UNFAIR RAILWAY AGITATION A reply to the articles on railway regulation by Governor Robert M. La Follette published in The Saturday Evening Post. I. ORANGER LEGISLATION AND ITS RESULTS. The present sentiment against the railway manage¬ ment of the country has its foundation verj' largely in misinformation and misrepresentation. Even if the evils which are complained of exist as it is claimed they do, they are not general enough to produce the clamor with which Congress and the legis¬ latures of the states are assailed. The opinions of the great majority of those who are demanding legislation in restriction of the rights of railways are founded upon information which has been given them by others. The character of that information becomes, thenj of the foremost importance in determining what weight should properly be attached to the demands of the public. If they have been grossly misled and materiallv misinfoncned it is fair to assume that if they had been correctly informed their opinions wordd be the opposite of those which they now hold. The articles which have been published in The Sat¬ urday Evening Post, from the pen of Governor and Senator-elect LaFollette of Wisconsin, afford a strik- 2 UNFAIR RAILWAY AGITATION. ing example of tlie unfair and misleading methods of the propaganda upon which the present agitation against railways rests. These articles are plausible upon their face, but they are filled with the half-truths that make the most dangerous form of falsehood. The position of The Saturday Evening Post in the public estimation gives the people an unusual degree of confidence in any statements which appear in its pages, and the position of Governor and Senator-elect LaPollette gives added weight to statements which ap¬ pear over his signature. Therefore, it seems but fair to the readers of these articles to discuss the correct¬ ness of the assertions made and examine the accuracy of the conclusions attempted. The manifest intent of the first article of the series, was to show that the Granger legislation of 1873 worked no injury to the railroads and none to the commerce of the states in which it was enacted. The pages of history completely refute this theory, and the arguments put forth in its behalf establish exactly the opposite of the contentions presented. Inaccubacy of Statistics. Before considering the effect of the statistics pre¬ sented by Governor LaPollette upon this point, I wish to call the attention of his readers to the inaccuracy with which they were given. The use of percentages in such comparison is mathematically unjustifiable, and actually misleading. The percentage of increase in railway mileage has no bearing whatever upon the prosperity of the railways or the people. The rail¬ ways might be more prosperaus; and might earn a A REPLY TO GOVERNOR LA FOLLETTE. 3 higher revenue in a thickly settled country where there was no need for further construction, than in a sparsely settled and newly developing country where the demand for extension was large. Eailways do not grow from seeds nor multiply from bulbs, and, there¬ fore, the relation of existing track to new construc¬ tion has no bearing upon the question of prosperity. New construction is regulated wholly by the demand for it. The facts are, taking the figures given in the table presented, that the average increase in mileage in the arbitrary groups into which the country is divided, for the period from 1873 to 1875, was as follows : Miles. Wisconsin, 206 Four Granger States, each 222 Granger States, except Wisconsin, 227 Michigan, Missouri, Indiana and Nebraska, each 112 Middle Atlantic States, each, 135 Southern States, each, 39 The construction of an average of about seventy miles a year in the four Granger states, during the years of 1873, 1874, and 1875, when those states were undeveloped and should have been, as they were soon after, rapidly developing, amounts to an absolute stag¬ nation of railway construction which completely re¬ futes the statement that the Granger legislation did not retard railway construction and industrial and agricultural development. But for this legislation it caimot be doubted that the increase in these states would have been many times larger at that period. The other states are so grouped that they should not be expected to show much development at that time. 4 UNFAIR RAILWAY AGITATION Nebraska bad not been opened np, there was no special growth in Missouri during those years, Indiana was well supplied with railways and the portion of Michi¬ gan which was settled at that time had railways sufiB- cient for its needs. The other groups include well settled portions of the country in which there was no special activity that demanded, in those trying times the venture of new enterprises. The four Granger states were the center of agricultural and industrial development, and had it not been for the retarding influence of adverse railway legislation, they would have been much more rapidly developed. Shokt Dukation op "Wisconsin Geangee Laws. That the relative development of Wisconsin has been much more rapid than any other of the four Granger states is amply attested by the impartial pages of the Federal census. This is due in part to the fact that the Granger legislation fell with lighter force upon Wisconsin than upon others. In compar¬ ing the conditions of the four states, an attempt is made to create the impression that this legislation was in force in Wisconsin two years. It is said: "The Wisconsin law was enacted in the early part of 1874, and repealed in 1876;" "From the enactment of the law in Wisconsin until its repeal two years later;" ".From 1873 to and including 1875. the time when the Wisconsin law was in force." Technically, these statements are true, but practically they are materially untrue. It is true that the law was enacted in the early part of 1874, but it did not go into operation un¬ til October of that year. The commissioners ap- A REPLY TO GOVERNOR LA FOLLETTE. 6 pointed under it had no opportunity to do much more than get it in working order before the legislative ses¬ sion of 1875 convened, and at that session the law was materially amended as to the rates which might be charged by the companies. The amended schedules and classifications were put in force March 17, 1875, and the law was repealed in January, 1876. In fact, the original Gtranger legislation of Wisconsin was not actually in force more than three or four months, and in its amended and much less harmful form it lasted less than a year. Its repeal was the result of a de¬ mand spontaneous and wide-spread, based on the com¬ mercial and industrial suffering which its operation threatened and imposed upon the people, and the as¬ sertion at this late day that it was repealed because "the railroads regained control of the legislature" is a gratuitous assumption. As between the control of the legislature by the railroads, and its subserviency to the imperial will of a political boss, the people have little choice, so far as their best interests are con¬ cerned. Neither condition has prevailed in Wiscon¬ sin, nor have the people been seriously threatened with either condition, until this year. Relation op Geoss ani> Net Earnings to Rates. t The figures which are furnished the readers of The Saturday Evening Post on the subject of gross and net earnings are as misleading concerning the questions discussed as though they were absolutely false. Neither gross earnings nor net earnings of themselves prove anything in a discussion of rate control. Of themselves, and without the necessary eorelated data 6 UNFAIR RAILWAY AGITATION. they have no bearing on the question of rates. Gross earnings are the product of tonnage, and net earnings are the product of operation, each without reference to rates. That is, a larger amount of tonnage at a lower average of rate will produce a greater gross revenue, than a smaller amount of tonnage at a higher average of rate. On the other hand, a smaller amount of tonnage at a lower average of rate might, under certain operating conditions, produce a greater net earning, than a larger amount of tonnage at a higher rate. Without the amount of tonnage on the one hand, or the ratio of operating expenses on the other, neither the gross earnings nor the net revenue afford any in¬ formation. And yet, as used in The Saturday Even¬ ing Post, they could not fail to produce the impression that the railways were more prosperous in the Gran¬ ger states from 1873 to 1875 than they were elsewhere. But even when taken in consideration with these facts, they do not reach the point which is contended for until the investment involved is applied to the net earnings realized, for it is clear that the larger amount of net earnings might in fact be the smaller return on the capital actually invested. It is by such methods as these, plausible in themselves, but grossly misleading in fact, that the sentiment against the railways has largely been created. Wisconsin Earnings op St. Paul Eailway. In the second article of the series, it is stated that ''the net earnings of The Chicago, Milwaukee & St. Paul Railway Company are $1,109 per mile greater upon its Wisconsin mileage than for the other states through which its lines extend. " It is not possible that A REPLY TO GOVERNOR LA FOLLETTE. 