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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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WITNESS FEES.

Mr. CARTER--The bill [H. R. 464] concerning fees and salaries. [Witnesses attending Common Pleas, Superior and Circuit Courts shall receive $1.25 per day, also mileage at the rate of five cent per mile; before a Justice of the Peace $1, and mileage five cents; before a Coroner, seventy-five cents and mileage five cents.]

Mr. Fuller's bill [H. R 138-see page 61 of these reports--vol. xix] concerning common carriers was read the third time. Mr. FULLER--There are, I am aware, many persons who oppose this measure, and I believe they do it honestly, from the fact that they think I am trying to bring something to bear that is in opposition to railroads, or that I am opposed to corporations. I would not do one thing that would impede the progress of railroads, for there is no one branch of industry in this country that has brought such wealth or done so much for the State. All I wish to reach in the bill is this:

The unjust discrimination between shippers. That is altogether wrong, especially so when it is presented in like quantities and in the same conditions as presented by any other shipper. When they haul a car from Evansville to Indianapolis for $10 and charge me $24 living at Worthington, about half way between here and Evansville, there is an unjust discrimination made which this bill seeks to correct. I do see the how this bill discriminates or works evil to the Railroad Companies. They have privileges in this country which we have given them. When we undertake to run a comon road through a man's farm we have to petition and work around a great deal to get it, but railroads can go through your farm as they please, and even if necessary tear away the grave of your mother in order to locate their road where they want it. I hope the bill will pass.

Mr. HUSTON--The object that it is desired to attain by this bill meets with my hearty approval. I would favor legislation that would insure to the citizens of Indiana from the onerous burden of discriminating freight rates; but, Mr. Speaker, I am fearful lest this measure will fall short of its object. This bill is of such character as to affect the railroad interest of the whole State, and I regard it of great importance that the proper consideration should be given to all questions that come before us, and especially to such as are involved in this measure in which the whole State is interested. I do not think, sir, that we should act upon this bill without minutely and carefully considering it in all its bearings. I am not speaking in the interest of railroad corporations, but, sir, I do not want that we should enact any law that would so cripple the railroads as not to enable them to do the businesso f the State. Railroads are managed as individuals manage their business. They do business for the money that is in it. And, sir, it is to the interest of the people that they should make money, and thereby be enabled to furnish for transportation of freight and passengers such facilities as the necessities require. I think we can best serve the people by enacting such laws as will give them exemption from any discrimination in freights, and passenger and freight rates, and that will not at some time militate agaist the Railroad Companies page: 46[View Page 46] because, if we want railroad facilities for the people, we must not, by legislation, render the railroads unable to furnish them. The principle that a railroad shall not charge more for the transportation of a passenger, a less distance that it does a greater, sounds all right but sir, may it not be greatly against the interest of railroads. I am not opposing this bill for any very especial reason other than that I do not think it wise to pass any bill affecting so nearly every inhabitant of the State, as this bill does with the little consideration this has had. We can not exercise too much care in this matter. We do not want to enact any law that will unneccessarily inflict loss, trouble or expense upon any Railroad Company. The people are interested in the success of railroads, and it is not to the interest of the people that they shall be arrayed against the railroad corporation. Their is a mutual interest that naturally should exist between the people and the railroads.

Railroads in fixing the "tariff" take into consideration all matters relating to the business from the various points. The cost of handling, loading and unloading freight, amount shipped, oompetition, etc., all are taken into consideration in making out tariff for freight.

Mr. Speaker let us not be too hasty and pass a law which is not what the demands of the people require. The section of this bill providing that, although rates may advance all through the country, as is the case when the lakes are closed, the railroad cannot charge any higher rate than is being charged when such freight is tendered (or shipment, although the railroad may have been doing its utmost to ship all that was offered. In other words, and to illustrate the principle, the bill provides that a man living along a line of railroad may, knowing that the lakes are about to be frozen up, tender to the Railroad Companies any amount of freight, and, although rates may advance, the mere fact of his having tendered the freight for shipment is sufficient to prevent the railroad from charging the rate greater than charged when such freight was tendered, although every pound of freight possible was being shipped by the Company, And also if any Company, in its own protection, has been compelled to carry freight at less than the cost of such transportation, that any freight offered during such reduction in rates shall be carried at the same reduced rate although six months elapse before the Company is able ship such freight. A Company might offer to ship freight at certain very low rates on account of scarcity of freight. Then, while they are carrying at such low rates and sustaining serious losses, it gives a man the privilege of tendering an amount of freight that will require the utmost efforts of the Companies a whole year to ship, and at only the same low rate, that had not profited the Company, but was a loss to them. Now, I object to this; it is too one-sided, and will not prevent the railroad from giving low rates during certain seasons of the year if they desire. Let us endeavor to enact a law that will be just, and that will certainly give the relief desired.

Mr. FRAZER--I want to say, in discussing this bill, there is not a word or syllable in it that is detrimental to any Railroad Company in this country that is disposed to be fair--not a word. The first section provides that no Railroad Company shall charge more a proportion for transporting freight and passengers a short distance than they charge for transporting a longer distance. We have had Freight Agents before our Committees as well as Auditors of Railroads, and we asked them why the charges were $10 from Evanville, and from Worthington, half the distance, the rate for a car was $24?--not one of them has been able to make a single satisfactory answer. The fact is from Evansville they have opposition, but along the way-stations there is no opposition and they charge what they please. If anybody can give a satisfactory reason why a Railroad Company should charge less for carrying freight 100 miles, than they same amount of freight fifty miles, that Section of the bill should be stricken out. What is the result of all this? At competing points cities have all thi advantages of railroads, while discrimination is made against the way-stations out in the country, where the people have to make up in the shipment of their produce what Railroad Companies lose at large points. Section 4 provides against the discimination between shippers. Everybody who has shipped knows that Companies set their own price and charge what they please. This section merely says you shall ship for A at the same rate you ship for B. This bill is eminently fair to both the shippers and carrier, and ought to pass.

Mr. GILMAN said there was no competition at his town, and the Railroad Company charged its own price; the consequence is that men who buy grain can not afford to pay anything near the market price for grain, because the know when their warehouses are full the Railroad Company advance the rate, thus incurring a high rate of transportation. It is fair and equal that every Railroad Company should be treated alike. He favored the passage of the bill.

The bill passed--yeas, 74; nays, 6.

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