THE TRÜTK 173 ABOÜT THE RAILROADS RAILWAY RATES AND PRICES OF COMMODITIES WHY RATES HAD TO BE ADVANCED WHY RATES SHOULD NOT BE REDUCED NOW THE SO-CALLED "GUARANTEE" OF NET RETURN RAILROAD CAPITALIZATION AND VALUATION SOME RESULTS OF GOVERN¬ MENT OWNERSHIP TYPICAL EXAMPLES OFANTI-RAILROAD MISREPRESENTATIONS LíBRAíír OF COfíGííFSS CÁH¡3 1-081 V/ESTERN RAILWAYS COMMITTEE ON PUBLIC RELATIONS PREPARED UNDER THE SUPERVISION of the TRANSPORTATION BUILDING 4 CHICAGO MAY, 1923 THE TRUl H ABOUT THE RAÏEROADS RAILWAY RATES AND PRICES OF COMMODITIES WHY RATES HAD TO BE ADVANCED WHY RATES SHOULD NOT BE REDUCED NOW THE SO-CALLED "GUARANTEE" OF NET RETURN RAILROAD CAPITALIZATION AND VALUATION SOME RESULTS OF GOVERN¬ MENT OWNERSHIP TYPICAL EXAMPLES OF ANTI-RAILROAD MISREPRESENTATIONS Prepared Under the Supervision of the WESTERN RAILWAYS COMMITTEE ON PUBLIC RELATIONS Transportation Boii-dinq CHICAGO May, 1923 THE TRUTH ABOUT THE RAILROADS. "l^TEVER in the history of the United States have ' any subjects been more persistently and recklessly misrepresented than the provisions of the Transportation Act of 1920, their administra¬ tion by the Interstate Commerce Commission, the operating results secured and the rates charged by the railways in the three years since this law was enacted. The propaganda which has been carried on against the Transportation Act and private man¬ agement of the railways under it has been plainly intended to secure changes in railway legislation and regulation to prevent restoration of the normal earning capacity of the railroads. This would make it impossible for the railroads adequately to expand their facilities and remedy the great short¬ age of transportation which has resulted from re¬ strictive regulation, government operation during the war, and the business depression of recent years. Most of those who are carrying on this propaganda have been, or even are now, avowed advocates of government ownership and govern¬ ment management of the railways, or employes' management under the Plumb plan. Their obvious purpose is to make adequate development and suc¬ cessful management of the railways under private ownership impossible and government ownership unavoidable. It is desirable that many of the facts bearing upon the provisions of the Transportation Act and 3 other matters which are the subjects of anti-rail- road propaganda should be presented in under¬ standable and convenient form, and placed in the hands of railway officers and others who are inter¬ ested in order that they may be used to counteract the effects of this propaganda. That is the purpose of this booklet. It is not meant to be a comprehensive discussion of the entire railroad situation and railroad problem, bul merely to give information and arguments bearing upon the principal matters now in controversy. The main ground upon which the railways are now criticized is that their freight rates are too high, especially in proportion to the prices of com¬ modities, and particularly of farm products. For this reason the facts regarding the present rela¬ tionship of railway rates to prices are quite fully presented herein. It is also shown by incontro¬ vertible evidence that the principal reason why freight rates are and must be higher than before the war is that railway operating expenses are much higher, and that most of the increase in oper¬ ating expenses which made advances in rates necessary occurred under government operation. It has been repeatedly and widely charged that the Transportation Act "guarantees" a net return to the railroads. The valuation placed upon the railways by the Interstate Commerce Commission is attacked upon the ground that it is several billion dollars too large. These points are discussed herein, and facts and quotations from official sources given, answering the misrepresentations mentioned. There are also given a number of typical exam¬ ples of misrepresentations of the railways which 4 , are being constantly disseminated, together with answers which have been made to the particular misrepresentations that are quoted. It is hoped that those who receive copies of this booklet will read it carefully and make all the use of the information it contains that they have oppor¬ tunity to. Any reader who desires additional copies of the booklet or additional information regarding railway matters will be furnished it if he will send request to the address below. WESTERN RAILWAYS' COMMITTEE ON PUBLIC RELATIONS, 764 Transportation Building, Chicago, Illinois. 5 RAILWAY RATES AND PRICES OF COMMODITIES. The freight rates of the railways continue to be the object of many attacks based upon various grounds. Since the argument most persistently urged at present in favor of reductions of freight rates is that they are too high in proportion to the prices of commodities, the first subject to be discussed here is how high freight rates actually are now in pro¬ portion to prices. The figures to be used here are those for the so-called Class I railroads, they being the latest figures available and covering about 94 per cent of the total railroad mileage. The whole-- sale prices of the year 1913 and of February, 1923. will be used as a basis because the Bureau of Labor Statistics of the United States Department of Labor regularly publishes statistics comparing current wholesale prices of commodities with the prices of the same commodities in 1913, the year before the war. The average rate (or revenue) per ton per mile charged and received by the railways in 1913 was 7.19 mills. The average rate per ton per mile in January, 1923, according to the statistics of the Interstate Commerce Commission, was 1.078 cents. This is the latest figure available, and is 50 per cent higher than the average freight rate in 1913. How does this increase in the average rate per ton per mile charged by the railways compare with the increase in the wholesale prices of commodities during the same period. The accompanying table and diagram show the percentages of increases in the average freight rates and in the average whole¬ sale prices of the various groups of commodities ^s reported by the Bureau of Labor Statistics in 6 February, 1923, compared with the average freight rates and prices of 1913: Increases in Average Freight Rates and in Average Whole¬ sale Prices of Commodities, February, 1923, as Compared with 1913. IncreasQ (%) Average freight rate (January, 1923, latest figures available) SO Average viiholesale prices of farm products 42 Average wholesale prices of foods, etc 41 Average wholesale prices of cloths and clothing 99 Average wholesale prices of fuel and lighting 112 Average wholesale prices of metals and metal products 39 Average wholesale prices of building materials 92 Average wholesale prices of chemicals and drugs .... 32 Average wholesale prices of house furnishings 84 Average wholesale prices of miscell. commodities .... 26 Average wholesale prices of all commodities 57 ñrrCfnf ¡20 too 30 60 40 20 Fu4f and ins % Building MatfiriaU 9^ % Furn 3 use iMings AU Commod- /lies Freight Fa Prod 42 rm ueh Fo % 4L od % rtef .M a!» Drugs and Si % 3À % Ml sc. % (a) >Jar>uory 1323 The above table and diagram show that the in¬ crease in the average freight rate of the railways, compared with that of 1913, is more than the in¬ crease in the average wholesale price of farm prod¬ ucts, foods, metals, drugs and chemicals, and mis¬ cellaneous commodities. It shows, also, that the increase in the average freight rate is less, com¬ pared with that of 1913, than the increase in the average wholesale prices of cloths and clothing, fuel and lighting, building materials, house furnish¬ ings, and of all commodities during the same period. 7 Why the Public Thinks Rates High. Why is it that most people believe that at present railway rates are relatively much higher than prices in general when, on the contrary, the average rail¬ way rate is not as high today, in proportion, as the average wholesale prices of all commodities? The explanation undoubtedly is to be found in the way in which freight rates and prices were increased. There was no increase but actually a slight de¬ cline in railway rates from 1913 to 1917. On the other hand, during those years there was an in¬ crease in the average price of farm products of 89 per cent, metals and metal products 108 per cent, and in the average wholesale prices of all com¬ modities 76 per cent, all as shown in the accompany¬ ing diagram. People became accustomed during these years to paying low railway rates, while they were themselves charging and receiving greatly in¬ creased prices. Per Cent of Increases in Average Wholesale Prices and Decrease in Average Freight Rates. 1917 Compared With 1913. fítrCent 100 60 60 40 ¿0 Me 10, tats % Pro a. ^ucta % AH Commodifies / Freight ra fei decrease 6ot/%J In 1918, under government operation, and again in 1920, after the roads were returned to private operation, advances in freight rates were made. These advances in rates never were nearly so great as the increases in prices that occurred. The last advance in freight rates—that made in 1920—put the average freight rate only 78 per cent higher 8 than in 1913, although in that year, 1920, prices of farm products were 118 per cent higher than in 1913 ; building materials 208 per cent higher ; fuel and lighting 138 per cent higher; cloths and cloth¬ ing 202 per cent higher, and the wholesale prices of all commodities 143 per cent higher, all as shown in-the following diagram : ' Per Cent of Increases in Average Wholesale Prices and Average Freight Rates. 1920 Compared With 1913. ^rCtnf ZZO ZOO leo ¡60 ¡40 IZO ¡00 80 60 40 zo BuHdinß Mate riots 3% Clot ZO hing é% and Light /38% A Comn 14 n oditiss Form Products freight Rates 78% If there had not come the great decline of prices which began in 1920, railway rates, despite the ad¬ vance made in them in that year, would still have been so low as compared with prices that it is probable another advance in railway rates would have had to be made. The record shows that throughout the entire period of seven years from 1913 to September, 1920, the producers and shippers of the country enjoyed freight rates which never were more than 36 per. cent higher than in 1913, while receiving prices for 9 their commodities which steadily and rapidly in¬ creased until they averaged 142 per cent higher than in 1913. Then, just as the last and largest advance in railway rates was made in 1920, prices began suddenly and violently to decline. When the conditions suddenly were reversed and railway rates were for a very short time relatively higher than prices, there was a loud outcry upon the ground that railway rates were too high for shippers to bear them. As already shown, even this temporary disparity between railway rates and the average wholesale price of commodities has now been completely re¬ moved. Freight rates have been reduced until in January, 1923, they were only 50 per cent higher than in 1913. Meanwhile, since January, 1922, there has been a general increase of prices as the result of which, in February, 1923, they averaged 57 per cent higher than in 1913. There is now no justi¬ fication whatever for any complaint that freight rates are relatively higher than prices in general. The reverse is true at present. Freight Rates and Prices of Farm Products. Neverthless many complaints still continue to be made regarding railway rates, based upon the ground that they are too high in proportion to the prices of some commodities. These complaints come chiefly from the western farmers, and those who speak for them. It is declared the rates on farm products are so high in proportion to the prices being received for them that many farmers cannot afford to ship their products, or that they ship them at a loss. This raises, the question, "How high are railway rates as compared with the prices of farm prod¬ ucts?" As already shown, the average wholesale price of all farm products in February, 1923, was 42 per cent higher than in 1913, while the average freight rate in January, 1923, was 50 per cent higher. 10 But these figures do not present a true picture of the situation with respect to farm products. Most agricultural products are produced in and shipped from the western and southern states. Now, the increases in the freight rates of the railways in the western and southern territories have not been as large as the increases in the rates of the rail¬ ways in the eastern territory. The average freight rate of the western railways is now only 36 per cent higher than in 1913; and the average freight rate of the southern lines is only 41 per cent higher. The average freight rate in both these territories is, therefore, relatively lower than the average price of all farm products. The "Survey of Current Business" issued by the United States Department of Commerce ifi April, 1923, gave statistics (p. 5) showing how much higher in February, 1923, were the prices of thir¬ teen kinds of farm products than in 1913. The fol¬ lowing table shows the increases in average rail¬ way freight rates in January, 1923, and, also in the prices of various farm products in February, 1923, as compared with the year 1913 : ^ Freight rates—all Class I roads 50 Freight rates—western roads 36 Freight rates—-southern roads 41 Wheat, No. 1, northern, spring (Chicago) 36 Wheat, No. 2, red, winter (Chicago).. 38 Corn, contract grades. No. 2, cash (Chicago) 18 Oats, contract grades, cash (Chicago) 22 Barley, fair to good, malting (Chicago) 7 Rye, No. 2, cash (Chicago) 36 Tohacco, hurley, good leaf, dark red (Louisville).... 108 Cotton, middling upland (New York) 126 Wool, unwashed, fine (Ohio) 136 Cattle, steers, good to choice, corn fed (Chicago).. 10 Hogs, heavy (Chicago) Dec. 6 Sheep, ewes (Chicago) 43 Sheep, lambs (Chicago) 88 The foregoing figures show that there are very wide differences in the extent to which the prices of farm products have increased. Cereals show in¬ creases for barley, of only 7 per cent and for rye, 36 per cent. Spring lambs show an increase of 88 per cent, cotton 126 per cent, tobacco 108 per cent, and wool 136 per cent. 11 '06 i?7 '08 '03 )0 '// )Z 1313 300 230 g) £60 K ' Z40 M 0 1 8" f >80 O 8 P 160 p ? 140 5 )00 I"" /i'Af /Ä<5" 1916 1917 1918 1919 1920 /92I 7922 —Relative receipts per ton-mile obtained by converting actual receipts per ton-mile, as reported by the Interstate Commerce Commission, into index numbers baaed upon the average of the ten years, 1900-1909. Receipts per ton-mile, for the years 1900 to 1915, are reported by the Interstate Commerce Commission on a fiscal year basis (years ending June 30th), and for subsequent years on a calendar basis (years endi^ December Slst). In order to have the averages on a comparable basis throughout, the fiscal year returns were convertea to a calendar year basis by the method indicated in the following example: The calendar year figure for 1900 was obtained by taking an average of the two fiscal years 1900 and 1901. Monthly average receipts per ton-mile are not available prior to March, 1919. • .•p^elative prices of farm products have been obtained by converting the wholesale prices of farm products reported by the bureau of Labor Statistics, U. S. Depart-> ment of Labor, into index numbers based upon the average of the ten years, 1900-1909. In all that has been said in the foregoing discus¬ sion, comparisons between present freight rates and prices of commodities have been based upon the freight rates and prices of the year 1913. But, as a matter of fact, these comparisons are wholly unfair to the railways because for some years prior to 1913 railway rates had been declining, while prices had been increasing. When the average freight rate of the railways in the ten years 1900 to 1909, inclusive, and the average prices of commodities in that ten years, are taken as bases for comparison, it is found that the average freight rate of the railways at pres¬ ent is not only much lower than the average price of commodities, but is relatively lower than the average price of farm products. There is published herewith a chart entitled "Rela¬ tive Receipts Per Ton Mile Compared With Rela¬ tive Prices of Farm Products." It is based upon the average railway rate per ton per mile and the aver¬ age wholesale price of farm products in the ten years 1900 to 1909, inclusive. The statistics of the census show that in the ten years 1900 to 1909, in¬ clusive, the farming industry of the country was so prosperous that the total value of all farms and farm property actually doubled. Their total value in 1900, $20,000,000,000, increased by 1910 to $40,- 000,000,000. Since the agricultural industry was so highly prosperous in those ten years, it cannot, with any reason, be argued that railway rates were too high in proportion to the prices received by the farmers for their products in those years. Rates Below Farm Prices. A glance at the accompanying chart shows that from 1906 to the beginning of the year 1921, the prices of farm products were always relatively higher than the average rate of the railways. In 1918, when the first advance in freight rates was made, the average price of farm products, as this chart shows, was almost 190 per cent higher than 13 in the years 1900 to 1909, inclusive and at the be¬ ginning of the year 1920, in which year the last advance in freight rates was made, it was over 200 per cent higher. The increase in freight rates and the decline in prices in the latter part of 1920 made the average freight rate somewhat higher than the average price of farm products during 1921 and dur¬ ing part of the year 1922. But as the result of reduc¬ tions of rates and increases of farm prices the aver¬ age freight rate in the last half of the year 1922 was, and it is now, actually lower compared with the year 1906 than the average price of farm products. It certainly is an astounding thing that, in view of the fact that for almost fifteen years prices of farm products were relatively higher, and during most of this time very much higher, than railway rates, spokesmen for the farmers should have been demanding recently that railway rates be reduced because for a period of only a little over a year freight rates were relatively higher than the prices of farm products. If the farmers have a right to complain because for a year and a half the prices of their products were relatively lower than freight rates, then cer¬ tainly the railways have a much better right to complain because for fifteen years railway rates were kept relatively much lower than the prices of farm products. High Prices of Many Commodities. The argument is made that the freight rates on certain farm products, especially cereals, should be reduced because the rates on these commodities are relatively higher than the prices that can be ob¬ tained for them. This argument, logically, can mean only one thing. This is, that the freight rate that should be charged upon a particular commodity at any given time should be based on the market price of that commodity at that time. If this is sound, then the rate should be reduced on each 14 commodity when its price declines, and also in¬ creased when its price increases. The prices of commodities fluctuate all the time. If the rate on a commodity were reduced every time its price went down, and never increased when its price went up, obviously the result would soon be that the rate upon it would be wiped out altogether. Furthermore, the application of this principle to the price conditions which prevail at this very time would make it necessary not only to reduce the rates on many commodities, but also immediately to increase them on many other commodities. As has already been shown, the average freight rate per ton per mile is now 50 per cent higher than it was in 1913. Data given in the "Survey of Cur¬ rent Business" of the Department of Commerce for April, 1923, shows that the prices of the commodi¬ ties listed were the following percentages higher in February, 1923, than in the year 1913: Per cent higher Tobacco, hurley, good leaf, dark red (Louisville).... 