that the municipal business can be carried on without

the commercial profit which the private trader must earn in order to

live. No one can say that this is fair competition.

Then municipal bodies are, from their composition, unsuitable for

carrying on commercial business. Their organization cannot be adapted

to commercial management. The individuals who serve on these bodies

have neither the time nor, as a collective body, the capacity for

managing the business on which they embark with efficiency and

success. The difference in results due to the difference between good

and bad management is paid for out of the rates.

These considerations do not, however, apply with equal force to the

State management of railways. The State would have a complete and

universal monopoly. There would be no private competition left,

except, of course, competition by sea or by tramway or any other mode

of conveyance which can compete with railways.

Then there would not be, it may be assumed, any body like a municipal

council who would practically interfere with the management. There

might be Advisory Councils, like the Prussian State Railway Councils,

and, of course, there would be a Minister of State responsible to

Parliament for the railway administration, and Parliament itself,

already, one may remark in passing, clogged and overburdened with

work. But it is certain that whatever the details of the organization

adopted might be, the whole of the management would practically be

left to the expert permanent officials of the railways. There is no

reason to doubt that railway officers would serve the State with as

much loyalty and with as great a measure of success as they now serve

the proprietors. Instead of being responsible to boards of directors

and shareholders, they would be responsible to a certain number of

officers of State, probably, indeed necessarily, to a large extent

recruited from their own ranks, and I do not think that the change

would result in much practical difference so far as the work of those

who really carry out the duties of management are concerned. The only

difference would be that these officers would have in view that they

were working for the State instead of for shareholders.

There can be little doubt that if railways were nationalized they

would be used as a field for many kinds of social experiments. The

combination of philanthropy with business is generally regarded

with suspicion, but the conversion of the railway manager into

a social reformer would, I think, arouse serious and legitimate

alarm. The certainty which we now possess that the action of any

railway company, whether it be wise or foolish in itself, is wholly

commercial in its motives and its aims, is a valuable safeguard. But

if railway policy were to become the medium for the promotion of

social or even economic theories under the guidance of politicians,

would not this be a most alarming peril to trading and industrial

interests? One group might insist, by political pressure, that the

standard of wages should be maintained at a higher level than could

be commercially justified. Another group, or many groups, might

devote their efforts to securing the construction of railways in

districts which could not support them with sufficient traffic, with

the result of burdening the railway system with many unremunerative

branches for which either traders, passengers, or the taxpayers

throughout the country would have to pay. The policy of others would

be to make suburban railways at enormous cost, and run cheap trains

to serve the population resident in large cities, regardless whether

such railways or trains were self-supporting or not. In this policy

they would have the ardent and influential support of the owners of

suburban land, who would rejoice in the increase of their rents,

brought about by the expenditure of public money in creating railway

facilities on uncommercial terms. These are not fanciful dangers.

They are the results which we may feel sure would inevitably follow

the nationalization of our railways, and the advantages to be gained

from State management would need to be very great to compensate for

these burdens.

Another aspect of the question which requires the gravest

consideration is that which concerns the position of the State as

an employer of labor. There are upwards of 620,000 railway officers

and servants. The State would become the direct employer of that

huge army, and would have to settle all questions relating to hours,

wages, and other conditions of service. If a railway company is

unable to settle differences with its men the ultimate resort of the

men is the withdrawal of their labor, whilst the company are free

to employ other men who are willing to accept their conditions of

employment. Any railway strike on a large scale is a dire calamity to

trade and to the public, but if one were compelled to consider the

possibility of a general strike on a national railway system, even

the deplorable results which accompany strikes on privately-owned

railways would seem comparatively insignificant. Probably a railway

department of Government would not urge the adoption of compulsory

arbitration, if they were themselves concerned, with as much

equanimity as they do in the case of strikes on private railways. It

is true that in this matter the advocates of State railways can point

to the comparative absence of labor conflicts in connection with the

services now under Government control, but municipal undertakings

have not been so successful in avoiding labor disputes, and in many

cases have secured even the degree of immunity from such conflicts

which they enjoy by the concession of terms of employment which

constitute heavy burdens on the ratepayers. It seems to me that the

danger of serious labor disputes cannot be put aside, and I confess

that I am unable to see any safe way of meeting the objection to

State ownership on the ground that the State ought to limit, as far

as possible, its liability to become directly concerned in such

disputes.

In conclusion, I would say that I have felt unable to take up a

partisan attitude on the question. For many years past both my

studies on railway subjects and my practical experience have led me

to a convinced belief in the advantages of well-regulated monopoly,

and I am unable wholly to disapprove of a scheme which would secure

for the country the advantages of a system of well-regulated monopoly

in which I believe, even although it should come in the guise of

State ownership.

Competition, in my judgment, creates more evils than it cures,

especially the half-hearted and imperfect competition which exists in

England so far as railways are concerned, which cannot be regarded as

free competition on a commercial basis.

