"Since it has been decided that no rate can be put up once

it has been put down, without appeal to the law courts, the

railway companies have practically arrived at the conclusion

that they will not put them down because they do not know

whether they will have an opportunity to put them up again.

"Senator CULLOM: Do you think it works to the advantage of the

people that the railways will not put the rates down for fear

they will not get a chance to put them up again?

"Mr. ACWORTH: Personally, I have no doubt it does not. It is

fair to remember always that it may protect the weaker in

commercial strife. It is rather hard on the weaker man to be

crowded to the wall by a wholesale concern in any walk of life.

But if it be true in ordinary business that, on the whole, the

public gains by the wholesaling method, it is probably true in

railway business also. I think that, so to speak, the heart has

been taken out of the railway man. The railway men understand

this business; they know how to manage it in their own way. The

railway men think 'the responsibility has ceased to be ours; we

must maintain the status quo,' and that is what they do.

"The CHAIRMAN: You think that dividing responsibility impairs

the administrative power of the officials of the roads as well

as the service they render to the public?

"Mr. ACWORTH: From the operating point of view, I do not think

our railways have been sufficiently interfered with to prevent

them developing the goodness of the service. But as to rate

making, I have no doubt that the interference of Parliament,

the courts, and the Executive has all tended to stereotype and

keep rates at an unnecessarily high level.

"The CHAIRMAN: Would you say that, on the whole, the power

to make rates generally and primarily should be left to the

railroads and to the free play of the forces of the business

world?

"Mr. ACWORTH: Speaking as an individual student, I have no

doubt that that is the process that will arrive at the best

results for the community, with this exception: That I fully

think it is necessary that the community in some way should

interfere to protect all customers from unfair treatment.

"The CHAIRMAN: You think that the power should reside somewhere

to correct excessive and extortionate rates by summary and

proper proceedings?

"Mr. ACWORTH: I am not sure that I should go so far as to say

excessive rates regarded as excessive in themselves. I am

myself inclined to think that excessive rates will correct

themselves. The wise men will discover that it does not pay to

charge excessive rates. But I think the law should interfere to

prevent unfair rates to A as compared with the rates given to

B. It seems to me that the State is bound to insist that the

rates shall be public, and that practically will settle it,

for if they are public they have got to be fair; I am inclined

to think the law should confine itself to securing that, where

there is a difference made as between A and B, the difference

should be a difference for a commercial reason, and not for any

reason of personal favoritism.

"Senator FORAKER: And I understand you to say that the effect

of fixing maximum rates is to lessen the tendency to reduce

rates, which railroads had practiced before this legislation

was enacted?

"Mr. ACWORTH: I am not quite sure that the maxima have really

had very much effect at all. It has been a tendency, but I do

not think an important tendency. But the interpretation by the

courts of the undue preference law, and the recent limitation

that having once reduced you can not subsequently increase,

have had that effect markedly, I believe.

"Senator FORAKER: So that the rates for the transportation of

freight on railroads in England have not been declining, I take

it from your statement, in recent years, but have remained

practically stationary?

"Mr. ACWORTH: I do not know what the average rate is, because

there are no statistics in England; but my own impression would

be that it had probably not declined to an appreciable extent,

whereas in an earlier period it certainly did decline pretty

fast."

The effect of a similar law, passed in England, as shown by the

testimony of Mr. Acworth, confirms the views of the committee which

have been expressed in this report, that with such a provision

embodied in the present interstate commerce law, there would be few

reductions or advances in American rates. If it had the effect in

England of destroying the flexibility of the rates of the carrier and

interfered with the development of England's commerce, as well as her

railroads, how much more serious would be the result in this country,

that is in the process of rapid development, both as to its commerce

and territory? It has been credibly stated that the Board of Trade of

England is now seriously considering a recommendation for the repeal

of that provision of the statute.

AN ANALYSIS OF THE COMMUNICATION TO THE COMMISSION--MANY OF ITS

OBJECTIONS APPLY TO THE AMENDMENT OFFERED IN COMMITTEE.

9. When this bill was referred to your committee for its

consideration the chairman addressed a letter to the Interstate

Commerce Commission, inclosing the bill, and requested the opinion of

the commission as to the wisdom of incorporating the amendment into

the interstate commerce law.

The chairman replied in the following communication:

"INTERSTATE COMMERCE COMMISSION,

"_Washington, January 29, 1908._

"HON. STEPHEN B. ELKINS,

"_Chairman Committee on Interstate Commerce_,

"_United States Senate, Washington, D. C._

"DEAR SIR: The Interstate Commerce Commission has the honor to

submit the following in response to your communication of 24th

instant, transmitting a bill (S. 423) to amend section 6 of the

act to regulate commerce, introduced by Senator Fulton December

4, 1907, and requesting the commission to 'advise the committee

before its next meeting, January 31, their opinion of said bill

and what action they would suggest thereon.'