7 this statement could be true, because the data upon which net earnings could be computed for any one state through which the lines of the Chicago, Milwau¬ kee & St. Paul Eailway pass, or into which they ei^ tend, do not exist. It is not possible to determine what the net earnings of that company are in any one of the states through which it passes. It has no net earnings in any one state. Its business is so largely interstate and so thoroughly intermingled, that the net result of any one state could not be computed, for no one state by itself produces a net re¬ sult. The Chicago, Milwaukee and St. Paul Railway Company is a corporate entity, and not a commercial federation. Its net result is from its whole opera¬ tions. Fifty per cent, of the business which this com¬ pany does in Wisconsin is business that passes through the state, neither originating nor terminating withiu the borders of Wisconsin. The terminal charges of various sorts, none of which is capable of exact computation, are a considerable factor in the net earn¬ ings which this business produces. Business of this character certainly produces half of the revenue earned within the state, and it is probable that three quarters of the cost charged against it in the end is incurred outside the state. It is true that the railway companies render certain statements to the railroad commissioners of the various states concerning state and interstate business. These statements are ren¬ dered in compliance with the laws of the states, and are the figures demanded by the respective commis¬ sioners in response to the provisions of law. They are valueless from a statistical standpoint, and are not statements by which the railway companies can s UNFAIR RAILWAY AGITATION. in any manner be bound. No railway company would make them of its own volition, or treat them as the basis of any representation whatever. While gross earnings can be apportioned with substantial accu¬ racy to the mileage traversed, operating expenses can¬ not be, because the actual cost of operation varies materially with different conditions under which the operation is conducted. The railroad commissioners of the ditferent states, in their national association, have adopted a rule requiring all interstate roads to apportion their operating expenses for the purposes of their reports, on the basis of train revenue miles. This is done by the railways because it is required, but it is an inaccurate and misleading result, and proves nothing when táken in connection with the gross earnings. The reason that the gross earnings of the Chicago, Milwaukee & St. Paul Kailway are larger in Wiscon¬ sin than in the other states through which it passes is not because the freight rates are higher in that state, but because its main line from Minneapolis and St. Paul to Chicago, its lines from South Dakota and Southern Minnesota, and its lines from Northern Iowa, pass through Wisconsin, and on its Wisconsin lines, on the way to its eastern terminal, all the busi¬ ness of North and South Dakota, Minnesota, and a considerable part of Iowa passes through the state. The business from Chicago to these states also makes Wisconsin tonnage. This of itself accounts for the difference in earnings which forms the basis of this assertion. All this tonnage gets a haul of over 230 miles in Wisconsin, while the average haul in the en¬ tire state is but 97 miles, so that it is not difficult to A REPLY TO GOVERNOR LA FOLLETTE. 9 see the effect which this bxisiness has on the result. The earnings from this large tonnage which merely passes through the state and which were used to swell the figures given as for Wisconsin, have no relation to the freight rates in that state. No part of such earn¬ ings is paid by the people of Wisconsin, and they are no more concerned about these earnings than they are with the passing breeze. The conclusion of Governor LaFollette that because the earnings in Wisconsin are larger, the freight rates are necessarily higher, is a non sequitur. It has been demonstrated time and again that the freight rates in Wisconsin are not only not higher than they are in the neighboring states, but that they are better adjusted to meet the commercial needs of the state. Position of People of Wisconsin on Railway Ques¬ tion. It is stated that "If any question can be definitely settled at the polls, the people of Wisconsin in the last election declared for the establishment of a commis¬ sion to control railway services and railway rates on state commerce." The clear intent of this statement is to create the impression that the people of Wiscon¬ sin endorsed the position for which Governor LaFol¬ lette is contending. If such was not the intent of the statement, it would have been limited in its applica¬ tion. This is not as frank a statement of the facts as the reader has a right to expect from so distinguished a writer. The fact is that in Wisconsin last year no man could have cast a vote which did not declare for a railway commission, for a plank in that behalf was in the platform of each political party. But Governor 10 UNFAIR RAILWAY AGITATION. LaFollette stood before the state as the exponent of a particular theory of railway regulation. He stumped the state in one of the most brilliant politi¬ cal campaigns ever waged in Wisconsin, exploited his theories thoroughly before the people of the whole state, and at the end was only saved from complete political rout by the unprecedented vote accorded the president, who was at the head of the ticket on which he was a candidate. As it was, he ran 105,000 votes behind his ticket, and the candidate for state treas¬ urer whom he had removed from ofiSce for malfeas¬ ance, and whom he openly charged from the public platform with having personally misused the funds of the state, and whom he and his followers exerted their utmost endeavor to defeat, received 35,000 more votes than he. Nor could this vote against the rail¬ way theories of Governor LaFollette be charged to the classes to whom he so contemptuously refers in his public addresses as "favored shipjiers" and "co¬ erced employes." Twenty-five of the strongest agri¬ cultural counties of the state, in which he received an aggregate majority of 33,000 on the occasion of his first election, gave, last year, an aggregate majority of over a thousand against him. These were solid and substantial farmer counties, where the people remem¬ bered the Potter law of thirty years ago. The people of Wisconsin were for railway regulation, but not for regulation that seizes and confiscates the business of the carriers, such as was proposed and is now advo¬ cated bv Governor LaFollette. There is no over- %/ whelming popular clamor for any issue which 105,000 voters, more than a quarter of the entire voting popu¬ lation of the state, affirmatively reject. A REPLY TO GOVERNOR LA FOLLETTE. 11 Comparative Peosperity op Wisconsin. But, if govemmeut control of railway rates were a necessary factor in the prosperity of a state, ought we not, by this time, to have had some evidence of it in the advancement of those states in which it has been for some years in force. Governor LaFollette has for •/ the most part rested his case upon comparisons of Iowa and Wisconsin. It is of interest, then, to turn to the pages of the census, to see what the material effect has been upon the relative development of the two states. The total population of Iowa in 1890 was 1,911,896, and in 1900, it was 2,231,853, an increase of 16.7 per cent. The total population of Wisconsin in 1890 was 1,686,880, and in 1900, it was 2,069,042, an increase of 22.6 per cent., Wisconsin's gain being 35.3 per cent., greater than that of Iowa. The value of products manufactured in Iowa in 1890 was $125,049,183; in 1900, their value was $164,617,877, an increase of 31.6 per cent. The value of products manufactured in Wisconsin in 1890 was $248,546,164; in 1900, their value was $360,818,942. an increase of 45.2 per cent. The increase in Wiscon¬ sin was 43 per cent larger than the increase in Iowa. Wisconsin has three times as much invested in fac¬ tories as Iowa. In 1890, the wage earners in Iowa numbered 58,553, and in Wisconsin 142,076. In Wisconsin, the wages earned amounted to $58,407,597, and in Iowa, $23,- 931,680. Wisconsin employed 393,000 horse power in its manufacturing industries, and Iowa 125,000. 12 UNFAIR RAILWAY AGITATION. In Volume 8 of the Twelfth Census, in the general article on the industries of Iowa, it is stated, "In the thirty years since 1870, however, the difference in the rate of growth of the \fage earn¬ ing class, as compared with that of the total pop¬ ulation has been much less pronounced, the pop¬ ulation having increased 86.9 per cent, and the wage earners 133.9 per cent. It is furthermore indisputable that the gain during this period in per cent, of average number of wage earners over population is limited to the decade ending in 1890." If this observation of the experts of the Census De¬ partment means anything, it means that during the decade in which the Granger legislation was first es¬ tablished in Iowa, it stopped the growth of the indus¬ tries of that state. The next decade had seen the ad¬ justment of interstate rates so as to afford the people of Iowa some relief, which, howevei", was temporary, and did not continue beyond 1890. It shows that while the ratio of wage earners to population is constantly increasing in Wisconsin it does not increase in Iowa. The distance tariff has paralyzed the industrial growth of lotva. The following statements are made in the general article on Wisconsin in the same volume of the Cen¬ sus: "The remarkable growth of manufactures in Wisconsin is to be attributed to the ahimdant supply of materials and excellent market facili¬ ties. Manufacturing is not concentrated in a few localities, but is distributed throughout the state. * * * In 1900, Wisconsin had 6,531 miles of railroads which have contributed to the develop¬ ment of agriculture and manufactures." Iowa is pre-eminently an agricultural state, and yet A REPLY TO GOVERNOR LA FOLLETTE. IS Wisconsin has taken the lead of her in daisying by fnlly a third. This is due to the fact that dairying can be encouraged in Wisconsin by the concentration and commodity rates which the tariffs of the railways afford, while in Iowa, nothing is open to the shippers but the straight distance tariff within the state, or the direct route to market by interstate rates. Iowa is a great live stock state, almost a tenth of the entire traffic of the state being in that commodity. And yet she tans no hides, while the leather output in Wisconsin amounted to $20,074,373 in 1900. This is because the commodity tariffs of this state permit the transporta¬ tion of the bark used in tanning at low rates, and be¬ cause the hides to be tanned can be shipped in cheaply. In Iowa the distance tariff makes no distinction between raw material and finished product. Grovernor LaFollette's assertion .that the rates on merchandise in Wisconsin are 30 per cent, higher than I the rates in Iowa, is one of those half truths that serve an argument as well as an untruth. There are rates in Wisconsin which are higher than rates that are in force in Iowa, but it has been shown time and again, and proved by limitless comparisons, that the rates on which the traffic is actually moved, and the rates between points where there are actual