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dining-car was empty and had not ac term is sometimes understood. Besides, tually entered upon its trip, it was not whether cars are empty or loaded, the used in moving interstate traffic, and danger to employés is practically the hence was not within the act. The din

same, and we agree with the observaing-car had been constantly used for tion of District Judge Shiras in Voelker several years to furnish meals to pas vs. Railway Company, 116 Fed. Rep., sengers between San Francisco and Og 867, that "it can not be true that on den, and for no other purpose.

On the the eastern trip the provisions of the day of the accident the eastbound train act of Congress would be binding upon was so late that it was found that the the company, because the cars car could not reach Ogden in time to loaded, but would not be binding upon return on the next west-bound train ac the return trip, because the cars were cording to intention, and it was there empty." Confessedly this dining-car fore dropped off at Promontory to be was under the control of Congress while picked up by that train as it came along in the act of making its interstate jourthat evening. The presumption is that ney, and in our judgment it was equally it was stocked for the return, and as it so when waiting for the train to be made was not a new car, or a car just from up for the next trip. It was being reguthe repair shop on its way to its field of larly used in the movement of interstate labor, it was not "an empty," as that traffic, and so within the law.



Down to the wharves as the sun goes down,

And the daylight's tumult and dust and din Are dying away in the busy town,

I go to see if my ship comes in. I gaze far over the quiet sea,

Rosy with sunset, like mellow wine,
Where ships, like lillies, lie tranquilly

Many and fair-but I see not mine.
I question the sailors every night
Who over the bulwarks idly lean,
Noting the sails as they come in sight-

"Have you seen my beautiful ship come in?" "Whence does she come?" they ask of me;

"Who is her master, and what her name?" And they smile upon me pityingly

When my answer is ever and ever the same. O, mine was a vessel of strength and truth,

Her sails were white as a young lamb's fleece, She sailed long since from the port of Youth

Her master was love, and her name was peace And like all beloved and beauteous things,

She faded in distance and doubt awayWith only a tremble of snowy wings

She floated, swanlike, a down the bay.

Carrying with her a precious freight

All I had gathered by years of pain;
A tempting prize to the pirate, Fate-

And still I watch for her back again.
Watch from the earliest morning light

Till the pale stars grieve o'er the dying day,
To catch the gleam of her canvas white

Among the islands which gem the bay
But she comes not yet-she will never come

To gladden my eyes and my spirit more,
And my heart grows hopeless and faint and dumb,

As I wait and wait on the lonesome shore.
Knowing the tempest and time and storm

Have wrecked and shattered my beauteous bark;
Rank sea weeds cover her wasting form,

And her sails are tattered and stained and dark But the tide comes up, and the tide goes down,

And the daylight follows the night's eclipse And still with the sailors, tanned and brown,

I wait on the wharves and watch the ships.
And still with a patience that is not hope.

For vain and empty it long hath been,
I sit on the rough shore's rocky slope,

And watch to see if my ship comes in.



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President Samuel Spencer, of the Southern Railway, was before the House Committee on Interstate and Foreign Commerce the past week testifying against the Cooper-Quarles bill, or any proposition to authorize the Interstate Commerce Commission to fix railway rates. He is the first direct and official representative of the railroads to be heard by the committee.

President Spencer stated that the interstate commerce law and the Commission had been in operation eighteen years. Before this time the rebate, the secret contract and discriminatory devices of various kinds were the rule. Now the reverse is the case. Rates are substantially maintained.

“There is no difference of opinion," continued President Spencer, “between the railroads of the country, Congress and the President on the subject that rebates are wrong.

We agree with the language of the President that the highways of transportation must be kept open to all on equal terms. On that basis the railroad companies are ready and anxious to aid and cooperate. But I do not think any additional legislation is necessary in order to proceed against that particular class of abuses. If such legislation does not appear to Congress to be necessary, the railways of the country will certainly stand, and I have no hesitation in saying so, in coöperation and aid to that end. That particular phase of regulation has already been pronounced by the Commission as fully covered by existing statutes. It simply becomes a question of enforcement of the law. But the question before you is not of that character—it is that of the power to name a rate upon the part of the Commission after complaint and hearing. It has been claimed this will be a means of stopping rebates. This claim I have no hesitancy in disputing, and will give it attention later."

As to the necessity for the proposed legislation, President Spencer, in review

ing the situation for the last elghteen years, stated that about 90 per cent of all the claims or questions of various kinds which have been presented to the Interstate Commerce Commission in that time have been adjusted without formal hearing and decisions on the part of the Commission. “That," he said, “does not indicate either a fight or noncoöperation on the part of the railroads." Of the remaining 10 per cent of the work of the Commission, scarcely two per cent was the subject of litigation. President Spencer said the railroads acquiesced in four-fifths of the decisions of the Commission. “Out of the 43 which went to litigation," he continued, “25 related to rates, and in 22 out of the 25 cases, the decisions of the Commission were reversed by the courts.

