It is asserted by transportation companies that such discriminations as they practice result from the differences which exist, and, though they may sometimes cause an injury to a few, they effect a much greater benefit to the many. The difficulty in the question is right here: The decision as to what is a sufficient difference to fairly require a discrimination in its favor must be decided by the. fallible mind of man. Differences of interest and so of opinion are therefore more frequent than differences of traffic. We may readily believe their statement, that the railroad managers are constantly besieged by the representatives of various places, trades, occupations, and interests, asking for concessions in rates that arc not granted to others. Each claims some peculiarity of situation or circumstance which justifies some concession. It is natural also that most of these claims should be based on interest rather than on principle. The railroad manager is prone to this view, as the interests of the property under his charge are certainly not advanced by building up the trade of one place or person by giving lower rates than are allowed to others similarly situated. These differences of opinion, it seems, must always continue to exist as long as there are different interests in commerce and different circumstances affecting production and trade. The decision as to the differences, too, must always be made by man; and the government official in Germany, France, Italy, Spain, and other countries of Europe where there is state ownership of railroads, has caused even more complaint by his rulings than has the manager of the private corporation in the United States.
That discrimination may be fairly and legally exercised has been decided by the courts, while most of the States prohibit unjust discrimination. An act of the Legislature of Illinois of July 1, 1871, "was pronounced unconstitutional by the Supreme Court of the State, because in its operations it was not in express terms directed against unjust discrimination, but against discrimination generally."[1]
Such discriminations in rates as result from the operation of the railroads under the control only of the requirements of commerce and the interest of the corporations can not be unjust in the pense of political economy, can not affect injuriously the interests of the community at large, but, on the other hand, must always work for the advancement of the common good.
The causes of discrimination will be found in the principles regulating rates. That there are some natural principles is shown from the fact that in all the different parts of the world where railroads have been built the same questions arise from the dissatisfaction of communities, interests, and trades; the same charges of unjust discrimination are made, and the same remedies have been applied of legislative restriction and interference. To this we may add that there has been everywhere the same failure of these remedies to effect the result de-
- ↑ "Report of Railroad Commissioners of Illinois," 1876, p. 17.
