DISCRIMINATION IN RAILWAY RATES. 495 



It is asserted by transportation companies that such discriminations 

 as they practice result from the differences which exist, and, though 

 they may sometimes cause an injury to a few, they effect a much 

 greater benefit to the many. The difficulty in the question is right 

 here : The decision as to what is a sufficient difference to fairly require 

 a discrimination in its favor must be decided by the fallible mind of 

 man. Differences of interest and so of opinion are therefore more fre- 

 quent than differences of traffic. We may readily believe their state- 

 ment, that the railroad managers are constantly besieged by the repre- 

 sentatives of various places, trades, occupations, and interests, asking 

 for concessions in rates that are not granted to others. Each claims 

 some peculiarity of situation or circumstance which justifies some con- 

 cession. It is natural also that most of these claims should be based 

 on interest rather than on principle. The railroad manager is jirone to 

 this view, as the interests of the property under his charge are cer- 

 tainly not advanced by building up the trade of one place or person by 

 giving lower rates than are allowed to others similarly situated. These 

 differences of opinion, it seems, must always continue to exist as long 

 as there are different interests in commerce and different circumstances 

 affecting production and trade. The decision as to the differences, too, 

 must always be made by man ; and the government official in Ger- 

 many, France, Italy, Spain, and other countries of Europe where there 

 is state ownership of railroads, has caused even more complaint by his 

 rulings than has the manager of the private corporation in the United 

 States. 



That discrimination may be fairly and legally exercised has been 

 decided by the courts, while most of the States prohibit unjust dis- 

 crimination. An act of the Legislature of Illinois of July 1, 1871, 

 " was pronoimced unconstitutional by the Supreme Court of the State, 

 because in its operations it was not in express terms directed against 

 unjust discrimination, bxit against discrimination generally." * 



Such discriminations in rates as result from the operation of the 

 railroads under the control only of the requirements of commerce and 

 the interest of the corporations can not be unjust in the sense of politi- 

 cal economy, can not affect injuriously the interests of the community 

 at large, but, on tte other hand, must always work for the advance- 

 ment of the common good. 



The causes of discrimination will be found in the principles regu- 

 lating rates. That there are some natural principles is shown from the 

 fact that in all the different parts of the world where railroads have 

 been built the same questions arise from the dissatisfaction of com- 

 munities, interests, and trades ; the same charges of unjust discrimina- 

 tion are made, and the same remedies have been applied of legislative 

 restriction and interference. To this we may add that there has been 

 everywhere the same failure of these remedies to effect the result de- 

 * "Report of Kailroad Commissioners of lUiaois," 1876, p. 17. 