"Whilst the views of the entire commission can not be

definitely ascertained within the time named, because of

absences on official business, a majority of the commissioners

and probably all of them would not be disposed to favor the

enactment of this measure.

"To give to the protest of a single shipper the effect of

preventing the advance of any rate until the reasonableness of

that advance was affirmatively determined by the commission

would establish a hard and fast rule of doubtful fairness

to the railroads and questionable advantage to the public.

Under existing conditions we are of the opinion that it would

be unwise to adopt the arbitrary limitation which this bill

proposes, whatever may be found desirable or necessary in this

regard in the future.

"It is further to be observed that the passage of such a bill

at this time would impose a burden upon the commission which

it ought not to be asked to undertake. If every proposed

advance had to be investigated by the commission and officially

sanctioned before it could take effect, the number of cases

to be considered would presumably be so great as to render

their prompt disposition almost impossible. In instances of

justifiable increase the necessary delay resulting from the

probable volume of cases would work injustice to the carriers.

Until conditions become more stable and the substantive

provisions of the act are more completely observed in railway

tariffs and practices we entertain the belief that a wider

latitude of discretion on the part of carriers than this

measure allows should be permitted.

"It is also suggested that the practical effect of the proposed

amendment might be to prevent voluntary reductions of rates

by the carriers. If no rate could be increased without the

approval of the commission after affirmative showing by the

carrier it might happen that many reductions now voluntarily

accorded would not be made.

"This subject of rate advances was discussed in our recent

annual report to the Congress, and that portion of the report

is transmitted herewith for the information of your committee.

It concludes with a recommendation relating to the matter in

question in which the entire commission concurred, and that

recommendation is now respectfully renewed.

"Very respectfully,

"MARTIN A. KNAPP,

_Chairman_."

It will be observed by an examination of this communication from the

commission that it deemed it unwise to recommend the adoption of the

amendment to the sixth section as offered in Senate bill 423, but the

letter refers to its former report as expressive of its views upon

this subject, which recommended a somewhat similar provision, but

differing in this respect. In Senate bill 423 the filing of a protest

would suspend the taking effect of the rate until after full hearing

as to the merits of the advance. The recommendation of the commission

in its former report, referred to in the communication, recommended

the adoption of a provision that would confer upon the commission,

upon the filing of a complaint, the discretion to suspend the rate

until final hearing. The amendment to the bill before your committee

offered during its consideration, and which has been fully discussed

in this report, was in substance the recommendation of the commission.

An analysis of the letter of the chairman of the commission, stating

the objections to the enactments of the proposed amendment into law,

sustains many of the reasons which have been urged in this report

against the approval of the principle announced by that amendment.

The committee quotes from the letter, as follows:

"(a) To give to the protest of a single shipper the effect of

preventing the advance of any rate until the reasonableness of

that advance was affirmatively determined by the commission,

would establish a hard and fast rule of doubtful fairness to

the railroads and questionable advantage to the public.

"(b) Under existing conditions we are of the opinion that it

would be unwise to adopt the arbitrary limitation which this

bill proposes.

"(c) If every proposed advance had to be investigated by the

commission and officially sanctioned before it could take

effect the number of cases to be considered would presumably be

so great as to render this prompt disposition almost impossible.

"(d) It is further to be observed that the passage of such a

bill at this time would impose a burden upon the commission,

which it should not be asked to undertake.

"(e) In instances of justifiable increase all necessary delay

resulting from probable volume of cases would work injustice to

the carriers.

"(f) Until conditions become more stable and the substantive

operations of the act are more completely observed in railway

tariffs and practices, we entertain the belief that a wider

latitude of discretion on the part of carriers than this

measure allows would be permitted.

"(g) It is also suggested that the practical effect of a

proposed amendment might be to prevent voluntary reductions of

rates by the carriers.

"(h) If no rate could be increased without the approval of the

commission after affirmative showing by the carrier, it might

happen that many reductions now voluntarily accorded would not

be made."

The nine reasons suggested by the commission why the original

amendment offered to section 6 should not be adopted, fully sustain

the committee in reporting the bill adversely, and to a great extent,

fully justify the views which it has expressed in this report as

influencing the actions of the committee in its adverse report upon

the amendment proposed in the committee.

The committee is unable to appreciate the force of the suggestion

of the modification proposed to the original amendment, as in any

way changing the principle embodied in it, or the practical results

which would flow from its adoption. If the power was conferred upon

the commission, when a rate was advanced, upon complaint to suspend

the going into effect of that rate until a final hearing, every

objection urged by the commission to the adoption of the bill, but

the first two, would be applicable to the modification proposed by

the commission to the original amendment.

