Page images
PDF
EPUB

to be under one management, selected by the stockholders, and selected with the sole view of earning the largest dividends, for it is neither natural nor human that a stockholder in a railroad or any other corporation should look with complacency upon measures designed to lessen his dividends.

Charter prohibitions against consolidation of parallel or competing lines ought to be repealed and we ought to concede that here is a business which can only safely be carried on as the one great and overpowering monopoly. For one, I am not ready to do this thing.

I conclude, therefore, that the anti-pooling provision, section 5 of the bill, is wise and necessary, and will bring to the people much needed relief while it will take from the roads none of their legitimate rights. Taken all together, the bill seems to me to be the best expression of our experience which has ever been offered for Congressional approval. It is not framed in the spirit of animosity or of reckless disregard of property rights, nor with a view to thoughtless experiments with great interests. It is not hasty legislation without a full and fair examination of the facts upon which it is based and the needs of such enactments. Because I believe it to be moderate in its requirements and generally wise in its provisions. I shall cheerfully vote for its passage.

Mr. HENDERSON, of Iowa. Mr. Speaker, in the Forty-eighth Congress I expressed my doubts and fears touching the fourth section of the Reagan bill, the section regulating the long and short haul. In the remarks which I then submitted I gave my reasons for the fears entertained, stating that I believed that the fourth section would operate against Iowa and the points remote from the sea-board. At the same time I said that even if the fourth section were not stricken out I would still vote for the Reagan bill, as it was, rather than not have any legislation upon this great question; and I then, as in this Congress, voted for the Reagan bill, rather than have legislation of this character fail, rather than let the vast railroad system go uncontrolled by the General Government. That has been my position on this question. That is my position now. I am opposed to having the great commercial interests of 60,000,000 of people controlled and regulated solely by a dividend interest. The year 1886 gave us of oats 624,000,000 bushels; hay, 45,000,000 tons; corn, 1,665,000,000 bushels; wheat, 457,000,000 bushels; and adding merchandise, live-stock and passengers transported, the relations of railroads to our people become vitally important and apparent. I protest against a few men, guided wholly by their own selfish interests, controlling the tracks over which these vast products and interests must pass, when the Constitution of the country invites the control by the General Government. But I am not one of those who

CRITICISE AND FIGHT

every proposition in a bill until it just suits my particular opinions and the particular interests and locality that I may represent. There must be some compromises in all great legislative conflicts. Since the formation of this Government the line of legislation is everywhere marked with compromises and concessions before great enactments are secured.

He who will say that he has no misgivings as to how some features of this bill may operate upon his locality and upon the country at large, speaks, it seems to me, without sufficient consideration. I am confident, however, that any losses that may be sustained at the beginning will be more than compensated as experience and time may perfect our present great undertaking.

But conceding that some injury may come to our localities, it should be remembered that it is sixty days after the passage of the bill before it goes into operation in its working features. The next Congress meets in December. We will have had some trial of its workings by that time, and we will be swift to correct any of its provisions that are found to be unsatisfactory. We will have our constituencies back of us in our efforts to improve the law. If

THE COMMISSIONERS

are found to be a bad feature we can dispense with them or increase their powers at the next session. At this hour the masses of the people of this country

DEMAND SOME LEGISLATION

on this question. I went home during the vacation for the purpose of feeling the pulse of my people on this question, more than for any other reason, and I did not talk with a single person but who said to me, "By all means give us this bill and let us make a start in controlling transportation. Since my return I have, by telegram and letter, been advised of the eager anxiety of my people for the passage of this bill. They are reading, thinking, and talking, and I tell you that the people demand that the bill agreed upon by the conferees of the House and Senate be crystalized into law.

This is the sentiment of my people, although we are almost in the center of the nation and a thousand miles remote from the seaboard. They demand that we enter upon the control of the only real avenues of transportation open for them in the land—the railroad track. They demand a commencement. They understand that there are grave difficulties in our way; that it is a new and weighty problem; but they demand work instead of waiting. They want action in place of promises. They want us to do our best in starting this great reform instead of carping, criticising, and fault-finding with every effort to bring the iron horse under the guidance of the sovereign hand of the people.

It is easy to criticise. It is easy to find fault with any bill, any law, any man, or any religion. It was easier for Tom Paine to denounce Christianity than it was for him to offer a substitute better suited to the wants of his age.

On yesterday my colleague [Mr. WEAVER] sneered at this bill because some differ as to the meaning of some of its provisions. His language was plain enough, and yet men in his hearing differed as to his meaning and his motives. Shall the Bible be closed because hundreds of different creeds have sprung from it? There are but few laws that must not sooner or later undergo interpretation from the courts. Shall we therefore make no laws? Must we keep the people waiting, waiting, waiting until we can all agree? No, no; we must do the best that we can; but do it now. Years have been spent in discussing this great question of interstate commerce. Volumes have been published on it. At last we have before us a bill containing much, very much, that is good. Let us pass it into law, and improve it as our experience may point the way.

Every man here knows that to vote down this bill now is to put off railroad control for years. Let him beware who takes that grave responsibility!

Let us examine this bill as presented by the conferees-the bill now brought before us after days, weeks, and months of careful, conscientious toil by the committees of conference of the Senate and House-and let us see what it means. I will add this bill to my remarks as a part

thereof for fuller information to those who desire to give this matter the fullest investigation.