shipments, are in the main about the same in each state. In fact, to one who is at all familiar with the transportation question, nothing could be more absurd than the state¬ ment that a general average of rates could be main¬ tained thirty per cent, higher in one state than in another contiguous state, with which its commerce is in constant competition, and with which its com¬ modities are in constant interchange. It would be a 14 UNFAIR RAILWAY AGITATION. physical impossibility. Such a difference in rates would amount to a dam across the channels of com¬ merce over which no business could possibly flow. Of itself, the railway business is a large interest, and its related importance to the commerce of the coun¬ try is not inconsiderable. For the most part, its man¬ agement is committed to the hands of men whose time and energies are engrossed in its affairs. They have not the time to devote to the literary propaganda and the lecture platform, which some of their more for¬ tunate fellow citizens possess. It, therefore, happens that in the nature of things much more is said and written to arouse the prejudices of the people against the railways than can be prepared in answer to the baseless charges which are bandied about for polit¬ ical purposes, and in refutation of the half-true statis¬ tics upon which the anti-railway agitation rests. It may be asserted, however, as a general truth, that "fair railway regulation" cannot be successfully based upon "unfair railway agitation," and that in the end, the broad and underlying good sense of the American people can be relied upon to arrive at the basic facts, and to flnd, through all the din and clamor, the ulti¬ mate truth upon which conservative action will be based. II. MISLEADING STATISTICS ANALYZED. In all Ills public discussions of the transportation question, Governor LaFollette has used computations which do not support the conclusions he draws from them, and he has always involved the question in a maze of technicality which is foreign to the issues. It is true that there is no business more involved with intricate complications than the adjustment of the transportation rates which control to a large de¬ gree the flow of commerce, but there is no technical complication in the commercial results attained by the railways. There are three departments into which railway statistics are divided: financial, traffic and operating. These departments are as distinct as though they were separate transactions, although to a large extent they involve the same business. In treating the transportation problem, Governor LaFollette habitually disregards the lines between these divis¬ ions. He confuses his readers and misleads them, by attempting to apply computations from one depart¬ ment to the transactions of the others. The system of railway accounting is so simple that it may be easily understood by all. The volume of business is represented by gross earnings. That is the money received from the traffic carried, and corre¬ sponds to the sales account of every merchant. From this, the cost of operation is deducted, and the result is net earnings, which corresponds to the profit and loss account of every set of books. This shows in gross amount what a railway company has made, and there is no other computation necessary to arrive at the amount of its actual earnings. Neither igross 15 16 UNFAIR RAILWAY AGITATION. earnings nor net earnings have any bearing npon the question of what rate has been charged for transpor¬ tation, any more than the amount of the profit and loss account of a merchant determines what price he has charged for the articles he has sold. The net earnings of the railways may increase materially in the face of a Riaterial reduction in rates, and they may decrease materially in the face of a material in¬ crease in rates. The Bate Peb Ton Pee Mile. There is but one computation in railway accounting that has any hearing upon rates, and that exactly de¬ termines what the average rate has been on the traffic actually moved. That is, the rate per ton per mile. The rate per ton per mile is obtained by first multi¬ plying the weight of each shipment by the distance it is transported, which gives the equivalent of the weight transported one mile, and when this is re¬ duced to tons and the whole freight movement is added together it gives the equivalent of the whole amount of tons moved one mile; the total revenue received is divided bv the total ton miles, and the result is the y average amount received for transporting one ton one mile. Inasmuch as traffic is moved upon an infinite variety of rates for an infinite variety of distances, the only unit to which the business can he reduced is the movement of one ton one mile, and the revenue derived therefrom. In all the statistics which Gov¬ ernor LaFollette has presented to the readers of The Saturday Evening Post, the rate per ton mile is ig¬ nored, and a complicated array of confusing figures, having no bearing whatever upon the rate question, is presented. A REPLY TO GOVERNOR LA FOLLETTE. 17 The statistics presented by Governor LaFollette, in their fundamental inaccuracy are characteristic of all his public discussions of this question. The facts of transportation show that rates have generally declined, and that for the last few years all the elements of cost have increased beyond the slight recovery shown in rates. In the face of these facts, Governor LaFol¬ lette has made a presentation, plausible, upon its face, and by its very plausibility calculated to mislead those who read it and force upon them wrong conclusions concerning the questions involved. It is, therefore, of interest to examine in detail the statistics upon which his charges rest. Unwarbanted Assbetion op Eevenub Inceease. The statement is made that "the coal rates; the iron schedules; the rates upon grain and its products; lum¬ ber; live stock and its products, are generally higher than four years ago—the increases upon coal rates alone amounting to very much more than $25,000,000 per year." If it were true that the increase of rates on coal alone amounted to $25,000,000, there is no way in which that fact could be established from any data which are available. The report of the Interstate Commerce Commission for 1903, however, does con¬ tain facts which indicate very strongly that this as¬ sertion probably is not true. As the statistics for 1903 are the latest figures published, it will be assumed that when Governor LaFollette speaks of "the last four years" he means 1900 to 1903, inclusive. The classes of traffic which are specified as having advanced, constituted in 1903, 75.42 per cent, of the entire traffic of the country. The rate per ton mile in 1900 was 7.29 mills, and in 1903, it was 7.63 mills. Í8 unfair railway agitation. having advanced thirty-four one-hundredths of a mül. The ton mileage of 1903 was 173,221,278,993. When the advance in the rate per ton mile is applied to the ton mileage of 1903, it would indicate that the advance in rates added to the revenue of the companies in all, only $58,895,234. In view of the fact that in these four years there was no advance in rates on soft coal, and that hard •coal constitutes but about 6.3 per cent, of the entire tonnage of the country, it does not seem probable that almost 50 per cent, of the entire advance could have fallen upon that commodity alone without producing a serious disturbance in its relations to other com¬ modities. While there are no data upon which the statement can be refuted, all the probability is against its accuracy. There certainly are no data in existence by which such a statement can be substantiated. It is interesting in this connection to note, while $58,895,234 of the increase in gross revenue of 1903 over 1900 is attributable to the advance of .34 of a mill in rates, that during the same time the operating ex¬ penses of the companies increased $296,110,341. The advance in rates from 1900 to 1903 amounted to 4.6 per cent. Against this the ratio of operating expenses to tonnage handled increased 7 per cent, during the same time. The Eate "Feb Each Ton of Peeight." The rate per each ton of freight—^not per ton mile— is stated to have been about 12J cents higher in the spring of 1904 than in 1899. This is a computation made by the statistical department of the Interstate Commerce Commission, which can be accounted for upon no more serious theory than the satisfaction of A REPLY TO GOVERNOR LA FOLLETTE. 19 curiosity. Inasmucli as no such thing exists in the railway business as a rate per ton, except for a certain distance, it is clear that the separation of the com¬ modity from the distance transported, leaves a result which is of no force or value whatever. The fact that the rate per ton, separated from the element of dis¬ tance, was 12| cents higher in 1904 than in 1899, does not show that any greater amount was charged for the transportation of freight, but it does show, and all it does show is, that in the average each ton was trans¬ ported farther and, therefore earned more revenue. The report of the Interstate Commerce Commission shows that the average haul per each ton did increase 3 per cent, during this period, while the increase of 12| cents is an advance of less than one per cent. Governor LaFollette states that when this increase was applied to the traffic of 1903, it was found that it meant an increase of over $155,000,000 in gross earn¬ ings from this cause alone. It is evident that his au¬ thority for this statement is the report of the Inter¬ state Commerce Commission to the United States Sen¬ ate, dated April 7, 1904, in which it was asserted that the increase in rates from 1899 to 1903 had added to the gross earnings of the carriers for the year 1903 the sum of $155,475,502. According to the figures given by the Interstate Commerce Commission them¬ selves this could not have been true. Their report shows that from 1899 to 1903, the rate per ton mile increased .39 of a mill, and that the total tonnage of 1903, was 173,221,278,993. This, multiplied by the in¬ crease in rate, shows that the increase in gross revenue was $67,556,298. Inasmuch as the increase in rate is shown to have been but 5.4 per cent., it is difficult to see how the assertion that 36 per cent, of the revenue so UNFAIR RAILWAY AGITATION. was derived from increases in rates can