Under the modification suggested by the commission the burden

imposed upon it would be greater, if possible, than under the

original amendment. Under the original amendment, by force of the

statute, the filing of the protest would suspend the advanced rate,

and the hearing upon the merits would take place after the thirty

days had expired. Under the suggestion of the commission conferring

upon it the discretionary authority upon complaint to determine

whether the rate should go into effect at the time prescribed by

law or be suspended, there is imposed an official quasi judicial

duty upon the commission, which it should not perform except upon

proof that probably the rate sought to be advanced would ultimately

be determined to be unreasonable. Remembering the large number of

changes of rates daily, and the fact that under the law the complaint

could be filed at any time within the thirty days, would it not be

an impossible undertaking for the commission to hope to perform this

official act with justice to the public or to the carrier? In the

multiplicity of duties now demanding its most earnest attention,

would not the practical operation of such a law compel it to enter

a pro forma order of suspension until the final hearing, when the

commission, upon an examination of the complaint, is satisfied that

it presented a prima facie case of unreasonable advance?

An official tribunal charged with the duty of preventing

an unreasonable advance in rates would be constrained, on

the presentation of such a complaint, to issue the order of

suspension. If the slightest doubt was raised in its mind as to the

reasonableness of the advance, its official obligation would require

it to enter the order of suspension. Is there any question that such

a prima facie case could be made where the consideration of the

protest would, of necessity, be ex parte?

The committee is not, therefore, able to draw a distinction between

the original amendment and that proposed in committee. In the opinion

of the committee the reasons stated in the letter of the chairman

of the commission, and the reasons given in this report, not only

justify it but compel an adverse report.

CONDITIONS CONFRONTING CONGRESS.

10. The act of June 29, 1906, took effect August 28, 1906. It has

been operative only about twenty-eight months. During half of that

period of time the country has experienced the effects of a severe

commercial panic; business has been prostrated; transportation

paralyzed; thousands of cars have been stored on the sidings, and

hundreds of engines have been placed in the shops, awaiting the

revival of business. From conditions existing today, we have a right

to assume that before many months we shall be approaching normal

conditions. The commission has not had sufficient time to interpret

and construe the recent law and to promulgate its orders in reference

to the action of the carriers under it. Many of the traffic questions

involved, under the provisions of that law, are yet to be construed

and put in force by orders of the commission. Is it wise, under these

conditions, to begin amending that statute by introducing provisions

inconsistent with the basis of the act? It has been shown that under

the power conferred by that recent enactment, the commission is

vested with the power to change an existing unreasonable rate and

to fix for the future a reasonable rate. It has also the authority

conferred upon it to award reparation to the extent of any injury

resulting to a shipper, by reason of the existence of an unreasonable

rate.

Attention has been called to the opinion of the commission, as

expressed in its decisions, narrowing very greatly the right of the

carrier to advance a rate that would meet with its approval upon

hearing. The committee must assume, in considering this question,

that both the shippers and traffic officials, with knowledge of the

views entertained by the commission upon the question of an advance

of rates, will in the one case be prompt to avail themselves of that

attitude of the commission, and in the other that they will seek to

so adjust their rates as to bring their schedules within the rulings

of that tribunal. The committee believes the highest duty of the

commission is to bring together shippers and carriers, to the end

that each may see that neither can be permanently prosperous at the

expense of the other. It further believes that in many instances

this effort has been made by the commission, and successfully made.

It cannot be accomplished by statutes causing rigidity of rates. The

most sensitive spot in the great business dealings of the country

is the railroad rate. This rate must be raised or lowered, not in

obedience to a rigid statutory law, but in obedience to the varying

conditions of trade and commerce.

The National Board of Trade, one of the most important commercial

organizations in the country and one of the most influential, met in

Washington on Tuesday, January 19, 1909. Two proposed resolutions

were submitted to that convention. First, by the Philadelphia Press

League, urging an amendment to the interstate commerce law, to permit

railroads engaged in interstate traffic to enter into the making

of agreements under the supervision and control of the Interstate

Commerce Commission. The second proposition was submitted by the

Scranton Board of Trade, embodying the provisions of the amendment

offered in the committee upon the consideration of Senate bill 423,

and approved in the report of the Interstate Commerce Commission as

to the advance of rates.

These resolutions were referred to the committee on resolutions

having charge of interstate commerce matters. That committee, through

its chairman, made the following report, which was unanimously

indorsed by the convention of the National Board of Trade:

"The committee on interstate commerce law respectfully reports

that, in its judgment, the National Board of Trade ought not

at this time to recommend any change in the laws relating to

interstate commerce."

The convention was not satisfied with the passage of this resolution,

but the chairmen of the several committees of that association were

subsequently authorized and directed by resolution to urge the

conclusions of the board in its name whenever possible.