108 Cotton, middling upland (New York) 126 Wool, unwashed, fine (Ohio) 136 Sheep, lambs (Chicago) 88 Sugar, granulated (New York) 58 Cotton yarns, carded, white, northern, mule spun, 22-1 cones, (Boston) 98 Cotton, print cloth, 27 inches, 64x60, 7.60 yards to pound (Boston) 132 Cotton, sheeting, brown, 4/4 Ware Shoals, L.L. (New York) ..106 Worsted yarns; 2/32's crossbred stock, white, in skein (Boston) 125 Women's dress goods, storm serge, all-wool, double warp, 50 inches (New York) 76 Suitings, wool, dyed blue, 55-56 inches, 16-ounce Mid¬ dlesex (Boston) 127 Silk, raw Japanese, Kansai No. 1 (New York) 141 Leather, chrome calf, dull or bright, "B" grades (Boston) 67 Boots and shoes, men's black calf, blucher (Massa¬ chusetts) 110 Coal, bituminous, Pittsburgh, mine-run-Kanawha (Cincinnati) 122 Coke, Connellsville (range of prompt and future) fur¬ nace—at ovens 192 Pig iron, foundry No. 2, northern (Pittsburgh) 83 Pig iron, basic, valley furnace 79 15 Per cent higher Lead, pig, desilverized, for early delivery (New York) 85 Lumber, pine, southern, yellow flooring, 1x4, "B" and better (Hattiesburg district) 121 Lumber, Douglas fir. No. 1, common, sis, 1x8x10 (State of Washington) 112 Brick, common red, domestic building (New York).205 Brick, common building, salmon, run of kiln (Chicago) 77 Cement, Portland, net without bags to trade, f. o. b. plant (Chicago district) 73 The price of each of these commodities, and of numerous others that might be cited, was higher in February, 1923, as compared with the average railway freight rate, than in 1913. In most cases the increase in the price of the commodity was very much greater relatively than the increase in the average railway rate. Obviously, if the freight rates should be reduced on those commodities the prices of which have not increased as much as the railway rate on them, then the railway rate should be increased on all those commodities the prices of which have increased more than the railway rate on them. But, as already stated, the prices of commodities fluctuate constantly. In May, 1920, the price of granulated sugar in New York was 498 per cent higher than in the year 1913. In February, 1923, it was only 58 per cent higher. In May, 1920, the price of No. 1 northern spring wheat in Chicago was 254 ijer cent higher than in 1913. In February, 1923, it was only 36 per cent higher. In March, 1918, the price of No. 2 rye in Chicago was 351 per cent higher than in 1913. In February, 1923, it was only 36 per cent higher. If it is logical to contend that the railway rate on No. 1 northern spring wheat should be reduced because the price of it in Chicago in February, 1923, was only 36 per cent higher than in 1913, then how much should the railway rate on it have been increased when this same kind of wheat, in May, 1920, sold in Chicago for 254 per cent more than in 1913? 16 "A Poor Rule That Works Only One Way." The grain farmers of the west and their spokes¬ men are especially insistent in arguing that the rates on cereals should be reduced because they are selling for only 10 to 40 per cent more than they were in 1913. But if the rates on some agricultural products should be reduced because the prices are low, then on the same reasoning, the rates on other such products should be increased if there are other agricultural products that are selling at high prices. Now, as already has been shown, there are other agricultural products that are selling at high prices. The price'of lambs in February, 1923, was 88 per cent higher than in 1913; of wool 136 per cent higher ; of cotton 126 per cent higher ; of tobacco 108 pèr cent higher. The prices of these farm products are relatively much higher than the railway rates upon them. Will the farmers who produce cotton, to¬ bacco, lambs and wool agree that their freight rates should be largely increased, while the rates of the farmers who produce principally grain should be reduced? There are organizations of farmers which include in their memberships both cotton growers and wheat growers. None of these organizations, however, has as yet advocated an advance in the rates on cotton which is now selling for 126 per cent more than in 1913, or on wool which is 136 per cent higher, as well as a reduction of the rates on barley, the price of which is only 7 per cent higher. The railways in 1917 tried to make a general ad¬ vance in freight rates. The average price of farm products at that time was 89 per cent higher than four years before. Nevertheless, the representatives of the farmers then opposed all advances in rates on farm products as strongly as they would have done if there had been no increase in their prices at all. Suppose freight rates were now advanced on all the commodities the prices of which are high, and 17 reduced on all the commodities the prices of which are low. Undoubtedly, the general tendency in future will be for prices to be equalized by rises in some and declines in others. It is easily conceivable that changes in general business conditions may cause the prices of things that are now cheap to ad¬ vance, and the prices of things that are now high to decline. If that should be the case, then upon this theory it would become necessary immediately to advance the freight rates on the commodities on which prices had been reduced, and to reduce the freight rates on the commodities on which prices had been advanced. Such a scheme of rate making obviously is im¬ practicable. Freight rates always have been and always should be made roughly in proportion to the value of commodities. The rate per ton on silk obviously should be much higher than the rate per ton on coal. Furthermore, when the general tend¬ ency of prices is to increase, as it was from 1910 to 1920, freight rates should be advanced in propor¬ tion. But to prevent freight rates from being ad¬ vanced as much in proportion as prices when prices increase, and then require them to be reduced as much in proportion as prices when prices decline would in time wipe freight rates out altogether. How Much Freight Do Farm Products Pay? The argument for immediate reductions in freight rates on farm products is based upon the theory that freight rates as a whole constitute a very large part of the total expenses of the farmers as a whole, and that, therefore, a reduction of say, 25 per cent in freight rates will do much to restore the prosperity of the farmers. This is a complete misapprehension. Freight rates do constitute a substantial part of the expènses of farmers who produce their crops at long distances from the great centers of population and who, therefore, have to ship them long distances. Freight rates must be relatively high for long 18 hauls, because the cost of rendering transporta¬ tion service long distances is high. But all farms are not located far from the large markets, and the fact is that the freight rates on all farm products do not constitute anywhere nearly as large a part of the farmers' total expenses as those who are agitating for reductions in freight rates on farm products seem to believe. The Department of Agriculture in a recent statement estimated the total farm value of all farm products in 1922 at $14,310,- 000,000. This was about $2,000,000,000 more than the total in 1921. According to the closest estimate that can be made, the total freight charges paid on all farm products in 1922 was less than $600,- 000,000. Therefore, the mere increase in the value of farm products in 1922 was more than three times as great as the total freight charges paid on them, and the total freight charges in 1922 amounted to only about 4 per cent of the total value of these products. The American Farm Bureau Federation has esti¬ mated that for machinery, clothing, house furnish¬ ings and other commodities the farmers spend about $7,000,000,000 a year. A 2 per cent reduction in the prices of these things, the average price of which is now relatively higher than freight rates, would re¬ duce the farmers' expenses as much as a 25 per cent reduction in freight rates on their products. Ac¬ cording to the Farm Bureau Federation, the farm¬ ers pay for interest, annually, about $1,000,000,000. Assuming that the average rate paid by them is 7 per cent, a reduction of their average interest rate to 6 per cent would save them annually $143,000,000 or about the same as a 25 per cent reduction in their freight rates. According to the same authority, they pay in taxes annually, approximately $663,- 000,000. A reduction of 22 per cent in their taxes would save them more than a 25 per cent reduction in freight rates on their products. 19 Increase in Farm Products Transported. The American Farm Bureau Federation estimates that the total expenditures of the farmers annually amount to $9,784,000,000. Therefore, the freight rates they pay on their own products amount to less than 6 per cent of their total annual expenditures, and a reduction of 25 per cent in freight rates would reduce their total expenditures only about li per cent. It has been declared that the freight rates in effect since 1920 have been so high that the farmers could not afford to ship their grain and other products to market—that the rates operated as an "embargo" upon the shipment of farm products. What are the facts? The total number of carloads of grain, grain products and livestock shipped in the year 1919, before the last advance in rates was made, was 3,745,558; in' 1920 it was 3,396,442; in 1921, 3,789,- 707; and in 1922, 4,105,281. The total number of carloads of fruits and vege¬ tables shipped in the year 1920 was 640,068. In 1921, it was 731,875, and in 1922, it was 798,997. This was an increase in the total shipments in two years of 25 per cent. There are 22 different kinds of fruits and vege¬ tables, the statistics regarding the shipments of which, within the last three years, are available. Of these the shipments of 17 increased in both 1921 and 1922. In the two years immediately following the last advance in rates more farm products were shipped by the farmers and actually carried by the railroads than in any previous years in the history of the United States. These cold and indisputable facts completely refute the assertion that the freight rates were so high that the farmers could not ship their products to market. 20 WHY RATES HAD TO BE ADVANCED. Many persons ask why it was necessary to ad¬ vance rates to points so high as those reached in 1920. Many ask why they have not been reduced more than they have been since then. One charge often made is that the passage of the Transporta¬ tion Act caused them to be advanced, and upon this ground the repeal of the Act is advocated. It is desirable that the facts showing why railway rates had to be advanced in 1920, and why there is at present no justification for reducing them more than they have been, shall be presented to the pub¬ lic in a simple, understandable and convincing way. First, how much have rates been advanced? There has been much exaggeration about this. All the important advances in rates were made after the year 1917. Substantial reductions in freight rates were made in 1922, most of them on July 1 of that year. The following figures giving statistics of the Interstate Commerce Commission for the average receipts per ton per mile and per passenger per mile for certain periods show the effects of the various increases and reductions made since 1917 : Average Receipts Per Cent Average Receipts Per Cent Per Ton Increase Per Passenger Increase Year Per MUe Over 1917 Per Mile Over 1917 (Cents) (Cents) 1917 715 2.090 1919 973 36.1 2.540 22.0 1921 1.263 76.6 3.088 47.7 Last 4 mos. 1922 1.125 57.3 3.086 47.7 The year 1917 was the last year under private op¬ eration which preceded government control. The year 1919 was the last year of government opera¬ tion, and the only year of government operation throughout all of which the advances in rates made by the Railroad Administration in 1918 were in effect. The year 1921 was the only one throughout which the advances in rates made in 1920 were in effect. 21 Large Advance in Rates Made Under Government Operation. It will be seen that the advances in rates made under government control averaged 36 per cent for freight rates and 22 per cent for passenger rates. In 1921, the only complete year that the advances in rates made in 1920 v^^ere in effect, the average freight rate per ton per mile was 76.6 per cent higher and the average passenger rate about 48 per cent higher than in 1917. In the last four months of 1922 the average freight rate was 57.3 per cent higher, and the average passenger rate about 48 per cent higher than in 1917. The foregoing figures show that a very large part of the entire advance in freight and passenger rates made after the year 1917 was made by the Railroad Administration while the railroads were being op¬ erated by the government. The railways were returned to private operation under the provisions of the Transportation Act on March 1, 1920. Why was it necessary after that to make advances in rates in addition to those which had been made by the Railroad Administration under government control? The answer usually made is that this was due to a large increase in operating expenses. The total operating expenses of the railways in 1917 under private operation were $2,858,212,210. In 1919 under government operation they were $4,419,441,- 949. This represented an increase in operating ex¬ penses in two years of government operation of $1,561,229,739. In 1920, in the last ten months of which the railways were privately operated, there was -a further increase in operating expenses of $1,406,755,525. This made the total operating ex¬ penses for the year $5,826,197,474, or more than double what they were in 1917. Railroad managers have been subjected to much criticism because the last large advance in rates was made in 1920 after the railways were returned to 22 private operation. It is very easy to demonstrate, however, that nothing either done or left undone by the managements of the railways under private operation created the necessity for the advance in rates in 1920. To make this demonstration not only conclusive, but simple and clear, let us consider the operating expenses per day of the railways of the United States in three months, the figures for which are of vital significance. One of these months is Decem¬ ber, 1917. This was the last month of private op¬ eration during the war. Another of these months is February, 1920. This was the last month of gov¬ ernment operation. The third month referred to is September, 1920. This was the first month when the advance in rates made in 1920 was in effect. The total operating expenses per day in these months were as follows; Operating Expenses Increase Per Day Compared Per Day with December, 1917 December, 1917.... $ 8,106,521 February, 1920 14,310,450 $6,203,929 September, 1920.... 17,049,432 8,942,911 These figures show that the total increase per day in operating expenses between December, 1917, and September, 1920, when the last large advance in rates was first put in effect, was $8,942,911. They also show that of this total increase, $6,203,929, or 69.4 per cent, had taken place before the railways were returned to private operation on March 1,1920. What caused the rest of the increase in operat¬ ing expenses, amounting to $2,738,982 a day, which had occurred when the advance in rates went into effect in 1920? It was due almost entirely to two things, first, to the large increase in wages granted to railway employees by the Railroad Labor Board, effective May 1, 1920, after the roads had been re¬ turned to their owners, and, secondly, to an increase in the price of coal, which was $3.58 a ton when the railways were returned to private operation, and 23 $4.55 per ton when the advance in rates went into eflfect. Per D»t The increase in operating expenses under gov¬ ernment control was $6,203,929 The increase in wages granted by the Railroad Labor Board was running in September, 1920, at the rate of 2,100,000 The increase in the amount the railways paid for coal because of the increase in price between February, 1920, and September, 1920, was.... 414,000 Total .....