THE FARMER AND THE RAILROADS. 167 



It is in the application of this necessary principle, however, 

 that some of the worst abuses of railroad power have occurred, 

 and in regard to whicli most of tlie contests between the rail- 

 roads and the people arise. The expert knowledge required 

 to arrange such a tariff sheet as shall be just to all concerned, 

 and yet produce the necessary revenue, is perhaps even more 

 than that required to adjust a national tariff on imports, 

 because, in addition to an intimate knowledge of industries 

 and localities, the details of rail traffic must be known with 

 equal accuracy. Even when all these are mastered, there 

 comes the factor of intense competition from other carriers, 

 whose conditions are constantly changing. So that the rate- 

 maker of a railroad, even with the best intentions in the 

 world, is likely to be driven to let go every other consideration 

 except the procurement of all tlie revenue possible for his 

 road, regardless of any other interest. This, however, the 

 public can not permit. 



The abuses which have resulted from the struggle for 

 revenue are of three classes: — 



Discriminations between individuals. 



Discriminations between localities. 



Discriminations between industries. 



Discriminations between individuals, which have always 

 been in favor of the strong and against the weak, are abhor- 

 rent to the natural sense of justice which is common to all of 

 us. They are, and always have been, contrary to law, but 

 there has never been any remedy. The lawyers will, of course, 

 say that any one who can prove himself to have been dam- 

 aged, could get a judgment against tlie offender, but as indi- 

 vidual discrimination can seldom be proven, and as no one 

 could afford to litigate on such a subject with a railroad com- 

 pany, there has practically been no remedy. It is necessary that 

 the public assume the duty of assuring equality of treatment as 

 between individuals. In interstate commerce United States law 

 makes discrimination between individuals, criminal offenses, 

 and the same is usually true by state law, as to traffic within the 