I recognize that it is impracticable to secure unification or any

very extensive or far-reaching combinations of railways under

our system of private ownership. The public would not tolerate

uncontrolled railways under private management, and I doubt whether

any form of control which has yet been devised, or is likely to

be devised, combined with partial competition, can give entirely

satisfactory results. That there are grave dangers and risks in the

public ownership of railways I fully admit; indeed, so grave are

they, that I think he would be a very bold minister who would venture

to bring forward, under Government sanction, a proposal for the

nationalization of our railways. The existence of such a huge amount

of Government patronage would open the door to political corruption.

The existence of such an enormous body of Government servants

possessing the franchise--and I confess it seems to me impracticable

to hope that any measure could be carried subject to disfranchisement

of Government servants--would imperil the financial stability of

the railway system, and introduce new and very serious sources of

weakness and danger into the body politic.

The risk of loss from the charging of unduly low rates under pressure

from the influential body of traders seeking to enrich themselves

at the expense of the general community seems to me a risk which no

thoughtful man can ignore. No expedients for checking and restraining

political influence so that it could not reach or sway the decision

of the officers of State responsible for railway management seem to

me practicable under our democratic constitution.

If the nation owns the railways, the nation must take all the risks

of State ownership, and we could only trust that the existing

purity of our politics and the common sense, honorable character,

and long experience in self-government of the English people would

suffice to protect the commonwealth from these perils resulting in

serious harm. But whatever may be the issue of the consideration of

the question of State purchase of railways, I am prepared to believe

that English railways will continue, whether under State management

or under private management, to deserve the praise which Mr. W. M.

Acworth expressed in his recent address as President of the Economic

Section of the British Association in Dublin, by saying that in

his judgment--after, I may remind you, a fuller study of railway

conditions in all countries of the world than has been given to the

subject of many men in England--that "English railways are, on the

whole, among the best, if not actually the best, in the world."

CONCERNING ADVANCES IN RAILWAY RATES

FEBRUARY 8, 1909.--Ordered to be printed.

Mr. ELKINS, from the Committee on Interstate Commerce, submitted the

following

ADVERSE REPORT.

[To accompany S. 423.]

The Committee on Interstate Commerce, to which was referred

Senate bill 423 "To amend section 6 of an act entitled 'An act to

regulate commerce,' approved February fourth, eighteen hundred and

eighty-seven, and acts amendatory thereof," respectfully reports said

bill adversely, and recommends its indefinite postponement.

The amendment proposed to section 6 will be found on page 4,

commencing on line 10, and ending on page 5, on line 8, of the bill,

as follows:

_Provided further_, That at any time prior to the expiration of

the notice herein required to be given of a proposed increase

of rates, fares, or charges, or of joint rates, fares, or

charges, any shipper or any number of shippers, jointly or

severally, may file with the commission a protest, in writing,

against the proposed increase in whole or in part, stating

succinctly the grounds of his or their objections to the

proposed change. The filing of such protest shall operate to

continue in force the then existing rate or rates, fare or

fares, charge or charges, proposed to be changed and protested

against as aforesaid, until the reasonableness of the rate

or rates, fare or fares, charge or charges, proposed to be

substituted shall have been determined by the commission. Upon

the filing of such protest, a copy thereof shall be mailed by

the Secretary of the commission to the carrier or carriers

proposing the change and thereafter the commission shall

proceed to hear and determine the matter in all respects as it

is required to do by sections thirteen and fifteen of this act,

in case of a complaint made because of anything done or omitted

to be done by any common carrier, as provided in said section

thirteen; but throughout the proceeding, the burden of proof

shall be on the carrier proposing the change to show that the

rate, fare or charge proposed to be substituted is just and

reasonable.

An amendment was offered in the committee which would modify

the original proposition of the amendment, by leaving it to the

discretion of the Interstate Commerce Commission, upon the filing

of a protest against the proposed increase of rates, to determine

whether the schedule filed should go into effect at the end of

thirty days or should be suspended by order of the commission until

after final hearing, upon the question as to whether the advance was

reasonable.

This proposed amendment to the amendment of the 6th section, although

somewhat modifying its effect, did not alter the principle upon

which the original amendment rested, or remove the objections that

influenced the committee in reporting the bill adversely. The reasons

which control the action of the committee may be briefly stated as

follows:

REVIEW OF QUESTION BEFORE COMMITTEE.

1. From 1887 Congress, by the act then passed "to regulate commerce"

through all of its amendments to that act, including the act of June

29, 1906 (which was passed after the most elaborate investigation of

the entire subject and the fullest debate), has adhered to a fixed

policy in its legislation upon this subject. It has declared its

constitutional right to regulate the transportation of persons and

property in interstate and foreign commerce, while, at the same time,

it has recognized the right of the owners of the instrumentalities

of commerce to control and manage their properties subject to the

supervision and limitation imposed by the regulating statute, that

the charges, fares and rates must be fair, just, and reasonable;

that neither discrimination as to person or place must be found in

the schedules; and that no device of any character should result in

unlawful preference between shippers.