$8,717,929 The remainder of the increase in expenses was due to advances in the prices of materials and sup¬ plies and to an increase in the amount of business handled. There was another thing which helped to make necessary the advance in rates in 1920. This was a great increase in railway taxes. Taxes in the year 1917 averaged $500,763 per day In 1920 taxes averaged 768,799 per day An increase of 268,036 per day Thus the total operating expenses and taxes per day of the railways were $8,607,284 in 1917, before government control, and $17,818,231 per day when the last advance in rates went into effect in 1920. The increase per day in total operating expenses and taxes was, therefore, $9,210,947, or 107 per cent. Of this total increase in operating expenses and taxes 93 per cent was due, first, to increases in op¬ erating expenses under government control; sec¬ ondly, to the advances in wages granted by the Railroad Labor Board, effective May 1, 1920, and thirdly, to increases in taxes made by the tax au¬ thorities. In other words, all but 7 per cent of it was due to the action of government authorities, and the remainder was due to increases in the prices of coal, and materials and supplies. Most of the materials and supplies the railways used during the first year after they were returned to private opera¬ tion were bought during government control at 24 prices that were accepted by the Railroad Adminis¬ tration. Thus, almost the entire necessity for ad¬ vances in rates was created directly by the action of government authorities. Now, although the operating expenses and taxes of the railways, chiefly owing to the action of gov¬ ernment bodies, had been increased 107 per cent, their freight rates had been increased under govern¬ ment control only 36 per cent and their passenger rates only 22 per cent. It was this wide difference between operating expenses and taxes, on the one side, and rates on the other, that rendered it abso¬ lutely necessary to make large advances in rates in 1920 after the railways were returned to private operation. Why Expenses Increased Under Government Control. The charge has been made that the reason for the large increase in operating expenses under govern¬ ment control was that railway officers deliberately increased operating expenses to discredit govern¬ ment control. What are the facts? The reasons for the large increase in operating expenses under government control were as follows: First, advances in wages and increases in num¬ ber of employees. The first advance in wages under government control was made by a commission ap¬ pointed by Director-General McAdoo that did not have a railway officer on it. All other wages were fixed under government control by a board created by Director-General McAdoo, one-half of whose members were railway officers and one-half repre¬ sentatives of the labor unions. This board had its office and held all hearings in Washington, and the Director-General himself approved all the advances in wages made by it. No railway officer, outside of the Director-General's office in Washington, had anything to say about them. The large increase in the number of railway employees, according to 25 Statements made by both Director-General McAdoo and Director-General Hines, was due almost en¬ tirely to the establishing of the eight-hour working day. Railway officers outside the Director-General's office in Washington, had nothing to do with this. Second, another large part of the increase in operating expenses was due to the advance in the prices of coal. The prices paid for coal were fixed by the Fuel Administration, a government body. Railway officers outside of Washington, and even the Director-General himself, had no part in the fixing of these prices. Third, the rest of the increase in expenses was due to increases in the prices of materials and sup¬ plies. The purchase of these things was under the supervision of a board of purchasing officers with offices in Washington, who reported directly to the Director-General. When Operating Costs Increased. The only way that railway officers outside of Washington could have increased expenses sub¬ stantially would have been by deliberately using equipment and other facilities inefficiently. The fact that in 1918 there was two per cent more freight business and a substantially larger pas¬ senger business handled than in 1917 shows that railway officers did not use the physical facilities under their direct control inefficiently. As has already been shown, operating expenses and taxes had, in September, 1920, been increased 107 per cent more per day than they were when government operation was adopted, although the increase in freight rates made under government control was only 36 per cent and in passenger rates only 22 per cent. Statistics for the full year 1921 show that in that year the average freight rate was 76.6 per cent higher than in 1917 and the average passenger rate about 48 per cent higher. Thus, the total increase in rates made was relatively much 26 smaller than the total increase in operating ex¬ penses and taxes that had occurred. In 1920, when the last advance in rates was made, the average wholesale price of all commodi¬ ties was 142 per cent higher than in 1913. These statistics demonstrate that the increases in rates made up to the end of 1920 were relatively much less than the increases in operating expenses and taxes that had occurred, or than the increases in the wholesale price of all commodities. Senator Cummins's Explanation of Advances in Rates. It has been charged repeatedly that it was the passage of the Transportation Act which caused the advance in rates in 1920. One of the best answers to this charge is afforded by the following state¬ ments made by United States Senator A, B. Cum¬ mins, one of the authors of the Transportation Act, in an address at Des Moines, Iowa, on October 30, - 1922: "The Government operated these roads for 26 months. Its net loss for the entire period, assuming that settlements yet to be made are made upon the same basis as those already made, was at the rate of about $45,000,000 per month. The law provided and the agreements stipulated to return the roads to their owners at the end of federal control in as good condi¬ tion as they were when taken over on first of January, 1918. "It will be remembered that the railroads were being returned to their owners with an average monthly deficit of substantially $45,- 000,000 per month. And also, that for six months before the return applications had been pending before the Director-General for a fur¬ ther increase of wages amounting in the agré¬ gate to $8OO,OOO,OO0 per year. It was well known that all or a large part of this increase would be granted, and in fact when the appli¬ cations came to be heard by the United States Railroad Labor Board increases in wages were 27 granted on the 20th day of July, 1920, amount¬ ing in round numbers to $650,000,000 per year. "I ask you to bear in mind that if rates had not been increased the railroads as a whole would have incurred after the first of Septem¬ ber, 1920, for a time at least, a monthly deficit of $100,000,000 per month and this upon the assumption that nothing had been expended for extraordinary rehabilitation. If additional rev¬ enues had not been provided every railroad in the United States would have been in the hands of a receiver before the first of January, 1921, and our system of transportation would have been practically destroyed. "The subject would not be complete if I were not to express my opinion with respect to the cause or causes of these rates. They are due wholly to the increased cost of maintaining and operating the railroads. "Upon the same volume of business the cost of maintaining and operating a railroad was a great deal more than twice the cost of main¬ tenance and operation in 1917, and the situa¬ tion was not essentially changed in 1921. To this fact, and to this fact alone, must be at¬ tributed the high freight rates of which ship¬ pers complain so bitterly." Expenses and Rates Cut Under Private Operation. The foregoing facts demonstrate conclusively that the passage of the Transportation Act was not in the slightest degree responsible for any of the increases in operating expenses which made neces¬ sary the advance in rates in 1920, unless it was for the advance in wages granted by the Railroad La¬ bor Board effective May 1, 1920; and this advance in wages caused less than one-fourth of the total in¬ crease in operating expenses that made necessary the advance in rates. Furthermore, the facts show that private operation of the railways, after they were returned to private management under the Transportation Act, was not responsible at all for the increase in operating expenses which made nec¬ essary the advance in rates. 28 Let us now see what has occurred since the Transportation Act was passed and the railways were returned to private operation in 1920. With regard to operating expenses—they were $14,310,- 450 a day in February, 1920, the last month of gov¬ ernment operation, and only $13,422,329 a day in February, 1923, the last month for which figures are available. Thus, in less than three years of private operation of railways, expenses were actually re¬ duced $888,121 a day below what they were at the termination of government operation, although the railways handled more freight business, paid higher average wages to their employees and higher prices for fuel in February, 1923, than in February, 1920. Computed on an annual basis, the reduction of oper¬ ating expenses that has thus far been made since the railways were returned to private operation would amount to over $324,000,000 a year. THE PUBLIC ALREADY IS RECEIVING THE BENEFIT OF THIS REDUCTION OF OPERATING EXPENSES. IN THE YEAR 1922 FREIGHT RATES WERE REDUCED AN AVERAGE OF 13 PER CENT. ON THE BASIS OF THE FREIGHT BUSINESS NOW BEING HANDLED THIS MEANS A TOTAL SAVING TO THE SHIPPING PUBLIC OF OVER $700,000,000 A YEAR. (See note.) Note—The average revenue per ton per mile in 1921 was 1.275 cents The reductions in freight rates made in 1922 brought about a reduction, in the five months ended in .January, 1923, the latest figures available, of the average revenue per ton mile to 1.113 cents A decrease per ton mile of 162 cents Or 12.7 per cent. In the year 1920 the railroads hauled 410,306,000,000 tons of freight one mile, a greater volume than ever before or since. Dur¬ ing the first four months of 1923 the increase in freight cars loaded for shipment over the same period of 1920, was more than i 1 per cent. If such increase of 11 per cent during the first four months of 1923 obtains through the last eight months of this year the revenue tons hauled one mile during 1923 would probably be at least 450,000,000,000. If now we apply the above decrease in average rate per ton mile of .162 cents to such prospective business of 450,000,000,000 ton miles this year it means a loss to the railroads and a gain to the shippers of $729,000,000 due to the reductions in rates of 1922. 29 Cost of Transportation Reduced $729,000 a Day. When the railways were returned to private op¬ eration the public was not only paying freight and passenger rates for its transportation, but in addi¬ tion was paying taxes to defray a large deficit that was incurred by the Railroad Administration. In February, 1920, the last month of government oper¬ ation, the public paid in rates $14,650,000 a day for transportation, and, in addition $2,074,000 a day in taxes to defray the deficit incurred—a total of $16,724,000 a day. In February, 1923,. there was no deficit for the public to pay, and the total amount it paid in rates for transportation was $15,951,407 a day. This was a total reduction in what the public paid for transportation since the termination of gov¬ ernment control of $773,000 a day, in spite of the fact that in February, 1923, the railways handled a larger business, paid a higher average wage to their employees,anda higher average price perton for coal. To this saving should be added the fact that in February, 1923, the railways paid back to the public in taxes $155,000 a day more than in February, 1920. This makes the net cost to the public of its railroad transportation in February, 1923, $928,000 a day less than it was in February, 1920, the last month of government operation, or at the annual rate of $339,000,000 less a year. In other words, although rates are somewhat higher now than at the termination of government control, not only is the public paying relatively less for its railroad transportation than at any time since the Transportation Act was passed, but it is also paying at the rate of a third of a billion dollars a year less for it than it was before the railways were returned to private operation, although more trans¬ portation service is being rendered. Certainly, these cold and incontrovertible facts afford a con¬ clusive answer to the propaganda that is being so widely carried on against the Transportation Act and private operation of the railways under it. 30 WHY RATES SHOULD NOT BE CUT NOW. Various arguments are still advanced in favor of reductions of railway rates. First, it is declared by some persons that railway rates are too high in proportion to the prices of commodities. As has been shown in the foregoing pages, however, the average freight rate, according to the latest official statistics, is about SO per cent higher than in 1913, while the average wholesale price of all commodities is 57 per cent higher. Therefore, present prices do not afford any valid argument for any reductions in rates, unless the reductions made upon some commodities are to be fully offset by increases made in the rates upon other commodities. Statistician of Interstate Commerce Commission Says "Rates Not Retarding Business." Second, it has been declared that the rates inter¬ fere with the shipment of many commodities. The figures of the American Railway Association and of the Interstate Commerce Commission show, how¬ ever, that from the middle of October, 1922, to the end of April, 1923, the total number of carloads of commodities of all kinds shipped was much greater than ever before in the same months. The Interstate Commerce Commission said in its annual report on December 1, 1922, (page 19), "Manifestly the existing rates are no longer interfering with the free flow of commerce as a whole, whatever may have been the situation prior to the reductions of July, 1922." As a matter of fact the carloads of all commodi¬ ties shipped during the six months to April 30, 1923, was about 23,166,000. This was an increase of 2,736,- 000 cars, or 13 per cent over the six months to April 30, 1920, which was the highest previous record. Third, there are those who concede that as a mat- 31 ter of principle the railways ought to be allowed to earn a "fair return" on their valuation, but who con¬ tend that reductions made in wages and other oper¬ ating expenses have resulted in an increase in the net return being earned by the railroads which would justify a reduction of rates. What are the facts? In 1921 the railways earned a net return (net op¬ erating income) after paying their operating ex¬ penses and taxes, of only $615,945,614. This was not enough to pay their total fixed charges. It was only 3.33 per cent on the tentative valuation made by the Interstate Commerce Commission and only 2.95 per cent on their property investment. In 1922, they earned a net return (net operating income) of only $777,000,000. This was only 4 per cent on their tentative valuation and about 3.54 per cent on their property investment. Doctor M. O. Lorenz, Director of the Bureau of Statistics of the Interstate Commerce Commission, February 23, 1923, gave to the press a statement reviewing the operating results of the railways in 1922. In this statement he said : "In 1922, the net railway operating income, in spite of a reduction of 10 per cent in freight rates, effective July 1, 1922, was increased to $777,000,000. The revival of business more than overcame the handicaps of the strikes of the miners and shopmen in 1922. When it is considered that the interest, rents, and similar deductions, commonly known as fixed charges, of these roads are around $669,000,000, it will be seen that, regardless of any disputes about val¬ uations, the roads did not earn enough in 1922, even if account be taken of the non-operating income, which before federal control averaged about $200,000,000 for the Class I operating steam roads. "A substantial margin above fixed charges obviously is necessary in any business. On the whole, the present railroad situation, from the standpoint of railroad finance, clearly does not, on the one hand, warrant pessimism, nor, on the other hand, at present, any radical reduc¬ tion in total charges to the public. From the 32 standpoint of the public, which is interested in adequacy of the service and in the fairness of the charges, two facts stand out prominently : (1) An enormous traffic has recently been handled in spite of the strike handicaps, and (2) the average revenue per ton per mile is pretty well in line with the general level of wholesale prices and there is no reason to be¬ lieve that the general level of rates is retarding the business revival, whatever may be the ad¬ justments which investigation may show to be desirable in the relationships between com¬ modities or communities." Recent Results of Railway Operation. Some reductions of wages as well as of rates were made effective on July 1, 1922. The coal strike lasted until September, 1922, and it was not until that month, when coal began to move in large vol¬ ume and traffic became relatively normal, that it be¬ gan to be possible to measure the effects upon earn¬ ings and operating expenses of both the reductions in rates and the reductions in wages. Therefore, the statistics for the last four months of 1922 afford the best indication of how well financially the rail¬ ways have been doing on the basis of the new rates and the new wages. In the following table the re¬ sults in the last four months of 1922 are compared with the results in the last four months of 1917, the last year before the government assumed the opera- Per Cent Inc. or Dec. I. or D. over 1917 over 1917 5,725.129,000 4 0 $651,126,436 45.4 $634,469,755 62.4 $ 35,270,034 51.5 11.2 d $ 10,272,700 d3 0 D 30.4 Per Cent Increase Increase $ 94,632,532 61.8 58,063,476 60 0 tion of the railways : Last 4 Months of 1917 Net Ton Miles 142,057,871.000 Total Earnings $1,435,715,490 Operating Expenses., $1,017,415,224 Taxes $ 68,464,025 Ratio of Operating Expenses and Taxes to Total Earnings.. 