Railroads: Rates and Regulations

[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.