be tmie. The figures themselves as they are given by Governor La- Pollette disprove the assertions he makes concerning them. Incobrect Statement of Increase of Traffic. Governor LaFolIette states that the volume of traffic has increased 52 per cent., comparing 1902 with 1897. This percentage he arrives at by comparing the tons of freight "carried one mile per mile of road." This, like the rate per each ton, is a mere statistical computa¬ tion not based upon a fact, nor leading to the conclu¬ sion of a fact. It is arrived at by dividing the number of tons of freight carried one mile by the miles of road. It is obvious that it has no bearing whatever upon the volume of business. For illustration, take two roads with the same number of tons carried one mile, but with different mileage; this computation would show that one road averages more ton mileage per mile of road, but it would still be true that they each carried the same number of tons per mile. The fact is that in 1897, the munber of tons carried one mile was 95,139,022,225, while in 1902, it was 157,289,370,053, a gain of 62,150,347,828, or 65.3 per cent, and not 52 per cent, as stated by Governor LaPollette. Inaccurate Estimate of Increased Equipment Efficiency. The deductions which Governor LaFolIette seeks to draw from the increased efficiency of equipment are not sustained by the facts which he gives. It is true that it does not require as many ears to handle a given quantity of freight as it did some years ago, and it is true that more tons are hauled with one engine than A REPLY TO GOVERNOR LA FOLLETTE. HI formerly were, and it is true that the tonnage per train has increased, and that the revenue per train mile has correspondingly advanced; hut it is not true that the cost of transportation has decreased in the ratio by which these facilities have increased. The larger cars cost more, and it requires as much power to haul a million tons of freight in 1268 cars as it does to haul a million tons of freight in 1647 cars. The fact that one locomotive will haul more freight than another, does not indicate that the cost of transporta¬ tion is reduced in proportion to the relative power of the engine, because the larger the engine, the more fuel it consumes and the more it costs to run it. What Governor LaFollette has presented, and the facts upon which he bases his assertion that the efficiency of rail¬ way equipment has increased 42 per cent, is merely the result of improvements in efficiency and not the causes which have brought it about. There is but one way in which the relative efficiency of equipment can be determined, and that is, by the work it does. This would be accurately arrived at by dividing the number of tons hauled one mile into the operating cost of hauling that tonnage. Owing to the fact that the railways do not report, and in the nature of things cannot determine operating expenses separately for freight and passenger business, the exact figures can¬ not be arrived at. However, the ratio of freight and passenger traffic to each other is substantially the same in any two recent years, and so the ratio of operating expense to the ton mileage, while not the exact figure at which the tonnage is transported, affords a basis for comparison as between any two years. At any rate, it is the nearest we can get to the efficiency of SS UNFAIR RAILWAY AGITATION. equipment. We find upon this basis that in 1897, the ton mileage was 95,139,022,225, and the operating ex¬ penses were $752,524,764, or 7.9 mills per ton mile. In 1903, the ton mileage was 173,221,278,993, while the operating expenses were $1,257,538,852, or 7.2 mills per ton mile. It must be borne in mind that these fig¬ ures are relative and not actual, because the operating cost of the passenger service is included in the operat¬ ing expenses and figured against the ton mileage of the freight business only. However, this shows an increase in efficiency of 9.72 per cent, and not 42 per cent, as asserted from the mere added capacity of equipment. Incorrect Statement op Increased Earnings. Governor LaFollètte states that the gross earnings per mile increased from 1897 to 1902, 40.9 per cent. Gross earnings have no relation to the mileage, and a mileage result is materially misleading. In 1897, the gross earnings were $1,122,089,773, and in 1902, they were $1,726,380,267, The gain was $604,290,494. A very simple computation will determine that the in¬ crease was 53.8 per cent and not 40.9 per cent. Governor LaFollette states that the increase in net earnings per mile from 1897 to 1902 amounted to 46 per cent. The actual net earnings in 1897 were $369,- 565,009, and in 1902 were $610,131,520 ; the gain being $240,566,511 or 65 per cent., and not 46 per cent. The ton mileage of 1902, as compared with 1897, increased 65.3 per cent. Therefore, if the rates had been the same in 1902 that they were in 1897, the gross revenue would have increased 65.3 per cent. As a mat¬ ter of fact, it did increase 53.8 per cent., showing that rates must have declined in order to carry an increase A REPLY TO GOVERNOR LA FOLLETTE. SS I in tonnage larger than the increase in revenue. In 1897, the rate per ton mile was 7.98 mills, and in 1902, it was 7.57 mills, a decrease of .41 of a mill or 5.4 per cent. Deducting the percentage of decrease in rate from the percentage of increase in tonnage leaves the net increase 59.9 per cent., which is within 6.1 per cent, of the increase in gross revenue. In the five years covered by this comparison, this difference of 6.1 per cent, might easily arise from the variation in data in the different years. However, it clearly demonstrates that during this*period rates not only could not have advanced, but the indication is that in the actual application to the traffic carried they declined more than is indicated by the rate per ton mile, which may have resulted from the shifting of the proportions of business as between high grade and low grade traffic. We find that the net earnings for this period in¬ creased 65 per cent. If the expenses of operation had been the same for this period, gross earnings would have shown the same increase. We find, how¬ ever, that gross earnings increased but 53.8 per cent., showing an excess of 11.2 per cent, in the increase of net earnings over gross earnings. This is the result of the increased efficiency of equipment to which Gov¬ ernor LaPollette refers, and as we have seen, this amounted in this period to 9.72 per cent, and should have produced an excess of increase in net earnings of that amount. The difference of 1.48 per cent, is not a material variation. Governor LaPollette states that net earnings in 1897 were equal to 6 per cent, on $33,600 per mile, while in 1902, they were equal to 6 per cent, on $50,800 per mile. The difference is $17,200 a mile, and would indi- S4 UNFAIR RAILWAY AGITATION. cate an increase in net earnings amounting to 51.2 per cent. This fact is inaccurate, for, as we have seen; the net earnings actually did increase 65 per cent. The increase of 65 per cent, in net earnings is not only justified by the growth and expansion of the business, but it has not kept pace with the development of expen¬ ditures. As compared, with 1897, the trust obligations outstanding for equipment alone had increased in 1902, 123 per cent. The additional equipment required to handle the enormously increasing volume of business, and the replacing of old equipment worn out, had of itself exceeded the increase in net earnings by 58 per cent. The increase in labor occasioned by the growth of the business during this period, both in amount of labor employed and increased wages paid, amounted to 48 per cent, of the expenditure in that direction in 1897. During that time the expenditures for fuel had increased 40 per cent. MisLBiDiNG Effect of Net Earnings Per Mile. The expression of net earnings upon a mileage basis is grossly misleading. It is obvious that the net earnings should be measured by the volume of busi¬ ness and the expense of transacting it, rather than by the mileage operated. The miles of track have no re¬ lation whatever to the business done, while the equip¬ ment and the expenditures are vital factors in the transaction of the business. The unfairness of such a comparison as this would be readily seen if the earning capacity per mile of the Pennsylvania Railway between Jersey City and Philadelphia were compared with an equal number of miles of the Chicago, Mil¬ waukee & St. Paul Railway in North Dakota. It is manifest that the difference in volume of business A REPLY TO GOVERNOR LA FOLLETTE. «5 would render sucli a comparison entirely valueless. The difference of 65 i)er cent, in volume of busi¬ ness from 1897 to 1902 renders the compari¬ son of earnings per mile on the railways of the entire country just as valueless. The net result, however, is very easy to ascertain by computing the ratio of net earnings to the ton mileage, which compares the net result with the amount of busi¬ ness transacted. As heretofore explained in a similar comparison, it contains the inaccuracy of having the result of passenger business in the net earnings, while only the freight business is compared to it, but as this is true of both years, for the purpose of comparison, the relation between the two years would be the same. We find in this computation that in 1897, the net earnings were $369,565,009, and the ton mileage was 95,139,022,225, the ratio being .0038 per cent. In 1902, the net earnings were $610,131,520, and the ton mileage was 157,289,370,053, the ratio being .0038 per cent. We thus find that despite the reduction öf 5.4 per cent, in the rate per ton mile as between these two years, the relation of net earnings to the ton mileage remained the same, showing that the increased economies in operation just equaled the decrease in rates. With this result the amormt of "earnings per mile" has nothing whatever to do. No matter how much they may have increased per mile, the figures show that for the two years compared, they were exactly the same, on the business transacted. The increase in net earnings of railways is fre¬ quently referred to as evidence that rates are too high. Such increase is due, not to high rates, but to constantly increasing tonnage, which is being handled with constantly increasing economy. se UNFAIR RAILWAY AGITATION. The