75.6% Net Operating Income $ 339,009,101 Percentage of Return on Property Invest¬ ment *5.13 ( •) Entire year of 1917. December, 1917 Total Wages $ 153,039,983 Other Operating Expenses 98,262,163 Last 4 Months of 1922 147.783.000,000 $2,086,841,926 $1,651,884,979 $ 103,734,159 84.1% $ 301,736,410 3.57 December, 1922 $ 247,672,515 157,225,639 33 The foregoing table shows that in the last four ^ months of 1922 the railways handled more freight business than in the same months in 1917, and that their earnings were 45 per cent greater. It also shows, however, that their operating expenses were * 62 per cent higher and their taxes 51.5 per cent higher than in the same months of 1917. In the last four months of 1917 it took only 75.6 cents out of each dollar they earned to pay their operating ex¬ penses and taxes, while in the last four months of 1922 it took 84.1 cents out of each dollar they earned to pay their operating expenses and taxes. The re¬ sult was, that while within the last five years there has been a substantial increase in the investment in the railroads, the net operating income earned by them showed a decline. In the entire year 1917, the net return earned by them oil their property invest¬ ment was 5.13 per cent, while in the last four months of 1922 it was at the annual rate of only 3.57 per cent. The wages paid to employees were not published monthly in 1917. It happens, however, that the amount of wages paid in December, 1917, is known. The comparison given in the table between the wages paid in December, 1917, and in December, 1922, shows the principal reason why operating ex¬ penses continue to be so much higher than they were five years ago. Wages in December, 1922, were almost $95,000,000 more, or nearly 62 per cent greater than in the same month of 1917, while all other operating expenses were about $59,000,000 more, or 60 per cent greater. Wages Still Up 62 Per Cent Since 1917. The facts, then, at the end of year 1922 were as follows : First, railway employees were receiving 62 per cent more wages than at the end of 1917, and other operating expenses of the railways were 60 per cent higher than they were then. 34 Secondly, the government was collecting 51.5 per cent more taxes from the railways than in 1917. Third, the railways were rendering the public an increased freight service, and were receiving 45 per cent more earnings, but because of the large in¬ crease in their operating expenses and taxes they were paying 84 cents out of every dollar they earned in expenses and taxes, as compared with 75.6 cents in 1917, while the percentage of return being earned by them on their property investment was only 3.57 per cent. There has since been an increase in the percent¬ age of return being earned, this having been in January, 1923, at an annual rate of 5.54 per cent. This, however, was the first month since the Trans¬ portation Act went into effect that the return earned has been at a rate exceeding 5j4 per cent on the valuation as already shown. In 1921 the net return earned was only 3.28 per cent and in 1922, only 4 per cent on the valuation. The Interstate Commerce Commission has held that the railways are entitled to earn an annual return of per cent on their valuation. They have not come anywhere near doing this yet, and any substantial reduction of rates would indefinitely postpone the time that they would be able to do so. Reduction of Rates Would Increase Shortage of Transportation. It is as desirable from the standpoint of the pub¬ lic as from the standpoint of the owners and man¬ agers of the railways, that the net return earned by them should increase. Shippers and travelers are not affected merely by passenger and freight rates. They are also affected by the ability of the railways to render them as much and as good service as they need. The railways at present are unable to render shippers the transportation service they need. In every period of active business since 1916 there has been what has been called a "car shortage," but what 35 really has been a shortage of all facilities of railroad transportation. Every day from the latter part of September, 1922, when coal mining was resumed after the strike, until the present time, there has been a "car shortage," and this car shortage has been the largest ever known. All signs are that there will be a shortage of transportation through¬ out the entire year 1923, and that it will reach its maximum next fall. Why Railways Cannot Handle More Business. The reasons for this shortage of transportation are well known to railway officers and ought to be well known to the public. As a result of restrictive railway regulation, and operation by the govern¬ ment for two years, there has been a great decline in the development of the railways within recent years. The increase in the tractive, or pulling, power of all locomotives in the eight years ended June 30, 1914, was over 62 per cent, while the in¬ crease in the tractive power of all locomotives in the seven and one-half years ending with December 31, 1921, was only 21 per cent. The increase in the carrying capacity of all freight cars in the eight years ending with June 30, 1914, was 55 per cent, while the increase in the carrying capacity of all freight cars in the seven and one-half years ending with December 31, 1921, was only 10 per cent. Stated in numbers of locomotives and cars, the figures are even more striking. The increase in the number of locomotives in the country in the first period mentioned, that ending in 1914, was 15,340, and the increase in the number of freight cars was 511,820. In the second period mentioned, that end¬ ing in 1921, the increase in the number of locomo¬ tives in the country was only 1,706, and the increase in the number of freight cars, only 28,948. In the earlier period the increase in the railroad mileage of the country was 27,742 miles, while between 1914 and the end of 1921 there was an actual decline of 36 61 miles in the amount of railroad mileage in the country. What the country needs, far more than a reduc¬ tion of rates, is an increase in the expansion of the railroads so that they will become able to handle more business. But additional tracks, larger termi¬ nals and more locomotives and cars can be paid for, directly or indirectly, only out of net return (net operating income). In other words, they must be either directly paid for with earnings that are left after paying operating expenses and taxes, or they must be paid for with money derived from the sale of stocks, bonds and other securities ; and more securi¬ ties cannot be sold unless increased net operating income can be earned with which to pay interest and dividends upon them. Therefore, any reduction of rates which would prevent the railways from increasing the net return earned by them would do the shippers and other people of the country much more harm than good, because what the public would gain through reduc¬ tions of rates would be only a fractional part of what it would lose because of resulting inability to get enough transportation to ship its products. Ten Years Ago — And Now. In January, 1923, the average freight rate was 50 per cent and the average passenger rate 55 per cent higher than in 1913. The average wholesale price of all commodities was 56 per cent higher. The average cost of living in 32 cities was 69 per cent higher. Railroad operating expenses in 1922 were 111 per cent, and taxes 157 per cent higher than in 1913. The average monthly wage of each railroad em¬ ployee in January and February, 1923, was 119 per cent more than in 1913. How, in view of such facts, can a valid argument be made now for lower railroad rates? 37 THE ALLEGED "GUARANTEE" OF THE NET RETURN OF THE RAILROADS. Ever since the Transportation Act was passed by Congress early in 1920 the assertion has been made repeatedly and persistently by certain classes of politicians and labor leaders that under the provi¬ sions of this law the government "guarantees" to the railroads a fixed net return. The net return al¬ leged to be "guaranteed" is stated as from Syí to 6 per cent. As a result of this statement in numerous public addresses and newspapers many persons have been led to believe the government is bound by the pro¬ visions of the Transportation Act either, first, to fix rates so that the railways will at all times earn the net return said to be "guaranteed," or, second, if the rates are not made high enough for this, to pay to the railways from the public treasury any differ¬ ence between the amounts said to be "guaranteed" and the net return actually earned. The effect of this propaganda regarding the so- called "guarantees," upon public opinion in many parts of the country, was stated as follows by the Honorable Sydney Anderson, representative in Congress from Minnesota, chairman of the House Committee on Agriculture, in an address at Chi¬ cago, December 8, 1922 ; How the Public Has Been Misled. "I have just been through a political cam¬ paign in which the Transportation Act was the chief issue. I found that the people and agencies that opposed the policies in the Trans¬ portation Act had been busy ever since its passage, creating unfavorable public opinion in regard to it. "I suppose that it was generally understood that when the government turned the railroads back to their owners in March, 1920, it turned 38 them back with an operating deficit which previously had been paid from the Federal treasury, and that when they were so turned back, payment of this deficit was of necessity transferred from the public treasury to those who 'pay the freight'. But I heard every pos¬ sible reason assigned for the increases in rates, except this one. "I had a right to expect that there would be some public understanding of the fact that' the government had in no way agreed to make up the difference between what the railroads earned individually or in the aggregate, and the return prescribed in the law or by the Inter¬ state Commerce Commission. But I found there were thousands of persons in the country who believed the contrary, and that the gov¬ ernment was paying the railroads millions of dollars, upon the supposed obligation created by this provision." The provisions of the Transportation Act do not guarantee to the railways as a whole or to any in¬ dividual railway a net return of 6 per cent or any other amount. That this is true is clearly shown by the wording of the Act. It is further shown by positive state¬ ments which have been made by the authors of the Transportation Act, by other public men, by lead¬ ing economists, and by the Interstate Commerce Commission itself, which has the duty of carrying out the provisions of this law. The So-called "Guarantee" Provisions. The part of the Transportation Act in which it has been charged that a "guarantee" of net return is given to the railways is the part which is known as "Section 15-A." Every person who undertakes to participate in current discussions of railway regulation should carefully study the wording of Section 15-A; unquestionably it will be the subject of much controversy during the next year inside 39 and outside the halls of Congress. The following quotation gives the exact language of this Section: "In the exercise of its power to prescribe just and reasonable rates the Commission shall initiate, modify, establish or adjust such rates so that carriers as a whole (or as a whole in each of such rate groups or territories as the Commission may from time to time designate) ♦will, under honest, efficient and economical management and reasonable expenditures for maintenance of way, structures and equipment, earn an aggregate annual net railway operating income equal, as nearly as may be, to a fair return upon the aggregate value of the railroad property of such carriers held for and used in the service of transportation ; Provided, That the Commission shall have reasonable latitude to modify or adjust any particular rate which it may find to be unjust or unreasonable, and to prescribe different rates for different sections of the country. "The Commission shall from time to time determine and make public what percentage of such aggregate property value constitutes a fair return thereon, and such percentage shall be uniform for all rate groups or territories which may be designated by the Commission. In making such determination it shall give due consideration, among other things, to the trans¬ portation needs of the country and the neces¬ sity (under honest, efficient and economical management of existing transportation facil¬ ities) of enlarging such facilities in order to provide the people of the United States with adequate transportation ; Provided, That dur¬ ing the two years beginning March 1, 1920, the Commission shall take as such fair return a sum equal to Syi per centum of such aggregate value, but may, in its discretion, add thereto a sum not exceeding one-half of one per centum of such aggregate value to make provision in whole or in part for improvements, betterments or equipment, which, according to the account¬ ing system prescribed by the Commission, are chargeable to capital account." Now, just what do these provisions mean? 40 Those who wrote the law should be best able to answer this question. The Transportation Act is also called the "Esch-Cummins" Act because its principal authors were Senator A. B. Cummins of Iowa, chairman of the Senate Committee on Inter¬ state Commerce, and the Honorable John J. Esch, formerly chairman of the House Committee on In¬ terstate and Foreign Commerce, now a member of the Interstate Commerce Commission. Senator Cummins Declares "There is No Guarantee." On October 30, 1922, Senator Cummins, in an address at Des Moines, Iowa, made the following statement regarding these provisions. "It will be noted that during the first two years of the operation of the Act, namely, until March 1st, 1922, the Interstate Commerce Com¬ mission is directed to take as a fair return Syi per centum upon the aggregate value of the railroad property, and that, in its discretion, it was authorized to add one-half of one per centum to make provision in whole or in part for improvements, betterments, and equipment, which, according to the accounting system pre¬ scribed by the Commission, are chargeable to capital account. This means, of course, that not more than per centum could be raised for distribution either as interest upon bonds or dividends upon stock. "It is to be observed, first, that this proviso of the section expired on the first of March, 1922, and is not in any manner responsible for the rates which now prevail. I do not, how¬ ever, say this in apology for it. It is absolutely sound economically. It is in no sense a guar¬ antee. It is simply a declaration by Congress that in its judgment a return of 5}4 per cent would meet the Constitutional requirement that private property shall not be taken for public use without just compensation. "I repeat that it is not a guarantee as at once must be admitted when it is remembered that during the year 1920 the net operating income of all the roads was less than one-third of one 41 per cent, and during the year 1921 and the first two months of 1922 the net operating income of all the roads was substantially 3 3/10 per cent, and ho one contends or has ever sug¬ gested that the government is under any obli¬ gation to make up the difference between the actual net earnings of the railroads and the Syi per cent. "With this statement for the period ending March 1, 1922, let us examine that part of the law which is permanent in its duration. The statute as now in force provides : Tn the ex¬ ercise of its power to prescribe just and reason¬ able rates the Commission shall initiate, mod¬ ify, establish or adjust such rates so that the carriers as a whole (or as a whole in each of such rate groups or territories as the Commis¬ sion may from time to time designate) will, under honest, efficient and economical manage¬ ment and reasonable expenditures for mainte¬ nance of way, structures and equipment earn an aggregate annual net railway operating income equal, as nearly as may be, to a fair return upon the aggregate value of the railway property of such carriers held for and used in the service of transportation: Provided, That the Commis- , sion shall have reasonable latitude to modify or adjust any particular rate which it may