The country is now demanding repose in its industrial upbuilding. It

is not a time to experiment and to change the basis upon which the

former acts to regulate commerce have been predicated. The recent

law passed by Congress so greatly enlarging the authority of the

commission should, before changes are sought, have the opportunity

of at least a fair trial as to the value of its provisions in the

regulation of interstate commerce. When trial has been given and

normal conditions have been restored, any defect in the regulating

statute can then, in the light of experience, be promptly remedied.

FOOTNOTE:

[J] The average rate per ton mile in 1908 was 7.54 mills.

STATISTICS OF AMERICAN RAILWAYS

FOR THE YEAR ENDING JUNE 30

1909

PREPARED BY

SLASON THOMPSON

MANAGER OF THE BUREAU OF RAILWAY NEWS AND STATISTICS

INTRODUCTION

"The function of accounts is to record facts. True accounting

is nothing more, nor nothing less, than the correct statement

of what in fact has taken place, and the measurement of that

fact in an appropriate figure."--Prof Henry C. Adams.

To be of the highest value, statistics must be accurate,

uniform and continuous.

Nothing in the nature of statistics under official authority more

confusing and misleading has ever been issued from the government

printing office than those portions of the Twenty-third Annual Report

of the Interstate Commerce Commission for the year ending June 30,

1909, purporting to deal with the financial results of the railways

of the United States for the fiscal years 1908 and 1909.

On the first page of the Report the financial results of the last two

fiscal years are set down thus:

===================================================================

| Operating | Operating | | Operating

| Revenues | Expenses | Taxes | Income

-----+----------------+----------------+-------------+-------------

1908 | $2,461,521,345 | $1,721,327,155 | $83,775,869 | $655,418,321

1909 | 2,494,115,589 | 1,662,102,172 | 89,026,226 | 742,987,191

-----+----------------+----------------+-------------+-------------

The mileage operated in 1908 is stated as 228,164.80 and in 1909 as

233,002.67 miles.

On page 54 of the report the summary compiled from the monthly

reports gives the following comparative figures for the same years:

===================================================================

| Total | Total | |

| Operating | Operating | Net Revenue | Taxes

| Revenues | Expenses | |

1908 | $2,421,542,004 | $1,687,144,975 | $734,397,029 | $83,775,869

1909 | 2,443,312,232 | 1,615,497,233 | 827,814,998 | 89,026,226

-----+----------------+----------------+--------------+------------

The mileage is the same as above, with the added information that the

mileage operated at the end of the fiscal year 1908 was 229,952.36;

and at the end of 1909, 234,182.70.

It will be observed that the taxes in both summaries are identical,

but in one they are subtracted from net revenues and in the other

they are not.

An insert facing page 54, giving the details of the monthly reports

from which the table on that page is compiled, reveals the common

source of both sets of returns and gives the key to the discrepancy

between them. This is no less than the inclusion in the former of the

revenues and expenses from "outside operations," which are excluded

from the summary on page 54, in which the "net revenue" only from

such outside source is mentioned and added to the net revenue from

rail operations.

The impropriety and inaccuracy of such accounting becomes manifest

when its effect is seen to vary the ratio of operating expenses to

earnings from 69.67% to 69.93% in 1908, and from 66.12% to 66.64% in

1909.

On pages 64 and 65 appears another set of income figures for the year

ending June 30, 1908. This is compiled from the annual reports of the

carriers operating 230,494 miles of line, from which _the mileage

of switching and terminal companies is excluded_. It supplies the

following summary:

YEAR ENDING JUNE 30, 1908.

===========================================+=================

Rail operations: |

Operating revenues | $2,393,805,989

Operating expenses | 1,669,547,876

Net operating revenue | 724,258,113

Taxes | 78,673,794

Net revenue from outside operations | 5,977,268

Operating income | 651,561,587

Ratio of operating expenses to earnings | 69.72

-------------------------------------------+-----------------

As these figures are compiled from the only returns which furnish

data respecting all the various phases of railway operation in the

United States, they will be accepted in subsequent pages as the

official returns for 1908.

The above figures are exclusive of returns from switching and

terminal companies, whose earnings, according to the monthly reports

in 1908, were $23,028,773; expenses, $16,383,481, and taxes,

$1,245,261.

GROSSLY EXAGGERATED DIVIDENDS.

But these are venial variations compared to the deliberate

misrepresentation as to dividends on page 62 of the report, where it

is stated:

"The amount of dividends declared during the year was $386,879,362,

being equivalent to 7.99 per cent on dividend-paying stock. For the

year ending June 30, 1907, the amount of dividends declared was

$308,088,627."

The Railway Library, 1909 A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year · 第 27 / 39 段