The Arena. Volume 4, No. 21, August, 1891. Various
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on one side, and commercial enterprises of every name and kind on the other.
There are but three countries of any importance where the railways are operated by corporations permitted to fix rates, as in all others the government is the ultimate rate-making power: these are Great Britain, Canada, and the United States; and while the British government exercises a more effective control than we do, there are many and oppressive discriminations, and complaints are loud and frequent, and English farmers find it necessary to unite for the purpose of securing protection from corporate oppression, as is shown by the following from the Liverpool Courier of January 29, 1891.
After the counsel given them yesterday by Mr. A. B. Forwood, of Ormskirk, it may be expected that the Liverpool District Farmers’ Club will be on the watch for tangible evidence of their grievances against the railway companies…. Under certain circumstances competition operates to the advantage of the public, and rival carriers are constrained to convey goods from place to place at moderate charges; but where a company is not held in check, the tendency is for rates to advance. In many cases, too, special interests of the companies are promoted at the expense of localities, and even individuals are subjected to the wrong of preferential charges. (There are no complaints in Britain that these discriminations are practised for the purpose of enriching the officials.) Hence the necessity for the Railway Commission to regulate the magnates of the iron road, who when left without restraint pay little regard to interests other than those of their shareholders.
Although Mr. Acworth fails to mention this phase of English railway administration, it would appear that the evils of discrimination are common under corporate management in Great Britain, and that they are inherent to and inseparable from such management; and that the questions of rates, discriminations, and free traffic in fuel can be satisfactorily adjusted only by national ownership, and if for no other reasons such ownership is greatly to be desired.
The failure to furnish equipment to do the business of the tributary country promptly is one of the greater evils of corporate administration, enabling officials to practise most injurious and oppressive forms of discrimination, and is one that neither federal nor State commission pays much attention to. With national ownership a sufficiency of cars would be provided. On many roads the funds that should have been devoted to furnishing the needed equipment, and which the corporations contracted to provide when they accepted their charters, have been divided as construction profits or, as in the case of the Santa Fe, Union Pacific, and many others, diverted to the payment of unearned dividends, while the public suffers from this failure to comply with charter obligations; yet Mr. Dillon informs us that the citizen commits an impertinence when he inquires why contract obligations, which are the express consideration for the exceptional powers granted, are not performed.
Another great advantage which would result from national ownership would be such an adjustment of rates that traffic would take the natural short route, and not, as under corporate management, be sent around by the way of Robin Hood’s barn, when it might reach destination by a route but two thirds as long, and thus saving the unnecessary tax to which the industries of the country are subjected. That traffic can be sent by these round-about routes at the same or less rates than is charged by the shorter ones is prima facie evidence that rates are too high. If it costs a given sum to transport a specific amount of merchandise a thousand miles, it is clear that it will cost a greater sum to transport it fifteen hundred; and yet traffic is daily diverted from the thousand mile route to the fifteen hundred one, and carried at the same or lower rates than is charged by the shorter line. It is evident, that if the long route can afford to do the business for the rates charged, that the rates charged by the shorter are excessive in a high degree.
Under government management, traffic would take the direct route, as mail matter now does, and the industries of the country be relieved of the onerous tax imposed by needless hauls. Only those somewhat familiar with the extent of the diversions from direct routes can form any conception of the aggregate saving that would be effected by such change as would result from national ownership, and which may safely be estimated as equal to two and a half per cent. of the entire cost of the railway service, or $25,000,000 per annum.
With the government operating the railways there would be a great reduction in the number of men employed in towns entered by more than one line. For instance, take a town where there are three or more railways, and we find three (or more) full-fledged staffs, three (or more) expensive up-town freight and ticket offices, three (or more) separate sets of all kinds of officials and employees, and three (or more) separate depots and yards to be maintained. Under government control these staffs—except in very large cities—would be reduced to one, and all trains would run into one centrally located depot; freight and passengers be transferred without present cost, annoyance, and friction, and public convenience and comfort subserved, and added to in manner and degree almost inconceivable.
Economies which would be affected by such staff reductions, would more than offset any additions to the force likely to be made at the instance of politicians, thus eliminating that objection; such saving may be estimated at $20,000,000 per annum.
With the nation owning the railways the great number of expensive attorneys now employed, with all the attendant corruption of the fountains of justice, could be dispensed with; and there would be no corporations to take from the bench the best legal minds, by offering three or four times the federal salary; nor would there be occasion for a justice of the Supreme Court of Kansas to render a decision that a corporation chartered by Kansas for the sole purpose of building a railway in that State has the right and power under such charter to guarantee the bonds of corporations building railways in Old or New Mexico, and shortly after writing such decision be carted all over the seaboard States in one of the luxurious private cars of such corporation. Under national ownership such judges would pay their travelling expenses in some other way, and be transported in the ordinary manner, and not half as many judges would travel on passes. There are many judges whose decisions any number of passes would not affect; but if passes are not to have any effect upon legislation and litigation, why are congressmen, legislators, judges, and other court officials singled out for this kind of martyrdom? If the men who attain these positions remained private citizens, would passes be thrust upon them?
Although the reports of the Victorian Commissioners show, in detail, all the expenditures of railway administration, yet not one dollar is set down for attorneys’ salaries or for legal expenses, and it is presumed that the ordinary law officers of the government attend to the little legal business arising, and yet judging from reports made by Kansas roads, the expenditures of the corporate owned railways of the United States for attorneys’ salaries and other legal expenses, are at least two per cent. of the entire cost of operating the roads, and yearly aggregate some $14,000,000, all of which is taken directly from railway users, and is a tax which would be saved under national ownership, as United States district attorneys could attend to such legal business as might arise. This expenditure is incurred in endless controversies between the corporations, in wrecking railways, in plundering the shareholders, in contending against State and federal regulation, in manipulating elections and legislation, and in wearing out such citizens as seek legal redress for some of the many outrageous acts of oppression practised by the corporations. Once the government was in control, these lawyers would be relegated to some employment where they would do less harm, even if not engaged in a more honorable vocation than that of trying to defeat justice by the use of such questionable means as the control of the vast revenues of the corporations place in their hands.
Is it possible that the railway companies can legitimately use anything like $14,000,000 yearly in protecting their rights in the courts?
The president of the Union Pacific tells us that: “The courts are open to redress all real grievances of the citizen.”
There is probably no man in the United States better aware than is Sidney Dillon that no citizen, unless he has as much wealth as the president of the Union Pacific, can successfully contest a case of any importance in the courts with one of these corporations which make a business, as a warning to other possible plaintiffs, of wearing out the unfortunate plaintiff with the law’s costly delays; and failing this do not hesitate to spirit away the plaintiff’s witnesses, and to pack and buy juries—retaining a special class of attorneys for this work—the