find to be unjust or unreasonable, and to prescribe different rates for different sections of the country.' "In every respect save one the paragraph just quoted is the declaration of the Constitu¬ tion as construed again and again by the Su¬ preme Court. That court has many times announced a rate or body of rates prescribed by a Congress, a Legislature, or a Commission which does not allow a fair return upon the value of the property which renders the service is confiscatory and unconstitutional. It has more than once set aside a body of rates which allowed a greater rate of return than the rail- ■ roads have received since September 1, 1920. "It is quite impossible to perceive the justice of a criticism upon this part of the law for it is nothing more than an accurate repetition of the Constitution and the repeated decisions of the Supreme Court interpreting it. If the Con- 42 gress had directed the Commission to do less than to adjust rates that would make a fair re¬ turn, or if the Commission without direction had done less, the Act of Congress or the act of the Commission would have been in violation of plain duty and the clearest commands of the Constitution." Interstate Commerce Commission Says "It is Not a Guarantee." As already said. Honorable John J. Esch, who was one of the principal authors of the Transpor¬ tation Act, is now and has been since May, 1921, a member of the Interstate Commerce Commission. In October, 1921, after Mr. Esch became a member of it, the Commission rendered a decision in the Western Grain Rates case. In this case it ordered a reduction of freight rates, despite the fact that the railways were not earning, and never had earned in a single month since the Transportation Act was passed, the net return which Congress had said should be regarded as a reasonable net return until March 1, 1922. In its opinion in the Western Grain Rates case, the Interstate Commerce Commission said : "The duty cast upon us by Section 15-A is a continuing duty and looks to the future. It does not constitute a guarantee to the carriers, nor is the obligation cumulative. We are not restricted by past or present statistics of oper¬ ation and earnings. These are serviceable only as they illuminate the fu.ture. What is con¬ templated by the law is that in this exercise of our rate-making power the result shall reflect our best judgment as to the basis which may reasonably be expected, for the future, to yield the prescribed return." In the same opinion it said: "The transportation machine of the country is being used for the benefit of the shippers and railway employees, and the owners of the ma¬ chine are receiving much less for its use than the law says they are entitled to." 43 A "Limitation," Not a "Guarantee." On May 24, 1922, the Interstate Commerce Com¬ mission rendered a decision in a case involving the question of general reductions of rates. It vi^as still true up to that time that the railways never in a single month had earned as much net return as Con¬ gress, in the Transportation Act, had indicated that it would be reasonable for them to earn. Neverthe¬ less, in this case also the Commission ordered a re¬ duction of rates. In its opinion in this case the Commission said; "The carriers must attract money by rates of return and stability of investment. While rates must not exceed a reasonable charge against the public served they must be such as to ob¬ tain the needed new capital. It is necessary to determine and make public, as required by Section 15-A, a percentage of fair return. De¬ termination of the percentage implies, or carries with it, no guarantee. Read in connection with the provision for recapture of one-half of the excess above 6 per cent it is, instead, a limita¬ tion." The Joint Commission of Agricultural Inquiry was a commission composed of members of both the United States Senate and the House of Repre¬ sentatives created to report upon the condition of agriculture. Representative Sydney Anderson of Minnesota was chairman of this Commission. Its other members were as follows : Senators Irvine L. Lenroot of Wisconsin, Arthur Capper of Kansas (Leader of the farm" bloc), Charles L. McNary of Oregon, Joseph T. Robinson of Arkansas, and Pat Harrison of Mississippi, and Representatives Ogden L. Mills of New York, Frank H. Funk of Illinois, Hatton W. Sumners of Texas, and Peter G. Ten Eyck of New York. This commission rendered its report in October, 1921. In Part HI of its report, (pages 402 and 403) which is entitled "Transporta¬ tion" the Commission made the following state¬ ment: 44 "Probably no section of the Transportation Act has been more misunderstood in terms and in application than Section 15-A. * * -The provision fixing the fair rate to the railroads at 5^ to 6 per cent expired by the terms of the Act, March 1,1922. There is no suggestion that this provision should be revived or extended. The purpose of this provision was to stabilize railroad credit and permit a level of rates which would produce revenues equal to operating ex¬ penses and a fair return upon the aggregate value of railway property put to public use. Notwithstanding this provision, the economic conditions existing in 1920 and 1921 were such that the net returns to the railroads, on the tentative value fixed by the Interstate Com¬ merce Commission of $18,900,000,000, at no time during this period exceeded per cent." It will be noted that the report in which the fore¬ going statement was made was signed, among others, by Senator Arthur Capper of Kansas, leader of the farm bloc in Congress. Net Return $1,201,000,000 Less Than "Fair Return." Even more conclusive proof that there is no "guarantee" than is given by the foregoing quota¬ tions from the most authoritative sources is afforded by the cold facts regarding the net returns which the railways actually have earned and 'received un¬ der the provisions of the Transportation Act. The rate making provisions directed the Inter¬ state Commerce Commission to fix rates that would enable the railways "as nearly as may be" to earn a "fair return" upon their valuation, and directed it to take as a measure of fair return for the two years ending with March 1, 1922, not less than per cent. The Commission ruled in the 192Û rate case that a fair return at that time would be 6 per cent. In the 1922 reduced rate case, the Commission held that a fair return after March 1, 1922, would be per cent. 45 What have the railways actually got? In the first year after their return to private operation, that ended on March 1, 1921, they had a net return, including government guarantees for six months of that year, of only 3^ per cent. In the year ending March 1, 1922, they had a net return of 3.65 per cent. The average for the two years was 3.57 per cent. For the entire two years it was $918,000,000 less than a return of six per cent on their valuation, and $730,000,000 less than the 5^ per cent expressly mentioned in the law. Despite the fact that the railways during these two years received $730,000,000 less than the mini¬ mum return mentioned by the law, the Commission, immediately after the termination of these two years, yielded to public demand and made a general reduction of freight rates. During the next twelve months, those ending with February, 1923, the rail¬ roads failed by $283,000,000 to earn the 5f per cent fixed by the Commission as the fair return after March 1, 1922. The net returns which the railways received in the first three years after the Transpor¬ tation Act went in effect totalled $1,201,000,000 less than the amount determined upon by the Com¬ mission as a fair return on the valuation of the rail¬ ways. It has been, in fact, despite the provisions of this Act, the smallest return they ever have re¬ ceived in any equal period since statistics for the railways as a whole have been kept. It is inconceivable that if the Act had never been passed, regulation would have, or could have re¬ stricted them to a lower return than this. But while the rate-making provisions thus far have done the railroads no good, they have, in one respect, done them harm. They have afforded pretext for the widespread dissemination of propaganda to the effect that the railways are "guaranteed" a return of 5^2 or 6 per cent, and this propaganda has done much to create a hostile public sentiment. 46 RAILWAY CAPITALIZATION AND VALUATION. The charge, made so frequently, that the rail¬ ways of the United States as a whole are over¬ capitalized is based upon the fact that some rail¬ ways are known to be overcapitalized, and ignores the fact that some are known to be undercapitalized —that is, to represent an actual investment and value exceeding their total capitalization. The charge of overcapitalization began to be made persistently some years ago. The man who made it most persistently and in the most exagger¬ ated form was Senator La Follette of Wisconsin. Mr. La Follette, in advocating a valuation of the railroads by the Interstate Commerce Commission, contended that this valuation would support his charge of gross overcapitalization. How the Valuation Was Made. In 1913 Senator La Follette secured the passage by Congress of a law of which he was the author, requiring the Interstate Commerce Commission to make a valuation of all the railways, and specifying in some detail just how this valuation should be made. It was to consist chiefly of an inventory of the physical properties actually used in rendering the service of transportation. In obedience to the La Follette law the Interstate Commerce Commission began in 1914 to make a valuation of the railways, most of the work on which had been done in 1920 when the railways were returned to private operation. The Esch-Cummins Transportation Act directed the Interstate Commerce Commission to so fix the rates of the railways as to enable them to earn a fair return upon the value of their properties, and in arriving at such valuation to take into considera¬ tion all the facts it had collected in carrying out the provisions of the La Follette Valuation Law. In its 47 decision in the Advanced Rate Case in 1920 the In¬ terstate Commerce Commission, for the purpose of that case, placed upon all the railways a tentative valuation of $18,900,000,000. The Interstate Commerce Commission again took up the question of valuation in the case involving reductions of rates which it decided in May, 1922. In that case the question was raised as to whether the valuation made by it two years previously was reasonable, and some representatives of shippers and of state commissions sought to show that it was too large. The Interstate Commerce Commis¬ sion, in its opinion in this case, expressly stated that subsequent investigation had supported its view that the valuation made by it in 1920 was reasonable. The fact should not be overlooked that the Inter¬ state Commerce Commission made this valuation chiefly in accordance with the requirements of a law the author of which was Senator La Follette, who expected confidently the valuation would show that the railways were overcapitalized. What was the capitalization of the railways at that time? The Real Capitalization of the Railways. The nearest date for which complete statistics of the Interstate Commerce Commission are available regarding the total capitalization of the railways is December 31, 1920; and these figures are published in its statistics of railways for that year, pages 29 and 30. These figures show that for railways hav¬ ing a total of 247,052 miles of line there were then in existence securities amounting to $21,891,450,785. But as the Commission says on page 29, "Of this amount $4,897,520,522 was held by reporting rail¬ way companies, so that $16,993,930,263, or $68,787 per mile of road, is the net sum that would be necessary to purchase these roads, considered as one system, on the basis of the par value of their 48 stocks and bonds not held under railway owner¬ ship." The Commission also says : "The capital of switching and terminal com¬ panies actually outstanding w.as $565,563,744, of which at least $145,515,533 was held by rail¬ way companies. Adding the difference, $420,- 048,411, to the $16,993,930,263, the total net figure for railway capital becomes $17,413,- 978,674." To summarize them the statistics of the Inter¬ state Commerce Commission show the following; "Tentative valuation of the railways Sept. 1, 1920, $18,900,000,000; total net capitalization of the railways December 31, 1920, $17,413,978,- 674." These are not statistics made up by railway stat¬ isticians. They are made by the Interstate Com¬ merce Commission, the government body created to ascertain the facts about the railways and give them to the public, including facts about their valua¬ tion and their capitalization. Therefore, this gov¬ ernment body which represents the public, and the public alone, is authority for the statement that the value of the property of the railways in 1920 ex¬ ceeded their net capitalization by almost $1,500,- 000,000. Attacks Upon the Interstate Commerce Commission Valuation. The tentative valuation made by the Interstate Commerce Commission in deciding the rate ad¬ vance cases in 1920 was soon attacked by various persons as excessive. Most of those who criticised it were radical labor leaders, or persons pretending to speak on behalf of the farmers. Clifford Thorne, a lawyer who had appeared against the railways in every important rate case before the Commission in ten years, got the American Farm Bureau Federa¬ tion to adopt a resolution declaring that the valua¬ tion was $5,000,000,000 too large. He declared that computations made by him, based on the market 49 prices of railway securities, showed that the total value of railway securities in 1920 was only about $13,000,000,000. Glenn E. Plumb, author of the Plumb plan for government ownership and employees' management of the railways, took the figures regarding tentative valuations of a few small roads which the Interstate Commerce Commission had made public, and based upon them a calculation from which he concluded that the total value of the railways was $9,400,- 000,000. By another method of computation he arrived at a valuation of $10,100,000,000. The various "valuations" of the value of the rail¬ ways made by critics of the commission's valuation differed among themselves by as much as $4,500,- 000,000. It was charged repeatedly, and is still charged, that the Commission's valuation recog¬ nized a large amount of so-called "watered" securi¬ ties. Conamission Sustains Its Valuation. The Interstate Commerce Commission, in its opinion ordering a general reduction of freight rates on May 24, 1922, commented upon the attacks which had been made upon its valuation, as follows: "We have before us deductions made by cer¬ tain of the state commissions and shippers, based upon the results of the valuation work under Section 19a so far as announced, and also computations based upon the market value of outstanding stocks and bonds. "More than 20 months have passed since our former determination, and in that period the valuation of the railroads under Section 19a (the LaFollette valuation law) has gone for¬ ward. The work is still incomplete, but has progressed to such an extent that we may ac¬ cept the results with fuller assurance, both as to particular roads and as showing general trends and principles. In our administration of various sections of the act, and in our certifica¬ tion of standard return for the purposes of the SO Federal control act, we have had occasion to make further investigation and corrections of investment accounts of the carriers. "The various other values and elements of value, as set forth in Increased Rates, 1920, have been re-examined in the light of the pres¬ ent record and the requirements of Section ISa. We find no present reason to disturb the value taken by us in that proceeding as approxi¬ mating the sums there* stated, except to the extent that subsequent additions to or with¬ drawals from the property in service, including materials and supplies and working capital, and further depreciation, made adjustment neces¬ sary." The additions made to the valuation because of investments made in the properties of the railways since the original tentative valuation was made have increased the tentative valuation of all roads to about $19,400,000,000, or about $2,000,000,000 more than their net capitalization was at the end of 1920. Chairman Clark Says Stocks and Bonds Were Not Considered. E. E. Clark, then chairman of the Interstate Commerce Commission, in testifying in January, 1921, before the Senate Committee on Manufac¬ tures, made the following statements regarding the way in which the tentative valuation placed upon the railways by the Commission was made: "Stocks and bonds were not considered at all. The question of capitalization was not thought of. It is the fair value as closely as could be estimated and approximated at that time of the physical property which was devoted to the transportation service. We had a mass of in¬ formation gathered in our valuation work, which is not in complete form to be given out in the form of reports and findings, and the Transportation Act specifically authorized us to avail ourselves of that information. We availed ourselves of all the information we could. 