state has the power to fix the rates of interest which may be charged for the loan of money, and it does fix such rates. Under this rate some banks are prosperous, while others are not able to earn a sub¬ stantial profit. The same thing is true of railway rates. Under the same tariff schedules some railways earn satisfactory revenues^ while others meet bank¬ ruptcy. In the case of both banks and railways it is not the rates, on which the profits are primarily made, but the volume of business and the economy of man¬ agement. The fact that some banks earn large divi¬ dends is as much a reason for further reducing the rates of interest, as that because some railways show a profitable earning capacity, the rates of freight should be reduced. If exactly the same campaign should be started against the banks of this country that has been waged against the railways, there would be no difficulty whatever in enlisting popular support for the enactment of laws by the different states fur¬ ther reducing the interest rate, and this campaign could be based solely on the assertion that the banks are making too much revenue. And yet, every one knows that if the legal interest rate were reduced, it would only make it that much harder for people need¬ ing financial accommodation to secure it. The reduc¬ tion of railway rates, even though at the present rates some companies are prosperoiis, could not be effected without depriving many railways of necessary reve¬ nue, with the result that in the end, the commerce of the country would "be inevitably crippled by the read¬ justment of transportation conditions to depleted treas¬ uries and unprofitable operation. A REPLY TO GOVERNOR LA FOLLETTE. Ä7 I'igures Juggled to Produce Desired Effect. The presentation of these statistics is further tainted with an irregularity which is unworthy either the source from which it emanates, or the subject to which it is applied. The first comparison is between 1904 and 1899; the next between 1897 and 1902; the next between 1897 and 1903, and the next between 1897 and 1902. Up to this point all the comparisons, except the first, which is not a material one, are between periods at which the rate per ton mile, which is the actual average of rates in force, was higher at the earlier date than at the later one, and in any one of these in¬ stances if the rate per ton mile had been used in con¬ nection with the other data, it would have refuted every argument made. However, when the rate per ton mile is quoted, 1899 is compared with 1902, two years which are not compared for any other purpose. This shows for that period an increase in the rate per ton mile because in the commercial depression of 1899, and especially because of the excessively low rates in force that year on bituminous coal, which constitutes 20 per cent, of the traffic of the country, the rate had declined to an abnormal figure. From this abnormal depression there has been since 1899 a steady recov¬ ery, so that in 1902 the rate had reacted from 7.24 mills to 7.57 mills, an increase of 4.5 per cent., though it was still 5.4 per cent, below 1897, the basis of nearly all of Governor LaFollette's comparisons. If Governor La Follette had taken the average rate per ton per mile for 1897, the year from which his other data are for the most part drawn, he would have shown a decline in rate from 7.98 mills to 7.57 mills. It was clearly to avoid showing this decrease that he »8 unfair railway agitation. took the unusual and exceptional figures of 1899. On the other hand, had he used 1899 for the earlier pe¬ riod of his other comparisons, it would in every case have reduced the showing which he desired to make. It is not fair to people who depend for their informa¬ tion upon the statements given them to produce arti¬ ficial results by such juggling with the facts. Advance in Wages and Materials. According to the figures given by Governor LaFol- lette, rates have advanced but 4.55 per cent., and yet he dismisses an advance in wages amounting to an average of 6.10 per cent, for trainmen, 4.46 per cent, for shopmen and 4.89 per cent, for trackmen and other employes, as of no special account. He seeks, through¬ out the entire presentation of the subject, to charge against the railways all the increase in volume of busi¬ ness, with no allowance for the increased cost of trans¬ acting the additional business, as well as the actual increase of cost by reason of the advance in labor and materials. It will be noted in the above percentages of labor increases that the larger increase has been in the department where the most men are employed, and among the class of employes who receive the larger amounts of compensation. This adds mate¬ rially to the net result of the increases. Governor LaFollette says: "It is true that mate¬ rial is somewhat higher." This is a conservative statement of the fact. The accompanying statement shows what the effect of these prices which are ' ' some¬ what higher" have had on the purchases of supplies by The Chicago, Milwaukee & St. Paul Railway Com¬ pany, comparing 1902 with 1897. A REPLY TO GOVERNOR LA FOLLETTE. B9 PRICES OF 1902 COMPARED WITH 1897. Article. Iron and Steel (Supplies) Kerosene Oil Car Oil .... Engine Oil . Linseed Oil . Lard Oil ... Valve Oil . . Copper Lead . Tin . .. Portland Cement . Air Brake Hose.. , Water Hose Steam Hose Car Heating Hose Fire Hose . Air Brakes Hard Coal ... Foundry Coal Smithing Coal Tough Coal .. Coke Coal .. . Waste Brick Brick Paving ... Brick Locomotive Amt. Bought per cent Lumber and Timber .. ., Net increase in cost 50. 1.26 1.08 1,14 .74 .13 .76 1.5 .52 .58 3. .44 .19 . .07 .12 .05 2.69 .65 .24 .23 .09 .54 .76 .36 .04 .40 25. Ad¬ vance per cent Decline per cent 70 114 92.58 63. 20 8 11 89 15 13 9 38 75 61 2 39 40 10 15 7 25 20 Increase per cent 31.5 0025 0052 0015 001 ,0005 ,005 Decrease per cent 00009 .dd()d3 .0009 .odds .00008 .002 .0003 .002 .0002 .00008 9.75 41.27168 41.25 012 0004 .0001 .00008 .006 .0004 .01898 The amount of purchases is the per cent, of the given commodity of the total purchases made by the purchasing department, which does not include fuel, steel rails, or equipment of any sort, but is confined to ' supplies.The advance or decline is the difference in price between 1902 and 1897 in per cent. The increase or decrease is the amount in per cent, which the advance or decline in price, applied to the amount purchased, affected the expenditures of the company. so UNFAIR RAILWAY AGITATION. In the supplies covered by this statement, the in¬ creased cost due to rise in values, amounted to $2,333,- 998.94. In steel rails the increase in price since 1897 is 61.4 per cent, which, on the purchases of this com¬ pany in 1902 amounted to an additional cost of $692,- 588.97. From 1899 to 1902 there was an advance of 14 cents a ton in the average cost of fuel for this road, which, on the purchases of 1902, made an additional cost of $262,456.60. It is true that "material is some¬ what higher." The situation of the Chicago, Milwaukee & St. Paul Eailway in this connection is not different from the other railways of the country. In the North Amer¬ ican Eeview for February, 1905, Mr. W. Morton Grin- nell presents statistics which show that the average advance in the wages of railway employes since 1898 has been fully 15 per cent., and in the same periodical for March, 1905, Mr. David Willcox shows that since 1899 all railway expenses, including the cost of all materials which the railways use and consume, have increased in greater ratio than income. Feeight Not Paid by the Consumée. An economic fallacy to which the opponents of rail¬ ways have clung with great tenacity is the "tax of transportation" upon consumers for the necessities of life and other merchandise. Practically speaking, it is true that the freight on merchandise does not to any extent whatever affect the price at which goods are sold. The system of transportation is such that this tax, while relatively high in rate, is the lightest burden which transported commodities bear. The transportation of merchandise A REPLY TO GOVERNOR LA FOLLETTE. SI does not in the average represent 2 per cent, of its value from production to consumption. It is obvious that no merchant could or does compute the amount of freight per pair of shoes, or the amount of freight per hat, or the amount of freight per suit of clothes. It is within the common knowledge of every one that stand¬ ard makes of hats, shoes and clothing and established brands of cigars are sold in Seattle at the same price they are sold in New York, though transported across the continent. The amount of transportation charged is so small that it does not affect the retail price. This is very strikingly shown by the statistics of re¬ tail prices of different commodities in different states, prepared by the Hon. Carroll D. Wright, of the Gov¬ ernment Bureau of Labor and Statistics. As compared with Wisconsin, in Iowa, Illinois, Min¬ nesota and Texas, where there are railway commis¬ sions, in 1893, the prices of the principal commodities which may be classed among the necessities of life were, generally speaking, materially higher. Article Wisconsin. Minnesota. Minnesota. Texas. Texas. Price Cents. Price Cents. Higher Cents. Higher per cent Price Cents. Lower Cents. Lower per cent Price Cents. Higher Cents. Higher per cent Price Cents. Lower Cents. Lower per cent Rib Roast 12.5 10.42 24.17 15. 20.33 8.33 4.88 40. 40. 50. 9.25 10. 12.50 25. 5. 2.28 5.25 11.88 13.25 13.63 13.54 Í5Í5Ó 22. 10. 6.25 50 51.25 50. 11.54 10.83 13.08 40. 5. 2.40 5.25 13.54 15.58 1.13 3.12 9. 29.9 • • • * r-" 13.54 28.75 20. 27.50 10. 5.83 75. 107. 65. 11. Round Steak 3.12 4.58 5. 7.16 1.67 .95 35. 67. 15. 1.75 29.9 18.9 33.3 35.2 20.1 19.4 87.5 167.5 30. 18.9 Dairy Butter 22. 2.17 9.9 Cheese .50 1.67 1.67 1.37 10. 11.25 .03 8.2 20.4 28.1 25. 28.1 • < • • 24.7 8.3 4.6 60. Effffs Rice Sugar Tea Potatoes Molasses ... Lard 2.29 .83 .58 15. Corned Salt Beef Dressed Chicken Mocha & Java Coffee . Wheat Bread Patent Best Flour . .. Fresh Milk .12 5.2 10. 4.75 90.4 2.21 .07 3.1 Pork Chops 1.66 2.33 13.9 17.5 Sugar Cured Ham.... - 15. 1.75 13.2 Article. Wisconsin. Iowa. Iowa. Illinois. Illinois. Price Cents. Price Cents. Higher Cents. Higher per cent Price Cents. Lower Cents. Lower per cent Price Cents. Higher Cents. Higher per cent Price Cents. Lower Cents. Lower per cent Rib Roast 12.5 10.42 24.17 15. 