This bill aims at three great reforms: First, to do away with pooling. Who will say that the people of this country do not demand this? Secondly, to do away with the rebate system. The people want this, and the railroads want this, in my judgment, for the rebate system is a great trouble and expense to them, as well as a cloak whereby the weak shipper is plundered for the benefit of the strong. On that one point and on that only are the railroad interests and the people in full accord touching this bill. The third is the long and short haul element of the bill. It gives fixed rates; it absolutely does away with all pooling, the rebate system, and forces the railroads to proclaim to all the people just what they are charging to each.

Now the fourth section is that which troubles us all most, I admit. But this bill which the conferees have brought before us has a safety-valve in the section; and I want to say right here that I believe each member of the conference acted conscientiously and laboriously and intelligently in bringing this bill before the House. Let any one of you ask any railroad man or any shipper, large or small, in this country what kind of a bill he would get up to meet the necessities of the people touching transportation. I have done so. There is a uniform answer-"We can not do it; the questions are too complicated." With that admission from experts, how easy it is to get up here and assail and ridicule the bill? But this is no time for ridicule, if gentlemen are as sincere, as they ought to be. Take my colleague [Mr. WEAVER] the other day spending over an hour in burlesquing a bill which every farmer and shipper of Iowa demands to be passed as a great entering step in this mighty question. One must be blessed with self-confidence, or cursed with recklessness, who can thus jeopardize great suffering interests of a State and nation, because his individual notions are not all expressed in the bill.

THE RAILROAD3,

I am told, are not fighting this bill. I am sorry, Mr. Speaker, that any man is ignorant of the fact that they are. His experience and observation are different from mine if he thinks otherwise. I have not come in contact with a single gentleman representing railroad interests who wants this bill to pass. All want to defeat it. There is not a railway in this country but will rejoice if this bill is beaten by this Congress, not one. And the people say "Gentlemen, do the best you can, but do give us something for a starter on this question." Here we are growing and multiplying in numbers, commerce, and wealth, and the iron track is the only road over which it can travel; and yet the American Congress is paralyzed in the presence of that necessity, and says we can do nothing because we cannot agree.

I believe that this Congress will adjourn with the commendations of the people because we have met this great question like fearless men. I shall vote for this bill without a moment's hesitation, without faltering, and without fear. I shall vote for it conscientiously even if I had to admit that it has imperfections. And I want to say here and now in response to what was said by the distinguished gentleman from Massachusetts [Mr. LONG] that "we should recommit the bill and get rid of the fourth section"-I say no more recommitment of this bill. We have it now where a single vote by this House will put it before the President, and I believe before the people as a law. But recommit it and you enter anew into a dangerous field; and while I believe the distinguished gentleman from Massachusetts who made that

suggestion, made it as he always does, conscientiously and honestly, I warn my fellow-members against any such course, and ask that this bill as it has now been given to us, after months of discussion and earnest consideration, shall be given to the people as law.

Mr. LONG. You know, of course, this bill is now in the form of a conference report, and is therefore entitled to privilege.

Mr. HENDERSON, of Iowa. I know that very well; and I know it is the "privilege" of the House to vote for it and put it through, and I hope that "privilege" they will exercise. But we all know that if we non-concur in the action of the conferees the bill is lost, and I protest against recommitment.

In urging the passage of this bill I have no disposition to be unjust to the railroad interests of this country. Not at all. I am simply demanding that control over them which the Constitution entitles us to., We are all glad to see the railroad coming into our towns and neighborhoods. We want them, and they need us and our products. But we are tired of their being

SUPREME MASTERS.

Their coming builds up towns and enriches communities; so, too, their unjust management has often destroyed cities and towns and torn down hard-earned fortunes. Railroad owners must learn the new lesson that is coming to us all in this country, and that is to be content with a reasonable profit on investments, and that labor, small capital, and small shippers have their rights just as well as stock-owners and powerful shippers.

This city is to-day swarming with keen, zealous, able

AGENTS OF THE RAILROAD POWER

trying to defeat the passage of this bill. Every vote cast at their dictation and every vote cast against this bill is a vote for railroad su-. premacy and against the people. I have faith in the great future of this country, and that it will more and more be the best land for the happiness of all classes of the people. The passage of this bill will be one of the greatest steps that can be taken to speed the coming of still happier days for our people. Those now opposing this bill can depend upon it that, when once a law, the control of railroads by the General Government will never be abandoned. We may add to and take from, but the people will be masters, demanding and according every right guaranteed by the Constitution.

Mr. Speaker, with these remarks I will yield the floor, but I will incorporate in my remarks the statement of the House conferees which points out the difference between this bill and the House bill, usually known as the Reagan bill. In this connection I am glad to have it from Mr. REAGAN'S own lips that the bill now before us to be voted on is a great achievement for the people.

THE INSTERSTATE-COMMERCE BILL.

That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a comm.on control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or of the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however,

That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.

The term railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.

All charges made for any service rendered or to be rendered in the transportation of passenger- or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

SEC. 2. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.

SEC. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advan tage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.

SEC. 4. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggre gate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line. in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.

SEC. 5. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.

SEC. 6. That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its railroad, as defined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, of at least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently inspected.

Any common carrier subject to the provisions of this act receiving freight in

« PreviousContinue »