51 "The principal figures that were used in our valuation are as of 1913 and 1914. We fixed the unit price on a given railroad valuation as of June 30, 1914." In other words, the valuation was not based on the wages of labor and prices of material in 1920, but on the wages of labor and the prices of material in 1913 and 1914, when, of course, they were less than one-half as high as they were in 1920. Commissioner Hall Tells How Valuation Was Made. One year later, on January 5, 1922, the attacks upon the Interstate Commerce Commission's valua¬ tion having continued, Henry C. Hall, a member of the Commission, appeared before the Senate Com¬ mittee on Interstate Commerce and gave details not previously made public by the Commission as to how it had made its tentative valuation. Mr. Hall denied the assertion made frequently that the property investment accounts of the railroads were taken as a basis. Before the hearing on the rate advance case in 1920 began, Mr. Hall stated. Com¬ missioner Aitchison was designated to take charge of the compilation of the data to be used in fixing the value. He read a statement prepared by Mr. Aitchison outlining the methods used in preparing the voluminous tables and schedules placed before the Commission for its decision. The Commission, he said, felt called upon to use to the fullest extent the results of the investigation made under the Valuation Act of 1913 in so far as they were deemed available. The facts taken into consideration, as required by the LaFollette law, were: The original cost. The cost of reproduction. Depreciation. Account of investment. Corporate history of the property. The value of lands. Other values or elements of value. 52 The Commission also had before it the property investment accounts, which had been under its supervision since 1907, although it had not been possible to police these accounts thoroughly during that time, and a thorough study was made of the results of such inspections of the accounts and cor¬ rections of errors as had been made in particular investigations by the Commission. There was also an investigation of the amount and distribution of additions and betterments made since the date of valuation, and of the amounts of working capital, materials and supplies, etc., on hand. The Commis¬ sion also had the earning power of the carriers un¬ der different levels of rates and the results during the three-year test period. Consideration was given to all these matters and the resulting sums were capitalized at various percentages. "We had all these things before us and our minds finally settled on a figure," Mr. Hall said. "We didn't take $18,900,000,000 and then distribute it; we worked up to it. We took all the testimony and considered it and our judgment in weighing it rep¬ resents the composite of many minds." He pointed out that the carriers had claimed as their property investment, $20,400,000,000. Senator Atlee Pomerene, of Ohio, said to Com¬ missioner Hall: "In any event you are entirely satisfied that your valuation of $18,900,000,000 was more nearly correct than these valuations which are spread broadcast based on the market value of the railways securities?" Commissioner Hall replied, "Certainly. I am convinced of that. Senator." "Any one who circulates that kind of report is doing it for the purpose of deceiving the public?" Senator Pomerene asked. "It is not defensible in any sense," Com¬ missioner Hall replied. 53 Senator Cummins on the Valuation. Senator Albert B. Cummins of Iowa, chairman of the Senate Committee on Interstate Commerce, one of the authors of the Transportation Act, has felt very keenly the wholesale misrepresentation of cer¬ tain provisions of that Act, and in an address at Des Moines, Iowa, October 30, 1922, he answered these current misrepresentations, especially those dealing with valuation, by saying in part: "The last objection insofar as rates are con¬ cerned, involves a subject upon which there has been more misapprehension and more misrepre¬ sentation, sometimes intentional and sometimes unintentional, than upon any other, grows out of the statement, current throughout the state, that the Transportation Act validates seven or eight billions of dollars in excess of the actual value of the railroad property. "This charge, flagrantly and obviously, is untrue, but more honorable men and women have been deceived and misled by it than by any other part of the long continued campaign against the measure. "The argument is, that even granting that the rate of return whether designated by Con¬ gress or designated by the Commission is rea¬ sonable or less than reasonable, when computed upon a value of $18,900,000,000, it becomes ex¬ cessive, when computed upon a value of $12,000,000,000 the alleged market value of all railway stocks and bonds, and that rates could be reduced even if the cost of maintenance and operation is not reduced. The charge is ac¬ cepted by great multitudes of the people with¬ out reflection because they know that there have been vast amounts of railway stocks issued without any consideration. No one has insisted more vigorously than I have that this practice should come to an end, and finally in the Transportation Act it was brought to an end. Everybody knows, also, that beginning with the first railway construction a very con¬ siderable amount of the funded or bonded in¬ debtedness was issued without consideration, and I am glad to say that this vicious financing cannot occur under the Transportation Act. 54 "It is, however, a moral and economic crime to assert that because these things have been true that the railroad property of the United States which renders the service of transporta¬ tion, taken as a whole, was over-valued by seven or eight billions of dollars by the Inter¬ state Commerce Commission when it fixed the value for rate making purposes at $18,900,- 000,000. "If I cannot make this so plain that any intel¬ ligent human being can understand it I shall forever despair of establishing the simplest problem in railway economics. "Let us first examine the provisions of the Transportation Act upon this subject. They are found in paragraph 4 of Section 422, which added Section 15a to the Act to Regulate Com¬ merce. I quote it: "'(4) For the purposes of this section, such aggregate value of the property of the carriers shall be determined by the Commission from time to time and as often as may be necessary. The Commission may utilize the results of its investigation under Section 19a of this Act, in so far as deemed by it available, and shall give due consideration to all the elements of value recognized by the law of the land for rate-mak¬ ing purposes, and shall give to the property in¬ vestment account of the carriers only that con¬ sideration which, under such law, it is entitled to in establishing values for rate-making pur¬ poses. Whenever pursuant to Section Í9a of this Act the value of the railway property of any carrier held for and used in the service of transportation has been finally ascertained, the value so ascertained shall be deemed by the Commission to be the value thereof for the pur¬ pose of determining such aggregate value.' Based on LaFollette Law. "In a proceeding properly instituted, known as Ex Parte 74, the Interstate Commerce Com¬ mission found, on the 26th of August, 1920, that the railroad property of the United States was as a whole, of the value of $18,900,000,000. This value was found mainly, if not wholly, under an act passed in 1913, and which now ;onstitutes Section 19a of the Act to Regulate SS Commerce. Senator Robert M. LaFollette, of Wisconsin, was the author of the measure, and it was proposed and passed for the sole pur¬ pose of giving to the Interstate Commerce Commission a basis upon which to fix rates. "In 1920 the Commission had been engaged for seven years in making an inventory, and assigning the values of both the real and per¬ sonal property of the railroads, and had sub¬ stantially completed its task. It disregarded all stocks and bonds or other indebtedness, and viewed the property just as it existed; in fact, the amount of stocks and bonds which any company had issued became absolutely imma¬ terial. The Commission looked upon the rail¬ roads as tangible physical property, no matter from what source the money creating it had been derived. It appraised the property pre¬ cisely as one would appraise his farm with the buildings upon it, or a town lot with its im¬ provements. If there had been $100,000,000,000 of stocks and bonds issued by the railroad com¬ panies it would have neither added to nor taken from the value of the property itself. "The Supreme Court of the United States had definitely and finally laid down the rule of law for the ascertainment of the value of rail¬ road property. It had declared in many cases that the value of personal property including all structures and improvements is the cost of reproduction less depreciation for age and use, and that the value of the real property or land was at least the value of similar areas of adja¬ cent lands or lots with such additions as would represent the cost of acquiring the lands or lots for railway purposes. Proceeding in this way and in strict obedience to the Constitution and the decisions of the Supreme Court the Commission decided that the property was worth $18,900,000,000. "At the risk of repetition I venture to state this proposition in another form, because the thing that rankles in the hearts of the people of this state is the feeling, induced by the grossest misrepresentation, that they are asked to pay a return to the owners of railroad capi¬ talization upon seven pr eight billion dollars of watered stock and bonds. If this were true, 56 and if there had been any lawful way in which the burden could have been lifted, I agree that the Congress which passed the Transportation Act and every member who voted for it merits nothing but the severest condemnation. "The only answer to the proposition is that it is not true, and men who make the statement, if they have studied the subject, are enemies of good government, and men who accept it without inquiry fail in their plain duty as citi¬ zens of the Republic." View of Joint Commission on Agricultural Inquiry. The Joint Commission of Agricultural Inquiry of Congress was composed of five members of the United States Senate and five members of the Na¬ tional House of Representatives. This Commission, in its report (Part III, page 317) said: "Under the Transportation Act the return is computed on a tentative valuation determined by the Interstate Commerce Commission, and not upon the valuation of railroad stocks and bonds. For that purpose, the Commission is required to fix rates so that the carriers in rate groups and territories will, under efficient man¬ agement and reasonable expenditures for main¬ tenance, earn a fair return upon the aggregate value of the railway property of such carriers held for, and used in the service of transporta¬ tion and, as already stated, the Commission de¬ termines such aggregate value of the property of the carriers. In addition, the Commission also regulates new issues of stocks or bonds, construction of new lines and facilities, and the leasing or consolidating of existing lines. This is all helpful in the interest of the public, be¬ cause it assures that a return is not paid on any watered stock, but only on the value de¬ termined by the Interstate Commerce Commis¬ sion." A Farm Paper's Views on Valuation. The Orange Judd Farmer, discussing the ques¬ tion of valuation editorially, said in a recent issue; "Now, what about the water in railroad stocks? We hear a lot about dividends upon 57 watered stocks, and we have every right to object to paying dividends upon stock that does not represent actual property value used in transportation. Unfortunately again, the loud¬ est talkers either do not know the facts or choose to ignore them. The truth is that under present laws railroad earnings are permitted only upon the basis of actual property value, and capitalization cuts no figure in determining what a road is allowed to earn. "The Railway Valuation Act went into ef¬ fect March 1, 1913, and under it the Interstate Commerce Commission is required to ascertain and place a value upon each piece of property owned or used for railway purposes. This is a tremendous task, and for eight years the work has been under way, with much yet to do. Preliminary figures are announced from time to time as they are completed. So far as com¬ pleted, the results are mixed, some roads show¬ ing a capitalization in excess of value, or, in other words, showing watered stocks, while others show capitalization much below the actual value of the property. "The point to remember, however, is that the Transportation Act directs the Interstate Com¬ merce Commission to fix freight rates at a figure which 'will under honest, efficient, and economical management and reasonable ex¬ penditures for maintenance of way, structures and equipment, earn an annual net railway operating income equal as nearly as may be to a fair return upon the aggregate value of the railway property' used for transportation serv¬ ice. Under this authority the Commission tried to fix rates that would give a net income of six per cent on the actual property value. If under the rates fixed any road should earn more than six per cent upon its property value, one-half of the excess must be paid to the government." Secretary Hoover Answers Clifford Thome. When Herbert Hoover, Secretary of Commerce, appeared before the Interstate Commerce Commis¬ sion, February 3, 1922, he said, in discussing rail¬ road valuation: 58 "I see no occasion to go into the labyrinth of past railroad finance, its propriety or its lack of propriety, its foolishness or its skill. This Commission approaches financial problems ol the railways upon their actual value, not upon their issues of securities. And I take it we are living for the future, not the past. We want transportation and we want it with the values of private initiative and clean public service." When Clifford Thorne, the well-known anti- railroad lawyer, asked Mr. Hoover if he did not know that most of the railways were financed by giving stock bonuses with the bonds, Mr. Hoover replied : "Oh, yes, I have been hearing about that ever since I was a boy, but we have got to live for the future and not rehash the past. I believe that the present amount of stocks and bonds is less than the tentative value fixed by the Com¬ mission. We are faced with a practical ques¬ tion and the Commission is dealing with value, not the mass of paper on the markets." 59 RESULTS OF GOVERNMENT OWNERSHIP. The question of government ownership of rail¬ roads is not and will never be a dead issue in this country as long as we continue to have a large number of persons who take advantage of every opportunity to present government management as a cure-all for every transportation difficulty. The spectacular statements these men make attract at¬ tention, but one has only to look to Canada to find the proof that their arguments are based on falla¬ cies and misrepresentations. Huge Deficits in Canada. What has Canada to teach us in the matter of government ownership of railroads? Perhaps the answer can be found in brief excerpts from an article in the August, 1922, edition of "The Nation's Business," prepared by no less an authority than J. L. Payne, formerly Comptroller of Statistics of the Department of Railways and Canals in Canada. Mr. Payne informs his readers that the people of Canada did not deliberately adopt public owner¬ ship. He says: "They were not consulted about the matter. They were not asked at the time to express their judgment, nor have they been since. The war was on when the trouble began, and they were indifferent to everything else. Even Parliament did not get a chance to pass on what was done by the government. The elec¬ tors were simply told that these roads had been cast at the door of the government by reason of the guarantees, and that there was no alter¬ native to their being taken over. This ap¬ peared to be true, and superficially was true. It is now as clear as noonday, however, that if financial considerations alone had been permit¬ ted to control it would have been better to have made an absolute gift of the two roads in ques¬ tion, with the National Transcontinental thrown in, to a strong syndicate along with 60 $200,000,000 in cash, also as a gift, and in that way to have got rid of those properties. At this moment the public treasury would be more than $400,000,000 ahead on the transactions. Public Ownership is Costly. "The announced deficits, beginning with 1918 (made up by advances from the Dominion treasury), have been as follows: "The salient feature here is the cumulative character of the burden since public ownership began. But even these huge losses are but part of the truth. The figures given do not include fixed charges on the National Transcontinental, the Intercolonial, the Prince Edward Island, the Hudson Bay, the Quebec Bridge nor the branch lines in the Maritime Provinces mak¬ ing up about 4,500 miles of lines and covering a capitalization of nearly a billion dollars. The reason for this is that the government has an accounting system all its own. It utterly ig¬ nores interest on capital liability. Of course, it does not by that convenient and unsound method get rid of such a proper and genuine charge. If correct bookkeeping had been ap¬ plied to the situation, it is within the mark to say that the deficits during the past two years would have averaged $125,000,000. "The distressing story of deficits is not all. In order to pay operating shortages fixed charges, bolster weak links in the system, provide needed equipment, standardize de¬ fectively built sections and maintain the organ¬ ization set up by the government, the official records show that since 1914 over $600,000,000 has been advanced from the Dominion treasury. This has added to fixed charges. "Thus it came about in 1921 that while oper¬ ating loss was reduced by over $19,000,000 as compared with the preceding year, interest charges on increased capital liability consumed nearly the whole of the saving. If accruals had 1918 1919 1920 1921 $27,769,577 47,993,312 67,505,059 , 56,673,934 61 been taken into account at the date of the state¬ ment it would have done so fully. For the cur¬ rent year the outlook is no less unfavorable." Mr. Payne then asks: "What have been the results of public ownership in respect of efficiency?" And answers his own question by saying, in part: "Under government operation, conditions al¬ though bad to commence with, have grown im¬ measurably worse. It would be utterly impos¬ sible to point to a single betterment in operat¬ ing results under public ownership. Between 1918 and 1919, ton and passenger miles, which always represent the total service of any rail¬ way, fell off on the Canadian Pacific from 15,- 395,279,049 to 12,708,173,379. On the Canadian Northern the drop was from 4,516,544,184 to 4,014,384,482. This indicated a material shrink¬ age on both roads, and called for retrenchment. The Canadian Pacific (privately owned and op¬ erated) met the reverse by cutting down its staff of employees by 2,596. The Canadian Northern (government owned and operated) met it by actually increasing the number of workers by 8,052, or 36.4 per cent. Efficiency Declined 43 Per Cent. "Between 1917 and 1920 the volume of busi¬ ness on this state unit increased but 3.9 per cent, yet the number of employees was increased by 60.3 per cent. At the same time it got 35.1 per cent less service per employee. In fact, during the first two years of public ownership there was a decline of 43.3 per cent in efficiency by the ton and passenger mile test, than which no more satisfactory or just test could be applied. "Four things, it might be said, have been established beyond cavil. We have (1) brought on ourselves an economic policy of exceeding gravity, (2) very heavy losses have been in¬ curred. (3) These losses must be met by in¬ creased taxation, and (4) no solution of our problem appears to be in sight that would be accepted by our Parliament as at present con¬ stituted." 