20.33 8.33 4.88 40. 40. 50. 9.25 10. 12.50 25. 5. 2.28 5.25 11.88 13.25 13.85 12.5 24.17 17.08 • • • • » 8.33 5.66 50. 1.35 2.08 10.9 19.9 • ♦ 1 • • Í8!é7 14.42 12. 26.58 19.17 24.71 8.33 5. 50. 78.33 50. 11.67 13.63 28.33 5. 6. « • « « • 13.92 1.92 1.58 2.41 4.17 4.38 15.4 15.1 9.9 27.8 21.5 Round Steak Dairy Butter Cheese 2.08 13.9 Effsrs 1.66 9.0 Rice Sugar .78 10. 16. 25. .Í2 10. 38.33 2.4 25. 95.8 Tea Potatoes Molasses • • • • • 12.92 33Í33 5. 2.59 * • • • • 14.38 20. Lard 3.67 39.7 2.42 1.13 3.33 26.1 9.0 13.3 • « • • • 66.66 Corned Salt Beef .... Dressed Chicken 6. 4. Mocha & Java Coffee . Wheat Bread 8.33 33 3 Patent Best Flour ... Fresh Milk .31 13.7 .75 14.2 2.14 .14 6.5 Pork Chops 2.50 6.75 21.0 50.9 ÍÓ.Ó8 1.80 17.8 Sugar Cured Ham .,. .67 5. SJf UNFAIR RAILWAY AGITATION. As shown by the accompanying table, in Iowa they ranged from 10 to 50 per cent, higher ; in Illinois, with two exceptions, from abont 10 per cent, to 27 per cent, higher, one of the exceptions noted being 2 per cent, higher and the other 95 per cent, higher ; in Minnesota, with one exception, they run from 3 per cent, to 60 per cent, higher. In Texas they run from 13 per cent, to 167 per cent, higher. From the above statements, must be excepted eggs in Iowa, which are 9 per cent, lower than in Wisconsin, and dairy butter in Minne- sota, which is practically 10 per cent, lower; corned salt beef, flour and pork chops in Illinois, all of which are lower, and flour, in Texas, which is slightly lower. It would be absurd to contend that because the prices of these commodities in Wisconsin are so markedly lower than they are in the other states, that therefore the freight rates of Wisconsin are equally lower; and it is as absurd to claim that a difference in freight rates would increase the price. Inceeased Revenue Due to Increased Business. Brought down to its final results, then, we find that the increase in either net or gross earnings of the rail¬ ways, is substantially commensurate with the increase in volume of business, modified by the slight advance in rates, which is more than overcome by the increased cost of labor and materials, and which, on the com¬ parisons presented by Governor LaFollette, has re¬ duced the increase in net earnings below the increase in gross earnings. It would seem as though the car¬ riers had taken their share of the burden of increas¬ ing values. On the other hand, it must be borne in mind that A REPLY TO GOVERNOR LA FOLLETTE. 35 all the commodities transported are worth more than they were five years ago, and that the slight advance in rates which is shown is by no means equal to that advance. So that not only are the carriers actually receiving less for their service than they were five years ago, but the shipper, in proportion to the value of the service to them are also paying much less. It seems reasonably clear that if the case of "fair railway regulation" rests for its foundation upon ex¬ cessive or advancing railway rates, it is a foundation that there is no evidence to sustain, in the face of rates that have been constantly and steadily lowering for thirty years, and which in the very nature of the course of commerce must continue to lower as the vol¬ ume of tonnage increases. Certainly there is no wrong here which requires the intervention of gov¬ ernmental regulation. m. THE CONTROL OF TRANSPORTATION RATES. A fair conclusion to be drawn from the introductory portion of Governor LaFollette's third article in The Saturday Evening Post is, that the commercial and industrial interests of this country are in danger of annihilation and destruction unless the restraining hand of the government is laid with its extreme power upon the carrier corporations. There are hut two ways in which the carriers could impair the commerce of the country, passing hy for the moment the inherent absurdity of the proposition that they would do so if they could ; that is hy the imposition of either exorbitant rates, or discrimina¬ tive rates. No fair minded railway official attempts to question that it is not only within the power of the government to prevent both these injustices, hut that it is also its duty to do so. So far as real railway regulation is concerned, the opponents of railways build up a man of straw which they valiantly hatter down. m Elkins Law Prevents Rebates and Discriminations. In a page and a half of space devoted to these propo¬ sitions, Governor LaFollette devotes a line and a half to the Elkins amendment of the Interstate Commerce law which has, practically speaking, done away with rebates and discriminative rates. In proof of his as¬ sertion that rates are unreasonable and extortionate, he quotes numerous excerpts from the demands of the members of the Interstate Commerce Commission for an extension of their powers. So far as the evil of secret preferences and rebates is concerned, the In- 36 A REPLY TO GOVERNOR LA FOLLETTE. 37 terstate Commerce Commission itself is of the opinion that the present law is ample and that it will abolish that evil, if it has not already done so. In the report for 1903, on pages 10 and 11, the commissioners say: ' ' Indeed, it is believed that never before in the railroad history of this country have tariff rates been so well or so generally observed as at the present time. • * * ijj its present form, the law seems to be about all that can be provided in the way of prohibitive and punitive legislation. Unless further experience discloses defects not now perceived, we do not anticipate the need of further amendments of the same character, and designed to accomplish the same purpose." According to this testimony of the Interstate Com¬ merce Conunission, the law now provides full and am¬ ple protection from rebates and secret preferences, and the government, in the exercise of its power, is enforcing the equal rights of all in the use of the highways of commerce on the same terms. And yht Governor LaPollette disposes of this most important law in a sentence, and in the next sentence calls atten¬ tion to the fact that it affords no protection from ' ' un¬ reasonable and extravagant rates." It may be asserted, upon the authority of the Inter¬ state Commerce Conunission, that in considering the need for railway regulation, the subject of undue pref¬ erences and rebates may be eliminated, as being amply covered by the present law. It is, therefore, interest¬ ing to note just what evidence can be brought to sup¬ port the contention that rates charged are exorbitant or excessive. The United States has the cheapest transportation S8 UNFAIR RAILWAY AGITATION. rates of any country in the world in which railways are operated. The rates in this country are only a third of those in Great Britain and France, and half of those in force in Germany. It is true that with the tonnage of our railways our rates ought to be lower, but the point is that they are. In its annual report for 1893, the Interstate Com¬ merce Commission said : "To-day extortionate rates are seldom the sub¬ ject of complaint." page 12. "We are not troubled with the question that rates are * * * too high." page 17. "It is significant that there has been, under the operation of the interstate commerce law, a steady decrease of complaints based on charges unreason¬ able in themselves." pages 218 and 219. In 1898, the chairman of the Interstate Commerce Commission testified before the Committee on Inter¬ state Commerce of the United States Senate, that the question of excessive railway charges—"that is to say, railroad charges which in and of themselves are extortionate, is pretty much an obsolete question." When this testimony was given, the rate per ton mile was within one one-hundredth of a cent of what it was in 1903. So that it may be safely asserted upon competent and irrefutable authority, that the rates, of themselves, are not subject to reasonable complaint. No one complains that he is charged too much for transportation. The whole complaint, and all the agitation against railways in this country, is based upon the adjustment of rates with relation to other rates. This fact should be clearly understood by every one who wishes to give to the matter the un- A REPLY TO GOVERNOR LA FOLLETTE. S9 biased consideration upon which a fair conclusion must he founded. Wabfaee of Politicians fob Poweb. The present warfare, which is being waged against the railways is a gigantic battle of the politicians, to secure a power which, if obtained, will pale to insig¬ nificance the imperial autocracy of Rome and plimge the commerce of this country into the direst disaster it has ever known. It will not be seriously contended by any one that the adjustment of rates as between themselves is per¬ formed by the railways with satisfaction to the inter¬ ests affected, nor will it ever be, so long as the human heart is selfish, and commercial nature is avaricious. The whole basis of complaint against the adjustment of rates is, that some particular interest, or some par¬ ticular community, or section of country, deems itself entitled to better rates in certain directions than it has. This is a condition that will always exist so long as there are people who think they ought to have more business than they have, or more money then they pos¬ sess. It is a manifestation of the universal discontent of the human heart, and no railway, or combination of railways, nor any railway commission, can ever change that óondition. That some people should be more fa¬ vorably situated with reference to transportation facil¬ ities than others, is as natural and as inevitable as that they should be more favorably located than others with reference to raw material. Absolute equality is not afforded to any one by nature, or in commerce, and the railways cannot overcome the natural limi¬ tations under which they and others labor. ¡fi UNFAIR RAILWAY AGITATION. The universal discontent which exists in respect of taxation, which is a purely government function, and subject entirely to government control, is similar to the general dissatisfaction with the adjustment of freight rates. Indeed, the inequities of taxation, and the inequalities of assessment growing out of political favoritism, and resulting from political influence are practically universal throughout our taxing system, and are much more glaring in their injustice than any difference in freight rates which has ever been com¬ plained of. If the government in the unrestricted ex¬ ercise of its power cannot produce a taxing system which commands the confidence of the people, when all that is involved in making it equitable is to apply the same measure of value to the property of different people, how can it be reasonably expected that the government administration of so complex a system of tariffs as railway charges could be administered either with justice to conflicting interests, or with satisfac¬ tion to the people. Beal Danger Is P^rom Demagogues—Not Bail ways. / From the political platform, alarming prognostica¬ tions are frequently made of the disaster which con¬ stantly threatens the welfare of the nation from the unlicensed and unbridled power of the carrier corpo¬ rations. But when we turn to the pages of the cen¬ sus, where there is written down in impartial honesty the record of our achievements, commercial and indus¬ trial, we find that from one end of the nation to the other, there has been the unbroken sweep of unparal¬ leled prosperity, except in those unfortunate periods A REPLY ÏO GOVERNOR LA FOLLETTE. 