One case only was affirmed by the courts in its entirety, while two were partially confirmed and partially reversed.” These figures cover eighteen years and a railroad mileage of 210,000 at the present time, and 135,000 miles at the beginning of the period named. Does this indicate the necessity for legislation with respect to rates?” President Spencer asked. He expressed the confidence of the railway world in the Commission, and said it was justly worthy of the respect of the country.

There was only one feature of the Quarles-Cooper bill which President Spencer discussed specifically, and that was the portion conferring power on the Commission to substitute a rate for one complained of as unreasonable, after due hearing, said rate to remain in effect subject to change only by the Commission or by the courts on appeal by the railroads. President Spencer denied that the Commission ever legally had such power, and said the courts in 1897 had prohibited the exercise of the power by the Commission. "It is claimed,” he continued, "that this power would be a weapon in the hands of the Commission to prevent rebates. But a rate fixed by the Commission can

The pres

be rebated or evaded just as easily as any other. The use of that weapon if given the Commission would punish not the evader of the rate, but the road which upheld the rate, as exercise of the power would be to let the rate down to the lower figure, thus working no hardship on the road making the less rate, but punishing the road maintaining the regular rate."

The most important argument in behalf of the proposition President Spencer believed to be that such power would enable the Commission to prevent discrimination between localities. This question of adjusting rates between localities, he said, was the most difficult and intricate of all. ent adjustment was the outgrowth of natural competition, not only between localities, which had and would always exist, but between railroads as well. To disturb this adjustment or to begin its disturbance, he maintained, would not only be a task so enormous that no statement could convey a comprehension of it, but would be impossible of satisfactory completion in the hands of a body with authority only to take into consideration the one phase of adjusting rates with reference to their equalization só far as the carrier was cerned, and leaving out the question of competition between localities. In this problem the price of commodities of every sort would have to be taken into consideration, and he instanced the competition between mining centers, agricultural centers, manufacturing centers, etc., as illustrating his meaning. Stability as to prices of commodities could not exist, he maintained. Should such be the case, commerce would become absolute stagnation.

Taking the Commission's report, President Spencer said that in the ten years preceding 1901 only 31 cases of discrimination between localities had come before it, and only one of these had been sustained by the courts. This, when taken in connection with the two hundred thousand miles of railroad and the forty-five States of the Union, indicated to his mind that no new authority need be given on this problem. If authority

should be granted there would not be a locality which would not immediately bring forth the claim that it was being discriminated against in order to secure additional advantages, if possible.

As to the subject of unreasonable rates, President Spencer referred to the statement which had been made to the committee that rates were thirty-three thousandths of one per cent higher in 1903 than in 1899, making a total raise of $155,000,000. This he conceded to be true when the gross receipts were taken into consideration. He gave as a reason the increase in the price of commodities of every discription, and consequently the cost of operation of railroads. The net return to the roads had been less than in 1899. It was a singular coincidence, also, he mentioned, that the comparison was made with 1899, which was the lowest year as to rates in the history of American railroads.

VIEWS OF PRESIDENT TUTTLE. President Lucius Tuttle, of the Boston and Maine, in a Boston address the past week discussed the specific proposal that railroad rates shall be arbitrarily fixed under Congressional supervision and authority. In referring to the results of the interstate commerce law and the Sherman anti-trust act he said:

The railroads having in many instances extended their lines in anticipation and advance of the public demand therefor, and being denied the privilege of arranging an equitable distribution of the existent competitive traffic remunerative and reasonable rates, at once entered upon a fierce and ruinous competition, which made their rates and service unstable, irregular and discriminatory, and, as one of the results of the business panic of 1893, many of the larger, as well as the smaller systems, were forced to take refuge from the claims of their creditors by passing into the hands of receivers; whence most of them have since emerged and, under the processes of natural law, have become component parts of greatly enlarged, consolidated and unified combinations, or systems, under whose combined, but lawful, management the possibility of general competition such as it was one of the



purposes of the interstate commerce law sold or of guaranteeing its cost, and as to uphold and maintain, has hopelessly the only product of the railway company and forever vanished. This combina- is transportation, will it not unaltertion and unification of separately owned ably follow that when Government takes and competing roads is still going on at the first long step of using its power to a rate of progress that will, in the not fix the maximum price at which that distant future—and still under the work- product shall be sold to the public it ing of natural laws remove whatever re- must also fix the minimum price, and bating, secret rate giving and other then, sooner or later, take the next and forms of favoritism now exist, and for much shorter steps leading to Governwhich the railroad managers have been ment ownership and operation of the so severely censured, but of which the railways, and thereby assume and conconscience of an outraged public has trol the cost of making as well as the never yet prevented it from reaping the selling price of this transportation prouttermost advantage.