62 Results in Europe. The report of the Joint Commission of Agricul¬ tural Inquiry of Congress, submitted by Repre¬ sentative Sydney Anderson of Minnesota, says, in discussing the situation prevailing in various for¬ eign countries, on pages 394, 424, 427, 429, 431 : "Transportation throughout the world has been affected to a greater or less degree by con¬ ditions created by the world war and is still subject to the economic and political disloca¬ tions which followed it, but it is safe to say that state-owned railways have not recovered from the effects of the war, nor met the economic dis¬ locations with greater effectiveness than those privately owned and operated. Indeed, state- owned railroads have, as a rule, less nearly re¬ turned to norrnal conditions and readjustment to changed economic conditions than privately owned and operated railroads. In general, also, service and facilities have deteriorated, notwith¬ standing enormously increased expense of op¬ eration and revenues. Deficits in operation have been encountered on most of the state- owned railroads, which have been met through the imposition of taxes. Sad Results in Other Countries. "The labor situation and operating results of the Canadian railroads have closely paralleled those of the United States. The year 1921 was the worst in Canadian railway history. In Jan¬ uary the ratio of operating expenses to gross earnings was over 108 per cent for all railways as a group. While the Canadian Pacific was holding its own, the government system was creating an adverse operating expense ratio of 125 per cent. Fifty-two per cent of the total operating mileage of Canada was depending more and more upon the treasury of the Do¬ minion. "At the end of government control, in Eng¬ land, the deficit from unified operations in Aug¬ ust, 1921, approximated $250,000,000, although rates of carriage were substantially increased in the latter part of 1919 and at the beginning of 1920. Freight rates were increased a total of 63 112 per cent and passenger rates 75 per cent. The railway statistics for all lines in England, Scotland and Wales, from September 12, 1920, to and including August, 1921, show that the total gross receipts for Great Britain during that year were $1,240,000,000, contrasted with an expenditure of $1,224,000,000, or an operat¬ ing ratio of 98.8 per cent. The government compensation to the owners of the lines in 1920 amounted to $213,000,000. This poor financial showing was made in spite of the fact that on January 15, 1920, freight rates were further in¬ creased by about 50 per cent. "Since the inauguration of government own¬ ership and control in 1914 the balance sheet has been showing a loss, and it is reported that for the year 1920-21 that deficit will be $280,000,000. The revenues are estimated at $600,000,000, and the expenses at $880,000,000. The freight and passenger rates were increased with a view of reducing the 1920-21 deficit. Freight rates have been increased by 400 per cent above the rates of 1915, while the passenger fares have been increased approximately 250 per cent. Rates 200 Per Cent Above 1913. "The freight costs in Italy have been in¬ creased to such an extent as to create an ac¬ centuated disproportionate relativity with com¬ modity prices, and to such an extent that mer¬ chants are fast diverting their business to the motor-vehicle routes, whose rates of carriage in many instances are 50 per cent lower than those now applied on the railroads. "The German railways are government owned and operated. The latest figures avail¬ able are for 1919, and they show that the total capital investment amounted to $5,333,000,000. Freight rates were increased since our entry into the war up to November 1, 1921, by 1,359 per cent over the prewar level. "In Sweden the state operates 3,425 miles of line, which equals about one-half of the stand¬ ard-gauge mileage and 38 per cent of the total mileage of that country. Eighty per cent of all the lines in Norway are operated by the state. In Sweden the freight rates are now from lOÓ 64 per cent to 200 per cent higher than in 1913. But it is expected that with the general de¬ crease in the cost of materials and labor this level of freight charges will be adequate to meet the expenses for the coming year. The passen- gen rates in Sweden have been increased from 238 per cent to 330 per cent. Similar increases in rates have taken place in Norway. "The efficiency of either government or pri¬ vate operation is measured by the relative per¬ formance and cost of service. Measured by these standards, private management has shown itself to be superior to foreign govern¬ ment operation." 65 TYPICAL EXAMPLES OF ANTI-RAILROAD MISREPRESENTATIONS. There is scarcely a single feature of the results of railroad management, operation or rates that has not been the subject of the baldest misrepresenta¬ tion, and even falsification, by labor leaders, radical politicians and other propagandists seeking to dis¬ credit private management of railways in the eyes of the public. In the following pages is given a series of typical misrepresentations of a glaring character, and the answers to them. These misrep¬ resentations may be used as examples of the kind of propaganda to which the railways are constantly subjected. Many other examples might be cited if space permitted. An Exaggeration of One Billion Dollars a Year. The Misrepresentation Senator Smith W. Brookhart made the statement in an address before the Prairie Club at Des Moines, Iowa, March 14, 1923, that the operating expenses of the railways in 1921 and 1922 under private operation were one billion two hundred million dollars more per year than they were in 1919 under government operation. The Answer The facts are as follows : According to the statistics of the Interstate Commerce Commission, the operating expenses of the railways in 1919 were ^,399,715,515. In 1921 they were $4,603,806,907. In 1922 they were $4,455,650,215. Therefore, according to the statistics of the Commission, the operating expenses in 1921 were only $204,000,000 more than in 1919, and in 1922 they were less than $56,000,000 more than in 1919. In his speech at Des Moines Senator Brook- hart referred to reductions in wages. The 66 average wage paid by the railways to each employee in 1921 was $179 more than in 1919 under government control, and in 1922 it was $136 more than in 1919. If the average wage paid per employee had been the same in 1921 as in 1919, the total operating expenses of the railways would have been $298,000,000 less than they were, and if in 1922 the same aver¬ age wage had been paid as in 1919, the operat¬ ing expenses would have been $214,000,0(X) less than they were. Therefore, except for this increase in the average wage per employee, the total operating expenses of the railways would have been less in both 1921 and 1922 under private operation than they were in 1919 under government operation. A Twenty-Three Billion Dollar Exaggeration. The Misrepresentation Levi Stevens Lewis, in an article which appeared in the Iowa Labor News, Burlington, Iowa, issue of February 22, 1923, made the following statement : "The income of the railroads of the United States during the four calendar years 1916-1919, the latest official reports accessible to the pub¬ lic, was according to these official reports, suffi¬ cient to cover the operating expenses and taxes, in which operating expenses are included hun¬ dreds of millions for repairs, other hundreds of millions for 'depreciation of property' and still other hundreds of millions for 'retirements,' whatever they may mean, and also billions of dollars for 'interest on bonds' and yet leave a margin of profit for the sole and exclusive bene¬ fit of those who own the stock exceeding by a considerable sum $4,250,000,000. And here are the official figures compiled from 'Statistics of Railways in the United States,' published an¬ nually by the Interstate Commerce Commis¬ sion. The total net profits during these four calendar years was $6,448,803,781, thus: Profits realized in 1916 $1,232,484,589 Profits realized in 1917 1,542,195,111 Profits realized in 1918 1,839,443,459 Profits realized in 1919 1,834,680,622 Total profits four years $6,448,803,781 67 I have compiled from official sources, evidence that stands unimpeached, which evidence indi¬ cates that the net profit of American railroads (steam railroads only) is not less than $25,000,- 000,000 every period of twelve months, or more than $23,000,000,000 a year greater than official reports indicate such profits to be." The Answer The statements made by this writer are abso¬ lutely false, and based upon no facts whatever. The statistics which he says are taken from the reports of the Interstate Commerce Commission are com¬ plete fabrications. There is not to be found in all the reports of the Interstate Commerce Commis¬ sion one single figure that he gives. He gives what purports to be statistics for four years. In two of these years, 1916 and 1917, the railways were under private operation. The net operating income actually earned by them in these years is the largest possible measure of their "net profit." In 1918 and 1919 the railways were under government control. The "standard return" guar¬ anteed to them by the government is the largest possible measure of the "net profit" received by them in these years. Their net operating income (or guaranteed standard return) in these four years was as follows: 1916—$1»040,084,517 Net operating income for year ended December 31 1917— 934,068,770 Net operating income for year ended December 31 1918— 904,647,000 Guaranteed standard return 1919— 904,647,000 Guaranteed standard return Total—$3,783,447,367 His statement that "the net profits of American railroads is not less than $25,000,000,000 every period of twelve months, or more than $23,000,000,- 000 a year greater than official reports indicate such profits to be," is simply a silly prevarication. The figure he gives is approximately 25 times as great as the largest net return that the railways ever earned and received in any year in their history. The largest net operating income ever received by 68 them was in the year ended December 31, 1916, when it was $1,040,084,517. Railways Criticised for "Failure and Neglect to Properly Provide and Maintain Suitable Equipment." The Misrepresentation In his message to the legislature of South Dakota, January 2, 1923, Governor McMaster said: "The public had just grounds for complaint of the incompetency and criminal carelessness on the part of railroad officials through their fail¬ ure and neglect to properly maintain and pro¬ vide suitable equipment for transportation pur¬ poses. Eighteen months ago railway officials were perfectly cognizant of their depleted rail¬ way equipment. They knew unless this equip¬ ment was speedily brought up to a standard that tremendbus losses and hardships would be inflicted upon the American people through the railroads' inability to handle the traffic." The Answer H. E. Byram, president of the Chicago, Milwau¬ kee & St. Paul Railway Company, in an open letter addressed to Governor McMaster under date of February 12, 1923, replied to this charge as follows: "Not only did the railroads make better use in 1921 and 1922 of their equipment in hauling the farmers' products to market than ever be¬ fore, but it is wholly unjust and misleading to charge that managers of the railways did not make proper efforts to provide the equipment needed to handle the country's freight. During the very period of eighteen months during which you charge the railway managers with being 'criminally careless' in not trying to pro¬ vide more equipment, the railways actually placed orders for the purchase of over 2,700 new locomotives, and for almost 200,000 new freight cars. "They ordered more new freight cars from the builders in 1922 than in any year for 10 years, and 77,221 new freight cars were actually 69 delivered to the railways and put in service last year. Thousands of locomotives and cars, how¬ ever, cannot be built in a day, and most of those that have been ordered have not yet been built, but are still in process of construction." The Famous Carload of Potatoes from North Dakota. The Misrepresentation Several papers and magazines have carried an article recently, usually under the heading, "Car oi Potatoes Sold in Minneapolis for $336 brings North Dakota Farmer $1.30," the article carrying a fac¬ simile of a report by the Minnesota Potato Ex¬ change of Minneapolis to N. P. Nelson, Leal, N. D. The article among other things makes this com¬ ment: "We do not know where the blame lies, al¬ though the freight charge of 43 cents per ICQ, $180.60 on the car, or more than half of the gross price at Minneapolis, seems out of all proportion to the returns the farmer gets." The Answer This case was thoroughly investigated by W. W. Baldwin, vice-president of the Chicago, Burlington & Quincy, who, in writing to the publishers of one magazine which published the article in question, said : "This potato statement, as you published it, is full of mistakes and inaccuracies. In the first place, this car of potatoes was not sold in Min¬ neapolis at all ; it was sold in Chicago, and yet you give the Chicago freight rate as if it was the Minneapolis freight rate. In the second place, it was not a car of good potatoes but was a car of damaged potatoes, which therefore brought an inferior price. This was the reason why the Minneapolis Exchange sent it on to Chicago, where the chance of selling frost bit¬ ten and damaged potatoes is better because of the multitude of cheap restaurants. This Min¬ neapolis Potato Exchange is sponsored by the government and the state officials for 'cooperat¬ ive marketing.' 