tively is to stop it altogether; and since this law furnishes a possible means of doing so its enforcement should be the aim of the carriers as well as the Commission. Second. The subject of drayage has been discussed by the Commission and the courts. The fair import of those discussions appears to be that this service is connected with the transportation, and that the charges therefor should be stated in the published tariffs. This being so it would be a violation of the law to perform the service of drayage without providing for it in the tariffs, or to perform it for one and not for another. Third. It is not believed that the payment of a reasonable commission for soliciting freight, or on the sale of tickets, can be held to be a rebate if the transaction is an honest one. If commissions are paid with the intent or expectation that they will be used, or if they are used, for the purpose or with the effect of granting a concession, the payment of such commissions would doubtless be held, and ought to be held, a violation of the law. Fourth. The Commission has held that the present statute requires the publication of export and import tariffs. The Elkins Bill does not apparently change the requirements of the law in this respect, but it does afford the means for enforcing those requirements. Fifth. It is difficult to see how the practice of charging lower rates to those who are establishing new industries than are charged at the same time to shippers of the same articles between the same points can be excepted from the operation and obligations of the law, however unobjectionable such a practice may be from a railroad and general economic standpoint. Sixth. We prefer not to express an opinion at this time as to whether railroads may lawfully transport supplies for each other at reduced rates. Seventh. The Commission has held that storage is a part of the service of transportation which the carrier performs, and that the charges for that service should be published in the tariffs. The rendering of this service without such publication, or the rendering of it to one shipper and not to another, would seem to be in plain violation of the Elkins law. Eighth. Generally speaking the divisions of a reasonable rate between connecting carriers is a matter of indifference to the public. If, however, an allowance is made to a private road for only nominal service it would be a "concession or discrimination." The question would seem to be in each case whether the arrangement was reasonable and free from discriminating design or effect. Ninth. The first section of the Elkins Bill appears to refer exclusively to the transportation of property. The third section, investing the Circuit Courts with additional jurisdiction, covers both property and passengers. You will understand that the foregoing are in the nature of first impressions, and that the Commission would not feel precluded by anything herein said from modifying the views above expressed in deciding an actual controversy after hearing both sides. The Commission appreciates the difficulty of applying the hard and fast rules of a statute to unlike and changing conditions, and is not infrequently embarrassed by the want of discretionary authority. We believe that these recent amendments will prove highly efficient in their operation, because we are confident that the law in its present form will be supported by prevailing railroad sentiment and that in the efforts to enforce it the Commission will have the coöperation of railway managers generally. Yours very truly, (Signed) MARTIN A. Knapp, Chairman. INDEX Abbreviating charters, 82. Act to regulate commerce, events Baltimore and Ohio, laying of first Brimson case, 236. Bureaus of chambers of commerce, Capital stock, 76. I dated companies, 87; previously Classification of freight, 213; na- Classification of railways, lack of, 18; in England, 19; in France, 243; number of Cullom, Senator, quoted, 223. Declaration of public utility, 55. Charters, early, 53; limitations on 1 Because of the full Table of Contents and the topical arrangement of laws, 24; found in Canadian and | Interstate Commerce Commission, English law, 24. Determination of route, 121. Early and late, relative terms, 80. Early railway charters: general Economic adjustments, 29. Ely, R. T., quoted, 169. report of 1898, 31; conferences, James, E. J., quoted, 190, 191. 22. Johnson, E. R., quoted, 197. Lack of classification of railways, Eminent domain and public use, Land grants, first act, 189. Punishments, upon whom they Revised Statutes of the United should fall, 253. Quality of service, 129. Railway accounting, 256. States, section 860, 235. Safety appliances, early laws relat- Sanborn, J. B., Congressional Secretary of Commerce and Labor, Railway companies, conditions of Seligman, E. R. A., quoted, 228. Shareholders, vote of, 104. Rates, early charter provisions on, Taxation, limitation on power of, Through trains and routes, 133. Redemption of unused tickets, 141. Trans-Missouri Freight Associa- Regulation, 104. Reports, annual, 159. Reserved rights of the state, 117. tion, 240. Troy case, 227. Voting, graded system, 77. |