duct? And, if this be true, is not this As to the powers to be conferred upon the method which the Socialist has, in the Federal Commission, President Tut- season and out of season, insisted should tle said: I differ with the Interstate be applied ?" Commerce Commission, and with those President Tuttle concluded his adwho advocate increasing its powers, dress as follows: “But as he who critionly upon the one point that I believe cises and objects to proposed methods to be of vital interest, namely, the power is in reason bound to suggest something to make rates. I am heartily in favor in substitution, I assume the necessary of such carefully thought-out additional responsibility, and, with becoming modlegislation as may be found needful for esty, offer the following: ending and forever preventing railways “The present law seems adequate and from conspiring to give, or their custo- sufficient, if thoroughly applied, to enmers combining to exact, any favors or able the Interstate Commerce Commisfacilities that may not, under like cir- sion to bring to light, punish and precumstances and conditions, be given to vent every form of rebating and secret and received by all; but I am fully con- rate giving or taking, as rapidly as the vinced that the power to fix the price cases are brought to its attention, and at which railway transportation shall therefore further legislation upon this be sold can be left with safety only in branch of the subject seems at present the hands of those who must assume, and to be unnecessary. have no way of escape from, the care The other principal abuses and evils and expense of producing that trans- alleged, and to which congressional atportation; and that legislation tending tention has recently been called, are to separate these two indissolubly con- said to arise out of the improper use of nected and paramount responsibilities privately owned freight cars and of priis communistic in its tendencies, and in vate side tracks and railways of the socontravention of the natural laws of called industrial combinations. supply and demand.

gest that, if these privately controlled Is it not one of the unalterable work- special facilities and their owners are, ings of natural law that whoever exer- to the extent that they deal in transcises the power to fix the maximum portation, brought within the scope of price at which a product shall be sold and made amenable to all laws that must likewise fix the minimum price, are now, or may hereafter be, applicable and must also ultimately assume and to transportation companies engaged control the cost of making that product? in interstate commerce,

the alleged As no workable plan has yet been de- abuses and evils will at once become vised for equitably dividing the pro- controllable and can be wholly eradiducer's responsibility of fixing the price cated. at which his product may be profitably "If the rate-making power is then

I sug:

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found to need further supervision and mission when rates are found unreason-
regulation the Interstate Commerce able, to substitute just and reasonable
Commission should have added to its rates, which must take effect within
present full power of investigation that thirty days. The Commission's decision
of recommending to the railways the may be appealed from within sixty days
substitution of rates that it thinks rea- to the Court of Transportation created
sonable for those that, upon investiga- by the Townsend bill. When a joint
tion, it has condemned, and if within rate is affected by the decision and the
reasonable time-say, thirty days—the parties fail to agree as to the apportion-
railways interested fail to adopt these ment, the Commission may issue a sup-
recommended rates, the Commission plementary order fixing the proportion
should make to Congress a report of of the rate for each road. Apenalty of
its findings and recommendations and $5,000 a day is provided in case of failure
of the failures or refusals to comply to carry out the orders of the Commis-
therewith, leaving to Congress the duty of sion.
applying such remedies as it may then The Townsend bill creates a Court of
think needful.

Transportation, which is to rank in a gen“This plan has worked well for so eral way with the United States Circuit many years in our own Commonwealth Court. It is to consist of a Chief Judge, that its trial by the General Govern- with a salary of $9,000 a year, and four ment would seem to be at least worthy

associate judges at $8,500, all appointed of consideration. It would have the by the President. This court is to hold wholesome, and I think necessary, effect

one regular session in Washington, beof preventing an accumulation of frivo- ginning the first Monday in October, lous complaints, with which the Com- and lasting as long as it is deemed necesmission is quite certain to be over

sary; but the Chief Judge may apwhelmed if the proposed plan of giving point special sessions at it the final adjudication of all rate cases

and place

he deems necessary. submitted to it is adopted; and judg

The court is to have exclusive ing from the working of our Massachu- iginal jurisdiction over suits concerning setts laws covering this matter, the re

decisions of the Interstate Commerce straints against arbitrary and unjust Commission, with the power to enforce acts by any of the railways would be obedience to the Commission's order or so sufficient and wholesome as to bring

to restrain such orders. No evidence substantial and even-handed justice to

of either party is admissible before this all parties in interest."

court which with proper diligence could

have been submitted to the CommisRATE LEGISLATION BEFORE CONGRESS.

sion. An appeal can be taken from the Two new railway rate bills were added

court's decisions to the United States this week to the mass of embryotic leg- Supreme Court within sixty days. islation before Congress relating to the Representative Davey, of Louisiana, problem of regulation of the transpor- has also introduced a bill giving the Intation companies. The two new meas

terstate Commerce Commission authorures were prepared by Representative ity to name a reasonable rate in the Esch, of Wisconsin, and Representative place of one they have declared unreaTownsend, of Michigan, and their pro- sonable, but withholding the power to visions seem to fit each other so that

raise any rate that has been fixed by passage of both together is evidently a railroad. intended.

Representative Hepburn, of the InterThe Esch bill confers additional state and Foreign Commerce Commitpowers on the Interstate Commerce tee of the House, has also in preparaCommission. It authorizes the Com- tion a measure dealing with the subject.

any time


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