70 "These potatoes could not be sold in Min¬ neapolis and therefore were forwarded to Chi¬ cago, to avoid greater loss. The item 'Freight Investigate $28.20' was a mistake, and that money has already been refunded to Mr. Nel¬ son. The apparently high charge of $42.00 made by the Exchange covered not only their services in Chicago, but their efforts to sell the potatoes in Minneapolis. Unless you know how much time their expert salesmen were re¬ quired to take in both cities in the effort to sell a car of poor potatoes, how can you say that $42.00 is excessive for the service rendered? "The car was inspected by officials at Min¬ neapolis, who reported as follows: " 'Potatoes had percentage of soft rot due to freezing, and had other blemishes; impossible to inspect lower layers; loaded in old sacks.' "Chicago inspection said : " 'Potatoes mouldy ; nearly every bag wet ac¬ count frost decay; only 40 dry sacks out of 3.50 sacks; lower layer had small potatoes which were muddy.' Loss was Grower's Fault. "The manager of the Exchange at Minne¬ apolis says : 'The shipper probably offered the car to buyers who rejected it on track at Leal, and then shipped it to us. We get a look at the car for the first time when it reaches Minne¬ apolis, and have to sell it the best we can. First grade potatoes were bringing $1.00 on the Chi¬ cago market that day.' "If this car of potatoes had passed inspection at Minneapolis as number one, the proceeds to Mr. Nelson, instead of being $1.30, would have been about $200.00, and it was his own fault that he failed to receive this amount. Had the potatoes inspected No. 1, they would have been sold promptly in Minneapolis for $1.00 per hun¬ dred, instead of selling for $0.80 per hundred in Chicago, a difference of $67.50. Then the addi¬ tional freight expense to Chicago was $79.20, and if to these items you add $28.20 which has already been refunded, these sums total $174.90, while the commission charges and other ex¬ penses probably would have been $25 less. 71 "The distance from Leal, North Dakota, to Chicago is 770 miles, and the freight rate that was paid on this car was 1.1 cents per ton mile. The average freight rate in 1922 in the territory west of Chicago was 1.3 cents per ton mile. The rate that was actually charged on this car, containing a perishable product, is less than the average received on all freight over Class I railroads in the western district." The Claim That the Valuation of the Railways Is Based on "Present Day Costs" of Labor and Material. The Misrepresentation Governor W. H. McMaster of South Dakota, in his message to the legislature of that state, January 2, 1923, said that the Interstate Commerce Com¬ mission based the tentative valuation of the rail¬ roads made in 1920 on "present day costs" and that "the billions of watered stock are clothed with the dignity of full value in that the so-called physical valuation of railroad property about equals the stock issue of the railroads." The Answer H. E. Byram, president of the Chicago, Milwau¬ kee & St. Paul Railway Company, in an open letter addressed to Governor McMaster, February 13, re¬ plied to this charge as follows: "E. E. Clark, who was Chairman of the Inter¬ state Commerce Commission in 1920, when the valuation of $18,900,000,000 was placed on the railways, stated to the Senate Committee on Manufactures in January, 1921 ; 'Stocks and bonds were not considered at all. We had a mass of information gathered in our valuation work. We availed ourselves of all the informa¬ tion we could. The principal figures that were used in our valuation are as of 1913 and 1914. We fixed the unit price on a given railroad valuation as of June 30, 1914.' "The average wages of railway labor and the prices of materials used in railway construction 72 in 1913 and 1914, on which the valuation was based, were only about one-half as high as 'present day costs.' Therefore, if 'present day costs' had been used, the valuation would have been about twice as large as it actually was." The Charge That 10,000 Carloads of Apples Would Be Dumped Into the Columbia River Because of Excessive Freight Charges. The Misrepresentation Senator Smith W. Brookhart of Iowa, in a speech in the Senate, December 18, 1922, alleged that largely owing to inability to pay the freight rates, the apple growers of the state of Washington will be forced this year (1922) to dump 10,000 carloads of apples into the Columbia River. The Answer S. M. Felton, chairman of the Western Railways' Committee on Public Relations, in an open letter addressed to Senator Brookhart, January 14, 1923, replied to this charge as follows: "A telegram from the Wenatchee Valley As¬ sociation, composed of the growers in the apple district of Washington, says that your state¬ ment 'is not true' and adds: 'The district has already shipped about 8,000 cars, and there re¬ main about 5,500 cars. No question but that balance of them will be shipped, especially the late hard varieties. Mid-winter varieties are suffering on account of inability to move owing to lack of equipment, and it may be possible that a very small percentage will not move, but this is hardly possible.' "As the telegram shows, the shipment of ap¬ ples has been interfered with by shortage of transportation, not by freight rates. It is unfortunately true that there has been a short¬ age of transportation for some months, and that the farmers and business interests of the coun¬ try have suffered heavy losses because of it. This shortage of transportation is due mainly to the policy of restrictive regulation which has been followed for years, and nothing could be 73 better adapted to protract and increase it than the adoption of the policy of confiscating a large part of the value of the railroads which you advocate." Senator-Elect Shipstead and the Freight Charges on Sheep. The Misrepresentation In an address before the City Club of Washing¬ ton, D. C., December 5, 1922, Senator-elect Ship- stead of Minnesota, made the following statement: "Farmers ship sheep to market and then get bills for the balance of freight charges due. What they get for the sheep will not even cover the cost of shipping." The Answer S. M. Felton, Chairman, Western Railways' Com¬ mittee on Public Relations, replied to this misrep¬ resentation in an open letter addressed to Senator- elect Shipstead, January 1, 1923, in the following language : "The facts never at any time were as you stated them, and your statement never was more incorrect than on the day you made it. What is the truth as to freight rates and the prices that the Minnesota farmer could get for sheep on the very day that you made your speech? "On that very day sheep sold in the South St. Paul market for cents a pound, a price amounting to $780 for a single deck carload of sheep weighing 12,000 pounds. The freight rate from Northfield, Minn., a representative point, to South St. Paul on a carload of sheep was only $18.50, or less than 2J^ per cent of the selling price in St. Paul. "On the same day the price of sheep in the Chicago market was cents a pound, or $660 for a carload. The freight rate from North- field, Minn., to Chicago was $52.50, or only 8 per cent of the selling price. "The freight from Crookston, Minn., to South St. Paul was $41.45. Therefore, on a 74 12,000 pound carload of sheep selling for $780 the freight charge to South St. Paul was only 5.31 per cent of the selling price. A double deck carload of sheep weighing 22,000 pounds would bring in the Chicago market a total of $1,210. The freight charge from Crookston to Chicago was $128, and, therefore, the freight rate was only about 10^2 per cent of the selling price. "In other words, the day you made your speech the freight rate from representative points in Minnesota to large markets was only from per cent to 10^ per cent of the price for which the sheep actually sold in the mar¬ kets. How, in view of such incontrovertible facts, could any man of intelligence or honor, say that the freight rate was more than the farmer could get for the sheep?" The Charge That Rates Have Been Made High Enough to Pay Dividends on "Water." The Misrepresentation Governor W. H. McMaster, in his message to the legislature of South Dakota, January 2, 1923, made the following statement: "In the original stock issues of the railroad companies there are several billions of dollars of watered stock, and when this stock was issued they inaugurated rates which would pay dividends upon this total capitalization." The Answer H. E. Byram, president, Chicago, Milwaukee & St. Paul Railway, in an open letter addressed to Governor McMaster, under date of February 13, 1923, replied to this charge as follows : "Whether the railways originally were, or are now, overcapitalized, the fact is that con¬ trary to your statement they never in a single year in their history have paid dividends upon their total capitalization. In the ten years end¬ ing with 1910, they paid no dividends on 39 per cent of their stock. In the ten years ending with 1920, they paid no dividends on 38 per cent 75 of their stock; and in 1921, they paid no divi¬ dends on 43 per cent of their stock. They have used earnings they might have paid out in div¬ idends in making improvements ; and it is wholly unfair to contend, as you do, that they should not now be allowed to earn any return upon money thus invested." The Charge That Railway Officials Were Disloyal and Endeavored to Discredit Govern¬ ment Operation. The Misrepresentation Senator Smith W. Brookhart of Iowa, in a speech in the Senate, December 18, 1922, in an attempt to explain why operating expenses were so great un¬ der government operation said: "I do not question the integrity of the Direc¬ tor-General of Railroads. He was both able and loyal to his country, but down below him, perhaps below his possible touch, were manag¬ ing officers who were neither loyal to him nor to the government of the United States. They wanted to discredit government operation so that the railroads would be turned back. They were traitors as truly as was Benedict Arnold." The Answer S. M. Felton, chairman. Western Railways' Com¬ mittee on Public Relations, in an open letter dated January 14, 1923, addressed to Senator Brookhart, made the following reply to this charge: "I was not in active railroad service during the war, but was serving as Director-General of Military Railroads. I do know something, how¬ ever, of how railway officers served their coun¬ try at that time, and I denounce the charges you make against them as base and unsupport¬ ed calumnies. "Statements made by both W. G. McAdoo, who was Director-General of Railroads in 1918, and Walker D. Hines, who was Director-Gen¬ eral in 1919, are the best answers to your charge. Mr. McAdoo in his report to President Wilson, said : 'The full and sympathetic co- 76 operation of the various regional directors, Fed¬ eral managers, operating officers and employees has proved most effective in meeting the enor¬ mous problems facing the railroads, and their work has assisted enormously in keeping the transportation system of the country in a healthy condition.' When Mr. McAdoo re¬ tired as Director-General, he issued a statement to the public in which he said, with reference to his successor: 'I can ask nothing better for him than that they (railroad officers and em¬ ployees) shall give him and the country the same loyal and efficient service they rendered during my term as director-general.' "Mr. Hines, on February 28, 1920, in render¬ ing his final report as Director-General, said ; 'A final word of appreciation is due to the loyal and steady support of the officers and the great bulk of the employees and their organizations. The times have been exceedingly difficult for officers and employees, and these difficulties have been faced and dealt with in admirable spirit and temper.' "You were not, during government control and have not been since, in any position to form or express an opinion upon this matter which directly contradicts the statements made by both Mr. McAdoo and Mr. Hines." Senator-Elect Shipstead on the Increase in Train Load and the Labor Cost Per Ton Mile. The Misrepresentation Senator-elect Shipstead of Minnesota in an ad¬ dress before the City Club of Washington, D. C., on December 5, 1922, made the following assertion : "A railroad train operated by five men can now carry ten times as big a load as could be carried twenty years ago, yet in spite of the great labor cost reduction per ton mile, it costs the farmer more to ship, and labor does not get enough to keep it from striking." The Answer In replying to this misstatement, S. M. Felton, Chairman, Western Railways' Committee on Pub- 77 lie Relations, in an open letter addressed to Sen¬ ator-elect Shipstead under date of January 1, 1923, said : "Because of the efficiency of railroad manage¬ ment the number of tons of freight hauled per train has been greatly increased, but your state¬ ment regarding this is a gross exaggeration. The average number of tons hauled per train by the railways of the country in 1901 was 281 tons. In 1921 it was 578 tons. In other words, the average train now hauls about twice as much freight as it did twenty years ago, and not ten times as much, as you stated. "Furthermore, there has not been a 'great labor cost reduction per ton mile' within the last twenty years, as you asserted, but a very great increase. The average total labor cost of the railways per ton mile of freight in 1901 was 4.15 mills. In 1921 it was 9.02 mills, or more than double what it was twenty years before, despite the increase in the average load hauled per train. This great increase in the labor cost of operating the railroads is due, of course, to advances in wages, and has been the principal cause of the advances in freight rates of which many farmers complain. While the total labor cost of the railways increased twice as much as the freight handled in this twenty years, the average freight rate received by the railways for the service increased only 47 per cent. The main reason why the average rate charged by the railways has not increased in proportion to the increase in labor cost is that the owners of the railways now receive much smaller net earnings for moving each ton of freight one mile than they did twenty years ago." The Reason for Higher Railway Rates. The Misrepresentation Dante M. Pierce, publisher of the Iowa Home¬ stead, said in an article in this paper on November 2, "the shippers and consumers of the United States are determined upon securing some relief from the exorbitant rates which have resulted from the operation of the Esch-Cummins law." 78 The Answer C. H. Markham, President of the Illinois Central System, in an open letter to Mr. Pierce on Janu¬ ary 10, 1923, made the following answer to this statement : "It is not true that the present scale of rates is caused by the operation of the Transporta¬ tion Act. Present freight rates are made nec¬ essary by increased operating expenses which grew out of the war and federal control. "As a result of rate reductions put into effect during the past year, the average railway freight rate is now only 54 per cent higher than it was in 1913, before the war came along to upset the economic balance. Note how this small increase in the average freight rate com¬ pares with increased operating expenses : "The largest single item of railway operating expenses is the wage bill. The average annual compensation of all railway employes in 1922, allowing for the wage reductions put into effect during the year, was about $1,628, as compared with $761 in 1913, an increase of 114 per cent. The total amount of wages paid by the rail¬ roads in 1922 was about $2,635,000,000, as com¬ pared with $1,339,000,000 in 1913, an increase of 97 per cent. "The second largest item of railway ex¬ penses is the coal bill. In September, 1922, according to the United States Department of Commerce, the average price for bituminous coal at the mines was 310 per cent greater than in 1913. "Another important iteift in the cost of pro¬ viding transportation service is taxes. In 1913 the railroads paid taxes amounting to $118,386,- 859, while in 1922 their tax bill had mounted to about $300,000,000, an increase of 153 per cent. "Any further reductions in rates cannot be made without a ruinous effect upon all lines of business as long as wages, the cost of coal, taxes, and other expenses are at their present levels." 79 Alleged Manipulation of Accounts. The Misrepresentation A recent editorial in a Kansas farm paper calls attention to the so-called "recapture provision" of the Transportation Act which requires such rail¬ roads as may earn a net return of over 6 per cent in any one year to pay one-half of such excess to the Interstate Commerce Commission, and states that "Most of the prosperous roads have developed systems of accounting that will enable them to cover up their surplus profits and evade payment." The Answer A sufficient answer to the above is the fact that the Interstate Commèrce Commission has not only formulated the system of accounting which the railroads follow, but its expert accountants regu¬ larly examine and check the railroad's accounts to see that the accounting rules laid down by the Com¬ mission are followed and that no items are incor¬ rectly stated in the accounts. Capitalization of Consolidations of Railways. The Misrepresentation The same editorial referred to above calls atten¬ tion to the plan of merger of the railroads, included in the Transportation Act, into a few large systems, and objects to such mergers because it claims that "There would undoubtedly be a very large issue of new bonds and the interest on such bonds could be met in only one way—by charging still higher rates for service." The Answer In answer to such a statement it is only neces¬ sary to say that the Transportation Act of 1920, paragraph 188, reads as follows : 188 (b) "The bonds at par of the corpora¬ tion which is to become the owner of the con- 80 solidated properties, together with the out¬ standing capital stock at par of such corpora¬ tion, shall not exceed the value of the consoli¬ dated properties as determined by the Com¬ mission." Federal Judges Claimed to be in Sympathy With Corporations. The Misrepresentation The same editorial in the Kansas farm paper referred to above in calling attention to the said "recapture provision" of the Transportation Act suggests that the railroads may contest the pay¬ ments called for (on account of excess earnings) when the amount thereof shall have been deter¬ mined, and adds that "Nearly all the federal judges are lawyers who were corporation attorneys before they went on the bench. * * * All their sym¬ pathies are with the business interests which they served as hired attorneys." The Answer While no one can presently say, with any degree of certainty, what the decision of the United States Supreme Court would be should the constitution¬ ality of the so-called "recapture provision" of the Transportation Act be brought before it, attention may be here called to the fact that three federal judges in New Orleans on March 17 last held, in the case of the Dayton-Goose Creek Railway Com¬ pany, that the so-called "recapture provision" of the Transportation Act was constitutional. Moreover, it is evident that any federal judge whether on the United States Supreme bench or on a Circuit bench must have been a lawyer of wide experience in order to have been appointed to the bench ; also that such experience would natur¬ ally have been, in part at least, as counsel for one 81 or more corporations. But does that justify the suggestion that the judgment of a lawyer who had attained eminence in his profession and had had corporations among his clients would be warped by such associations and that he would not, there¬ fore, be suitable for the federal bench? If such reasoning were to be followed it would be prac¬ tically impossible to find any lawyer of prominence suitable as judge of a federal court. 82