4I of our country's history, 'W^hen the suffrages of the people have been misled by the voice of demagogues, and they have written laws upon the statute books which have attempted to subject the natural course of commerce to artificial control. Wherever the rail¬ ways of this country have pushed their iron bands into the wilderness or across the prairies, towns and cities and villages have sprung up, and the hum of industry has followed in their wake. From the ear¬ liest days of our development until now, the railway has been the unfailing handmaiden of prosperity. Every shadow that has fallen across the prosperity of this nation can be traced with absolute directness to the economic fallacy of some designing politician. Not one instance of commercial depression or industrial paralysis can be traced directly or indirectly to any voluntary act of any railway. If the railways of this country possessed the auto¬ cratic power, which Governor LaFollette ascribes to them, would not the experience of half a century have placed upon the records some specific instance of its misuse to the general detriment of the country? It is true that specific instances of individual cases are here and there brought to the attention of the public. Some of them are true, but many of them are false. Those which are true are bad enough, and it is unfortunate that they should exist, but they are the isolated instances and the rare exception, and none of them reach proportions that affect the general result. Substantially, none of these cases is of such a nature that the exercise of the power of the govermnent to fix rates would affect them. In practically every such in¬ stance, the complaint arises, not out of the rate, but JtZ UNFAIR RAILWAY AGITATION. out of its enforcement. The law is ample now to en¬ force the rate, and all that remains to correct such cases is the fearless and impartial enforcement of the Interstate Commerce Act, as it stands tq-day. The business of eighty million people on two hun¬ dred thousand miles of railway, involving two billion dollars a vear, could not, in the very nature of human frailties, be conducted without some friction, some injustice, and some inequity; but, in the main, this business has been transacted satisfactorily to the patrons and profitably to the railways, and under con¬ stantly and steadily declining rates. In every state there is a statute against murder, but in every state murder is committed. In every state there is a statute against theft, but in every state theft is committed. Would it be fair, because it is impossi¬ ble to enforce these statutes without infraction, to ar¬ rest all the citizens and put them in jail to be sure that none should steal, or to hang them so that none should murder? It would be as reasonable to do that to make it certain that no theft should be committed or murder done, as to insist that because some infrac¬ tions of the duties of railways are committed, the management of all the railways shall be taken out of the hands of their owners. Duty of State to Regulate. No one attempts to deny that it is the duty of the state to see that the highways of commerce are kept open to all upon exactly the same terms, and that the charges for transportation imposed by the carrier corporations shall be just, reasonable, equitable and uniform. That is the law of the land, and it should be A REPLY TO GOVERNOR LA FOLLETTE. 4S the province of the government to enforce that law, just as it enforces every other law, and in no different way. The penalties for the infraction of that law should be so severe that no shipper would dare to de¬ mand from a railway company a sx)ecial concession or an unjust preference. The punishment should be so swift that no railway company would consider yielding to the demands which are constantly made upon them for unfair and undue preference. That this can be done is amply evidenced by the operation of the Elkins law. This is as drastic as the most ardent opponent of railways could ask, and yet, while it protects the in¬ terest of both the carrier and the shipper it does not in¬ fringe upon the rights of either. Under its operation, rebating and deviations from published tariffs have practically ceased. There is probably not a statute upon the books, either of the United States, or any state, under which, for the same period of time, there has been a smaller percentage of infraction. The Interstate Commerce Commission itself in repeated ex¬ pressions upon the subject has said that exorbitant or unjust rates are rarely complained of, and that dis¬ criminatory rates have been practically eliminated from the tariffs of this country. The Interstate Commerce Commission, as well as all unbiased students of the transportation problem, agree that rates, of themselves, as they exist, are gen¬ erally just and equitable, and that the principal evil which threatens, in the relations of transportation companies to shippers, is the undue preference and the rebate. It is not easy to see how the power to make rates conferred upon a railway commission will in any manner whatever affect the evil of rebates or un- H UNFAIR RAILWAY AGITATION. due preference. It would be as easy to grant a rebate from a rate fixed by a commission as it is under tbe present law to grant one from a rate fixed by the rail¬ way. The law that would prevent granting a re¬ bate from a rate fixed by the commission would pre¬ vent granting a rebate from a rate fixed by the car¬ rier. If the evils of transportation lie in the undue preference of any sort, it is clear that the remedy for it is not in taking away from the railways the power to make their rates. It has not been shown, and in the face of the facts as they exist, it cannot be shown that the rates themselves, if they are enforced alike for all, are unjust, unreasonable or inequitable. Political Power op Political Bate Making. It is but natural then. to inquire why this constant and persistent demand from politicians seeks to take from the carriers the right to fix their rates, and place that power in the hands of a political body. The an¬ swer is easy, for it comes out of the mouths of those who make the demand. It is true that in the hands of a political commission, the right to fix rates would exert over the commerce and industries of the country exactly the power which it is contended the railways exercise. The reason this power would inhere in a political commission, while it cannot exist in a com¬ mercial corporation, is that if the power were trans¬ ferred to a political body, the only consideration which restrains its use by the railways, and the only natural force which always has operated, and always wiU oper¬ ate to reduce rates, would be removed. The railway company in the nature of its business cannot build up one section of country at the expense of another, nor A REPLY TO GOVERNOR LA FOLLETTE. 4^ biiild lip one conmmnity to tbe detriment of its neigh¬ bor, nor build up one industry at the expense of its competitor. Under its common law duty as a com¬ mon carrier, which can always be enforced in the courts, it could be prevented from doing this, but the selfish interest of the corporation itself is a stronger safeguard for the interests of the public even than the law. The carrier must have the business. It must have the business from all sections through which it runs, from all communities with which it is identified, from all industries upon its line. It is necessary, in order to secure the tonnage which natur¬ ally belongs to it, that the railway should provide for different sections of its territory the special facilities which the nature of the business in particular local¬ ities requires. To this extent, it may be said that cer¬ tain sections of territory are specially favored. Every effort is undoubtedly made by every railway manager to develop every industry and every community that will produce tonnage for his road, but this is never done at the expense of other communities having simi¬ lar interests. The whole complaint against the ad¬ justment of rates rests on the unfounded claims of communties and localities for artificial advantages in commerce which do not of right or by nature belong to them. The present agitation against railways had its in¬ ception some years ago in an effort made by a little coterie of grain brokers in Milwaukee, of which Mr. E. P. Bacon was a leading factor, to secure for Mil¬ waukee, advantages as a grain market which it does not naturally possess, and which it was not within th« power of the railways to provide for it, even had they j^e UNFAIR RAILWAY AGITATION. been disposed to do so. The recent complaint of New York shippers against the grain rates for export at Baltimore and Philadelphia was the result of dissatis¬ faction with the adjustment of rates which secured to the two latter cities the equality with New York in the export trade, which the natural facilities of those ports afforded. Substantially every discontent con¬ cerning the adjustment of railway rates which now exists can be traced, not to the effort of the railways to confer artificial commercial advantages upon com¬ munities or localities, but to the