It has in all these acts recognized the right of the responsible

managers of the transportation interests of the country to fix

the rates for transportation, as upon its revenue must rest the

efficiency of its service to the public and the value of its property

to its holders, subject only to those wise limitations which prohibit

the exercise of these property rights to the injury of the public.

Congress has appreciated the magnitude of the vast interest affected

by such legislation. With 230,000 miles of track, with millions of

rates published in accordance with the statute, with changes of rates

numbering between 600 and 700 a day, and reaching the enormous sum of

225,000 a year, it has, with the practical experience of twenty-two

years, refused to take the initiation of rates from the carrier and

impose it upon its administrative tribunal. Congress and the Supreme

Court have adopted the construction of the act to regulate commerce,

announced by Judge Jackson (Interstate Commerce Commission _v._ B. &

O. R. R. Co., 43 Fed. Rep., 37, and affirmed, 145 U. S., 263):

Subject to the two leading prohibitions that their charges

shall not be unjust or unreasonable, and that they shall not

unjustly discriminate, so as to give undue preference or

disadvantage to persons or traffic similarly circumstanced, the

act to regulate commerce leaves common carriers as they were

at the common law, free to make special contracts looking to

the increase of their business, to classify their traffic, to

adjust and apportion their rates so as to meet the necessities

of commerce, same principles, which are regarded as sound, and

adopted in other trades and pursuits.

This policy, we believe, has been approved by the country during that

period. Pending the elaborate investigation of this subject prior to

the passage of the act of June 29, 1906, no crystallized sentiment

was manifested, either in the press or during the hearings, that

indicated a public sentiment that this policy should be departed

from. Since this bill has been before your committee no such public

sentiment has been shown to exist by those who appeared before it.

The conferring upon the commission the power to suspend a rate

advanced, either upon the filing of a protest by a shipper or in the

discretion of the commission, taken in connection with the provision

of the statute which gives to the commission the power to fix a rate

and to designate the time, not longer than two years, that it should

remain in force, would ultimately turn over to that administrative

body the function of initiating the rates of the entire country. It

would offer a premium to every shipper to enter a protest to the

advance of rates, whether they were reasonable or unreasonable, even

if discretion was vested in the commission. The protest, prepared

by skilled attorneys, presenting a prima facie case of unreasonable

advance of the rate, with no opportunity for an investigation before

it must be acted upon, an official body, on which was imposed the

responsibility to act would be constrained to suspend the rate until

a final determination of the complaint.

The existing law permits any shipper to protest any rate that has

gone into effect, the hearing on the protest is made without formal

pleadings, and the commission is authorized then to determine

the question whether the rate put in effect by the carrier was a

reasonable rate or not, and, if not, to make the rate reasonable. So

far, in the practical operation of the act of June 29, 1906, this

provision of law has worked satisfactorily, and but comparatively

few of the decisions of the commission have been contested by

the carriers. Under existing law both parties are protected. If

the decision is that the rate is unreasonable a judgment may be

rendered in favor of the protestant for the difference between

what the commissioners determine is a reasonable rate and the rate

fixed by the carrier, with 6 per cent interest from the date of the

overcharge. If, on the other hand, this amendment should receive the

approval of Congress and the rate filed by the carrier should be

protested and then suspended by the commission (in the multiplicity

of duties imposed upon that tribunal), considerable time would elapse

before a final determination of the question could be reached. During

that period the carrier would be receiving only the old rate, and if

the commission finally decided that the advance was reasonable no

reparation in any way could be awarded.

It was alleged before the committee that this last result would

not be very injurious to the carrier, for the reason that it would

be receiving the rate which it had fixed as a fair compensation

for the service performed prior to the change. The answer to this

seems reasonable, which was, that conditions had so changed that

it required an advance of the rate to meet those new conditions.

Otherwise the advanced rate would have no justification. That traffic

officials fully appreciate the fact that, with the watchful eyes of

every shipper affected by an advanced rate and the authority of the

commission to determine and fix a just and reasonable rate (as a

general rule), rates would not be advanced by such officials without

a belief upon their part that there were sufficient reasons to

sustain them, if protested.

The attention of the committee has been called to the attitude of

the commission in its rulings upon the advance of rates, even where

the facts have shown that the rates have been lowered with a view

of developing a particular industry. In the case of the New Albany

Furniture Company against Mobile, Jackson and Kansas City Railroad

Company, etc., decided June 2, 1908, the commission held:

"The rates were low before the increase, but having been

established, after prolonged negotiations, especially for the

purpose of permitting complainant to reach a particular market,

and in preference to making a readjustment in some other

direction or territory, and complainant having adjusted its

business thereto, defendants may not by an arbitrary advance

in those rates destroy complainant's business, there being no

evidence that the rates advanced were less than the cost of

service."

A similar decision was rendered on the 1st of June in the case of

Western Oregon Lumber Manufacturers' Association against the Southern

Pacific Company.

The Railway Library, 1909 A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year · 第 24 / 39 段