demand of some com¬ munity or locality for artificial commercial advantages to which it is neither in nature nor in reason entitled. If those who are misled by the sophistries of the poli¬ ticians would but for a moment pause and think the question out for themselves, they would see how pre¬ posterous are these claims of favoritism and discrim¬ ination. It is not pretended that the railways refuse to haul for a portion of their customers, but it is con¬ tended that in various ways they give advantages and preferences to certain favored shippers. If this were true, would it not be obvious that if it could do so, the railway would be more interested in fostering the business of those to whom preference and advantages are not given, for the simple and selfish reason that such business would yield a greater revenue? As ab¬ surd as the assertion is, it is its own best answer. It has never been explained why a railway company should be interested in building up the business of one community as against another, when its revenues de¬ pend upon the business of both. There is no aestheti- cism in the railway business which makes potatoes A REPLY TO GOVERNOR LA FOLLETTE. ^.7 pleasanter to haul from one station than from an¬ other. It is immaterial to the railway company where its freight comes from, so long as it comes. If the public would but stop to think a moment, it would readily be seen that this theory of favoritism and dis¬ crimination, in whatever direction it is worked out, constitutes a sj^stem of commercial suicide, of which the railways of this country have not yet been guilty. It is not intended to assert that preferences and dis¬ criminations have not existed. But it is intended to show that they constitute an evil from which the rail¬ way is the most direct and severe sufferer, and that it is one from which the railways welcome relief. In other words, is it reasonable to suppose that the rail¬ ways are so anxious to give away their money that they would oppose the enforcement of a law that would prevent it ? In the hands of a political commission, however, having no interest in the commercial success of the carriers, and having no responsibility to the owners of the railways, political considerations would nat¬ urally become paramount, and with power of pitting section against section, town against town, and class against class, political favoritism would inevitably spring up and the interests of favored sections be given undue consideration in return for political pre^ ferment. A striking illustration of the probability of this evil is shown in the Galveston and Houston dif¬ ferentials, which the railway commission of the State of Texas, the only commission that exercises full power to make rates, maintains for the commercial iS UNFAIR RAILWAY AGITATION. benefit of those communities as against the mercantile welfare of the rest of the state. Railway Consolidation. Governor LaFollette devotes some attention in closing his presentation of the question of railway regulation, to the consolidation of railway interests into what he states to be practically 90 per cent, of the railway mileage of the country under substan¬ tially one control. The common experience of every business man in the United States refutes this state¬ ment. Competition in whatever form it may express itself is the opposing efforts of different people to secure the same business. In order to secure business in preference to others, there must be some induce¬ ment offered. In the railway business, as the law ex¬ ists today, this inducement cannot consist in any con¬ cessions of rate unless effected by published modifica¬ tions of tariff open to all alike. There is going on today, just as there always has been, the constant modification of published tariffs in order to secure business in competition. One hundred and thirty rail¬ roads are classified by Governor LaFollette as Van- derbilt lines. It is presumed that in this classifica¬ tion is included, for instance, the Nickel Plate, the Lake Shore, and the Michigan Central. There is no one whose business produces tonnage available for all these roads, who does not know that the competi¬ tion for business between them is as keen as it ever has been, and as sharp as it is between any one of them and the Pennsylvania Ifines. While the financial owners of some railways have undoubtedly become A REPLY TO GOVERNOR LA FOLLETTE. financially interested in other railways, it is not tme that there has been any general consolidation of the management or operation. As long as the manage¬ ment remains separate, all wholesome competition which affects the course of rates will remain in force as thoroughly as though the financial interests of the railways were entirely distinct. The reason for this is that the competition between the different lines, while it has a tendency to lower rates, has an actual tendency to increase tonnage, which more than offsets any reduction in rates when the net results are com¬ puted. Tonnage is the important factor in railway operation, and so long as separate management exists, and so long as more money can be made out of a larger volume of tonnage, nothing can eliminate the element of active and actual competition to secure that ton¬ nage. Operation of Eailw-^ys Cannot Be Consoijdated. Further than this, no matter how the railways of this country may be owned, they must always be sepa¬ rately operated. The statutes of nearly all the states prohibit parallel or competing lines from consoli¬ dating, and the Sherman anti-trust law, as construed by the Supreme Court of the United States, forbids «I any agreement between railways which would destroy competition or operate in restraint of trade. It is legally impossible, as the law in this country stands today, for the different railways to so combine as to prevent competition or restrain the natural course of commerce. But after all, the most potent factor in railway com- 50 UNFAIR RAILWAY AGITATION. petition has always been, and always will be the ne¬ cessity of providing markets for the constantly in¬ creasing production and consumption of the coimtry. The widening of market area will always of itself pro¬ duce a lowering of rates, and as long as the railways can make more money out of increasing tonnage, tbey will continue to lower the rate in response to the de¬ mands of increasing business. No combination of railways could stop this downward tendency of tariffs without immediately clogging the channels of business upon which the prosperity of the transportation com¬ panies depends. It is not true that 90 per cent, of the railway mileage of the country is subject to one control. It is not true that 90 per cent, of the railway mileage of the country is subject to the control of six interests. No such control of transportation, as is stated by Gov¬ ernor LaFollette exists today, nor is there any proba- bilitv that it ever will exist. What Can Be Expected From Poijtical Rate Making? What benefits, then, may reasonably be expected from "fair railway regulation" as advocated by Gov¬ ernor LaFollètte. Certainly, we cannot expect to secure cheaper trans¬ portation. We now have in the United States the cheapest transportation in the world, and at rates that have steadily declined for years, and which there is no reason to expect will not continue to decline as tbey always have done. Certainly we cannot expect to give any stronger A REPLY TO GOVERNOR LA FOLLETTE. 51 guaranty that the highways of commerce shall be open to all on any more equal terms than they are, for we have the assurance of the Interstate Commerce Com¬ mission itself, as well as the experience of the busi¬ ness world, in support of the statement that the pres¬ ent law, if enforced, is ample to prevent the evils of rebates and preferential rates. There is no reason to expect that we should be able to secure any fairer adjustment of rates as between themselves from a political commission than we do from the railways, for the railways have back of their adjustment of the rates the selfish interest of their own prosperity, which depends upon the prosperity of all the business on their lines, while a political com¬ mission if given this power would have nothing at stake but the political success of the influences which placed it in oflSee. If it were proposed to delegate the right of Con¬ gress in levying a protective tariff to a political com¬ mission, and give that commission authority to make such adjustments of the schedules as the interests of different communities and different people might from time to time require, the dangerous power which such a privilege would confer, would be obvious. To place the power to make railway rates in the hands of a political commission would result in more disaster to the country and its commerce, many times over, than would the politicalization of the tariff. It would con¬ fer a power over the commerce of this country which no railway has ever possessed, and which a complete control of all the railways by one owner could not at¬ tain, for the railway, even if it were an absolute monopoly, would still be restrained by the law of self 5Z UNFAIR RAILWAY AGITATION. preservation, while the political commission, respon¬ sible to no one but the political power which created it, would be at liberty to exercise such sectional favor¬ itism as its own political exigencies might dictate. If the power to fix railway rates is ever vested iu a political commission, and the commerce of this coun¬ try thus plunged into the direct channels of political warfare, we shall see in the United States a section¬ alism beside which all the differences of our past his¬ tory- will seem to have been mere passing pleasantries, and the devastations of war itself will be prosperous productiveness in comparison. The commercial in¬ terests of this country which are from time to time assailed by the political nature of our protective policy have had enough experience with business in politics. It is to be hoped that the hand of the politician can be stayed long enough for the people to get their sober second thought, and that in this recurrence of our periodical attack of national hysteria on economic sub¬ jects, the ambitions of modem Caesars will not be per¬ mitted to convert this nation into a second Rome. Chicago, April 3,1905. Burton Hanson. 3 5556 042 147132